Food/Farmer Related Items from the Linn County Comprehensive Plan

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1 Food/Farmer Related Items from the Linn County Comprehensive Plan The goals, objectives, and strategies identified below were created and refined by work groups comprised of Linn County citizens and members of stakeholder organizations. The goals, objectives, and strategies are grouped by their related plan element (Economic Development and Employment Opportunities; Livable Communities; and Resource Protection). Goals and objectives will be implemented using the listed strategies (for more information regarding the implementation of these strategies, please see Section 5: Implementation in the Linn County Comprehensive Plan, Volume 1). Economic Development and Employment Opportunities Goals, Objectives, and Goal 1 Encourage a diverse agricultural economy, including local foods and commodity-based agriculture. Objective 1.1 Promote agriculture as an integral part of the county s economy. Support the creation of a rural economic development initiative. Support institutional local foods purchasing policies. Support the creation of farm marketing programs such as a regional food label or Buy Fresh Buy Local. Objective 1.2 Encourage development and retention of agriculture-related businesses as a valued element of Linn County s economy. Support the recommendations of the Linn County Food Systems Council, as appropriate. (This strategy also supports Livable Communities Objective 2.1 and Resource Protection Objective 2.5.) Provide information on sources of technical assistance to agriculture-related business start-ups. Objective 1.3 Promote activities of the local food system, which include production, processing, aggregation, distribution, and maximum use of by-products. Strategy Through policy and regulation, allow for siting of local food system chain of activities including production, processing, aggregation, and distribution of local foods. Page 1 of 10

2 Goal 2 Seek opportunities to diversify and expand the local employment base by providing a supportive environment for existing and new businesses, as well as entrepreneurial activities. Objective 2.7 Encourage and support recreational, cultural, historic, and agricultural tourism. Provide links for regional agricultural tourism sites on the Linn County website. Through the use of policy and regulation, allow for recreation, cultural, historic, and agricultural tourism. Livable Communities Goals, Objectives, and Goal 1 Protect and enhance the health and safety of all Linn County residents. Objective 1.4 Enhance access to and availability of healthy foods. Enhance accessibility to healthy food choices in the workplace, institutions, and the community. Work with appropriate entities to identify and eliminate food deserts, which are areas with little or no access to healthy food. Support the expansion of community gardens and farmers markets. Goal 2 Maximize resilience through the production and purchase of local and regional products, and the protection of local resources. Objective 2.1 Promote and support expansion of the local food system. Support the recommendations of the Linn County Food Systems Council, as appropriate. (This strategy also supports Economic Development Objective 1.2 and Resource Protection Objective 2.5.) Enable and encourage small and midsize farms, including farms with Community Supported Agriculture (CSA), u-pick, agritourism, on-farm stores, and other sustainable agriculture farm ventures. Research the potential for the development of an agricultural park or local food system business park to support the local food system and new farmer education and mentoring. An agricultural park might include business incubation as well as production, processing, storage, distribution, and retail activities. Page 2 of 10

3 Resource Protection Goals, Objectives, and Goal 2 Encourage the long-term viability of agriculture. Objective 2.1 Protect land best suited to a variety of agricultural practices. Strategy Utilize the Land Evaluation and Site Assessment (LESA) system to retain high-value and high-quality agricultural land, and to direct development away from areas best suited for agriculture. (This strategy also supports Resource Protection Objectives 2.3 and 2.4.) Objective 2.2 Maintain agriculture as an integral part of the county s economy, landscape, and natural resource base. Encourage development and retention of agricultural-related businesses. Support and encourage youth educational programs such as 4-H and Future Farmers of America. Objective 2.3 Discourage non-agricultural uses in the agricultural areas of the county; discourage scattered, leapfrog development. Utilize the LESA system to retain high-value and high-quality agricultural land, and to direct development away from areas best suited for agriculture. (This strategy also supports Resource Protection Objective 2.1 and 2.4.) Utilize the Minimum Levels of Service (MLS) requirements to ensure that adequate public facilities and services are available, or can be provided, to new development. Objective 2.4 Minimize conflicts and incompatibilities between agriculture and other land uses, and limit the circumstances under which farming operations may be deemed a nuisance. Utilize the LESA system to retain high-value and high-quality agricultural land, and to direct development away from areas best suited for agriculture. (This strategy also supports Resource Protection Objective 2.1 and 2.3.) Utilize the Agricultural Land Use Notification form to inform rural residents of the possible impacts associated with rural living. Page 3 of 10

