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Albertville City Zoning Code

CHAPTER 3100

A-1 AGRICULTURAL RURAL DISTRICT

3100.1: PURPOSE:

The A-1 Agricultural Rural District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for low density residential, open space and/or agricultural uses, prevent rapid urbanization and provide economy in public expenditures for public utilities and service. (Ord. 1988-12, 12-19-1988)

3100.2: PERMITTED USES:

The following are permitted uses in an A-1 District:
Essential services.
Farming and agricultural activities, plus related buildings and structures, subject to Minnesota pollution control standards, but not including commercial feedlots or other commercial operations.
Nurseries, greenhouses, tree farms and landscape material operations, provided no retail sales are conducted on the site.
Public parks, playgrounds, recreational areas, wildlife areas and game refuges.
Single-family dwellings.
Stands for the sale of agricultural products, provided said products are raised on the premises. (Ord. 1988-12, 12-19-1988)

3100.3: ACCESSORY USES:

The following are permitted accessory uses in an A-1 District:
Buildings and structures for the keeping of animals and storage of related equipment pursuant to section 1000.4 of this ordinance.
Home occupations as regulated by chapter 1600 of this ordinance. This includes State licensed daycare facilities serving fourteen (14) or fewer persons in a single-family dwelling provided they comply with the performance standards outlined in subsections 1600.4A and B of this ordinance.
Living quarters of persons employed on the premises.
Noncommercial greenhouses and conservatories.
Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in the A-1 District.
Private garages, parking spaces and carports for licensed and operable passenger cars and trucks.
Recreational vehicles and recreational equipment.
Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.
The boarding or renting of rooms to not more than two (2) persons.
The keeping of animals per chapter 2300 of this ordinance.
Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.
(Ord. 1988-12, 12-19-1988; amd. Ord. 2014-03, 2-3-2014)

3100.4: CONDITIONAL USES:

The following are conditional uses in an A-1 District: (Requires a conditional use permit based upon procedures set forth in and regulated by chapter 400 of this ordinance.)
Animal kennels and animal day care. Subject to the following conditions:
   A.   The facility's minimum size must provide for seventy five (75) square feet per dog and twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal.
   B.   Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility.
   C.   An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be one hundred (100) square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three foot (3') vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer.
   D.   The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the City from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty degrees Fahrenheit (60°F) and eighty degrees Fahrenheit (80°F).
   E.   A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals.
   F.   Wall finish materials below forty eight inches (48") in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six inches (6") high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning.
   G.   Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily.
   H.   The facility must be appropriately licensed per section 6-2-16 of the City Code and all conditions of said section must be satisfied.
   I.   The property owner shall provide the City with at least fourteen (14) days' notice of the animal kennel/day care intention to vacate the premises and allow a City inspection of the premises.
   J.   The facility must provide sufficient, uniformly distributed lighting to the kennel area.
   K.   Veterinary clinics that board ten (10) or fewer animals and pet stores are exempt from this conditional use permit requirement.
   L.   All requirements of chapter 2300 of this ordinance and section 6-2-18 of the City Code are met.
Cemeteries; provided, that:
   A.   The site accesses on a minor arterial.
   B.   The site is landscaped in accordance with section 1000.7 of this ordinance.
   C.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
Commercial riding stables and veterinary clinics with overnight care and similar uses; provided, that:
   A.   Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located a distance of one hundred feet (100') or more from any lot line.
   B.   The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than one hundred feet (100') from a lot line.
   C.   The provisions of Minnesota Pollution Control Agency regulations SW53(2), as may be amended, are complied with.
   D.   All other applicable State and local regulations pertaining to nuisance, health and safety conditions, etc., are complied with.
   E.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
   F.   All requirements of chapter 2300 of this ordinance and section 6-2-18 of the City Code are met.
Farm buildings within three hundred feet (300') of an existing residence or residential platted lot; provided, that the provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
Golf course and country clubs, swimming pools, ice arenas and similar facilities; provided, that:
   A.   The principal use, function or activity is recreational in character.
   B.   Not more than forty percent (40%) of the land area of the site is covered by buildings or structures.
   C.   When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with section 1000.7 of this ordinance.
   D.   The land area of the property containing such use or activity meets the minimum established for the district.
   E.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
Governmental and public related utility buildings and structures necessary for the health, safety and general welfare of the City; provided, that:
   A.   When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with chapter 1000 of this ordinance.
   B.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.
Small cell wireless support structures.
(Ord. 1988-12, 12-19-1988; amd. Ord. 1996-2, 2-12-1996; Ord. 2007-05, 5-21-2007; Ord. 2018-08, 3-5-2018; Ord. 2019-13, 12-16-2019)

