A. Purpose: It is the intent of this section to provide for a viable non-animal derived food processing industry within appropriately zoned areas of Lyon County, and ensure that food processing operations are properly sited, maintained and managed.
B. Applicability:
1. This section applies to all food processing operations that are commercial in nature and that manufacture, package, label, or store food for human consumption, but does not provide food directly to a consumer, including any establishment that:
a. Cans food;
b. Packages food in packaging with a modified atmosphere;
c. Processes vitamins, food supplements, food additives, spices, tea, coffee, salsa, jelly or jam, honey, condiments or candy.
2. The harvesting and minimal packing of whole produce for sale is not considered food processing. Food processing includes:
a. Washing (as ready to eat);
b. Cutting;
c. Blending or mixing;
d. Drying;
e. Durably packaging and labelling of cut, mixed, blended or dried produce;
f. Other handling and manufacturing processes.
3. Registered Farm-to-Fork operations and cottage food operations are considered to be home based businesses and are exempt from the provisions of this section.
4. Animal derived farm products shall comply with the provisions of this section.
C. Conditional Use Permit: Any person who owns, operates, or proposes to own or operate a small agricultural production/food processing facility as defined herein shall obtain a conditional use permit in compliance with chapter 230 of this title whenever the following occurs:
1. A new small agricultural production/food processing facility exceeding the definition of a home based business is proposed where one does not exist; or
2. An existing home based business operating as a small agricultural production/food processing facility expands beyond the definition of a home based business.
D. Standards For Small Agricultural Production/Food Processing Facilities: Small agricultural production/food processing facilities shall be designed, located, established and operated in full consideration to their proximity to all adjacent uses, their effect upon adjacent and surrounding properties, to the reduction of noise, odor, dust, and other similar nuisance factors, and in accordance with the following standards:
1. Required Minimum Setbacks For New And Expanded Small Agricultural Production/Food Processing Facilities: Setbacks are the distance between the listed structure or use and the nearest point on the perimeter of the small agricultural production/food processing facility.
TABLE 15.336.13-1
SETBACK REQUIREMENTS
AG, NIA, RL And RR-20 Zoning Districts | |
Churches, businesses and Commercially zoned area | 50 feet |
Established residences not including owners/operators | 50 feet |
Federal, State or County road ROW | 50 feet |
Flood Hazard Zones | Prohibited |
Source Water Protection Zones | Prohibited |
2. Modification Of Setback: The setbacks listed in table 15.336.13-1 of this section are minimums, and may be increased under the terms of a CUP based on considerations and characteristics of the neighborhood, including but not limited to adjoining or nearby uses within the same or different districts and prevailing wind direction.
3. Fly, Vector And Odor Control: Small agricultural production/food processing facilities shall dispose of all food waste and wastewater in such a manner as to control odors, flies and other vectors. Solid food waste shall be kept in covered air tight containers and be removed and disposed of at least weekly.
4. Unloading Areas: Unloading areas shall be located at the rear of the facility.
5. Enclosed Building Required For Operations: All operations other than shipping and receiving shall be conducted in an enclosed building.
6. Hours: The hours and days of operation as specified by the commission.
7. Federal And State Licenses: The operator shall maintain all required Federal and State licenses, permits and registrations.
8. Development Standards: All activities shall conform to the standards established for industrial uses in chapter 337 of this title and the Lyon County Design Criteria and Improvement Standards.
9. Additional Conditions: The commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which are reasonable and related to the use being controlled.
10. Traffic Plan: When warranted by a traffic study the commission may require the applicant to provide a Traffic and Roadway Impact Mitigation Plan identifying primary routes for all project-connected traffic, a baseline roadway conditions report, and a roadway maintenance agreement for maintenance of all County maintained roads providing primary access to the small agricultural production/food processing facility.
E. Information Required For Small Agricultural Production/Food Processing Facility Conditional Use Permit Application: Prior to consideration by the commission, the applicant for a conditional use permit for a small agricultural production/food processing facility shall provide the following information to the Director:
1. Owners, managers, management company(ies) or similar entities names, addresses and telephone numbers.
2. Legal description of site.
3. The type of food to be processed and a description of all processing operations.
4. A detailed site plan showing location and dimensions of all structures, improvements, and confinement areas.
5. A Drainage Study/Plan in conformance with current Lyon County Design Criteria and Improvement Standards.
6. Fly, vector and odor control plan.
7. A transportation study and access management plan in conformance with current Lyon County Design Criteria and Improvement Standards. (Ord. 603, 11-1-2018)