§ 154.057 PERMITTED SPECIAL USES.
   (A)   A building or premises may be used for the following purposes in the A-l Agricultural District in conformance with the requirements prescribed herein.
   (B)   A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements of §§ 154.375 through 154.386:
      (1)   A building eligibility may be used within a farmstead, provided:
         (a)   The building eligibility exists on property contiguous to and under the same ownership as the farmstead;
         (b)   There will be no more than two dwellings within the farmstead; and
         (c)   The residential structure may be a single-family dwelling, manufactured home, or mobile home.
      (2)   Wind energy conversion system in conformance with § 154.241;
      (3)   Off-premises signs in conformance with §§ 154.335 through 154.340;
      (4)   Greenhouses and nurseries, provided there is no retail sale of products conducted on the premises;
      (5)   A single-family dwelling located on a lot of record in accordance with the following:
         (a)   A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility;
         (b)   A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows.
            1.   The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility.
            2.   If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use.
         (c)   Approval has been granted by the appropriate governing entity for access onto a public road; and
         (d)   Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.
      (6)   Concentrated animal feeding operation (Class D), provided:
         (a)   The operation shall meet the requirements of § 154.250(D)(2)(e) and (F).
         (b)   The operation shall not be in the Aquifer Protection Overlay District, over a mapped shallow aquifer or a floodplain.
      (7)   Concentrated animal feeding operation (existing) shall be allowed to expand by up to 300 animal units, provided:
         (a)   The operation is located in a farmstead or property contiguous to the farmstead.
         (b)   The operation shall not be located in the Aquifer Protection Overlay District, over a mapped shallow aquifer, or a floodplain.
         (c)   The operation shall not exceed 500 animal units.
         (d)   There is conformance with the state’s Department of Environment and Natural Resources design standards for any newly constructed waste containment facility. A registered professional engineer shall certify the plan specifications and the construction of the facility.
         (e)   Approval by the Planning Director of a nutrient management plan which has been prepared in conformance with the state’s Department of Environment and Natural Resources standards.
         (f)   The operation shall meet the requirements of the table in § 154.250(D)(2)(e) and (F).
      (8)   Cannabis cultivation facility.
         (a)   Medical cannabis cultivation facilities shall provide proof of registration with the State Department of Health, and shall, at all times, maintain a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void.
         (b)   The facility shall not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school.
         (c)   The facility must operate entirely within an indoor, enclosed, and secure facility.
         (d)   There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the facility is operating.
(Ord. 0904-05, passed 5-20-2009; Ord. 1802-38, passed 2-27-2018; Ord. 2011-13, passed 11-10-2020; Ord. 2106-30, passed 6-22-2021; Ord. 2207-06, passed 7-5-2022) Penalty, see § 154.999
Cross-reference:
   Operation of medical cannabis facilities, see § 111.02
   Permitting and licensing of medical cannabis establishments, see § 111.03