§ 153.059 AGRICULTURAL (Ag) ZONING DISTRICT.
   (A)   Purpose.
      (1)   The Ag Zoning District is intended to recognize land in the city that is primarily rural in character with the primary land use being farming or agriculture.
      (2)   This district is designated in recognition of the Comprehensive Plan that states the city’s policy to retain prime agricultural land and to encourage the continuance of commercial farming.
      (3)   While non-farm housing is a permitted use as regulated herein, the primary purpose of the district is to preserve and protect land for commercial farming.
   (B)   Permitted uses and structures. The following uses shall be permitted:
      (1)   Single-family residential housing at a density of one dwelling unit per ten acres provided that total acreage divided by ten equals allowed density. All numbers shall be rounded down. Each dwelling unit shall be located on a separately owned parcel which shall be at least five acres in area;
      (2)   The parcel on which a dwelling unit is located shall have at least 300 feet of frontage along an existing, improved public street;
      (3)   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:
         (a)   Local street: 300 feet;
         (b)   Collector street: 300 feet;
         (c)   Minor arterial: 500 feet; and
         (d)   Minimum distance from the intersection of two or more of the above: 100 feet.
      (4)   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;
      (5)   Twenty acres are required to subdivide a property, of which two or more parcels may qualify if 100% of all of the land owners apply; and
      (6)   Other uses as permitted by § 153.053 of this code for the zoning district.
   (C)   Accessory uses and structures. 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 shall be permitted.
   (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)   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; and
      (2)   Those uses listed as being allowed by conditional use permit in the Ag Zoning District in § 153.053.
   (E)   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 conditions set forth in §§ 153.027 and 153.058 of this code.
   (F)   Prohibited uses and structures. All other uses and structures which are not specifically permitted or permitted by conditional use permit shall be prohibited.
   (G)   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 three dwelling units in any quarter-quarter section.
      (2)   Yard requirements. As regulated by § 153.051 of this code.
      (3)   Structure spacing. Non-farm uses shall be separated at least 500 feet from the nearest farm building.
   (H)   Nuisances. In areas where agricultural and nonagricultural uses interface, the nonagricultural developer is to be responsible for any desired screening or fencing that does not interfere with the agricultural use. No condition such as animals, dust, noise or odors shall be considered a nuisance if doing so would inhibit normal agricultural practices and operations unless a condition must be controlled to protect the health and safety of the public.
   (I)   Development of substandard parcels.
      (1)   In areas where the maximum density of three dwelling units for each quarter-quarter section was exceeded at the time the ordinance from which this chapter was derived was adopted, individual lots of record before the adoption of the ordinance that are at least five acres in size, and have at least 300 feet of frontage on an existing, improved public street and have enough soils suitable for the installation of two on-site sewage treatment systems may be developed in accordance with the regulations for the RR Zoning District contained in § 153.051 of this code.
      (2)   Existing dwelling units in areas where the maximum density of three dwelling units for each quarter-quarter section was exceeded prior to the adoption date of the ordinance from which this chapter was derived shall not be considered nonconforming uses and may be altered or otherwise developed in accordance with the regulations for the RR Zoning District contained in § 153.051 of this code.
   (J)   Conservation. Land within the Ag Zoning District shall be farmed and otherwise managed according to sound soil and water conservation management practices.
   (K)   Subdivision. Subdivision of property within the Ag Zoning District shall be subject to the following regulations in addition to the regulations of Ch. 160 of this code.
      (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 20 acres in size shall be approved by the City Council prior to recording 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.
      (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 shall have a minimum buildable area of two and one-half acres.
   (L)   Rezoning. In accordance with the Comprehensive Plan, the City Council shall consider rezoning requests to allow a greater residential density for property within this district only for those properties adjacent to or contiguous with the RR Zoning District.
   (M)   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.
         (b)   Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening.
         (c)   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, 12-140) (Ord. 7-2006, passed 8-15-2006; Ord. 01-2012, passed 1-17-2012) Penalty, see § 153.999