Within the agriculture district the following uses shall be permitted uses and/or accessory uses [Note–Certification of zoning compliance is required for any structure subject to the State Building Code and any structure or land use specifically requiring an administrative permit, certificate of zoning compliance, conditional use permit or any other type of certification by the Department. The Department may provide certification of zoning compliance for those structures and/or land uses that do not typically require certification when requested by a landowner for his or her own property.]:
(A) Accessory storage structures including sheds, attached and detached garages, detached porches, detached recreational buildings and detached hobby structures: These structures shall be used only by the occupants of the residence for personal storage, hobbies, recreation, entertainment, family uses, private maintenance and repair activities, and for the keeping of animals and appurtenant equipment and supplies, and as otherwise regulated by this chapter. Guest quarters and/or additional dwelling units are strictly prohibited. No products or services shall be offered for sale or pay or similar remuneration except as permitted for a home occupation or as otherwise regulated by this chapter. The following standards apply unless a conditional use permit was issued prior to August 1, 2021 or a variance has been issued allowing for additional square footage:
(1) Parcels of less than one and a half acres – a total square footage of 1,250 square feet is permitted in a combination of a garage and accessory structures. For detached accessory structures, the maximum sidewall height shall be 12 feet and the total height from the average grade shall not exceed 17 feet. The roof and exterior of the structure shall be new material or material with the appearance of new material; the material shall be painted, stained, coated or otherwise finished.
(2) Parcels of one and a half acres or less than or equal to two acres– a total square footage of 2,500 square feet is permitted in a combination of a garage and accessory structures. For detached accessory structures, the maximum sidewall height shall be 12 feet and the total height from the average grade shall not exceed 17 feet. The roof and exterior of the structure shall be new material or material with the appearance of new material; the material shall be painted, stained, coated or otherwise finished.
(3) Parcels greater than two acres and less than or equal to five acres – a total of 4,000 square feet of area is permitted in a combination of garage and accessory structures.
(4) Parcels greater than five acres and less than or equal to ten acres – a total of 5,000 square feet of area is permitted in a combination of a garage and accessory structures.
(5) Parcels greater than ten acres – a total of 7,000 square feet of area is permitted in a combination of a garage and accessory structures.
(6) Existing agricultural structures are not included in the area calculations for the total square footage of accessory structures unless the agricultural buildings (such as a machine shed) are suitable for use as garages or residential accessory structures.
(7) The area calculation for an attached garage shall be made using the outside dimensions (footprint or foundation) of the structure only. The area calculation for a detached structure shall include the gross area for all levels of the building.
(8) Each residential parcel in the county shall be given a personal storage credit of 624 square feet to represent a standard (24 feet by 26 feet) two-car garage. This credit shall not be included in the calculation for personal storage.
(9) The footprint or foundation area of an attached garage shall not exceed 125% of the footprint or foundation area of the related dwelling.
(10) Garages and accessory structures shall meet all locational requirements and shall be constructed in accordance with the Minnesota State Building Code.
(B) Agricultural structures. The structure must be related to the conduct of commercial agricultural activities on parcels of 20 acres or more and must be exempt from the State Building Code. Structures would typically fall into one of the following classes: dairy barn, grain bin, silo, loafing shed, corncrib, farm machinery building, hay barn, and crop handling and processing structures. Applicants must demonstrate a significant agricultural activity that directly correlates to the size and use of the proposed structure. The structures may only be constructed upon the issuance of a certificate of zoning compliance, by the Department or designated individual. Structures related to animal agriculture must be approved by the Feedlot Administrator, or designated individual, prior to the approval of the certificate of zoning compliance.
