10-21-9: PROTECTION OF LAND:
   A.   Property Taxes: Any land placed in an agriculture protection area shall be subject to the provisions of Utah Code Annotated, title 59, chapter 2, part 5, farmland assessment act.
   B.   Limitations On Local Regulations:
      1.   It shall be the policy of the city to encourage the continuity, development and viability of agriculture within the area by not enacting local laws, ordinances or regulations that would unreasonably restrict farm structures or farm practices within the area unless those laws, ordinances or regulations bear a direct relationship to public health or safety.
      2.   The city council may not change the zoning designation of land within an agriculture protection area unless it receives written approval for the change from all the landowners within the agriculture protection area.
   C.   Nuisances:
      1.   To the extent deemed necessary or desirable, the city council shall ensure that any of its laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any agricultural activity or operation within an agriculture protection area conducted using normal farming methods unless that activity or operation bears a direct relationship to public health or safety.
      2.   In a civil action for nuisance involving agriculture activities, it is a complete defense if:
         a.   The agriculture activities were conducted within an agriculture protection area; and
         b.   The agriculture activities were not in violation of any federal, state or local law or regulation relating to the alleged nuisance, and were conducted according to sound agricultural practices.
      3.   For each new subdivision development located in whole or in part within three hundred feet (300') of the boundary of an agriculture protection area, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:
      Agriculture Protection Area
This property is located in the vicinity of an established agriculture protection area in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future be conducted on property included in the agriculture protection area. The use and enjoyment of this property is expressly conditioned on acceptance of annoyance or inconvenience which may result from such normal agricultural uses and activities.
   D.   Eminent Domain Restrictions:
      1.   Approval Required: A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agriculture production unless it has obtained approval of the city council and the advisory board according to the procedures and requirements of this section.
      2.   Notice: Any condemner wishing to condemn property within an agriculture protection area shall file a notice of condemnation with the city council and the agriculture protection area's advisory board at least thirty (30) days before filing an eminent domain complaint.
      3.   Actions Required Of Council And Board: The city council and the advisory board shall:
         a.   Hold a joint public hearing on the proposed condemnation;
         b.   Publish notice of the time, date, place and purpose of the public hearing in a newspaper of general circulation within the city; and
         c.   Post notice of the time, date, place and purpose of the public hearing in three (3) conspicuous public places within the city.
      4.   Approval Conditions:
         a.   If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the city council and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area for the project.
         b.   If the condemnation is for any other purpose, the city council and the advisory board may approve the condemnation only if:
            (1)   The proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of agriculture within the agriculture protection area; or
            (2)   There is no reasonable and prudent alternative to the use of the land within the agriculture protection area for the project.
      5.   Decision; Failure To Act:
         a.   Within sixty (60) days of receipt of the notice of condemnation, the city council and the advisory board shall approve or reject the proposed condemnation.
         b.   If the city council and the advisory board fail to act within the sixty (60) days, the condemnation shall be considered approved.
      6.   Violations Prohibited; Action To Enjoin: The city council or the advisory board may request the city attorney to bring an action to enjoin any condemner from violating any provisions of this subsection.
   E.   Restrictions On State Development Projects:
      1.   Each state agency that plans any development project that might affect land within an agriculture protection area shall submit its development plan to the Utah commissioner of agriculture and the agriculture protection area's advisory board for their review.
      2.   The Utah commissioner of agriculture and the agriculture protection area's advisory board shall:
         a.   Review the state agency's proposed development plan; and
         b.   Recommend any modifications to the development project that would protect the integrity of the agriculture protection area or that would protect the agriculture protection area from nonfarm encroachment. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)