(A) Purpose. The purpose of the Agricultural Protection District is to implement the following objectives, based on the goals and policies of the County Comprehensive Plan:
(1) Maintain the rural agricultural character of the county;
(2) Maintain active agricultural uses as an integral part of the county’s economy;
(3) Minimize conflicts between agricultural and non-agricultural uses;
(4) Encourage development and retention of agriculturally-related businesses; and
(5) Allow limited residential development in agricultural areas where it does not infringe on high-quality farmland soils or agricultural operations.
(B) Permitted uses.
(1) Agriculture;
(2) Feedlots.
(a) Pursuant to § 6.06(C)(1), new feedlots of 50 animal units or more shall obtain a conditional use permit unless recommendations of the County Feedlot Site Inspection Team are implemented. All sites 3,000 animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
(b) Pursuant to § 6.06(C)(9), new animal feedlots are prohibited from locating 2,640 feet or less from an incorporated municipality, however, new animal feedlots located greater than 2,640 feet and less than or equal to 5,280 feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
(c) Pursuant to § 6.06(E)(4), the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect.
(3) Feed and seed sales;
(4) Forestry, production of woodland products, nurseries, tree farms;
(5) Seasonal produce stands;
(6) Wildlife area, fish hatchery and forest preserve owned or operated by governmental agencies;
(7) Single-family detached dwellings (refer to density and other standards);
(8) Accessory dwelling unit;
(9) Home occupation;
(10) Licensed residential program (up to eight residents);
(11) Highway maintenance shops and yard;
(12) Local governmental agency building or facility, community center;
(13) Parks and public recreation areas;
(14) Railroad right-of-way, but not including railroad yard;
(15) Family daycare;
(16) Group family daycare;
(17) Solar equipment;
(18) Swimming pool, hot tub;
(19) Water-oriented accessory structures (docks, lifts and the like); and
(20) Wind turbine, accessory.
(C) Conditional uses (see Article 4 for accessory uses). Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this ordinance:
(1) Feedlots:
(a) Pursuant to § 6.06(C)(1), new feedlots of 50 animal units or more shall obtain a conditional use permit unless recommendations of the County Feedlot Site Inspection Team are implemented. All sites 3,000 animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
(b) Pursuant to § 6.06(C)(9), new animal feedlots are prohibited from locating 2,640 feet or less from an incorporated municipality, however, new animal feedlots located greater than 2,640 feet and less than or equal to 5,280 feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
(c) Pursuant to § 6.06(E)(4), the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect.
(2) Agricultural chemicals, fertilizer sales;
(3) Agriculturally-oriented business;
(4) Ethanol or biofuel production, commercial;
(5) Grain elevator, grain storage and drying (commercial);
(6) Livestock sales barn and accessory facilities;
(7) Mineral extraction, mining;
(8) Natural resource manufacturing and processing;
(9) Two-family dwelling;
(10) Home occupation;
(11) Temporary worker housing;
(12) Cemetery, memorial garden;
(13) Daycare center;
(14) Religious institution;
(15) Campground;
(16) Golf course, country club, driving range;
(17) Gun or archery range, indoor;
(18) Gun or archery range, outdoor;
(19) Hunting club (private), hunting preserve, hunting shacks;
(20) Organized group camp;
(21) Organized motor sports: ATVs, trucks, tractors or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events);
(22) Paint ball course;
(23) Riding academy, boarding stable;
(24) Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services;
(25) Bed and breakfast;
(26) Veterinary and animal clinic and facilities for the care and/or breeding of animals, including kennel and animal crematorium;
(27) Storage, bulk;
(28) Landfill (sanitary), recycling facility;
(29) Antenna for radio, television and communication facilities;
(30) Essential services, facilities and structures;
(31) Wind farm;
(32) Keeping of animals other than household pets (non-farm);
(33) Kennels, private;
(34)
Other accessory uses and structures that are incidental to the principal use;
(35) Solar farms; and
(36) Trucking company or contractor's yard, as defined in § 8.03, when located at least 500 feet from a residence, other than the owner of the company or contractor's yard.
(D) Density standards. The base density permitted in the A-1 District is one dwelling unit per quarter-quarter section or parcel of record. Dwellings existing at the time of the adoption of this ordinance will be included when determining whether or not a quarter-quarter section is at its maximum density. The density within a quarter-quarter may be increased pursuant to the provisions of § 6.09 (Transfer of development rights (TDR)). Additional uses may be allowed through the conditional use process, which provides for:
(1) One accessory dwelling unit (ADU) per parcel, meeting the standards of § 4.03.
(2) Nonresidential business, institutional or recreational uses as outlined in Table 6-1, meeting the conditional use standards for those uses outlined in Articles 3 and 6.
(E) Dimensional standards. Development within the Agricultural Protection District shall be subject to the following minimum dimensional standards (amended 9-15-2009 and 6-21-2011):
(1) Lot area:
(a) Single-family dwelling, standard lots: one acre minimum of buildable top ground land; maximum of five acres for new residential lots for new lots in major subdivisions as defined herein;
(b) Other principal permitted and conditional uses: three-acre minimum or as specified by conditional use permit; and
(c) No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
(2) Minimum lot width: 100 feet, 75 feet (conservation subdivision).
