La Valley Township City Zoning Code
A-1 AGRICULTURAL
DISTRICT
§ 154.055 INTENT.
(A) It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those agricultural lands beyond areas of planned urban development.
(B) It is recognized that, because of the nature of both agricultural activities and residential subdivisions, that these two uses are generally poor neighbors and therefore a concentration of housing in the A-l Agricultural District shall be discouraged.
(Ord. 0904-05, passed 5-20-2009)
§ 154.056 PERMISSIVE USES.
A building or premises shall be permitted to be used for the following purposes in the A-l Agricultural District:
(A) Agriculture;
(B) A single-family dwelling if the following provisions for building eligibility are met. Each quarter-quarter section shall have one building eligibility when all the following conditions are met.
(1) There are no other dwellings on the quarter-quarter section.
(2) The building site shall be a minimum of one acre.
(3) Approval has been granted by the appropriate governing entity for access onto a public road.
(4) The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
(5) Prior to any building permit being issued for any new single family residence located in the A-l Agriculture District, a right to farm covenant shall be filed with the county’s Register of Deeds on the parcel of land upon which the new structure will be located. Only the following shall constitute a right to farm covenant:
“RIGHT TO FARM NOTICE COVENANT
You are hereby notified that the property on which you are constructing a structure is in or near agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facility operations. Agricultural operations may include, but are not limited to, the following: the cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. You are also notified that there is the potential for agricultural or agricultural processing operations to expand. This notification shall extend to all landowners, their heirs, successors or assigns and because it is required pursuant to the issuance of a building permit, may not be removed from the record title without consent of the Lincoln County Planning Commission.”
(C) Elementary or high school;
(D) Historical sites;
(E) Church;
(F) Neighborhood utility facility;
(G) Antenna support structure; and
(H) Minor home occupation in conformance with § 154.243
(Ord. 0904-05, passed 5-20-2009)
§ 154.057 PERMITTED SPECIAL USES.
(A) A building or premises may be used for the following purposes in the A-l Agricultural District in conformance with the requirements prescribed herein.
(1) A building eligibility may be used within a farmstead, provided:
(a) The building eligibility exists on property contiguous to and under the same ownership as the farmstead;
(b) There will be no more than two dwellings within the farmstead; and
(c) The residential structure may be a single-family dwelling, manufactured home, or mobile home.
(4) Greenhouses and nurseries, provided there is no retail sale of products conducted on the premises;
(5) A single-family dwelling located on a lot of record in accordance with the following:
(a) A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility;
(b) A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows.
1. The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility.
2. If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use.
(c) Approval has been granted by the appropriate governing entity for access onto a public road; and
(d) Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.
(6) Concentrated animal feeding operation (Class D), provided:
(b) The operation shall not be in the Aquifer Protection Overlay District, over a mapped shallow aquifer or a floodplain.
(7) Concentrated animal feeding operation (existing) shall be allowed to expand by up to 300 animal units, provided:
(a) The operation is located in a farmstead or property contiguous to the farmstead.
(b) The operation shall not be located in the Aquifer Protection Overlay District, over a mapped shallow aquifer, or a floodplain.
(c) The operation shall not exceed 500 animal units.
(d) There is conformance with the state’s Department of Environment and Natural Resources design standards for any newly constructed waste containment facility. A registered professional engineer shall certify the plan specifications and the construction of the facility.
(e) Approval by the Planning Director of a nutrient management plan which has been prepared in conformance with the state’s Department of Environment and Natural Resources standards.
(8) Cannabis cultivation facility.
(a) Medical cannabis cultivation facilities shall provide proof of registration with the State Department of Health, and shall, at all times, maintain a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void.
(b) The facility shall not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school.
(c) The facility must operate entirely within an indoor, enclosed, and secure facility.
(d) There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the facility is operating.
