§ 98-258. Livestock, dairy or poultry facility development plans.

(a)

In the agricultural A-1 district, an operator or a potential operator shall file with the zoning administrator a development plan which indicates the number, size and location of livestock, dairy or poultry structures planned for the subject parcel, and the type and number of animal units. When such development plan has been approved by and filed with the zoning administrator and during the period in which it remains in effect, the planned structures shall be obliged to meet setbacks only from those dwelling and uses existing at the time the development plan is approved. The zoning administrator shall approve the development plan within 30 days of receipt of the development plan, or if the development plan does not meet the requirements of this section, the zoning administrator shall return the development plan to the person who submitted it, together with a written description of the portions of the development plan that do not comply with this section.

(b)

The development plan shall be based on the requirements of this part and shall be accompanied by a plat or similar documentation verifying the accuracy of the distances shown in the development plan and containing all of the data required as specified pursuant to section 98-257.

(c)

The development plan shall remain in force only so long as the structures proposed are constructed in accordance with the development plan and are placed in service as described in this section.

(d)

At least one-third of the number of head of livestock or dairy animals, subject to this article or one poultry structure indicated in the development plan must be placed into service within 36 months of the date on which the development plan is approved by the zoning administrator, unless at least one-third of the number of livestock, dairy or one such poultry structure is already in service on the subject parcel at the time the development plan is filed.

(e)

The operator shall notify the zoning administrator in writing within 30 days of placement into service of any structure indicated in his development plan.

(f)

If an operator fails to build the proposed structure or have in place the minimum number of head required in subsection (d) of this section or fails to obtain building permits for any of the structures indicated in his development plan within five years, the zoning administrator shall revoke the development plan. All future development plans of the structure on the subject parcel shall conform to the requirements of this part.

(g)

Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance a sign no smaller than two square feet, or larger than four square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "Certified Agricultural Development Site."

(h)

Nothing in this section shall be construed to prohibit an operator or a potential operator from submitting amendments to his original development plan or to submitting revised development plans at any time. The zoning administrator shall approve the amended or revised development plan, following the standards set forth above, according to the terms of the zoning ordinance in effect at the time that the amendments or revisions are submitted to the zoning administrator.

(Code 1999, § 9-90)

(Code 1999, § 9-90)