(3) Minimum setbacks from property or road right-of-way lines, principal structures:
Standard Lots | Conservation Subdivision | |
Front yard | 75 feet | 75 feet |
Side yard | 40 feet (standard lot) | 10 feet (conservation subdivision) |
Rear yard | 40 feet (standard lot) | 10 feet (conservation subdivision) |
(4) Minimum setbacks from property or road right-of-way lines, accessory structures:
(a) Front yard: same as principal structure;
(b) Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height); and
(c) Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height).
(5) Minimum setbacks, windbreaks and trees:
(a) Road right-of-way of less than 100 feet: 20 feet from right-of-way;
(b) Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
(c) From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
(d) Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with and recorded by the County Recorder of Deeds and a copy provided to the Zoning Administrator.
(6) Maximum impervious surface coverage: none.
(7) Setback exception; residential subdivisions. All dwellings and residential accessory structures in residential subdivisions within the A-1 Agriculture Protection District may utilize the LR- Limited Residential setbacks for principal and accessory structures located on the interior lots. Lots located on the perimeter border of the subdivision shall use the setbacks in paragraphs (E)(3) and (E)(4) above.
(F) Residential site inspection team.
(1) The Residential Site Inspection Team (site team) shall consist of the following individuals or a designee from their office or agency:
(a) County Planning and Zoning Administrator;
(b) County Commissioner of the affected district;
(c) County Engineer;
(d) County Environmental Health Director;
(e) County Soil Water Conservation District Manager; and
(f) Township Officer of the affected township.
(2) Jurisdiction. The jurisdiction of the Residential Site Inspection Team shall include all lands in the county, excepting those located within incorporated cities.
(3) Duties. The Residential Site Inspection Team shall be required to conduct a site inspection of any proposed new residential unit that is not located on a platted lot or a lot of record prior to the effective date of this code on July 31, 2009. The County Planning and Zoning Administrator shall establish a meeting date and time for an on-site inspection the proposed development site within 30 days of notification of the owners intent for any new construction on lot not previously platted or lot of record prior as of July 31, 2009. The County Planning and Zoning Administrator shall execute notification to the Residential Site Inspection Team. The County Planning and Zoning Administrator shall, not later than ten days before the site inspection, provide notice by mail of the time and date of the site inspection to each property owner within one-half mile of the proposed new residential unit. A minimum of four Residential Site inspection Team members shall conduct the residential lot inspection.
(a) The Residential Site Inspection Team shall provide to the developer/ owner written recommendations regarding setbacks, location concerns, drainage concerns, potential pollution hazard concerns or the need for vegetative screening or any other technical information deemed necessary. The County Planning and Zoning Administrator shall provide a list in writing of all recommendations of the Site Inspection Team on a document entitled “Residential Site Inspection Team Recommendations”. If during the process of a site inspection, a consensus cannot be obtained, amongst the site team members in attendance regarding the “site team recommendation”, the applicant shall be required to apply for a conditional use permit to allow the construction. The Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect. A copy of this document shall be given to the developer/owner for review. The Residential Site Inspection Team recommendations shall be kept on file in the office of the County Planning and Zoning Office for public inspection and/or reproduction.
(b) To obtain a zoning permit for the construction of any home in the county that is not on a platted lot or parcel of record as defined herein, the following procedures apply: The owner operator will have two options. The developer/owner may either implement all recommendations of the Residential Site Inspection Team as a condition of receiving a zoning permit or choose not to implement the recommendations. Any developer/owner choosing not to comply with all recommendations of the Residential Site Inspection Team shall only be granted a zoning permit for the construction of a new residence after receiving a conditional use permit from the County Board and complying with all other provisions of this ordinance and all conditions set forth in the conditional use permit.
(c) If the developer/owner agrees to follow the site team recommendations, rather than obtain a conditional use permit, the developer/owner shall sign the “County Residential Site Inspection Team Recommendations” document, notarized by a notary public, acknowledging that the developer/owner understands the recommendations and will abide by the recommendations as a condition of being issued a zoning permit for the construction of any residence. Any zoning permit thereafter issued to the developer/owner shall be conditioned upon compliance with all the recommendations of the site team. Any failure to comply with the site team recommendations shall be deemed a violation of this ordinance and the developer/owner shall be subject to any or all of the violation and enforcement procedures of this ordinance.
(d) Any zoning permit must meet the site team recommendations and shall be binding on any future developer/owner of the property.
(e) If a conditional use hearing is required, a copy of the written recommendations of the Residential Site Inspection team shall be submitted for review by the Planning Commission and the Board of Commissioners. The Planning Commission shall hold at least one public hearing on each application for a conditional use permit prior to any final decision of the County Board. Conditional use permit procedures shall be followed as defined in this ordinance.
(f) Following the closing of the public hearing and the formulation of the Planning Commission’s recommendations, the County Planning and Zoning Administrator shall report the findings and recommendations of the Planning Commission to the County Board at their next regularly scheduled meeting. The County Board shall approve, deny or return to the Planning Commission the conditional use permit application.
(G) Additional requirements. Additional requirements within this ordinance and other County ordinances apply to development in the Agricultural Protection District. These include, but are not limited to, the general regulations in Article 4 and 5 and specific development standards in Article 6 of this ordinance.
(Ord. 97, passed 7-21-2009; Ord. 104.1, passed 6-21-2011; Ord. 111, passed 10-1-2013; Ord. 114, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 123, passed 9-20-2016; Ord. 125, passed 7-18-2017; Ord. 146, passed 4-20-2021)