A. Description: Land zoned A1 is land for the growing, raising or production of agricultural, horticultural, viticultural and vegetable crops, poultry and poultry products, livestock (including equine), field grains, seeds, hay, apiary and dairy products.
B. Lot Area:
1. In zone A1 no dwelling shall be sold, transferred or built with less than twenty (20) acres of lot area except as provided in subsection C of this section.
2. No residential subdivisions shall be allowed in the A1 zone. (Ord. 51, 9-2-2003)
3. Only one single-family residence allowed per approved lot. (Ord. 70, 11-5-2012)
C. Exceptions: Original parcels that have been in existence prior to April 9, 1979, and have not been subsequently divided since that date may be eligible for up to three (3) 1-acre splits depending upon the size of the original parcel and the number of previous divisions of the parcel. Such one acre divisions shall be allowed on a formula of one division per five (5) acres of the total area of the original parcel not to exceed three (3) divisions of the original parcel creating no more than four (4) lots. If the original parcel has been divided under this allowance after April 9, 1979, and prior to the date of this title into more than one parcel, regardless of size, such division(s) already taken shall count as part of the maximum of three (3) splits allowed on that original parcel per five (5) acres of total area. The size of the one acre split may be increased only through the special use process. It is recommended where possible that splits be clustered and placed upon land considered marginal for agricultural use. (Ord. 51, 9-2-2003; amd. Ord. 70, 11-5-2012)
D. Lands Included: Zone A1 shall include all tracts of land which are being used for agriculture purposes and are not devoted to uses included within classifications A2, C1, C2, D1, and D2, and shall be designated as A1 zones.
E. Nuisance Waiver: Any building permit issued in an A1 zone shall be accompanied by a nuisance waiver informing residents of the agricultural practices and their priority in the area. Such waiver shall state:
No agricultural operation or an appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after the same has been in operation for more than one (1) year, when the operation was not a nuisance at the time the operation began: provided, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any agricultural operations pursuant to a federal or state environmental permit or caused by a violation of the permit(s), terms or conditions, the affected party shall seek enforcement of the terms or conditions.
F. Permitted Uses: The following uses shall be permitted in all A1 zones:
Cultivation, storage and sale of crops, vegetables, fruits, plants, flowers and nursery stock produced on the premises.
Farm and ranch houses, buildings and other structures.
Home business.
Livestock and poultry raising, feeding and sale, but not including CAFOs, kennels and veterinary or animal hospitals.
Single-family dwellings. (Ord. 51, 9-2-2003)
G. Special Uses: The commission may, after notice and public hearing, recommend the following uses to the board. The board shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment:
Agricultural businesses: Agricultural businesses are to be evaluated in terms of their relevance to and need by local agricultural operations; impacts on adjacent agricultural lands in terms of traffic flow, visual and noise pollution, odors and other effects; availability of nearby land already zoned for the proposed business as a permitted use; and other factors. Such uses are allowed when deemed to be other than of an industrial nature wherein, if allowed, the character of the general area would be altered or negatively influenced to the extent that such uses would be better placed in industrial zones. Some agricultural businesses that may be considered include:
Agricultural research facilities.
Farm chemicals sales and storage.
Farm equipment and supply dealers.
Fertilizer processing and distributor facilities.
Food processing facilities.
Gasohol refinery.
Grain handling facilities.
Herbicide and insecticide dealers.
Seed dealers.
Winery; distillers.
Airports, heliports or other aircraft landing fields.
CAFOs.
Cemeteries.
Commercial uses tied to recreation, tourism or neighborhood needs.
Cottage industries.
Daycare facilities.
Emergency services.
Extraction of clay, dirt, gravel, sand, stone, topsoil, and other natural resources and crushing of same.
Fairgrounds.
Farm and ranch houses additional to that which is otherwise permitted, if necessary to house farm laborers for the operation of the ranch or farm.
Gas and oil well development.
Lots, as specified under subsection B of this section, larger than one acre but smaller than twenty (20) acres.
Outdoor gun clubs, rifle ranges, skeet or trap shooting.
Prisons, correctional facilities, detention centers or facilities, secure facilities and facilities of like nature.
Public utilities and public service uses or structures.
Radio and television transmitting stations.
Religious institutions including places of worship and convents.
Research and development centers for experimental or scientific investigation of materials, methods or products.
Roadside stands for agricultural products.
Temporary living quarters, such as that necessary for dependent relatives of the property owner.
Other uses deemed similar to the uses above may be considered under a special use application. (Ord. 51, 9-2-2003; amd. Ord. 67, 2-13-2012)
H. Rezone Requirements:
1. No land zoned A1 may be rezoned to a different use until it can be shown that the land is not prime agricultural land. The county seeks to protect agricultural land. Prime agricultural land shall be defined by:
a. Potential crop productivity.
b. Availability of irrigation.
c. Grazing potential. (Ord. 51, 9-2-2003)
d. Current use of existing farmland will be only one factor in determining whether land is considered prime agricultural.
e. NRCS data will be only one factor in determining whether land is classified as prime agricultural. (Ord. 64, 7-13-2009)
2. Environmental factors such as water quality and availability, septic capacity, soils, flooding potential and other factors affecting development shall be addressed.
3. The applicant applying for rezone shall submit a report as designated by the county addressing these conditions for consideration by the county prior to rezoning of the property. (Ord. 51, 9-2-2003)