(A) Intent.
(1) These standards are intended to promote agribusiness and agritourism in Hancock County while preserving the quality and character of the county's neighboring land uses. For purposes of this section, the term AGRIBUSINESS refers to activities occurring on a farm that promote agriculture and/or the profitability of fanning operations. These standards are also intended to establish minimum criteria for agriculturally-based businesses while preserving and fostering the diversity and economic vitality of Hancock County farms.
(2) Generally, AGRIBUSINESS is a commercial enterprise involving the production, raising, processing, distribution, and sale of agricultural and value added agricultural products. Agribusiness may also include AGRITOURISM venues involving public visitation of agricultural, horticultural, or agribusiness operations for purposes of education and entertainment. Agritourism may include both agricultural and non-agricultural activities.
(3) When interpreting and administering this section, attention should be given toward categorizing broad types of venues (i.e. U-pick operation, dairy operation with cheese making, etc.) rather than detailing or forecasting every possible activity or event that may happen at a given location. As in any industry, changes in current trends, customer demands, and crop performance will affect the specific nature of activities from year to year. When considering operations for approval the BZA is encouraged to consider general, rather than specific, categories of activities and events.
(B) General requirements. An agribusiness operation may only be permitted in association with land that is actively producing an agricultural product. Operations and activities relating to an agribusiness shall be accessory to the primary agricultural use of the land. An agribusiness may be allowed only in accordance with the Land Use Matrix and Definitions sections for Agribusiness Type 1 and Agribusiness Type 2 of this chapter. Concurrently, two or more types of agribusiness may be conducted on the same parcel. In addition, an agribusiness shall be subject to the following requirements:
(1) Agribusiness Type 1. A land use associated with an Agribusiness Type 1 shall not be subject to an improvement location permit; however, any site improvement or structure associated with an Agribusiness Type 1 shall be subject to an improvement location permit pursuant to the requirements of this chapter and all applicable building codes.
(a) Parking. Parking areas shall not be required for an Agribusiness Type 1.
(b) Hours of operation. Operations involving patrons shall be limited to the hours between 7:00 a.m. and 10:00 p.m., except as follows:
1. Seasonal activities and/or special events shall cease by midnight.
2. Overnight camping associated with historical reenactments, involving fewer than 100 patrons, shall be allowed.
3. Extension of these hours shall be subject to BZA approval of a special exception.
4. Employees and family members of the owner/operator shall be exempt from this provision.
(2) Agribusiness Type 2. The Board of Zoning Appeals shall review for approval the size, scope, and duration of an Agribusiness Type 2 and the number of any separate and distinct agribusinesses and/or agribusiness activities sought to be operated on the land, as well as the frequency of the activities. The Board of Zoning Appeals shall, in considering whether to grant a special exception for an Agribusiness Type 2, weigh the potential benefits of the proposed agribusiness to the land owner and the promotion of agriculture against the anticipated impact of the agribusiness upon surrounding landowners. The Board shall also consider comments regarding the proposal from the County Surveyor, County Highway Engineer, and local Fire Department. A special exception granted to operate an Agribusiness Type 2 shall remain valid as long as the owner/operator continues meeting the requirements of the special exception. Notification of surrounding land owners shall be provided pursuant to the county's standard notification procedure.
(a) Parking. The design and location of parking areas shall be reviewed and approved by the Board of Zoning Appeals in accordance with the parking standards of this chapter. The BZA may require additional parking areas if overflow parking events regularly occur and/or to minimize traffic congestion. In no instance shall parking be permitted within the public right-of-way; the owner/operator shall take measures to ensure that vehicles do not park in the right-of-way.
(b) Type 1 activities included. A special exception to operate a Type 2 activity shall be assumed to include all activities referenced in the definition for Type 1 unless otherwise determined by the BZA at the time the special exception is granted.
(c) Approval runs with land. Any special exception and terms thereof granted for an agribusiness operation shall run with the land unless otherwise determined by the BZA.
(3) Improvement location and building permit required. All structures relating to an agribusiness shall be subject to applicable zoning and building code requirements.
(4) Owner/operator. The primary operator of the agribusiness shall be the owner of the land and/or have legal control of the land, owned or rented.
(5) Signage. On-site directional signage (such as traffic control signage) necessary to provide a safe and well-organized experience for guests is encouraged. For purposes of this section, corporate branding may be utilized provided the directional signage is not visible from the public road.
(6) Vehicular access. The design, installation, and maintenance of driveway entrances for an agribusiness shall be reviewed and approved by the County Highway Department and/or applicable agency.
(7) Sanitation. Temporary public toilet facilities that are visible from public roads or located within 100 feet of residential homes shall be screened unless otherwise approved by the Planning Director. Temporary toilet facilities for employees required by agricultural food safety regulations are exempt from this screening.
(8) Buffer yard required. Any agritourism activity, including parking area, located within 200 feet of an established residential primary structure, of other than the owner's, shall install a landscape buffer yard between the activity and residential structure, as follows:
(a) Trees. Two broadleaf deciduous canopy trees and two evergreen trees shall be planted for every 50 feet of boundary between the activity and residential property line.
(b) Shrubs. Shrubs shall be planted along 50% of the boundary.
(c) Mound or wall. The plantings shall be supplemented by either:
1. An earth mound, at least three feet tall, with a maximum slope of 3:1 (rise:run), or
2. An opaque fence/wall, at least six feet tall, of wood, brick or stone. At least 75% of the above required plant material shall be located outside of the fence/wall.
(d) Height. The minimum height of the buffer yard shall not be less than eight feet upon maturity.
(e) Standards. All landscape materials required by this section shall be subject to the landscaping standards of this chapter.
(f) Placement limitation. The buffer yard shall not be placed within any easement, right-of-way, or septic field.
(g) Additional cover. All portions of the buffer yard not planted with trees and/or shrubs shall be covered with grass or other common landscape material.
(h) Maintenance. Trees and shrubs are intended to grow, spread and mature over time. Therefore, pruning, limbing-up, topping and other growth-inhibiting measures may be used only to ensure public safety.
(i) Qualifying trees and shrubs. Refer to the tree and shrub species tables in § 156.075 for the list of qualifying trees and shrubs.
(9) Waste/debris. The owner/operator of an agribusiness shall maintain the site and adjacent areas in a clean, neat, and well-groomed condition. Trash shall be collected and stored in closed containers. All dumpsters visible from public roads or within 100 feet of residential homes shall be screened unless otherwise approved by the Planning Director.
(10) Other considerations. The agribusiness shall comply with the county's standards and regulations pertaining to, but not limited to signage, lighting, and maximum occupancies, unless waived or modified by the Board of Zoning Appeals. Structures relating to an agribusiness may also be subject to state license and permit requirements for public occupancies, amusement and entertainment. The County Planning Department shall maintain an informational checklist of other permits and approvals that may be required to operate an agribusiness.
(11) Legal non-conforming ("grandfathered") uses. An agribusiness legally in existence prior to enactment of this section shall not be subject to the provisions of this section. However, any such agribusiness that adds a new and distinct Agribusiness Type 2 activity must comply with this section prior to adding the new business. An agribusiness legally in existence pursuant to a variance or special exception granted prior to enactment of this section shall not be subject to the provisions of this section but shall continue to conform to the terms of approval of the variance or special exception.
(Ord. 2012-5A, passed 5-29-12; Am. Ord. 2015-5H, passed 5-19-15)