(A) Purpose. The standards in this section are established to provide supplemental regulations to address the unique characteristics of certain land uses.
(B) Applicability. The standards in this section apply to the uses listed below within the zoning districts in which they are allowed, whether the uses are permitted or conditional. The standards in this section shall apply in addition to the general criteria for conditional uses in § 3.07, and all other applicable regulations.
(C) Exempted agricultural uses. It is not the intent of this section to control uses that qualify for the farm exemption.
(D) Animal units. Table 6.3 shows the animal unit measures for common agricultural animals.
Table 6.3 Animal Unit Equivalents | |
Animal | Per Animal |
Table 6.3 Animal Unit Equivalents | |
Animal | Per Animal |
One mature dairy cow over 1,000 pounds | 1.4 animal units |
One dairy cow under 1,000 pounds | 1.0 animal units |
One heifer | 0.7 animal units |
One calf (under 500 pounds) | 0.2 animal units |
One slaughter steer or stock cow | 1.0 animal units |
One feeder cattle | 0.7 animal units |
One cow and calf pair | 1.2 animal units |
One swine between 55 and 300 pounds | 0.3 animal units |
One swine over 300 pounds | 0.4 animal units |
One nursery pig under 55 pounds | 0.05 animal units |
One horse | 1.0 animal units |
One sheep or lamb | 0.1 animal units |
One laying hen or broiler (using liquid manure system) | 0.033 animal units |
One chicken over 5 pounds (using dry manure system) | 0.005 animal units |
One chicken under 5 pounds (using dry manure system) | 0.003 animal units |
One turkey over 5 pounds | 0.018 animal units |
One turkey under 5 pounds | 0.005 animal units |
One duck | 0.01 animal units |
One goat | 0.15 animal units |
For any animal not appearing in the above chart, the average weight of the animal divided by 1,000 pounds will determine its AU value. | |
(E) Preservation of farming practices (“right to farm”).
(1) Introduction and intention. It is the declared policy of this county to enhance and encourage agricultural operations within the county.
(a) Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations may be the subject of private nuisance complaints that would result in the cessation or curtailment of operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the county’s agricultural industry as a whole.
(b) It is the purpose and intent of this section to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance.
(c) Agricultural production that complies the requirements of this ordinance shall not be considered by this county as constituting a nuisance.
(d) This ordinance is not to be construed as in any way modifying or abridging the state statutes and rules, rather, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.
(2) Declaration. Agricultural operation is not a nuisance. An agricultural operation, which continues without interruption or change, shall not become a private nuisance if the operation was not a nuisance at its established date of operation. The provisions of this subsection do not apply:
(a) To a condition or injury, which results from the negligent or improper operation of an agricultural operation or from operations contrary to commonly accepted agricultural practices;
(b) To applicable state or local laws, ordinances, rules or permits;
(c) When an agricultural operation causes injury or direct threat or injury to the health or safety of any person; and
(d) To the pollution of, or change in the condition of, waters of the state or the water flow of waters on the lands of any person; to an animal feedlot facility of 1,000 or more animal units.
(F) The County Farmland Preservation Plan. The county’s Farmland Preservation Plan, adopted by the Board of County Commissioners in 1987 shall remain in effect and is hereby incorporated into this code by reference.
(Ord. 97, passed 7-21-2009; Ord. 105, passed 8-2-2011; Ord. 147, passed 8-3-2021)