(C) Home occupations. It is the intent of this division to provide for the operation of a business or profession within the home (including attached garage) or with the home as a base of operations provided that the operation of the home occupation is secondary to the use of the home, land, and any accessory structures for residential purposes. The home occupation shall be conducted principally by the members of the family occupying the dwelling. The following are permitted home occupation uses: offices, professional services, craft or trade, hair styling salon or barber, dog grooming, teaching, tutoring, or counseling, repair and single truck owner operators. All home occupations shall conform to the following standards:
(1) Conduct of the home occupation shall not require alterations to the exterior of the residence or change the residential character thereof;
(2) No more than one employee other than members of the family living on the premises may be employed on the premises or may report to the premises in order to travel to work off the site;
(3) (Reserved);
(4) No outdoor display of goods;
(5) Except for goods or articles produced on the premises, no stock-in-trade shall be sold on the premises;
(6) Any additional need for parking generated by the home occupation shall be met by off-street parking. The parking area shall be limited to three spaces and shall not be located within the actual or prescriptive right-of-way;
(7) All home occupations shall conform to county operational standards;
(8) Should the occupation be a professional service, including hair salons and dog grooming, then clients shall not exceed three at any one time and related incidental supplies (such as, shampoo) shall not be considered stock-in-trade;
(9) Should the home occupation be repair, the items repaired shall be of a size or nature that repair can occur within the home;
(10) No outside storage of business equipment or supplies is permitted;
(11) An accessory structure pursuant to § 152.073(A) or a non-agricultural structure on parcels of 20 acres or more may be utilized in conjunction with the home occupation only for the purpose of holding equipment used off the site and for the storage of goods or articles produced on the premises upon the issuance of a certificate of zoning compliance by the Department, or as otherwise addressed in a conditional use permit or variance;
(12) The home occupation shall not generate sewage of a volume, nature or type that cannot be treated by a certified SSTS;
(13) No more than one vehicle used in the home occupation shall be stored on the site. The vehicle may be stored outside provided an adequate off-street location is available on-site.
(D) Decorative landscaping features provided the item is incidental to the primary use of the property which requires grading, excavating and filling of less than 400 cubic yards of material for one project.
(E) Signs and fences as regulated by the standards of this chapter and Chapter 154 of this code.
(F) Swimming pools, provided the pool is:
(1) Not located under any power line;
(2) Located so that water from the back flushing of a filter or draining the pool is naturally filtered before reaching a stream or lake;
(3) Located so that water from the back flushing of a filter or draining the pool will not flow on neighboring property unless there is written permission from the adjoining property owners and the agreement is recorded.
(G) Buildings, structures or uses temporarily located for purposes of construction on the premises, excluding temporary dwelling units (such as, travel trailers, motor homes), for a period of time not to exceed the time normally necessary for construction.
(H) Roadside stands less than 200 square feet for the sale of horticultural products grown on the premises or grown by the owner on a seasonal basis, provided sufficient off-street parking is available. “Pick your own” sites with an operational area accessed by the public two acres or less in size shall be considered a roadside stand in this section, provided sufficient off-street parking is available and approval from the road authority is received.
(I) Residential equipment and functions unless specifically regulated by this chapter or other ordinances.
(J) Day care and residential facilities: Day care facilities serving ten or fewer persons and residential facilities serving six or fewer persons provided the activity is licensed by the state or other appropriate regulating agency if required and is located in a single-family home.
(K) Backyard composting of waste generated on-site, subject to structure and other applicable setback requirements.
(L) (1) Agricultural structures constructed at least 15 years or more from the current date, may be utilized for the compensated seasonal storage of boats, recreational vehicles, and classic or antique cars on a temporary basis. The storage activity shall be clearly incidental to the principal use of the property. In cases where, because of a subdivision of land occurring prior to the adoption of this provision, an agricultural structure is located on a parcel of land that does not have an existing principal use, a conditional use permit may be applied for to provide for the storage activities provided for herein. The storage of hulks, parts, wrecks or salvage shall not be permitted. Boats or vehicles stored pursuant to this provision shall be complete and functional or need only minor repair. Agricultural structures utilized pursuant to this provision shall remain agricultural in nature. The structure shall not be improved or modified, except for normal maintenance, so as to change its agricultural nature; the structure shall not be increased in size.
(2) Owner of the property shall homestead and occupy the primary residence.
(M) Land application of water treatment facility lime is a permitted agricultural practice provided: the applicator notifies the affected townships, Land Management, and Environmental Services Departments of the amount and locations of the applications; haul routes are specified; a chemical analysis and evidence of state review and approval of the lime for AG land application is submitted; the lime is not stored on the site over the winter months.
(N) The use of land and structures for the production of movies, videos, or similar purposes is permitted provided: the Department and affected townships are notified prior to the beginning of the activity, the property owner, whether public or private, gives permission in writing; if a public road or right- of-way is used (parking included) the road authority gives written permission, appropriate traffic control is provided for by the producer; all other necessary permits are obtained.
(O) Yard and garage sales, not to exceed three per year, are permitted. The continuous display and offering for sale of items acquired from others specifically for resale is prohibited.
(P) Sale of vehicles and equipment. The offering for sale and display of one vehicle or large item (such as, boat, camper, snowmobiles, trailer and agricultural equipment) is permitted. No more than three vehicles or large items may be offered for sale within a calendar year.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)