4 Objective 2.5 Support sustainable farming and value-added agriculture initiatives. Support the recommendations of the Linn County Food Systems Council, as appropriate. (This strategy also supports Economic Development Objective 1.2 and Livable Communities Objective 2.1.) Support, through policy and regulation, local food production (such as Community Supported Agriculture) and value-added agriculture operations in close proximity to local markets. Food/Farmer Related Items from the Linn County Unified Development Code (UDC) Excerpted below are sections of Linn County s UDC related to farms, food, and/or agriculture. The full UDC is available on the Linn County website (Chapter 41; select the article links to access in PDF format). ARTICLE 5 GENERAL REGULATIONS Section 2 Agricultural Exemptions: 1. Agricultural use exempt. No regulation or requirement contained in this Ordinance, other than regulations related to land division, shall be construed to apply to land, farm houses, farm barns, farm outbuildings, or other buildings, structures, or erections which are primarily adapted, by reason of nature and area, for use for agricultural purposes, but only while so used. However, regulation or requirements that relate to any structure, building, dam, obstruction, deposit or excavation in or on the flood plains of any river or stream shall apply. 2. Agricultural Areas. All agricultural areas created pursuant to Section 352.6, Code of Iowa, and the activities conducted thereon, are and shall remain exempt from County zoning and building regulations. However, regulation or requirements that relate to any structure, building, dam, obstruction, deposit or excavation in or on the flood plains of any river or stream shall apply. Explanatory notes: Def. Agriculture: The art or science of cultivating the ground, including the harvesting of crops and the rearing and management of livestock. Def. Farm Building: For purposes of applying this ordinance, agricultural building shall include but not be limited to a building, structure or erection used for agricultural purposes as part of an agricultural unit. Iowa Code Section provides for the creation of protected Agricultural Areas. ARTICLE 6 SPECIFIC DEVELOPMENT STANDARDS Section 1 Introductory Provisions 3. Exempted agricultural uses. It is not the intent of this Article to control uses that qualify for the farm exemption contained in Article 5, Section 2, of this Ordinance. Page 4 of 10

5 Section 2 Standards for Agricultural Uses 2. Agriculture - Farm stands. The following standards shall apply to farm stands: Section 5 (a) Maximum size. Farm stand structures shall not exceed a combined total floor area of eight hundred (800) square feet. (b) Sale of goods produced off-site. No more than twenty five percent (25%) of the square footage of the farm stand may be used to stock products produced off the farm on which the farm stand is located. (c) Parking. Off-street parking shall be provided outside the road right-of-way. (d) Setbacks. Farm stand structures and parking areas shall be located at least ten feet (10 ) from any road right-of-way, and at least fifty feet (50 ) from adjoining properties. (e) USR district. A farm stand conforming to the standards in this section shall be allowed in the USR district only on lots of three (3) acres or larger Standards for Retail, Service and Commercial Uses 6. Agricultural sales and service agriculture feed mixing and blending, seed sales and grain handling operations; grain elevators. Uses involving agriculture feed mixing and blending, seed sales and grain handling; and grain elevators, shall meet the following standards: (a) Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use as described in this subsection. (b) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate. (c) Parking. Parking and loading shall meet the standards in Article 5, Section 3, subsection 5. (d) Outdoor storage. Outdoor storage shall be screened from adjacent residences. (e) Setbacks. The minimum required setback for feed or grain storage structures shall be the greater of the required setback for the district or the height of the feed or grain storage structure. (f) Lighting. Any lighting used for outdoor illumination shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor light adjoining property. 7. Agricultural sales and service - Agricultural chemicals, fertilizer, anhydrous ammonia storage and distribution. Uses involving the storage and distribution of agricultural chemicals, agricultural fertilizer or anhydrous ammonia shall meet the following standards: (a) Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use involving the storage and distribution of agricultural chemicals, agricultural fertilizer or anhydrous ammonia. (b) Location. Storage of agricultural chemicals, agricultural fertilizers or anhydrous ammonia shall be located outside of densely populated areas (c) Storage and handling of materials. The storage and handling of agricultural chemicals, fertilizer and anhydrous ammonia shall comply with all federal and state regulations. Page 5 of 10