3100.5: INTERIM USES:

The following are interim uses in an A-1 District: (Requires an interim use permit based upon procedures set forth in and regulated in Chapter 400 of this chapter).
   Agriculture, Commercial Outdoor Cannabis. Subject to the following conditions:
      A.   Must be licensed by the State of Minnesota as a Cannabis Cultivator and in compliance with the standards set by the Office of Cannabis Management.
      B.   Buffer Required:
         1.   The City of Albertville shall prohibit the operation of a cannabis business within one thousand feet (1,000') of a school.
         2.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a daycare.
         3.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a residential treatment facility.
         4.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of an attraction within a public park that is regularly used by minors including a playground or athletic field.
         5.   Pursuant to Minn. Stat. § 462.357, subd. 1e. nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone C.
      C.   Any area used to cultivate or grow cannabis must meet the setbacks as prescribed in § 3100.5 of this Chapter.
      D.   Any area where cannabis is grown, handled, or packaged shall be completely fenced as required by the Office of Cannabis Management and equipped with an emergency key box.
      E.   No onsite consumption is permitted.
      F.   The use must meet all other A-1 District standards listed in Chapter 3100 of this chapter.
   Agriculture, Commercial Indoor Cannabis. Subject to the following standards:
      A.   Must be licensed by the State of Minnesota as a Cannabis Cultivator and in compliance with the standards set by Minnesota Statutes, Minnesota Rules and the Office of Cannabis Management.
      B.   Buffer Required:
         1.   The City of Albertville shall prohibit the operation of a cannabis business within one thousand feet (1,000') of a school.
         2.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a day care.
         3.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a residential treatment facility.
         4.   The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of an attraction within a public park that is regularly used by minors including a playground or athletic field.
         5.   Pursuant to Minn. Stat. § 462.357, subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone.
      C.   The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
      D.   Any structure shall meet the setbacks as prescribed in § 3100.6 of this Chapter.
      E.   The use must meet all other A-1 District dimensional standards listed in Chapter 3100 of this chapter.
      F.   Indoor cannabis cultivation and growing facilities within the A-1 District must be designed to appear like traditional agricultural structures and must be consistent with the character of the area.
      G.   The facility shall not produce noxious or nuisance causing odors subject to the following conditions:
         1.   The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property.
         2.   Growing a cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities.
         3.   The applicant shall provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility.
         4.   An odor maintenance plan must be submitted to the City and approved by the City.
      H.   All mechanical and odor suppression equipment and trash enclosures must be screened in a manner that protects adjacent properties from visual impacts and noise levels.
      I.   Outdoor storage of containers, pallets, waste/ recycle containers etc. is prohibited.
      J.   Lighting shall meet the requirements of Chapter 1000.10 of this chapter.
         1.   Lighting within a greenhouse is permitted between the hours of four thirty o’clock (4:30) A.M. and ten o’clock (10:00) P.M.
      K.   Noise shall be muffled or otherwise controlled so as not to become a nuisance per Title 5 Chapter 1 of this Code.
      L.   Water and Wastewater:
         1.   Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist the more restrictive of the standards shall apply.
         2.   Water use within the site shall be destined to maximize the amount of water reuse possible.
      M.   No onsite consumption is permitted.
      N.   Off-street Parking requirements shall be met per Chapter 1200 of this chapter.
      O.   Off-street loading requirements shall be met per Chapter 1300 of this chapter.
(Ord. 2024-13, 12-16-2024)

3100.6: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in an A-1 District, subject to additional requirements, exceptions and modifications set forth in this ordinance:
   A.   Lot area: Ten (10) acres.
   B.   Lot width: Three hundred feet (300').
   C.   Setbacks:
      1.   Front yard: One hundred fifty feet (150') from the centerline of the public road or one hundred feet (100') from the property line, whichever is greater.
      2.   Side yard:
         a.   Interior lots: Twenty feet (20').
         b.   Corner lots: Seventy five feet (75') from the property line.
      3.   Rear yard: Fifty feet (50').
(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

3100.7: MAXIMUM BUILDING HEIGHT:

(The height provisions of subsection 1100.3B of this ordinance shall also be considered.)
   A.   Dwelling units or principal buildings: Thirty five feet (35').
   B.   Accessory buildings: As governed by section 1000.4 of this ordinance.
(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

3100.8: MAXIMUM LOT COVERAGE:

No structures or combination of structures may occupy more than ten percent (10%) of the lot area.
(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16- 2024)