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Wildwood City Zoning Code

SECTION 415

600 Supplementary Regulations For Agricultural And Aquacultural Operations.

[R.O. 1997 § 415.600; Ord. No. 2264, 5-22-2017]
A. 
The owner and operator of any machinery or equipment used as part of an agricultural operation and which emits a continuous sound shall ensure that the operation of the machinery or equipment does not result in an increase in the noise level above the ambient noise level, as defined in Section 217.020 of the City Code of the City of Wildwood, at or beyond all boundary lines of the lot on which the machinery or equipment is located. The owner and operator shall construct and install such machinery, equipment or structures necessary to comply with this Section, including but not limited to a cover, enclosure, muffler, berm, landscaping, fencing, or some combination thereof. Prior to operating any machinery or equipment used as part of an agricultural operation and which emits a continuous sound, the owner and operator must submit a sound study to the City outlining which measures will be taken to ensure compliance with this Section.
B. 
Conditional Uses.
1. 
On any lot, which is used for aquaculture on the effective date of this Section, the following are prohibited without obtaining a conditional use permit from the City:
a. 
Any other use of any kind on the lot, including accessory uses;
b. 
Expansion of the area used for aquaculture;
c. 
Installation, construction, reconstruction, or replacement of any structures used for aquaculture; or
d. 
An increase in the number of aquatic organisms held, grown or harvested on the lot.
2. 
Undertaking any of the activities in this Subsection (B) without first obtaining a conditional use permit will result in the forfeiture of any non-conforming use for aquaculture; provided, however, nothing in this Subsection (B) shall prohibit the installation, construction, reconstruction or replacement of any structures otherwise complying with the provision of this Code when the Department of Planning determines that such installation, construction, reconstruction or replacement is performed for the purpose of complying with Section 217.050 of this Code.
C. 
No conditional use permit for any of the activities in Subsection (B) shall be approved by the City, if aquaculture is not a permitted or conditional use in the underlying zoning district in which such lot is located.