(A) An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural operation has been in operation continuously for more than one year if there is no significant change in the hours of operation, there is no significant change in the types of operation, and the operation would not have been a nuisance at the time the agricultural operation began on that locality. The provisions herein shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.
(B) For purposes of this section, the term AGRICULTURAL OPERATION or OPERATION shall be defined as any operation devoted to the bona fide production of crops and animals, but not fowl unless otherwise exempted herein, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; and nuts, nursery and floral products. The term shall include the commerce of farm-to-business and farm-to-consumer sales.
(C) For purposes of this section, a farmers' market or like regulated sale of produce, though considered an agricultural operation, may be approved by the Council upon request as an approved and authorized exception to this chapter.
(Ord. 2014-26, passed 12-9-2014; Am. Ord. 2015-6, passed 2-24-2015- Ord. 2016-19, passed 11-22-2016)