(A) An exception to this subchapter may be sought by a party requesting to locate a residence or other facility closer to an existing intensive livestock operation than permitted by the aforementioned setbacks and requirements. If or when 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. The covenant shall read as follows or shall contain words of similar meaning as follows:
In accepting this deed, grantees do hereby acknowledge that the surrounding land is agricultural in usage; 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 that operation.
(B) If an intensified livestock applicant finds he cannot reasonably meet the established requirements, he may request a variance or special exception from the Board of Zoning Appeals. After hearing, the Board 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 may impose conditions as are deemed necessary in furtherance of the purposes and intent of this chapter.
(Ord. 466, § 2-16.5-6, passed 5-11-98)