(A) (1) No building permit for erection or construction of any new building, structure, or manufactured home, in which water and/or sewer is used therein, shall be granted, unless the applicant grants to the owners of all property adjacent the property for which the building permit applies, a perpetual non-exclusive easement as follows.
(a) The grantors, their heirs, successors, and assigns acknowledge by the granting of this easement that the above described property is situated in an agricultural area and may be subjected to conditions resulting from commercial agricultural operations on adjacent lands. Such operations include the cultivation, harvesting, and storage of crops and livestock raising and the application of chemicals, operation of machinery, application of irrigation water, and other accepted and customary agricultural activities conducted in accordance with federal and state laws. These activities ordinarily and necessarily produce noise, dust, smoke, and other conditions that may conflict with grantors’ use of grantors’ property for residential purposes. Grantors hereby waive all common law rights to object to normal and necessary agricultural management activities legally conducted on adjacent lands which may conflict with grantors’ use of grantors’ property for residential purposes and grantors hereby grant an easement to adjacent property owners for such activities.
(b) Nothing in this easement shall grant a right to adjacent property owners for ingress or egress upon or across the described property. Nothing in this easement shall prohibit or otherwise restrict the grantors from enforcing or seeking enforcement of statutes or regulations of governmental agencies for activities conducted on adjacent properties.
(2) The easement is appurtenant to all properties adjacent to the applicant’s property, and shall bind to the heirs, successors, and assigns of grantors and shall endure for the benefit of the adjoining landowners, their heirs, successors, and assigns. The adjacent landowners, their heirs, successors, and assigns are hereby expressly granted the right of third party enforcement of this easement.
(3) The easement shall be signed, notarized, and recorded in the records of the county and shall have a legal description of applicant’s property attached thereto.
(B) The applicant for a building permit for erection or construction of any new building, structure, or manufactured home in which water and/or sewer is used therein shall include with the application, a list of all existing animal confinement operation (“ACO”) facilities within one-half mile of the applicant’s property. Prior to granting the building permit, the Planning and Zoning Commission shall provide notice as required by law, and shall hold a hearing as required by law, to allow the owners of such ACOs for an opportunity to be heard prior to the granting of the building permit.
(Ord. 2002-3, passed 8-26-2002)