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HomeMy WebLinkAboutOrdinance 502.26 Agricultural District ORDINANCE 502 – ZONING ORDINANCE Section 502.26: AGRICULTURAL DISTRICT Subd. 1: Intent. To establish and preserve areas within the City for the continuation of viable agricultural operations; and to provide for very low density residential development for those persons desiring a rural life-style. To preserve areas which due to natural features, limited roads and proximity to available services are best suited to limited development as determined by the policies of the City Council. Subd. 2: Permitted Uses. a) General farming as defined by this Ordinance. b) Single family residences as defined, provided they meet the requirements of this section. c) Commercial outdoor recreational area, including golf courses, club houses and swimming pools. d) Roadside stands for sale of excess garden produce provided they meet requirements of this Ordinance. e) Public parks, recreational areas, environmental study areas and game refuges. f) Nurseries and tree farms. Subd. 3: Uses Under Special Use Permit. The following uses require a Special Use Permit as regulated in this Ordinance. a) Governmental and public utility buildings and structures. b) Facilities for retail or wholesale trade connected with nursery and tree farms. c) Kennels, animal hospitals, stables, etc., provided that: 1. Such uses are adequately screened from abutting residential uses; 2. Any structure, not including pens or corrals, in which animals are temporarily or permanently kept is located at least 100 feet from any lot line; and 3. Animals shall be kept in enclosed pens or corrals of sufficient height and strength to retain such animals. 502.26-1 ORDINANCE 502 – ZONING ORDINANCE d) Institutions of a religious eleemosynary or philanthropic nature. e) Churches, religious or charitable purposes. f) Public and Private schools, provided that the area and location of any school and off-street parking shall be subject to the review and approval of the Planning Commission. g) Planned Unit Residential Development. Subd. 4: Interim Uses. The following uses require an Interim Use Permit as regulated in this ordinance as: a) Mining, and extraction of minerals and dirt, per section 502.17 of this Ordinance. b) Portable asphalt mixing plants within extractive uses. The interim use permit issues shall include, but is not limited to, the following conditions: provisions for adherence to pollution control standards, hours of operation, setbacks, haul roads, areas where the plant is to be located and slopes. The interim use permit required for portable asphalt mixing plants is in addition to the interim use permit required for the operation of the mining/extractive use. Subd. 5: Permitted Accessory Uses. a) Operation and storage of vehicles, machinery and equipment which is incidental to permitted or special uses allowed in this district. b)Living quarters for person employed on the premises. c) Home occupations per Section 502.16. Subd. 6: Lot Area Requirements. a) Minimum area 10 acres - 435,600 square feet. b) Minimum lot width 300 feet at the building setback line, except that if a lot or tract has less area or width than herein provided and was legally platted and was of record at the time of the passage of this Ordinance, that lot may be used for any of the uses permitted by this section. Subd. 7: Setback Requirements. a) Front yard setbacks of not less than 30 feet from all other public right-of-ways, unless: i) 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a 502.26-2 ORDINANCE 502 – ZONING ORDINANCE greater or less depth of front yard in which instance no buildings shall project beyond a straight line drawn between the point closest to the street of the residence upon either side of the proposed structure or, ii) If there be residences upon only one side, then be on the straight line projected from the front of the two nearest residences. iii) This regulation shall not be interpreted to require a front yard of more than 100 feet. b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of the passage of this Ordinance has a width of 75 feet or less, the side yard on each side of a building may be reduced to a width of the lot, but in no instance shall it be less than 5 feet. c) Rear yard setbacks shall be not less than 40 feet in width from each building. Subd. 8: Height Requirements. a) No building hereafter erected or altered shall exceed 3 stories or shall it exceed 40 feet in height, except as hereinafter provided. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard requirement at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. Subd. 9. Site Coverage. No structure or combination of structures shall occupy more than 30% of the lot area. Subd. 10: Sign Regulation. All signs hereafter erected or maintained, except official, public, traffic and street signs shall conform to the provisions of this subdivision and any other ordinance or regulation of the City. Subd. 11: Special and Temporary Signs a) Temporary or portable signs are allowed in any district only by permit. One portable sign will be allowed per strip mall site within the B-2 district. This excludes political or campaign signs. A fee set forth by resolution applies to a permit for temporary or portable signs. b) Maximum Size. The maximum size of sign is sixty-four (64) square feet. 502.26-3 ORDINANCE 502 – ZONING ORDINANCE c) Duration. The duration time of a portable or temporary sign can be located on a property, except as specifically provided where, is limited to forty (40) days in any one calendar year only after application has been approved for location and placement. d) Illuminated Signs. Illuminated temporary or portable signs shall have a recognized seal of approval of listing from Underwriters Laboratories Inc. (UL) or other recognized electrical standard and installed in conformance with the listing or, if more restricted, the National Electrical Code as adopted by the State of Minnesota. e) One Sign Per Parcel. There shall be no more than one portable sign per parcel of property or business. In the event that a parcel of property contains more than one business, not more than two portable signs can be located on the property at one time. f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor sign that is temporary or portable and readily accessible shall be supplied from, and protected by, ground fault circuit interpreters. g) Extension Cords. Extension cords used to supply power to portable or temporary signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the ground to prevent tripping or electrical hazards. h) Subdivision Development Signs. During the development of a new subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the subdivision, not to exceed twelve feet (12’) in height. The sign shall advertise the development and may name the subdivision, subdivision layout, developer, contractors, suppliers, brokers and financial institutions involved. A permit shall be obtained for the placement of such signs and a fee paid as set by Council resolution. Additional signs having a surface area not exceeding four (4) square feet, and a height not exceeding six (6) feet, directing the public and/or identifying models in the subdivision are also permitted. Both types of signs shall be removed when seventy-five (75) percent of the lots are developed or within two (2) years, whichever shall occur first. Such signs shall not be illuminated. i) Anchors. Anchors for portable or temporary signs shall be subject to approve by the Building Inspector and maintained to prevent displacement or tipping over during high winds. j) Real Estate Signs. Real Estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. k) Campaign Signs. Campaign signs are permitted in all zoning districts and are subject to the following regulations: 502.26-4 ORDINANCE 502 – ZONING ORDINANCE 1. Campaign signs must be posted by a bona fide candidate for political office or by a person or group promoting a political office or by a person or group promoting a political issue or a political candidate. 2. Campaign signs cannot be placed on public or school property. 3. Any bona fide candidate for political office or a person or group promoting a political issue shall obtain a registration from the City Administrator/Clerk for the purpose of obtaining rules pertaining to campaign signs. 4. A campaign sign shall be permitted for a period of not more than 60 days before the date of the election to which the sign relates. 5. If the sign relates to an office which is the subject of a primary election, it may be retained in place after the primary election if it relates to the next ensuing election. 6. Campaign signs shall be removed within seven (7) days following the date of the election to which they relate. 7. Campaign signs shall be set back a minimum distance of not less than fifteen (15) feet from the curbline. No sign shall be on the public right-of- way. 8. Campaign signs in violation of this subsection shall be immediately removed by the City. Subd. 12: Sign Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Subd. 13: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. Subd. 14: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. 502.26-5 ORDINANCE 502 – ZONING ORDINANCE b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 502.26-6