The purpose of these zones is to preserve appropriate areas for agricultural use. Uses normally and necessarily related to agriculture are permitted and uses inimical to the continuance of agricultural activity are not allowed.

(Ord. 2018-1120-O, 8-21-2018; amd. Ord. 2022-1215-O, 8-2-2022)

No building shall be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35') without a conditional use permit. No accessory building shall be erected to a height greater than twenty five feet (25').

(Ord. 2006-915-O, 7-18-2006; amd. Ord. 2022-1215-O, 8-2-2022)

 

 

(Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2022-1215-O, 8-2-2022)

   A.   Conditional Uses On Land Of Less Size: Conditional uses may be located on land of less size than may be required by the zone if so approved by the planning commission.

   B.   A-5 And A-10 District Restrictions: Fur farms, public riding stables, silos, fish farms or the keeping of exotic animals may not be approved in the A-5 or A-10 districts.

   C.   Kennels: Kennels shall not be allowed in an A-5 district.

   D.   Location Of Corral Or Stable: No corral or stable shall be located closer than one hundred feet (100') from any dwelling unit.

   E.   Housing Of Weaner Pigs: The housing of weaner pigs may be approved by conditional use permit, subject to the following requirements:

      1.   "Weaner pigs" shall be defined as pigs that will be one year of age or less and do not weigh more than three hundred fifty (350) pounds at the end of the five (5) month period in which the weaner pig is kept.

      2.   All weaner pigs shall be kept only during the months of December through April, or for a different five (5) month period of time if approved by the planning commission.

      3.   Setbacks for pens for weaner pigs shall be the same as required for other animals.

      4.   No weaner pig shall be allowed to run loose (not in a restricted environment, such as a pen) unless attended by the owner or keeper of the pig.

      5.   All pens shall be cleaned regularly, a minimum of three (3) times weekly.

      6.   No mud bogs shall be allowed in the pens. All pens shall have drainage to keep water from pooling within the pen.

      7.   Other conditions as may be imposed by the planning commission relative to specific sites and/or conditional use applications.

(Ord. 2005-868-O, 3-15-2005; amd. Ord. 2022-1215-O, 8-2-2022)

The Agriculture Estate Overlay Zone may be requested by the owner only for property zoned A-20 (Agricultural 20 acre minimum lot size), or A-40 (Agricultural 40 acre minimum lot size), where the lot or parcel size matches or exceeds the minimum acreage for the zone. Agriculture is the primary land use for this overlay zone. The purpose of the zone is to promote local agriculture, working farms, and multigenerational agriculture operations by adding flexibility to some regulations while maintaining agriculture land for agriculture production. It is not to promote tourist, corporate, recreational or event uses inside agriculture zones that undermine the viability of agricultural operations.

(Ord. 2022-2015, 8-2-2022)

An owner may request a zone change from A-20 or A-40 to the Agriculture Estate Overlay Zone. The applicant shall demonstrate that the zone change is justified to preserve land for permanent agricultural use by providing supplemental standards requested by the property owner that replace some of the standards of the underlying A-20 zone or A-40 zone. The self-imposed overlay zone shall be requested by the owner, considered by the planning commission, and determined by the county commission as the land use authority. The planning commission may recommend approval, modified approval, or denial of the zone change request. The owner shall provide substantial information to show that the supplemental standards it requests only impact certain requirements of the underlying A-20 zone or A-40 zone, and that any negative impacts of the requested replacement standards have been mitigated through superior site layout, building materials, and design as proposed by the owner.

(Ord. 2022-2015, 8-2-2022)

Uses permitted in this zone are as follows:

   Accessory Dwelling Unit (ADU) (up to 1 for every 5 acres but not to exceed 4)

   Caretaker dwelling (as an ADU).

   Crop production, horticulture and gardening.

   Dairy production.

   Farm buildings and uses.

   Home occupations (County business license required).

   Household pets; provided that they are not kept, bred or maintained for any commercial purposes.

