§ 62-1917.5. Change of nonconforming agricultural use.  


Latest version.
  • A change of a nonconforming agricultural use to another agricultural use shall meet the following criteria as a conditional use:

    (1)

    On parcels of five acres or more devoted to nonconforming agricultural use, supporting structures of an agricultural nature may be erected. Such structures shall meet all setback requirements of the agricultural zoning classification.

    (2)

    In addition to the general standards contained in section 62-1901(c)(1)b. and c., above, proposed agricultural use may be changed to another agricultural use if it is considered to be a similar use or a less intensive use, as shown below.

    a.

    Type 4 nonconforming agricultural uses are the most intensive uses, and may only be changed to other type 4 agricultural uses, or less intensive type 1, type 2 or type 3 agricultural uses described below. Type 4 agricultural uses are: feed lots, chicken farms and other intense animal husbandry uses; hog farms; pet kennels with outdoor runs; and dude ranches with a minimum area of 40 acres (barns and stables shall be 200 feet from any property line).

    b.

    Type 3 nonconforming agricultural uses may be changed to other type 3 agricultural uses, and less intensive type 1 or type 2 agricultural uses described below. Type 3 agricultural uses are: fowl raising; farmer's market; and pet kennels without outdoor runs.

    c.

    Type 2 nonconforming agricultural uses may be changed to other type 2 agricultural uses, and less intensive type 1 agricultural uses described below. Type 2 agricultural uses are: plant nurseries; landscaping businesses; and horticulture such as row crops, ornamental.

    d.

    Type 1 nonconforming agricultural uses may be changed to other type 1 agricultural uses only. Type 1 agricultural uses are: bee keeping; boarding or horses and horses for hire; groves and orchards; and raising and grazing of animals.

(Ord. No. 96-16, § 71, 3-28-96)