(A) Purpose. The Agriculture Preserve (AP) District is intended to preserve areas for interim or permanent agricultural use; preserve the rural character of outlying areas of the city; to allow a mix of large lot residential development and agriculturally related uses in areas of the city not yet served by public sewer; and to broaden the choice of residential living styles within the city. The AP District is a statutory agriculture district with special tax and assessment benefits.
(B) Permitted uses. Subject to applicable provisions of this chapter, the following are permitted uses in the AP District:
(1) Agricultural use;
(2) Dwelling, single-family detached;
(3) Plant nursery, wholesale;
(4) Recreation, public.
(C) Accessory uses. Subject to applicable provisions of this chapter and M.S. § 473H.17, as it may be amended from time to time, the following permitted accessory uses in the AP District are allowed only when they are accessory to an existing principal permitted use on the same lot. All accessory uses must meet the procedures set forth in and regulated by §§ 153.110 et seq.
(1) Detached accessory structures;
(2) Agricultural business;
(3) Day care facility, unlicensed - serving 6 or fewer persons;
(4) Kennel, private - 3 pets or fewer;
(5) Pasture;
(6) Residential facility, licensed - serving 6 or fewer persons;
(7) Other uses customarily associated with but subordinate to a permitted use as determined by the Planning Commission and City Council;
(8) Amateur radio antenna (subject to the amateur radio antenna standards in § 153.096(II)(9)).
(D) Certificate of compliance. Subject to applicable provision of this chapter and M.S. Ch. 473H, as it may be amended from time to time, the following are uses in the AP District that require approval by a certificate of compliance as set forth herein and regulated by § 153.029.
(1) Principal uses.
(a) Agricultural building.
(2) Accessory uses.
(a) Accessory apartment;
(b) Agriculture building;
(c) Day care facility, licensed, serving 7 to 14 persons;
(d) Dwelling, temporary during construction;
(e) Dwelling, temporary care facility;
(f) Home occupations;
(g) Horse training facilities, private;
(h) Kennel, private - more than 3 pets;
(i) Residential facility, licensed - serving 7 to 10 persons;
(j) Towers (see § 153.096).
(E) Conditional uses. Subject to applicable provisions of this chapter and M.S. § 473H.17, as it may be amended from time to time, the following are conditional uses in the AP District (requires a conditional use permit based upon procedures set forth in and regulated by § 153.034).
(1) Principal uses.
(a) Cemetery;
(b) Essential services, governmental buildings and storage;
(c) Essential services, utility substation;
(d) Garden supply store and nursery yard;
(e) Mining;
(f) Place of worship;
(g) Recreation, commercial;
(h) School;
(i) Tower (see § 153.096);
(j) Yard waste facility.
(2) Accessory uses.
(a) Balloon port, commercial;
(b) Bed and breakfast inn;
(c) Day care facility, licensed - serving more than 14 persons;
(d) Feedlot;
(e) Horse training facilities, commercial;
(f) Kennel, commercial;
(g) Residential facility, licensed - serving more than 10 persons;
(h) Veterinary, large animal.
(3) Other uses similar to those permitted in this section as determined by the Planning Commission and City Council.
(F) Lot size, setback, and height requirements. The following minimum requirements shall be observed in an AP District subject to additional requirements, exceptions, and modifications set forth in this chapter.
(1) Minimum lot requirements.
(a) Lot area: 40 acres.
(b) Lot width: 300 feet.
(2) Setbacks.
(a) Principal structure.
1. Front yard:
a. Arterial, as designated in the Comprehensive Plan: 75 feet from the right-of-way line, or 150 feet from the centerline of the street, whichever is greater;
b. Collector street: 50 feet from the public right-of-way;
c. Local street: 40 feet from the public right-of-way.
2. Side yard: 20 feet.
3. Side street: same as front yard.
4. Rear yard: 50 feet.
(b) Detached accessory structure.
1. Front yard: must meet principal building setbacks; however, if located between the principal structure and a road, a 100 foot setback is required.
2. Side yard: 20 feet.
3. Side street: same as front yard.
4. Rear yard: 50 feet.
(3) Building height. All buildings shall be limited to a maximum height of 35 feet.
(a) Principal structure: maximum height of 3 stories.
(b) Detached accessory structure: maximum height of 2 stories.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 651, passed 3-14-2016)