6 (d) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate. (e) Parking. Parking and loading shall meet the standards in Article 5, Section 3, subsection 5. (f) Outdoor storage. Outdoor storage areas shall be screened from adjacent residences. (g) Setbacks. Anhydrous ammonia containers shall be located outside of buildings other than those especially constructed for this purpose. Containers shall meet the following setbacks: (i) From a main line railroad: 10 feet (ii) From adjacent property boundaries: 50 feet (iii) From a dwelling or water supply well or water body: 100 feet (iv) From an educational institution, hospital, or religious assembly: 1,000 feet Explanatory Note: Def. Agricultural chemicals, fertilizer, anhydrous ammonia storage and distribution: An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production. 8. Agricultural sales and service - Agricultural implement and vehicle sales and service. Uses involving the sales and servicing of agricultural implements and vehicles shall meet the following standards: (h) Major site plan required. A major site plan shall be submitted and reviewed prior to the approval of a use involving the sales and servicing of agricultural implements and vehicles. (i) Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate. (j) Parking. Parking and loading shall meet the standards in Article 5, Section 3, subsection 5. Explanatory Note: Def. Agricultural implement and vehicle sales and service: Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. 10. Agricultural sales and service Farm winery and cider mill. (a) Sale of wine, cider and beer. Retail sale of wine, cider or beer manufactured onsite for offsite and/or onsite consumption is permitted pursuant to meeting the necessary local, State of Iowa and Federal requirements. (b) Onsite consumption of alcoholic beverages. Onsite consumption of alcoholic beverages that are compliant with the State of Iowa Licenses held by the operator is permitted. Alcoholic beverage consumption shall be incidental to the farm winery or cider mill manufacturing operation. (c) Retail sales of supplemental items. Retail sales of items other than wine, cider or beer are permitted if the items are directly related to the wine or cider operation and are incidental to wine, cider or beer manufacturing. Such items may include but are not limited to wine glasses, corkscrews and monogrammed items. Page 6 of 10

7 (d) Food sales. Food sales or consumption that is incidental to wine or cider sales may be served or sold onsite. Any food product prepared onsite or offsite must comply with all State of Iowa and Linn County Public Health Department requirements. (e) Event permit - temporary use. Events held by the winery or facility rentals for events that exceed the maximum number of attendees set by the Conditional Use Permit will require a Temporary Use Permit. The Temporary Use Permit shall be permitted in accordance with Article 5, Section 3, 3 of the Unified Development Code and must be in accordance with State of Iowa alcohol license requirements. (f) Onsite brewery or distillery. Operation of a brewery and/or distillery accessory to a farm winery or cider mill is permitted pursuant to obtaining the necessary State of Iowa permits. (v) All beer and distilled spirit sales and consumption must comply with all local, State of Iowa and Federal requirements. (vi) Brewery and/or distillery production shall be ancillary to farm winery or cider mill manufacturing operation. Explanatory Note: Def. Alcoholic beverage, alcoholic liquor or intoxicating liquor, beer, spirits or wine. As defined by the Code of Iowa Chapter Definitions, or, as subsequently amended. Def. Cider. The fermentation of apple or pear juice yielding an alcoholic or non-alcoholic beverage. Def. Distillery or Brewery. Facilities where liquor or spirits are distilled, beer is brewed or similar alcoholic beverage is manufactured, blended, bottled, or handled. Def. Farm winery or cider mill. A facility in which less than 50,000 gallons per year of wine or cider is manufactured and the farm winery or cider mill must have onsite or contiguous propagated (growth stage) vineyard or orchards of at least two (2) acres. See also Winery Def. Manufacture. For the purposes of this section, manufacture means to distill, rectify, ferment, brew, make, mix, concoct, produce, or process any substance capable of producing a beverage containing more than one-half of one percent of alcohol by volume and includes blending, bottling, or the preparation for sale. Def. Tasting room. A room or portion of room at a brewery, cider mill, distillery, farm winery or winery in which alcoholic beverage is consumed by either sample or sale. Samples and sales shall comply with Iowa Code. Def. Winery. A facility where commercial production of wine is not associated with agriculture/viticulture on the same tract or adjoining tracts, or where commercial production is 50,000 gallons or more per year. See also Farm Winery. ARTICLE 7 ZONING CLASSIFICATIONS, DENSITY, DIMENSIONAL STANDARDS AND ALLOWED USES Section 2 AG Agricultural District 1. Purpose. Agricultural Areas (AA) designated on the land use map are intended to maintain or enhance the viability of agricultural operations in such areas by restricting the proliferation of noncompatible uses and protecting high-value agricultural land, while allowing pockets of infill development in appropriate areas. This is achieved through the design of the LESA system scoring, which awards points sparingly and has a high threshold score for development approval. The Page 7 of 10

