(A) General purpose. This district is intended to apply to fringe areas of the city which are used for agricultural purposes, and to which urban services are not yet available. These lands shall continue to be used for agricultural purposes until needed for urban purposes in conformity with the orderly growth of the city. It is anticipated that all agriculture zoned areas will eventually be changed to other zoning as the city becomes fully developed; therefore, uses permitted should not be detrimental to future urban land uses. Newly annexed territory will be temporarily zoned agricultural until permanent zoning is established by the City Council, unless other zoning is approved by the City Council at the time of annexation. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.
(1) Temporary zoning. In an area temporarily classified as Agriculture District (A):
(a) No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the Building Official or the City Council as may be required.
(b) No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit that will allow the construction of a building permitted in the Agriculture District (A), unless and until such territory has been classified in a zoning district other than the Agriculture District (A), by the City Council in the manner prescribed by law except as provided in division (c) following.
(c) An application for a permit for any use other than that specified in division (b) above shall be made to the Building Official of the city and the Building Official shall refer the application to the Planning and Zoning Commission for consideration and recommendation to the City Council and the action and recommendation of each body concerning any such permit shall take into consideration the appropriate land use for the area. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.
(B) Permitted uses.
(1) All general and special agricultural, farming, ranching, greenhouses, stables and related accessory buildings, stock and poultry raising, dairy and other related uses so long as such uses do not cause a health hazard by reason of unsanitary conditions, and not offensive by reason of excessive odors, dust, fumes, noise or vibration; and not otherwise detrimental to the public health, safety and welfare;
(2) Single family residential dwellings on a single-platted lot where these dwellings can be adequately served by water wells and septic tanks located on the building lot;
(3) Institutional and community service uses;
(4) Utility uses;
(5) Sand, gravel or earth excavation, sales and storage;
(6) Public buildings, including libraries, schools, churches, museums, auditoriums, police and fire stations, and similar public uses and facilities.
(C) Space regulations. The minimum space regulations shall be:
(1) Front yard - 50 feet.
(2) Side yard - 30 feet.
(3) Rear yard - 20 feet.
(4) Lot size - 1 acre
(5) Building height - 35 feet.
(D) Interpretation.
(1) Distances not specifically indicated on a zoning district map shall be determined by the scale of the map.
(2) When there is a question as to the boundary and zoning of a tract of land, and that question cannot be resolved by the interpretation of the zoning text or the zoning map, the Board of Adjustment shall make that determination.
(E) Additional regulations.
(1) Residences per lot. No more than one primary or principal residential dwelling or structure shall be placed on any single-platted lot.
(2) Metal buildings. No metal building shall be constructed in which the primary or principal use of the building is for residential purposes. Metal buildings may be used as an accessory/ancillary building to a primary residence. For purposes of this section, a
METAL BUILDING
is defined as a building whose exterior walls or any portion thereof, as viewed from the outside, are constructed of wrinkled or flat aluminum, wrinkled or flat steel or any other type of combination of metals, whether coated or not. Any structure that is permitted as a mobile home or residential manufactured home pursuant to this code is exempt from this prohibition.
(3) Manufactured homes, recreational vehicles and nonconforming uses. No person shall park, store, use, or occupy a manufactured home or recreational vehicle as a residential dwelling in the Agriculture District (A), except that a manufactured home may be used as a temporary office or shelter incidental to construction or development of the land on which the manufactured home is located, only during the time construction or development is actually underway. Any manufactured homes or recreational vehicles used or occupied as residential dwellings that are located in the Agriculture District (A) on the effective date of this section shall be allowed to remain as a lawful, nonconforming use, and such use may continue until discontinued, abandoned, or terminated as provided herein. If the nonconforming use is abandoned or discontinued for a period of 30 or more days, any future use of the structure and land or portion thereof shall conform with the provisions of this chapter. If a nonconforming manufactured home or recreational vehicle is not occupied for a period of 30 or more days, said use is deemed to be abandoned by operation of law. If a nonconforming manufactured home or recreational vehicle is destroyed or damaged to an extent greater than 50% of its fair market value by fire, explosion, act of God, or other cause, then any future use of the structure and land on which the manufactured home or recreational vehicle was situated shall conform to the provisions of this chapter. A nonconforming use shall not be enlarged, extended or expanded into any other portion of the land on which the nonconforming mobile home or recreational vehicle is situated. Nothing in this division is intended to prohibit normal repairs and maintenance of a nonconforming manufactured home or recreational vehicle. If a nonconforming manufactured home or recreational vehicle is removed from the parcel of land on which it is situated, any future use of the structure and land on which the manufactured home or recreational vehicle was situated shall conform to the provisions of this chapter. For purposes of this section, RECREATIONAL VEHICLE shall mean a camper, travel trailer, tent, tent trailer, motor home or other vehicle with sleeping accommodations.
(4) Commercial development. Commercial buildings or structures must be involved with agricultural use, including but not limited to:
(a) A business that raises, cares, and/or harvests trees, plants, animals, minerals, and/or crops;
(b) A farm-related business; and
(c) Community services that meet the needs of the community.
(5) Multi-family residential buildings. No multi-family residential buildings or structures shall be permitted in the Agriculture District (A).
(6) Other nonconforming uses. All other nonconforming uses, except manufactured homes and recreational vehicles, of buildings, structures and/or land, including business establishments within the Agriculture District (A) shall comply with the provisions of § 156.064 of this code for such nonconforming uses. No existing nonconforming uses shall in any way be expanded, extended, enlarged, reconstructed, altered or otherwise improved unless its use is changed to a use permitted within the Agriculture District (A). If any such nonconforming use is discontinued or changed in any way, any future use of buildings, structures and/or land shall be in conformity with all regulations, including zoning, pertaining to the Agriculture District (A).
(Ord. 98-033A, passed 11-10-98; Am. Ord. O-2013-015, passed 8-26-13; Am. Ord. O-2023-005, passed 2-28-23)