   Livestock feeding.

   Poultry raising.

   Single-family dwellings.

(Ord. 2022-2015, 8-2-2022)

Uses requiring a conditional use permit in this zone are as follows:

   Agricultural businesses.

   Exotic animals.

   Fish farms.

   Housing of weaner pigs.

   Kennels.

   Pavilion.

   Public utilities.

   Silo (vertical or horizontal).

   Stands for sale of produce.

   Veterinarian.

(Ord. 2022-2015, 8-2-2022)

A single-family dwelling or accessory dwelling unit (ADU) may be erected to a height greater than two and one-half (21/2) stories or thirty five feet (35') if specified in the narrative and elevations submitted as part of the complete overlay zone change application. Accessory buildings may be erected to a height greater than twenty five feet (25') if specified in the narrative and elevations submitted as part of the complete overlay zone change application. No single-family dwelling or ADU shall be less than eight feet in height, or more than 60 feet in height. The height of all structures is subject to local fire district approval.

(Ord. 2022-2015, 8-2-2022)

 

 

Only the following specific regulations in the A-20 or A-40 zone may be modified at the request of owner in the Agriculture Estate Overlay Zone. All other modifying regulations found in County ORD. 10-7-6 apply to the overlay zone. Only specific modifications justified by the owner may be modified, upon following the application procedures set forth in 10-7B-8, below:

   A.   Single Family Dwellings: Two primary, single family dwellings may be permitted on the lot or parcel in the overlay zone.

   B.   Caretaker Dwelling: One caretaker dwelling counted as an accessory to the primary dwellings may be permitted. It may be attached or detached from a primary, single family dwelling, barn, or other structure or building, subject to compliance with all ordinances and adopted building codes. A caretaker dwelling is included in the number of ADUs permitted in the overlay zone, and shall comply with County ORD. 10-13-18.

   C.   One designated dwelling may be permitted in the overlay zone as a short term rental only if compliant with County ORD. 10-13-23.

   D.   The Agriculture Estate Overlay Zone does not create a subdivision of land, and the lot or parcel subject to the zone remains as one lot or parcel.

   E.   Fencing: Non sight obstructing fencing (at least fifty percent (50%) open) may be installed in the front yard setback to a height not to exceed six feet (6') in height except within the clear view triangle as defined in 10-15-3. Entryway fencing to private driveways may not exceed six feet (6') at the highest point without a building permit. Decorative lamps on pillars may extend two feet (2') above the six foot (6') height.

(Ord. 2022-2015, 8-2-2022)

   A.   Complete Agriculture Estate Overlay Zone application.

   B.   Exhibits showing the entire lot or parcel to be included in the overlay zone.

   C.   Detailed written narrative of the Agriculture Estate Overlay Zone as proposed and justifications for all requested modifications.

   D.   Colored site plan including existing natural and built features and location of proposed dwellings, accessory dwellings, structures and buildings.

   E.   Height and Elevations: The type, character and proposed height of all dwellings, accessory dwellings, structures and buildings. Demonstrate that the massing and building scale is appropriate for the location, and proposed height increases are appropriate for the area.

   F.   Layout, Materials and Design: Justification for the requested modified regulations, showing the owner’s superior site layout, building materials, and design to compensate for the additional heights, dwellings, and uses contemplated in the proposed overlay zone.

   G.   Landscaping: Show where increased landscaping is proposed to enhance the design and reduce any negative impacts.

   H.   Utilities: Location of all utilities, underground utilities, transformer equipment, and fire hydrants.

   I.   Time Limitation: Building permits for construction within the Agriculture Estate Overlay Zone must be obtained within twenty-four months of approval of the zone change. Only a one-year extension may be granted if a written request for the extension is received before the twenty-four month time limit elapses. If the time limits elapse without issuance of building permits for construction of the approved plans in the overlay zone, the zone reverts back to the previous zone (A-20 or A-40).

(Ord. 2022-2015, 8-2-2022)