No land devoted exclusively to agricultural use, as defined in § 154.003, shall be located in a zoning district where such use is not explicitly listed as a permitted or conditionally permitted use. All agricultural uses involving animal husbandry, poultry husbandry, and dairying require a permit, issued by the Zoning Inspector, and shall comply with the following requirements:

   (A)   The use shall not create a nuisance, disturb the peace, and result in a health or safety violation acted upon by the appropriate enforcement authority.

   (B)   Agricultural structures shall be set back at least 20 feet from a non-agricultural use, building, or structure, on a neighboring lot and otherwise comply with the applicable requirements of the zoning district in which it is located.

   (C)   On a lot that is less than two acres in area, animal husbandry, and dairy production is prohibited.

   (D)   On a lot that is at least two acres, animal husbandry, poultry husbandry, and dairy production shall comply with the following:

      (1)   Must be located in the RR District.

      (2)   The animals must be contained within a building or structure or a fenced/walled area of the lot which meets industry standards for the containment of the applicable animal unit and/or bird unit.

      (3)   The number of animals shall not exceed more than two animal units per fenced acre.

      (4)   The number of birds shall not exceed one bird unit per acre.

      (5)   Calculations of the acreage required shall be rounded up to the next whole number.

   (E)   Animal and bird units are defined as:

      (1)   One equine = one animal unit.

      (2)   One bovine = one animal unit.

      (3)   Two swine = one animal unit.

      (4)   Three sheep = one animal unit.

      (5)   Three goats = one animal unit.

      (6)   Twelve chickens (or other poultry) = one bird unit.

      (7)   Animals not described in this section may be considered provided the animal is of a similar type and nature to those listed in this section. Provided, however, that any animal not listed shall require a conditional use permit.

(Ord. 2023-7, passed 11-20-2023)

   A building for the sale of home-grown produce may be located not less than ten feet from the road right-of-way if it is a portable building. If portable, it shall be removed from its roadside location during the season that it is not in use as a roadside produce stand. A permanent structure for such use may be constructed but shall be located not less than 50 feet from the road right-of-way line. Parking shall be provided off of the road right-of-way in accordance with § 154.157(E).

(Ord. 2023-7, passed 11-20-2023)

   No agritourism operation shall be located in a zoning district where such facilities are not permitted or are not a conditionally permitted use. In addition to the procedure and requirement for approval of conditional use permits, as stated in §§ 154.090 et seq., the Board of Zoning Appeals shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval if the following conditions have been met:

   (A)   The applicant shall provide evidence that the land on which the agritourism operation shall be located meets the definition of "farm" as defined herein.

   (B)   The applicant has identified with particularity the factors and activities to be conducted that qualifies the contemplated use under the definition of agritourism as defined herein.

   (C)   The applicant shall provide a site plan of the farm where the agritourism operation and the activities meeting the definition of agritourism shall be located. All such plans shall identify with particularity: (1) All structures on the property; (2) those structures used primarily for agritourism; (3) all setbacks from property lines for all structures; and (5) any existing or proposed well and/or on-site wastewater disposal systems area(s).

      (1)   The size and setback for any structure used primarily for agritourism activities shall be in conformance with the requirements of the applicable zoning district, listed in the Official Schedule of District Regulations.

   (D)   Site plans shall incorporate off-street parking in accordance with size requirements in § 154.110.

      (1)   Any application for a conditional use permit shall include estimates of traffic to be generated and peak times by the contemplated agritourism use. The Board of Zoning Appeals, in their discretion, may impose additional off-street parking requirements adequate to meet peak time demand as part of a conditional use permit. Such additional off-street parking requirements shall be created in a manner that does not cause nuisance or conflict with adjoining properties. In no instance shall parking be permitted within yard setback areas or within 20 feet of the road right-of-way.

   (E)   Applicants shall provide the Board of Zoning Appeals with a site study indicating that safe and adequate ingress and egress can or will be maintained at all times. The Board of Zoning Appeals may impose additional requirements if in its discretion such additional requirements are necessary to provide safe and adequate ingress and egress from the agritourism operation at all times.

   (F)   The applicant shall provide data establishing the seasons and weeks of operation, and the hours of operation. The conditional use permit shall clearly state these parameters and incorporate them as a condition of the permit.

   (G)   Sales located at the agritourism operation shall be limited to products which are incidental or related to agritourism, or that are a product of agricultural production, as defined herein.

(Ord. 2023-7, passed 11-20-2023)