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Henderson City Zoning Code

ARTICLE XXV

AG, AGRICULTURE DISTRICT25


Footnotes:
--- (25) ---

Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XXV in its entirety to read as herein set out. Former art. XXV, §§ 25.01—25.05 pertained to similar subject matter, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 11-02, adopted May 13, 2002; and Ord. No. 01-13, adopted Jan. 22, 2013.


Sec. 25.01.- Statement of purpose.

This district is intended to classify the land situated on the fringe of the urban area that is used for agricultural purposes, but will be undergoing urbanization in the future. Many tracts in this district should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is authorized in other districts. The types of uses, area and intensity of use of land which is authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

Agricultural use means the use of a tract of at least ten (10) contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 25.02. - Permitted uses.

(a)

Churches.

(b)

Nonprofit public and private organizations.

(c)

Farm buildings.

(d)

Farm, including livestock, pork and poultry raising, dairying, horticulture and other similar bona fide agriculture endeavors or use of land. Pens or structures for farm animals of a new farm operation shall not be located closer than two hundred (200) feet to any residential, commercial, or industrial structure.

(e)

Greenhouses and nurseries, both wholesale and retail.

(f)

Home occupations.

(g)

Horse stables and riding schools/academies.

(h)

Libraries, parks and other recreational facilities.

(i)

Monastery, convent or other religious community.

(j)

Public, parochial and private schools designed for children of elementary school, junior high school and senior high school age.

(k)

Temporary assembly, for periods not exceeding thirty (30) days and subject to the building and electrical codes of the governing body and regulations of the Henderson County Public Health Department.

(l)

Veterinary clinics and hospitals, commercial dog kennels, provided that any structure or area used for such purpose, including pens or exercise runways, shall be at least four hundred (400) feet from any residential district.

(m)

Golf courses or country clubs.

(n)

Oil well or gas wells including the drilling thereof.

(o)

Storage of oil or gas drilling equipment necessary for that lease.

(p)

Selling on the premises of agricultural products produced on the premises; provided that the roadside stand should be considered temporary and shall be set back from the road right-of-way at least fifty (50) feet to permit parking, ingress and egress and shall not be constructed in such a location as to create an undue traffic hazard.

(q)

Single-family dwellings occupied by the owner or operator of the farm and such additional single family dwellings as are necessary for occupancy by the farm operation.

(r)

Accessory uses.

(s)

Winery/vineyards.

(t)

Cannabis cultivator.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 31-24, Exh. D, 6-25-24)

Sec. 25.03. - Conditional uses.

(a)

Airports or landing fields.

(b)

Cemeteries.

(c)

Public or private landfills and sewerage disposal plant.

(d)

Hospitals and sanitariums.

(e)

Wireless transmitting and receiving stations, radio and television towers.

(f)

Retail sales of farm machinery and farm supplies (seed, fertilizer, herbicides, etc.), on lands for which the principal use is agriculture.

(g)

Commercial outdoor recreational facilities (example, pay lake, campground).

(h)

Public utility buildings, telephone exchange buildings, electric transformer (sub) stations and gas regulator stations which are considered by the county board of zoning adjustment to be necessary for the provision of essential services by governmental agencies or public utilities.

(i)

Shooting range, indoors (must meet all federal, state, and local regulations).

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 24-16, Exh. A, 7-12-16)

Sec. 25.04. - Exceptions.

Land which is used solely for agricultural, farming, dairying, livestock raising, or similar purposes shall have no regulations imposed as to building permits, certificate of occupancy, height, yard, location, or courts' requirements for agricultural buildings, including and limited to one (1) manufactured housing unit used as a dwelling except that:

(a)

Setback lines may be required for the protection of existing and proposed streets and highways.

(b)

All buildings or structures in a designated floodway which tend to increase flood heights or obstruct the flow of floodwaters may be fully regulated.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 25.05. - Area, height, bulk and placement regulations.

(See attached schedule of regulations, Article XXVII)

(Ord. No. 23-14, Exh. A, 7-8-14)