§ 154.005 AGRICULTURAL USES EXEMPT.

   In accordance with the provisions of Iowa Code Chapter 335, as amended, no regulations or restrictions adopted under the provisions of this chapter shall be construed to apply to land, farm houses, farm barns, farm outbuildings or other buildings or structures which are primarily adapted, by reason of nature and area, for use for agricultural purposes. While so used, provided, however, that, such regulations or ordinances which relate to any structure, building, dam, obstruction, deposits or excavation in or on the floodplains of any river or stream shall apply thereto.

   (A)   No zoning permit or certificate of zoning compliance shall be required for the use of land for agricultural purposes or the construction or use of buildings or structures incidental to the use for agricultural purposes of the land on which such buildings or structures are located.

   (B)   If a tract of land is less than 20 acres, it shall be presumed that the tract is not primarily used for agricultural purposes.

   (C)   It shall be the responsibility of any person or any group claiming that certain property is entitled to exemption on the basis of this section to demonstrate that the property is used for agricultural purposes.

   (D)   The following non-agricultural uses and buildings, though customarily found in the agricultural areas of the county, or conducted, built or maintained by persons coincidentally engaged in agricultural pursuits, shall obtain a construction compliance certificate or occupancy compliance certificate or both, in accordance with the provisions of this chapter:

      (1)   Private golf courses;

      (2)   Private lakes or ponds for recreational use by the general public, or a private club, lodge or association;

      (3)   Stables or kennels operated as a business, club or association;

      (4)   Sawmills;

      (5)   Gravel and sand pits and rock quarries;

      (6)   Tourist campgrounds;

      (7)   Private parks;

      (8)   Private or commercial hunting preserves;

      (9)   Farmstead home occupations;

      (10)   Roadside produce stands; and

      (11)   Private dumps or waste disposal sites.

(Ord. passed - -2010)