(A) For the purposes of this section, the term CALENDAR YEAR means the period from January 1 to December 31 inclusive.
(B) The county legislative body shall perform an initial review of any agriculture protection area created under the authority of this chapter in the twentieth calendar year after it is created to determine whether the agriculture protection area should be continued, modified or terminated.
(C) If the County Planning and Zoning Department receives five written complaints from different aggrieved persons within three calendar years immediately preceding the twentieth calendar year after an agriculture protection area or any portion thereof is created or reauthorized, or alternatively the county legislative body determines that after the initial review that the agriculture protection area should be modified or terminated, or within 30 days of land in an agriculture protection area being annexed, then the County Planning and Zoning Department shall, for that agriculture protection area:
(1) Request the Planning Commission and Advisory Board to submit recommendations about whether the agriculture protection area should be continued, modified or terminated;
(2) Schedule the county legislative body to, at least 120 days before the end of the twentieth calendar year, or within 120 days of the applicable annexation, hold a public hearing to discuss whether the agriculture protection area should be continued, modified or terminated;
(3) Give notice of the hearing using the same procedure required by § 154.173;
(4) After the public hearing, the county legislative body shall continue, modify or terminate the agriculture protection area; and
(5) If the county legislative body modifies or terminates the agriculture protection area, the County Planning and Zoning Department shall file an executed document containing the legal description of the agriculture protection area with the County Recorder.
(D) If the county legislative body determines after that initial review that the agricultural protection area should be continued or otherwise fails to affirmatively continue, modify or terminate the agriculture protection area in the twentieth calendar year, within 120 days of an applicable annexation, then the agriculture protection area is considered to be reauthorized for another 20 years. The time required for action is continued provided the county legislative body continues the matter to a date certain, and the legislative body takes action on the matter in the subsequent meeting.
(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)