(A) Purpose. To preserve, promote, maintain and enhance the use of land for agricultural purposes where it is necessary and desirable because of high quality soils, availability of water and/or highly productive agricultural capability and to protect the land from encroachment by nonagricultural uses, structures or activities.
(B) Permitted uses and structures. The following uses shall be permitted by right:
(1) Commercial agricultural and horticulture;
(2) Farm buildings;
(3) Farm drainage and irrigation systems;
(4) Forestry and tree farms;
(5) One farm dwelling on each farm;
(6) Up to three dwelling units on each quarter-quarter section to include at most one farm dwelling and two non-farm dwellings, or three non-farm dwellings provided:
(a) The landowner has enough acres in AP so that the overall density does not exceed the one dwelling unit per quarter-quarter section limitation of the agricultural preserve, and agrees to covenant that the acreage necessary to maintain that density may not be subdivided, or developed with additional dwelling units, until the encumbered acres have been removed from the agricultural preserve, and in conformance with the provisions of § 153.059 of this code;
(b) Each dwelling unit shall be located on a separately owned parcel which shall be at least five acres in size and entirely within one quarter-quarter section;
(d) Each parcel on which a dwelling unit is located must have at least 300 feet of frontage along an existing, improved public street;
(e) The driveway serving the parcel shall be separated from adjacent driveways on the same side of the street by the following distances depending upon street type:
1. Local street: 300 feet;
2. Collector street: 300 feet;
3. Minor arterial: 500 feet; and
4. Minimum distance from the intersection of two or more of the above: 100 feet.
(f) The dwelling shall be set back at least 105 feet from the nearest existing or planned street centerline and be separated at least 500 feet from the nearest farm building.
(7) Historic sites; and
(8) Other uses as permitted by § 153.053 of this code for the zoning district.
(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, and those accessory uses permitted by § 153.053 of this code for the zoning district.
(D) Conditionally permitted uses. The following conditionally permitted uses may be approved by the City Council provided that the provisions and requirements of this chapter are fully met:
(1) Feedlots and poultry facilities;
(2) Home occupations; and
(3) Agricultural service establishments incidental to the principal agricultural use of the property primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including corn shelling, hay bailing, thrashing, sorting, grading and packing of fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; fruit picking; grain cleaning; harvesting and plowing; farm equipment service and repair; veterinary services; and the boarding and training of horses.
(E) Other specially permitted uses. Other uses as allowed by administrative permit by § 153.053, of this code for the zoning district.
(F) Standards for granting conditional use permits. No conditional use permit shall be issued by the City Council unless following review and written findings it determines that the proposed use satisfies the following conditions and the conditions set forth in § 153.027 of this code.
(1) Non-farm structures shall be sited on a separately surveyed and described parcel.
(2) The use shall not be one to which the noise, odor, dust or chemical residues of commercial agriculture may have an adverse impact on or result in the agricultural use being designated a nuisance or trespass.
(3) All agricultural service establishments shall be located at least 300 feet from any driveway affording access to a farm dwelling or field and at least 500 feet from any single-family dwelling.
(4) All agricultural service establishments shall be screened on the perimeter of the establishment by a solid fence, wall or natural vegetation of not less than six feet in height.
(5) An agricultural service establishment shall be incidental and necessary to the conduct of agriculture within the Agricultural Zoning District; and public utility and service structures shall be located and constructed at the places and in a manner that they will not interfere with the conduct of agriculture by limiting or interfering with the access of fields or the effectiveness and efficiency of the farmer and farm equipment including crop spraying aircraft.
(G) Prohibited uses and structures. All other uses and structures which are not specifically permitted by right or by conditional use permit shall be prohibited in the AP Overlay District.
(H) Minimum lot sizes, yard requirements and structure spacings.
(1) Lot size. Five acres with a minimum buildable area of two and one-half acres, not to exceed a density of one dwelling unit for each quarter-quarter section of at least 35 acres.
