§ 5.04.02. Interim Agricultural Uses

A.

It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character.

1.

No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to, converted to, or used for any nonagricultural use or development for at least 10 years after any new clearing of such land.

2.

The inclusion of buildings and structures , other than wells, structures for conservation and drainage protection, and unpaved roads, is strictly prohibited.

3.

The interim agricultural use of the premises which in any way attracts or invites access and use of the general public, or the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited.

B.

The procedures for approval of an interim agricultural use are set forth in Chapter 10. The following criteria apply to all interim agricultural uses :

1.

Interim agricultural uses may be permitted in any zoning district, except the rural agricultural district, for only the following agricultural activities: pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture , and mariculture.

2.

The grant of the interim agricultural use shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare.

3.

Compliance with all elements of the GMP.

4.

Compliance with all environmental regulations as identified in this Code or other County regulations and policies.

5.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

6.

Off-street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district.

7.

Refuse and service areas, with particular reference to the items in subsections 5 and 6 above.

8.

Utilities, with reference to locations, availability, and compatibility .

9.

Screening and buffering with reference to type, dimensions, and character.

10.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district.

11.

Required yards and other open space .

12.

General compatibility with adjacent properties and other properties in the district.

13.

Any special requirements established in Chapter Two for the particular use involved.

14.

Any interim agricultural use shall expire 1 year from the date it was granted, unless extended by action of the BZA. If, by that date, the use for which the interim agricultural use was granted has not been commenced, an interim agricultural use shall automatically expire 2 years after the date of grant and must be reviewed by the BZA in order to be continued. Each subsequent renewal period shall be limited to 2 years and must be reviewed by the BZA at the end of each 2-year period in order to be continued.

C.

A mobile home may be used as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following:

1.

Receipt of a temporary use permit;

2.

Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first;

3.

Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and

4.

The mobile home must be removed at the termination of the permitted period.

D.

Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following:

1.

Receipt of a temporary use permit;

2.

The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like;

3.

The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use ;

4.

The initial temporary use permit may be issued for a maximum of 3 years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities;

5.

The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five (5) acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations; and

6.

A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line.