§ 93.023 A AGRICULTURAL DISTRICT.
   (A)   General. The A Agricultural District consists of areas where soil, water, vegetation, and topographical resources generally provide conditions well suited to the raising of crops and domestic animals and reflects those areas where agricultural land uses have traditionally existed. The district is designed to prevent the intrusion of nonagricultural land use and development that would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water resources, soil erosion, and the depletion of natural cover causing excessive runoff of storm water onto and across agricultural and. The district is designed to protect and preserve areas of high agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits.
   (B)   Conditions of use.
      (1)   Lot size.
         (a)   One additional single-family detached dwelling may be so located as a permitted use on the same tract for each additional 40 acres with a minimum of 100 feet between both structures. Addition of any single family detached dwelling in excess of the number above stipulated shall be by rezoning the tract to a residential classification. Any contiguous agricultural tract or lot under single ownership may be subdivided once for the purpose of erecting a single family detached dwelling, in conformance with the subdivision regulations of the county and all supplemental revisions thereof.
         (b)   One additional single-family detached dwelling may be so located as a permitted use on the same tract for each additional 40 acres. Addition of any single-family detached dwelling in excess of the number above stipulated shall be by rezoning the tract to a residential classification. Any contiguous agricultural tract or lot under single ownership may be subdivided once for the purpose of erecting a single-family detached dwelling, in conformance with the subdivision regulations of the county and all supplemental revisions thereof.
      (2)   Setback lines. No primary structure is to be erected within 40 feet of any public roadway, right-of-way line, private roadway easement or any other property boundary line. See § 93.051 for accessory structure requirements.
      (3)   Additional requirements. The applicant should refer to the following sections for additional regulations.
 
Fences
Parking
§§ 93.140 to 93.149
Signs
Slope
 
      (4)   Dwelling standards. Non-urban and non-farm single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
   (C)   Permitted uses.
      (1)   All land used for agricultural purposes that includes the growing of farm crops, truck garden crops, farm animal and poultry husbandry, beekeeping, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land.
      (2)   Grain elevators and storage.
      (3)   (a)   Private lakes, ponds, or other bodies of water including fee fishing and clubhouses, provided that no building, parking lot, or other intense use activity is located closer than 250 feet to any dwelling on another zoning lot. Any private lake, pond, or other body of water must also be a minimum of 250 feet from any dwelling on an adjacent zoning lot that does not have use privileges to the lake or pond.
         (b)   Should a pond be located within 250 feet of any dwelling on another zoning lot a variance shall be required. In addition, the pond shall meet requirements for the construction of retention basins as per the county stormwater ordinance, including but not limited to, review and approval by a licensed professional engineer.
      (4)   Greenhouses, wholesale and retail.
      (5)   Hang-gliding fields, no sales and service.
      (6)   Living quarters for persons employed in agricultural or related activities that are conducted on the premises.
      (7)   Major utility transmission facilities.
      (8)   [Reserved].
      (9)   Parks, forest preserves and recreational areas, when publicly owned and operated.
      (10)   Public service uses including filtration plants, pump stations, water reservoirs, police and fire stations or other governmental uses of the county.
      (11)   Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facility
      (12)   Single-family dwellings, frame construction, on a non-urban lot, non-farm lot, or agricultural farm.
      (13)   Schools, elementary and high, and playgrounds, school bus garages and athletic fields auxiliary thereto.
      (14)   (a)   Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that traffic congestion or hazard would not be created in conjunction with the location or access thereto; and, the sales stand is operated by the farm owner, his or her family, or an employee of the farm.
         (b)   Temporary buildings, not to exceed 100 square feet may be used in lieu of permanent buildings, provided it is built on skids, only used for storage, any electrical service must be located on a separate pole, and the appearance of the building must be in character of an agricultural or residential building and approved by the Zoning Administrator.
      (15)   Large transport trailer. (See § 93.097).
      (16)   T.V. disks.
      (17)   Ultra-light landing strip, no sales or service.
      (18)   Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099)
      (19)   Modular building unit to be used as a permanent residence, provided it meets all of the requirements of the Madison County Building Code for placement. These are to be only modular homes that have received prior approval of the Building and Zoning Committee, and are on file in the office of the Building Department.
      (20)   Single-family dwellings, post-frame/pole barn-style construction, on lots 10 or more acres in size.
      (21)   Churches, rectories, and parish houses (see § 93.077).
      (22)   Personal or commercial storage of equipment, materials, and the like on a lot ten or more acres in size where storage is located in a fully-enclosed structure on the property.
   (D)   A Special uses. (See §§ 93.162, 93.178)
      (1)   Agricultural implement and machinery sales, service and repair.
      (2)   Animal feed, storage, preparation, grinding and mixing-wholesale and retail.
      (3)   Blacksmith or welding shop.
      (4)   Fertilizer sales, bulk storage, mixing of chemicals, seed and other agriculture related products.
      (5)   Animal hospitals, provided that adequate safeguards, structural, mechanical and location shall be provided to protect adjacent properties from the effects of noisome or injurious substances, conditions, and operations.
      (6)   Excavation contracting on a lot that is at least five acres.
      (7)   Livestock depots and sales yards.
      (8)   Milk depots.
      (9)   Milk processing and distribution including pasteurizing and manufacture of ice cream including the processing or manufacture of cheese.
      (10)   Airports or aircraft landing fields.
      (11)   Carnivals, circuses and similar amusement enterprises.
      (12)   Cemeteries, including crematories, mausoleums in conjunction therewith.
      (13)   Colleges and universities, including dormitories, fraternities, sororities, and other accessory buildings and structures or trade school.
