(A) No agricultural operation or any of its appurtenances shall be or become a nuisance or trespass, private or public, or be in violation of any zoning ordinance, or be subject to any ordinance that would restrict the right of the operator of the agricultural operation to utilize normal and acceptable practices, by any changed conditions in or about the locality thereof after the same has been in operation for more than one year, when the operation was not a nuisance at the time the operation began, the only exception to this section being whenever a nuisance, trespass or zoning violation results from the negligent operation of an agricultural operation or its appurtenances.
(B) The term AGRICULTURAL OPERATION includes any facility for the production of crops, livestock, equine, poultry, livestock products, horticultural products, timber and any generally accepted, reasonable and prudent method for the operation of a farm to obtain a monetary profit that complies with applicable laws and administrative regulations, and is performed in a reasonable and prudent manner customary among farm operators. Agricultural practices protected by this section shall include, but not be limited to, fertilizer application, the application of pesticides or herbicides that have been approved by a public authority, planting, cultivating, mowing, harvesting, land clearing and constructing farm buildings, roads, lakes and ponds associated with a farming operation. An agricultural operation shall not lose its status by reason of a change of ownership, a cessation of operation for any period of time, nor shall it lose its status by reason of changes of crops or methods of production.
(C) Any builder or developer of homes for sale to the public, which homes are adjacent to agricultural operations, provide purchasers and potential purchasers a copy of this section, copies of which shall be maintained at the County Judge/Executive’s Office, County Courthouse, Stanford, Kentucky.
(Ord. 1-1.8.02, passed 1-8-2002) Penalty, see § 150.99