[Adopted 9-20-2005 by Ord. No. 244-05]
As used in this article, the following terms shall have the meanings
indicated:
FARM
Shall include any parcel or contiguous parcels of land, or water
bodies used for the primary purpose of commercial agriculture, or accessory
thereto.
FARMING or AGRICULTURE
Or their derivatives:
A.
Shall include, but not be limited to the following:
(1)
Farming in all its branches and the cultivation and tillage of the soil.
(3)
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities.
(4)
Growing and harvesting of forest products upon forest land, and any
other forestry or lumbering operations.
(5)
Raising of livestock including horses.
(6)
Keeping of horses as a commercial enterprise; and keeping and raising
of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and
camelids (such as llamas and camels), and other domesticated animals for food
and other agricultural purposes, including bees and fur-bearing animals.
B.
"Farming" shall encompass activities including, but not limited to,
the following:
(1)
Operation and transportation of slow-moving farm equipment over roads
within the City;
(2)
Control of pests, including, but not limited to, insects, weeds, predators
and disease organisms of plants and animals;
(3)
Application of manure, fertilizers and pesticides;
(4)
Conducting agriculture-related educational and farm-based recreational
activities, including agritourism, provided that the activities are related
to marketing the agricultural output or services of the farm;
(5)
Processing and packaging of the agricultural output of the farm and
the operation of a farmer's market or farm stand including signage thereto;
(6)
Maintenance, repair, or storage of seasonal equipment, or apparatus
owned or leased by the farm owner or manager used expressly for the purpose
of propagation, processing, management, or sale of the agricultural products;
and
(7)
On-farm relocation of earth and the clearing of ground for farming operations.
The right to farm is hereby recognized to exist within the City of Fitchburg.
The above-described agricultural activities may occur on holidays, weekdays,
and weekends by night or day and shall include the attendant incidental noise,
odors, dust, and fumes associated with normally accepted agricultural practices.
It is hereby determined that whatever impact may be caused to others through
the normal practice of agriculture is more than offset by the benefits of
farming to the neighborhood, community, and society in general. The benefits
and protections of this article are intended to apply exclusively to those
commercial agricultural and farming operations and activities conducted in
accordance with generally accepted agricultural practices. Moreover, nothing
in this Right to Farm article shall be deemed as acquiring any interest in
land, or as imposing any land use regulation, which is properly the subject
of state statute, regulation, or local zoning law.