(A) An exception to the setbacks for new improvements established by and in this chapter may be applied for by the filing of a variance application with the County Board of Zoning Appeals. Such an application for variance will be reviewed and discussed at a public meeting to determine if a new improvement is properly located in relation to an intensive livestock ordinance. If or when such a variance is granted by the Board of Zoning Appeals, the party obtaining the variance shall be required to attach to the deed or other appropriate document to be placed of record a covenant protecting the livestock enterprise being encroached upon. Said covenant shall read as follows or contain words of similar meaning as follows:
“IN ACCEPTING THIS DEED, THE PROPERTY OWNER, AFFIANT, AND GRANTEES DO HEREBY ACKNOWLEDGE THAT SURROUNDING LAND IS AGRICULTURAL IN USAGE; AND, FURTHER, THE PROPERTY OWNER, AFFIANT, AND GRANTEES, AND THEIR SUCCESSORS IN INTEREST, ARE PRECLUDED FROM COMPLAINING AND/OR ATTEMPTING TO ENJOIN THE FARM OPERATION BECAUSE OF NUISANCES WHICH MIGHT RESULT FROM SAID AGRICULTURAL OPERATIONS AND USAGE.”
(B) If an intensified livestock applicant finds he or she cannot reasonably meet the established requirements, the applicant may request a variance or special exception from the Board of Zoning Appeals. After hearing, the Board of Zoning Appeals shall determine if the request is in harmony or conflict with the purpose and intent of this chapter and/or is detrimental to the owners of surrounding, adjacent property. In the granting of any special exception or variance, the Board of Zoning Appeals may impose such conditions as deemed necessary in furtherance of the purposes and intent of this chapter.
(Ord. 2019-02, passed 2-26-2019) Penalty, see § 112.99