A. The purpose of agricultural zones is to retain the economic base that identifies Gem County by protecting the good productive lands for agricultural purposes by identifying farmlands and farming operations in those unincorporated portions of the county not likely to undergo intensive urban development.
B. Such farmlands are subject to pertinent regulations of Gem County and the state of Idaho, provided that the exemptions are complied with, as applied to agricultural lands, as recited in section 67-6529, Idaho Code:
No power granted hereby shall be construed to empower the Board of County Commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product.
C. All persons who purchase residential dwellings or other property located in the unincorporated areas of Gem County subsequent to the date of the adoption of this section, shall specifically waive any nuisance claim they may have against any agricultural operation, including animal confinements, at the time of closing on said property. For the purpose of this section, a nuisance includes, but is not limited to, flies, odors, and all noises, tractor operations or other operations which may be found to be annoying, unpleasant, or obnoxious. This waiver shall not apply to any nuisances which are also a violation of Idaho state law. The waiver must be signed and recorded with the Gem County recorder at the time of closing on the property. (Ord. 2009-05, 9-28-2009)