CITY OF GRANT

WASHINGTON COUNTY, MINNESOTA

ORDINANCE 2000-88

               AN ORDINANCE AMENDING THE ZONING CODE TO EXPRESSLY PROVIDE

FOR A "RIGHT TO FARM" WITHIN THE CITY OF GRANT.

THE CITY COUNCIL OF THE CITY OF GRANT, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY
ORDAIN AS FOLLOWS:

                    A. That City Zoning Ordinance Section 744, is hereby AMENDED, by adding language to
                    said Ordinance, as follows:

          744.001. Right to Farm..

Grant began, and continues to this day, as a community with a farming history. Grant's citizens prize and cherish
the rural atmosphere that has been maintained. They also recognize that that rural atmosphere cannot be protected
unless the family farm is also protected.

          "Right to Farm" laws are designed to discourage persons from suing farmers on
the basis that a farm operation, even when conducted according to generally accepted agricultural standards, is a
nuisance. These laws help established farmers who use good management practices to prevail in private nuisance
lawsuits.

"Right to Farm" laws also document the importance of farming to the state, or locality (such as the City of Grant),
where they exist. They also help to "put on notice" non-farm residents that generally accepted agricultural
practices are reasonable activities to expect in designated areas.

Finally, "Right to Farm" laws provide farm families, and others who prize the fanning atmosphere, with a
psychological sense of security that farming is a valued and accepted activity in the community.

For all of these reasons, all of the City of Grant is hereby-designated a "Right to Farm" area. Farming operations
are hereby afforded the following property rights in the

                    City of Grant:

                    1 . Farmers shall have the right to farm without unreasonable restrictions, regulations, or
                    harassment. Complaints against the operations of farms shall be considered to be
                    unwarranted and frivolous as long as the farming activities are being conducted according
                    to generally accepted agricultural standards.

                    These farming activities shall include, but not be limited to:

                    a. The right to operate equipment in the fields, on the roads, or on any farm or homestead
                    property, at any time and on any day of the week.

                    b. Farming activities that generate noise and dust. This can be caused in a variety of ways
                    including fieldwork, caring for livestock, harvest, or care and maintenance of the farm.

                    C. The generation of odor from livestock, manure, fertilizer, feed, and farm-related other
                    sources.

          2. Farmers have a right to farm even if development is taking place around them. If the farm was in
          operation before the complaining person moved to the area, the complaining person shall be deemed to
          have "come to the nuisance."

          3. All farming operations that lawfully exist in Grant shall be protected by this Ordinance
 
 

          B. Section 744.06 (2) is hereby REPEALED and REPLACED with the

          following:

          (2) The farm operations are so intensive as to constitute an industrial type use consisting of the
          compounding, processing and packaging of products for wholesale or retail trade and further, that such
          operations may tend to become a permanent industrial type operation. Excessive trucking operations.
          more than are generally associated with a family farm, shall be considered an intensive use.
 
 

C. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication
according to law.

Passed and adopted by the City Council of the City of Grant, Washington County, Minnesota, this ___ day of 2000.

                                                                      Gary Erichson, Mayor

Attest:

Stephanie Marty, City Clerk