(2) Yard requirements. As regulated by § 153.053 of this code for A and AP Zoning Districts of this chapter.
(3) Structure spacing. Non-farm uses shall be separated at least 500 feet from the nearest farm building.
(I) Conservation. Land within an agricultural preserve shall be farmed and otherwise managed according to sound soil and water conservation management practices. Management practices which are not sound shall be any use of the land resulting in wind or water erosion in excess of the soil loss tolerance for each soil type as found in the United States Soil Conservation Service, and the state’s technical guide.
(J) Complaint. Upon receipt of a written complaint stating the conditions or land management practices which are believed to be in violation of division (H) above, the City Council shall consult with the County Soil Conservation District. The district shall determine the average soil loss in tons per acre per year for each field cited in the complaint according to the universal soil loss equation and the wind erosion equation, and shall return to the City Council a report showing the average soil loss in tons per acre per year for each field and a list of alternative practices that the landowner can use to reduce the soil loss to the allowed limit mentioned in division (H) above. After consultation, and if in the judgment of the City Council the land is not being managed properly as required herein, the City Council shall adopt a resolution to this effect and shall seek corrective measures from the owner. At the request of the landowner, the district shall assist in the planning, design and application of the practices selected to reduce the soil loss to an acceptable level and shall give landowners a high priority for providing technical and cost share assistance.
(K) Subdivision. Subdivision of property within an AP Overlay District shall be subject to the following regulations in addition to the regulations of Ch. 160.
(1) To the extent feasible, each lot created for a non-farm use shall be located on land not suitable for agricultural use. The land includes areas of nonprime agricultural soils as defined in the Comprehensive Plan, areas with slopes of 13% and greater, areas of heavy natural vegetation and areas unsuitable for agricultural production because of size.
(2) Each lot less than one quarter-quarter section in area created for nonagricultural use shall be approved by the City Council prior to recording of the deed at the County Recorder’s office. No building or zoning use permit shall be issued for any lot created after the adoption date of the ordinance from which this chapter was derived unless the City Council has approved the property description and certificate of survey for the lot.
(3) No lot shall be created that results in a need for the construction of any public or private street or access easement.
(4) Each lot created shall have a minimum buildable area of two and one-half acres. Buildable area shall be defined as land having a slope of 13% or less and enough soils suitable for the installation of two on-site sewage treatment systems.
(5) No lot shall be created that might be adversely affected by adjacent agricultural operations in terms of noise, dust, odors or other activities that might result in the agricultural operation being designated a nuisance or trespass.
(L) Eligibility. To be eligible for agricultural preserve certification, the landowner must submit a rezoning application to the City Administrator requesting that his or her land be zoned at a density of one dwelling unit for each quarter-quarter section and prove the land meets the following criteria.
(1) The land shall be designated as being agricultural on the Comprehensive Plan land use map.
(2) The land comprises 40 or more contiguous acres or a minimum of 35 acres provided the land is a single quarter-quarter parcel and the amount less than 40 acres is due to a public right-of-way or a perturbation in the rectangular survey system resulting in a quarter-quarter section of less than 40 acres; noncontiguous parcels may be included to achieve the minimum acreage requirement provided that each parcel is at least ten acres in size and provided that all separate parcels are farmed together as a unit.
(3) The land comprises not less than 20 acres, is surrounded by eligible land on not less than two sides, consists predominately of class I, II or III soils according to the land capability classification system of the county’s Soil Conservation District, is considered by the City Council to be an essential part of the Agricultural District, and was a parcel of record prior to January 1, 1980, or was an agricultural preserve prior to becoming a separate parcel of at least 20 acres.
(M) Application for rezoning. An application for rezoning shall be processed as regulated by § 153.029 of this code.
(N) Forms. The following forms may be obtained from the Zoning Administrator or City Administrator. An application for agricultural preserve certification shall consist of the following completed forms to be submitted to the City Administrator:
(1) Application for initiating placement of land into a metropolitan agricultural preserve;
(2) Affidavit of authority; and
(3) Metropolitan agricultural preserves restrictive covenant.
