(A) Intent. The intent of an A Agricultural District is a zone in which land is permitted to be used for raising of crops and pasturing cattle and related activities.
(B) Principal permitted uses.
(1) Agriculture uses; general;
(2) Home occupations;
(3) Irrigation facilities;
(4) Kennel; dog;
(5) Municipal uses;
(6) Public utility facilities;
(7) Single-family dwelling;
(8) Stable;
(9) Tourist information booth; and
(10) Wineries and vineyards;
(11) Golf courses;
(12) Agricultural attractions; and
(13) Agricultural estate dwelling site.
(14) The intent of this division (B) is not to encourage the creation of a large number of agricultural estate dwelling sites (AEDS) but such intent is to allow the “subdivision” or sale, of a portion of a larger tract of land, whereby the smaller parcel created is to be used primarily for dwelling site purposes, upon the following more specific requirements.
(a) The AEDS must consist of one or more of the following:
1. An existing farmstead site (an existing vacant home and accessory unit of buildings) on farm-ranch land;
2. A parcel which would allow a conveyance of property to be used for dwelling purposes; and
3. A parcel of marginal usage land (“marginal usage” defined as “land with little, or relatively little, agricultural productivity capability”).
(b) Each AEDS with frontage on an existing dedicated public road, shall have a minimum width of 150 feet (as a “front lot” width). In the event such AEDS is of an interior-section type, it shall have a dedicated access road, at least 25 feet in width, to a dedicated public road. Access road(s) serving AEDS shall be separated by a distance of no less than 1,000 feet from another access road, along a dedicated public road. Exception: less than 1,000 feet shall be approved by the State Department of Roads or city Development Services Department, whichever is applicable.
(c) Each AEDS shall be a minimum of two acres and a maximum of 20.
(d) For each AEDS, the owner shall reserve the balance of the 80 acres of vacant or agricultural land (such 80 acres may, however, have dwelling permitted by division (B)(11) above). This reservation shall be required (reserved) for as long as the reserved land is zoned A Agricultural District. The City Planning Commission and the City Council may permit the creation of an AEDS out of less than 80 acres of reserved land, in certain situations, in the event that the intent of this subsection is maintained. Each 80-acre tract (or less) shall serve the reservation requirements of only one AEDS.
(e) Each AEDS shall be shaped and located so as to allow accurate plotting on the official zoning map of the city (such as, abutting on lines identifiable as a segment of section, such as a section line or a one-fourth section line, or upon other readily identifiable features). Additionally, each AEDS shall be subject to the provisions for preliminary plat procedure and requirements from Chapter 21 of this code of ordinances.
(f) In reviewing an application for an AEDS, the Planning Commission and the City Council shall take into consideration the effect of such an AEDS upon utilities, roads, drainage, terrain, usage, zoning, future subdividing, and the like. If approved, the AEDS parcel, along with the reserved tract, shall be noted by the Development Services Department, for future reference.
(g) To obtain an AEDS, an application for the same shall be presented by the owner(s) to the city Development Services Department. The application shall be reviewed by the Planning Commission, at a regular meeting of the same, and if approved, referred to the City Council for its approval. If approved by the City Council, there shall then be prepared a “certificate” identifying the AEDS, which certificate shall be filed in the real estate records of the county.
(h) In the event that after approval an AEDS is no longer actually used for a purpose in existence upon such approval (because of which purpose, such approval was given), then the approval granted by the City Council shall automatically be revoked.
(i) Each agricultural estate dwelling site shall be a minimum of two acres for each dwelling, (maximum of two dwellings per site), excluding any and all easements and rights-of-way with a maximum upwards of 20 acres.
(j) Before any final action can be taken, the applicant shall submit a receipt from the County Treasurer’s office showing that all current property taxes have been paid.
(C) Special permit uses.
(1) Accessory single-family dwelling for persons customarily employed or engaged in farming and ranching;
(2) Cemetery;
(3) Church;
(4) Community center (public);
(5) Educational and charitable institutions;
(6) Florist;
(7) Fruit and vegetable stand;
(8) Hospital;
(9) Lodge or club;
(10) Nursery for flowers and plants;
(11) Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone;
(12) Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
(a) The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
(b) No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone to which the tract of land is subject.
(c) The permit shall be subject to revocation by the Commission, if the Commission, subsequent to granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
(d) Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers, and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
(13) Wind energy conversion systems.
(D) Performance standards.
(1) Area and bulk regulations.
Use | Minim um Lot Size (Sq. Ft.) | Minim um Lot Width (Sq. Ft.) | Maxim um Covera ge (%) | Maxim um # of Dwelli ng Units | Setbacks | Side Stre et (Ft.) | Area (Sq. Ft.) | Floor Maxim um Height (Ft.) | ||
Fro nt (Ft.) | Rea r (Ft. ) | Interi or Side (Ft.)
| ||||||||
Garage | 12.5 | |||||||||
Single- family dwelling | 20 | - | 1 | 50 | 50 | 20 | 0 | 75 | ||
Minimum lot area/dwelling unit = 20 acres | ||||||||||
(2) Accessory building/garage; detached.
(a) A detached accessory building must be located at least ten feet from the main building.
(b) On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
(3) Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
(Ord. 4072, passed - -2012; Ord. 4270, passed 1-3-2022)