      (14)   Explosives of any kind.
      (15)   Golf courses, regulation size, but not including “par 3" golf courses, commercially operated driving ranges or miniature golf course; and provided that no club houses or accessory building shall be located nearer that 500 feet to any dwelling on another zoning lot.
      (16)   Gun clubs, with or without indoor or outdoor ranges, if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site. This includes facilities offering and providing conceal and carry lessons and firearm safety classes.
      (17)   Kennels, pet grooming, and pet training.
      (18)   Mining, loading and hauling of coal, sand, gravel, topsoil, or other aggregate or minerals, including equipment, buildings or structures for screening, crushing, mixing, washing or storage, provided that:
         (a)   No open pit or shaft is less than 500 feet from an existing residence or Residence District established by this zoning code; and
         (b)   All buildings or structures for screening, crushing, washing, mixing, or storage are located not less than 1,000 feet from an existing residence or any Residence District established by this zoning code.
      (19)   Mobile home in compliance with § 93.101
      (20)   Overnight campgrounds.
      (21)   Passenger depots.
      (22)   Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.
      (23)   Private recreational areas or camps.
      (24)   Propane and fuel oil sales.
      (25)   Railroad classification yards.
      (26)   Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children. (See §§ 93.084 and 93.089.)
      (27)   Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, and the like.
      (28)   Sanitary and natural material landfills to include any combustible or noncombustible materials.
      (29)   Winery with tasting room.
      (30)   Travel trailer parks.
      (31)   Landscaping services.
      (32)   Wind turbines no larger than 150 feet in height. Minimum setback shall be 100% of the turbine height or 50 feet from all property lines, whichever distance is greater.
      (33)   Rock concerts, beer blasts or any other similar activity when operated on an individual's property.
      (34)   Type “B” home occupations in accordance with § 93.083.
      (35)   Bed and Breakfast Inn.
      (36)   Antique Shop.
      (37)   Riding academy and public stables.
      (38)   Reception venue in compliance with § 93.103.
      (39)   Agritourism operations in compliance with § 93.105.
      (40)   Community solar (see § 93.106).
      (41)   Single-family dwellings, post-frame/pole barn-style construction, on lots 2.0 - 9.99 acres in size.
      (42)   Single-family dwellings, storage container-style construction.
      (43)   Accessory dwelling units on lots at least two acres in size, where the dwelling unit located within an accessory structure is a maximum of 1,000 square feet. Only permitted on public sewers or an approved private sewage system, and the sewer system of the accessory structure dwelling unit may be combined or connected with the principal dwelling structure's sewer system subject to inspection and approval by all necessary entities including, but not limited to, the Building and Zoning Department. Accessory dwelling units may be equipped with a full kitchen subject to compliance with all applicable codes, regulations, and laws and subject to inspection and approval by all necessary entities including, but not limited to, the Building and Zoning Department.
      (44)   Personal or commercial storage of equipment, materials, and the like on a lot 5.0 - 9.99 acres in size where storage is located in a fully-enclosed structure on the property.
   (E)   Permitted accessory uses. (See § 93.051, § 93.052). Accessory uses clearly associated with and supplementary to the principal uses of the lot or tract of land, including the following:
      (1)   Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers, and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front driveway at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied, and parked in an orderly and organized fashion.
      (2)   Construction: Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall this office be continued beyond the duration of construction of the project or one year.
      (3)   Horses: Keeping of horses for private purposes only, and not for rent or hire on a zoning lot whose principal use is intended to be a one-family dwelling provided that at least one acre is allocated for each animal, that all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district, and that the buildings are located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater.
      (4)   Pets: The keeping of not more than four domesticated animals over the age of four months on the premises provided, however, that not more than three domesticated animals over the age of four months be kept on a non-urban, residential tract of land of five acres or less.
      (5)   Private: Greenhouses, tool sheds, garages, or carports, tennis courts, patios, swimming pools.
      (6)   Vegetable gardens.
      (7)   Permitted signs.
      (8)   Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
      (9)   Type “A” home occupations in accordance with § 93.083.
      (10)   Agricultural uses on non- urban tracts of land, where the principal use on the property is intended to be a single-family dwelling. Provided the use is operated with sound agricultural practices and does not create nuisance, on lots two to five acres, not more than five colonies of domestic honeybees are allowed. On lots over five acres, not more than two colonies of domestic honeybees are allowed per acre; one livestock, including horses (kept for private purposes only, not for paid lessons, rent, or hire), cattle, sheep, goats, pigs, or similar animals, is allowed per acre; and not more than six fowl, including chickens, ducks, or similar animals, are allowed per acre on lots less than two acres. Not more than ten fowl, including chickens, ducks, or similar animals, are allowed per acre on land with two or more acres. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot or 50 feet from the nearest lot line, whichever is greater. All grazing areas must be fenced in accordance with this code. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance. See § 93.100.
      (11)   Beekeeping in accordance with § 93.100.
      (12)   Domestic farm animals on non-urban, residential tracts of land in accordance with § 93.100.
      (13)   Vehicle repair, hobby or personal (see § 93.081).
      (14)   Solar panels.
   (F)   Prohibited uses.
      (1)   Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or, is not in running condition; or is in such a condition that it is inoperable on public streets shall not be permitted.
      (2)   Junk yards.
      (3)   Junk and debris, outdoor storage of goods and materials.
      (4)   Manufacturing.
      (5)   Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2014-15, passed 11-19-14; Ord. 2015-06, passed 8-17-2015; Ord. 2016-02, passed 2-16-2016; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)