(O) Review. The City Administrator shall submit the application for agricultural preserve certification to the Planning Commission for its review and recommendation at its next regularly scheduled meeting following submission of the application to the City Administrator.
(P) Recommendation. The Planning Commission shall review the application and forward a recommendation of certification or denial to the City Council at its next regularly scheduled meeting following the Planning Commission’s meeting at which the review was conducted.
(Q) Granting or denial of certification. The City Council shall either grant or deny the application for certification. If certification is granted, the City Council shall, within five days, submit the original application to the County Recorder for proper recording and copies to:
(1) The County Auditor, County Assessor, County Soil Conservation District; and
(2) The Metropolitan Council.
(R) Fee. The City Council may require an application fee not to exceed $50 to defray administrative costs.
(S) Termination of an agricultural preserve. An agricultural preserve shall continue until either the landowner or the City Council initiates expiration as follows.
(1) A landowner may initiate expiration by submitting a notice initiating expiration of a metropolitan agricultural preserve, available from the City Administrator to the City Council. The applicant may rescind the notice and expiration at any time during the first two years following the notice.
(2) (a) The City Council may initiate expiration by notifying the landowner by registered letter provided the Comprehensive Plan and zoning for the land have been officially amended so that the land is no longer planned and zoned for long-term agriculture, evidenced by a maximum residential density permitting more than one dwelling unit on each quarter-quarter section.
(b) The notice shall describe the property for which the expiration is desired and shall state the date of expiration which shall be at least eight years from the date of the notice.
(c) Upon receipt of the notice provided in this section, or upon notice served by the City Council as provided in this section, the City Council shall notify the County Recorder, County Auditor, County Assessor, County Soil Conservation District and the Metropolitan Council of the date of expiration.
(d) An agricultural preserve shall not expire any sooner than eight years after the date of the notice initiating expiration of a metropolitan agricultural preserve.
(T) Expiration. Expiration of an agricultural preserve initiated by the landowner shall not automatically result in a rezoning of the property to a greater density.
(U) Early termination. Termination of an agricultural preserve earlier than a date derived through application as regulated in this section shall be permitted only if the governor declares a public emergency pursuant to a petition submitted to him or her by either the landowner or the City Council.
(V) Architectural standards for institutional use structures. Institutional use structures shall be of fire-resistive construction, and exterior surfaces of all structures must be faced with brick, stone, architectural concrete (block), precast concrete, EIFS/stucco panels or glass, of earthtones or other tones or colors in harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Commission, acting as the Architectural Standards Committee.
(1) Building design shall be reviewed and evaluated by the Design Review Commission, City Planner and/or Zoning Administrator.
(2) Blank facades without windows and doors are prohibited, with the exception of the side facing away from the public street.
(3) All sides of structures shall have the same quality of architectural treatment.
(4) Variety and creativity in building facade is required through changes in building materials (but not in quality of materials), placement of doors and windows, height and roof lines. Primary facades shall not present a continuous wall without architectural details that add visual interest through articulation, recession or projection.
(5) Topographical features shall be incorporated into the form of the structure when possible, utilizing natural grade.
(6) (a) The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed shall be screened from the ground level view. Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening.
(b) The term GROUND LEVEL VIEW shall be defined as the view of the building from the property line(s) that abuts a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
(7) Rooftop solar collectors, skylights and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views from other sites and structures.
(8) Roof slopes shall not exceed 1:12 for all principal buildings.
(9) Delivery, service, storage, maintenance and trash collection areas shall be located out of view from the public right-of-way or substantially screened through landscaping or architectural features that match the primary structure. Service, storage and trash collection areas are not allowed in setback areas.
(10) All permanent utilities connecting to a building shall be underground.
(Prior Code, § 12-139) (Ord. 01-2012, passed 1-17-2012; Ord. 08-2020, passed 10-20-2020) Penalty, see § 153.999