(Ord. 0904-05, passed 5-20-2009; Ord. 1802-38, passed 2-27-2018; Ord. 2011-13, passed 11-10-2020; Ord. 2106-30, passed 6-22-2021; Ord. 2207-06, passed 7-5-2022)
Penalty, see § 154.999
Cross-reference:
Operation of medical cannabis facilities, see § 111.02
Permitting and licensing of medical cannabis establishments, see § 111.03
§ 154.058 CONDITIONAL USES.
(C) Airport/heliport;
(D) Group day care;
(E) Private campground;
(F) Garden center;
(G) Kennel;
(H) Stable;
(I) Roadside stand;
(J) Fireworks sales, provided the length of sales does not exceed nine days;
(K) Golf course, golf driving range;
(L) Private outdoor recreation facility;
(M) Trap shoot, rifle range, pistol range;
(N) Public facility owned and operated by a governmental entity;
(P) Bed and breakfast establishment;
(Q) Sanitary landfill, solid waste transfer station, rubble dump, commercial compost site;
(R) Sewage disposal pond;
(S) Cemetery;
(T) Pet cemetery;
(U) Livestock sales barn;
(V) Concentrated animal feeding operation - new (Class A, B, or C);
(W) Electrical substation;
(X) Public utility facility;
(Y) Agriculturally related operations involving the handling, storage, transporting, and shipping of farm products;
(Z) The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met.
(1) The transfer of building eligibility shall occur only between contiguous parcels under the same ownership. For purposes of this section, SAME OWNERSHIP means two or more parcels of land owned or controlled by an individual or combination of individuals, corporations, partnerships, or other legal entities, with said owners described uniformly on the deed or other legally binding conveyance of each parcel.
(2) Suitability as a building site based on the following factors:
(a) Agricultural productivity of the soil;
(b) Soil limitations; and
(c) Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.
(3) The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant.
(4) The parcel from which the eligibility is transferred shall continue as agricultural land or remain in its present use.
(5) Approval has been granted by the appropriate governing entity for access onto a public road.
(AA) Manufactured home in conformance with § 154.247(C) if there is building eligibility on the parcel;
(CC) Facilities for the storage and distribution of anhydrous ammonia;
(DD) Operations related to the recycling, handling, grinding, processing, storage, and shipment of wood and wood products; and
(EE) Hunting lodge.
(Ord. 0904-05, passed 5-20-2009; Ord. 1802-38, passed 2-27-2018; Ord. 2011-13, passed 11-10-2020)
§ 154.059 ACCESSORY USES.
Accessory uses and buildings permitted in the A-l Agricultural District are buildings and uses customarily incident to any permitted use in the district.
(Ord. 0904-05, passed 5-20-2009)
§ 154.060 PARKING REGULATIONS.
§ 154.061 SIGN REGULATIONS.
§ 154.062 DENSITY, AREA, YARD, AND HEIGHT REGULATIONS.
(A) There shall be a required front yard on each street of a double frontage lot.
(B) If a lot of record has less area or width than herein required and its boundary lines along the entire length abutted lands under other ownership on August 3, 1995, and have not since been changed, such parcel of land may be used for any use permitted in this district.
(C) Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building, and, provided further, that said additions will be erected no closer to the lot line than the existing building.
(D) Buildings may be located within the required front yard but no closer to the public right-of-way than a legal nonconforming building, provided the building is no greater than 150 feet from the nonconforming building.
(E) The maximum height and minimum lot requirements within the A-l Agricultural District shall adhere to the general requirements of the following table:
Front yard | 30 feet** |
Lot area | 1 acre* |
Lot width | 125 feet |
Maximum height | 35 feet*** |
Rear yard | 30 feet |
Side yard | 7 feet |
* Unless a larger lot size is required by the granting of a conditional use permit. ** The front yard on a major arterial street or section line road shall be 50 feet. *** There shall be no height limit for farm structures or wind energy conversion system. | |
(Ord. 0904-05, passed 5-20-2009)