(A) (1) Any owner may remove land from an agriculture protection area within the unincorporated part of the county by filing a petition for removal of the land from the agriculture protection area with the County Planning and Zoning Department.
(2) The written petition shall be on a form provided by the County Planning and Zoning Department, which shall:
(a) Contain a legal description of the land proposed to be removed from the agriculture protection area;
(b) Contain a notarized declaration signed by the property owner(s); and
(c) Contain any other information reasonably requested by the Planning and Zoning Department.
(B) (1) The county legislative body hereby designates the County Planning and Zoning Department as the Department who processes applications to remove land from an existing agriculture protection area.
(2) The Planning and Zoning Department shall:
(a) Grant the petition for removal of land from an agriculture protection area even if removal of the land would result in an agriculture protection area of less than the minimum number of acres for the establishment of an agricultural protection area; and
(b) In order to give constructive notice of the removal to all persons who have, may acquire or may seek to acquire an interest in land in or adjacent to the agriculture protection area and the land removed from the agriculture protection area, file a legal description of the revised boundaries of the agriculture protection area with the County Recorder and the Planning Commission.
(C) The remaining land in the agriculture protection area is still an agriculture protection area.
(D) When a municipality annexes any land that is part of an agriculture protection area, the county legislative body shall, within 30 days after the land is annexed, review the feasibility of that land remaining in the agriculture protection area according to the procedures and requirements of § 154.180. The Planning and Zoning Department, in coordination with the County Clerk, shall facilitate the county legislative body conducting its review by noticing any required public meetings, and preparing necessary staff reports to evaluate the feasibility.
(1) If appropriate, the County Planning and Zoning Department shall remove the annexed land from the agriculture protection area.
(2) Appeals of actions of the Planning and Zoning Department applying this section shall be made to the Board of Adjustment.
(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024) Penalty, see § 154.999