8 Agricultural Area goals are also achieved through the UDC zoning density requirement for lots, which generally requires a 35-acre minimum for agriculturally zoned development, and through the Minimum Levels of Service (MLS) standards. For more information concerning how the goals and objectives of the Comprehensive Plan relate to each zoning district refer to Table 7-4 at the end of Article Geographic location. The Agricultural District shall be geographically located in those areas designated Agricultural Areas in the Comprehensive Plan, excluding those areas that are also designated as Critical Natural Resource Areas. 5. Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land allowed in the Agricultural District are only those specified in the use table, Table 7-2. All uses not listed in the use table, Table 7-2, shall be prohibited. Specific permitted, conditional and accessory uses are subject to the requirements in Article Additional requirements. Additional requirements within this Ordinance and other County ordinances apply to development in the Agricultural District. These include, but are not limited to, the general regulations in Article Dimensional standards. Development within the Agricultural District shall be subject to the following minimum dimensional standards: (a) Minimum lot area: (i) Single family dwelling and single family manufactured home - 35 acres (ii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance 2 acres (iii) Single family dwellings and single family manufactured homes in an application that meets the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance and proposes a cluster subdivision 1 acre (iv) Residential parcel split 1 acre (v) Other principal permitted and conditional uses 1 acre or as specified by conditional use permit (vi) No minimum lot area required for utilities, public uses, and communication towers except as otherwise required. (b) Minimum lot width for all uses: 150 feet (c) Minimum setbacks from property or road right-of-way lines for all principal structures: (i) Front yard - 50 feet (ii) Side yard - 10 feet (iii) Corner side yard - 50 feet (iv) Rear yard - 50 feet (d) Maximum height for all principal structures except agricultural buildings, utilities and communication or wind towers: 45 feet (Amended by Ordinance # , Effective October 01, 2006) Page 8 of 10

9 (e) Minimum setbacks from property or road right-of-way lines for all accessory structures: Accessory structure setbacks shall conform to the provisions of Article 5, Section 4, subsection 3. Section 16 Use Table 8. Use table. Table 7-2, below, establishes the permitted, conditional and accessory uses allowed in each zoning district within Linn County. (a) Permitted uses. Uses specified with a P in Table 7-2 shall be permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Ordinance. (b) Conditional uses. Uses specified with a C in Table 7-2 may be allowed as a conditional use in the district or districts where designated, provided that the conditional use complies with all other applicable provisions of this Ordinance. (c) Accessory uses. Uses specified with an A in Table 7-2 shall be permitted in the district or districts where designated, provide that the accessory use complies with all other applicable provisions of this Ordinance, including requirements for the zoning district and specific use standards in Article 6. (d) Prohibited uses. Any use not listed as permitted, conditional or accessory in a district shall be prohibited in that district. (e) Specific development standards. Any use where a specific reference to a Section number (for example ) is indicated in the column headed by stds shall conform to the specific development standards referenced. Specific development standards apply in addition to the general criteria for conditional uses denoted in Article 4, Section 9, and all other applicable provisions. Page 9 of 10

10 Table 7-2 Use Table P=Permitted Use C=Conditional Use A=Accessory Use Use Category Use Type AG RR 1/2/3 VR VM USR Zoning District USR- MF HC GC I CNR MH Agricultural Uses STD AG RR 1/2/3 VR VM USR USR- MF HC GC I CNR MH Agriculture General agriculture Agricultural buildings for general agricultural use Horses and other non-commercial livestock on residential lots P P P P P P P P P P P P P P P P P P P P A A A A A A A Farm stand A A A A A A A Retail, Service & Commercial Uses STD AG RR 1/2/3 VR VM USR USR- MF HC GC I CNR MH Agricultural Sales and Services Agriculture feed mixing and blending, seed sales and grain handling operations P C P P P Agricultural chemicals, fertilizer, or anhydrous ammonia - storage and distribution Agricultural implement and vehicle sales and service C C C P C P P P Agricultural research facility P P Farm winery C C Grain elevators P C P P P Livestock sales P C P P P Page 10 of 10