§ 74-109. Development plans for swine facilities.

(a)

An operator or a prospective operator of a swine facility shall file with the zoning administrator a development plan which indicates the number, size and location of swine structures planned for the subject parcel. When such development plan has been approved by the zoning administrator and during the period in which it remains in effect, the planned structures shall comply only with those setbacks from dwellings and uses existing at the time the development plan is approved. The zoning administrator shall act upon any development plan within 30 days of receipt of the development plan; or if the development plan does not meet the requirements of this article, 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. No building permit for any structure comprising a swine facility shall be issued nor any construction commenced until a development plan is approved by the zoning administrator.

(b)

The development plan shall be based on the requirements of this article and shall be accompanied by a plat verifying the accuracy of the distances shown in the development plan and containing all of the data required by this article.

(c)

The development plan shall remain valid only so long as the structures proposed are constructed in accordance with the development plan and are placed in service as follows: At least one-third of the number of swine subject to this article 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 swine is already in service on the subject parcel at the time the development plan is filed.

(d)

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

(e)

If an operator fails to build the proposed structure or have in place the minimum number of swine required in subsection (c) of this section, the development plan shall be deemed null and void. All future development plans for the structures on the subject parcel shall conform to the requirements of this article.

(f)

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." The location of any such sign shall require the approval of the zoning administrator.

(g)

Nothing contained in this section shall be construed to prohibit an operator or a prospective 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 according to the standards set forth in this article and according to the terms of this chapter in effect at the time the amendments or revisions are submitted to the zoning administrator.

(Ord. No. 11-05, § c, 7-12-2011)

(Ord. No. 11-05, § c, 7-12-2011)