Subdivisions located in or adjacent to the A-l Prime Agriculture District and the A-2 Agriculture District shall include the following covenant on the plat of the subdivision:
The owner of the herein described real estate platted as , a subdivision, for himself or herself, and for all future owners and occupants of said real estate, or any parcel or subdivision thereof, for and in consideration of the right to develop the real estate for other than agricultural uses, hereby: First, acknowledges and agrees that this subdivision is in or adjacent to an area zoned for agricultural uses, which uses include, but are not limited to, production of crops, animal husbandry, land application of animal waste, the raising, breeding, and sale of livestock and poultry, including confinement feeding operations, use of farm machinery, and sale of farm products; Second, waives any and all objections to any such agricultural uses on any real estate zoned for such uses within two miles of any boundary of this subdivision, whether such uses currently exist, are enlarged, or changed in use in the future to another agricultural use; Third, agrees that such agricultural uses, whether currently existing, or hereafter established, enlarged, or changed, do not constitute a nuisance so long as they are not negligently maintained, do not cause bodily injury to their parties, or directly endanger human health; and Fourth, agrees that this covenant is for the benefit of the Ripley County Area Plan Commission and all persons engaged in agricultural uses within two miles of any boundary of this subdivision and is enforceable by any of the foregoing, together with such other covenants as may be required by Chapter 155 of the code of ordinances. |
(Ord. passed 6-5-1991; Ord. 1997-7, passed 9-8-1997)