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Hamel City Zoning Code

ARTICLE V

AGRICULTURAL DISTRICTS A - AGRICULTURAL

40-5-1 PURPOSE.

   The purpose of the A - Agricultural district is to provide areas for farms and closely related agricultural uses as well as uses requiring large amounts of land. It is further intended to provide for residential uses on relatively large tracts of land which may accommodate farm related accessory uses such as the breeding, raising and keeping of one or more varieties of animals.

40-5-2 PERMITTED USES.

   The A district is designed to allow considerable latitude in the range of agricultural uses allowed; provided, that the uses are legal and that certain agricultural activities maintain a reasonable setback from adjacent residentially zoned property. The following shall be considered permitted as agricultural uses: horticulture or forestry including crops and tree farming; truck farming; gardening; nursery operation (subject to setback provisions of Article XII); dairy farming; livestock raising; animal and poultry breeding and raising; forestry operation together with the operation of machinery or vehicles. The foregoing does not include the following: stockyards; commercial livestock, poultry or agricultural processing plants. If a particular use is not listed, it is not allowed within the A Agriculture district. Buildings or structures may be erected, altered or used and land may be used for one or more of the following:
   (A)   Single family dwellings
   (B)   Carnivals, circuses and similar transient amusement enterprises that are temporary in nature.
   (C)   Cemeteries and mausoleums in conjunction therewith.
   (D)   Churches and other places of worship subject to provisions of Article XI, but not including funeral chapels or mortuary chapels.
   (E)   Essential services subject to the provisions of Article XI.
   (F)   Fishing lakes or clubs provided that no building, parking lot or other intense use activity is located nearer than five hundred (500) feet to any dwelling or another zoning lot.
   (G)   Golf courses of regulation size, including "Par 3" golf courses or commercially operated driving ranges or miniature golf courses; and provided that no clubhouse, parking lot or accessory building shall be located nearer than five hundred (500) feet to any dwelling unit or another zoning lot.
   (H)   Greenhouses, subject to the provisions of Article XI.
   (I)   Libraries, museums, art galleries, and similar public cultural facilities subject to the provisions of Article XI.
   (J)   Living quarters for persons employed in agricultural or related activities that are conducted on the premises.
   (K)   Parking lots subject to the provisions of Article X.
   (L)   Private clubs, lodges or camps except in instances where chief activity area(s) customarily serves as a business. Note: Private gun club uses see Section 40-5-4. (Ord. No. 2017-11; 12-12-17)
   (M)   Produce stands. (See Section 40-11-31)
   (N)   Public service uses including filtration plants, pump stations, water reservoirs, sewage treatment plant, police and fire stations or other governmental uses subject to the provisions of Article XI.
   (O)   Railroad right of way and trackage, but not including classification yards, terminal facilities or maintenance facilities.
   (P)   Schools and colleges for academic instruction.
   (Q)   Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and the major traffic congestion or hazards would not be created in conjunction with the location or access thereto.

40-5-3 ACCESSORY USES AND STRUCTURES.

   (A)   Accommodations for professional servants, caretakers, watchman or custodians, but not as a separate, detached one-family dwelling on the same lot.
   (B)   Fences, hedges and wall, subject to the provisions of Section 40-11-7.
   (C)   Home occupations, subject to the provisions of Section 40-11-9.
   (D)   Keeping of not more than one unoccupied camp trailer or recreational vehicle, subject to the provisions of Section 40-11-24. Keeping of utility trailers shall be limited to personal use or in direct association with on-site agricultural uses only. (Ord. No. 2017-11; 12-12-17)
   (E)   Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of Section 40-10-1 et seq.
   (F)   Private greenhouses, tool sheds, garages or carports, tennis courts, patios, subject to the provisions of Section 40-11-16.
   (G)   Private swimming pools, subject to the provisions of Section 40-11-22.
   (H)   Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one year, whichever is greater. However, such time limit may be extended for one year by the Zoning Administrator.

40-5-4 SPECIAL PERMITS.

   The following uses may be allowed within the A - Agricultural District subject to the criteria established in Section 40-13-35 et seq. of this Chapter.
   (A)   Airports and airstrips.
   (B)   Any building in excess of thirty-five (35) feet in height.
   (C)   Bed and Breakfast Inns and Boarding Houses. (Ord. No. 2017-11; 12-12-17)
   (D)   Communication towers, subject to the provisions of Section 40-11-8.
   (E)   Correctional institutions.
   (F)   Gun Clubs.
   (G)   Residential group homes, subject to the provisions of Section 40-11-21.

40-5-5 AGRICULTURAL ACTIVITIES REGULATED.

   (A)   Livestock.
   No accessory building used or intended to be used to shelter livestock shall be erected closer than three hundred (300) feet to a dwelling existing on an adjoining lot or nearby lot nor shall it be erected closer than two hundred (200) feet to any residentially zoned property. Fences shall be erected or other means shall be taken to prevent livestock from approaching any spot closer than three hundred (300) feet to any dwelling on an adjoining lot or nearby lot or within two hundred (200) feet of any residentially zoned property.
   (B)   Farm Equipment And Commodities.
   Agricultural equipment or commodities (including, but not limited to, baled crops, fertilizer, pesticides, and herbicides) shall not be stored outdoors closer than two hundred (200) feet from any residentially zoned property. Except, however, that such material may be stored in a building located not less than one hundred (100) feet from any residentially zoned property.

40-5-6 SUPPLEMENTARY REGULATIONS.

   All uses are subject to the applicable provisions of Article XI.

40-5-7 DIMENSIONAL REGULATIONS; DISTRICT A- AGRICULTURE.

   (A)   Lot Standards.
      (1)   Minimum Lot Size:   3 acres
      (2)   Minimum Lot Width:   150'
      (3)   Minimum Lot Depth:   200'
   (B)   Yards.
      (1)   Minimum Front Yard:   25'
      (2)   Minimum Side Yard Abutting a Lot:   10' for either,
      25' total for both
      (3)   Minimum Side Yard Abutting a Street:   25'
      (4)   Minimum Rear Yard:   25'
      (5)   Minimum distance to nearest principal
   building on adjacent lot:   20'
   (C)   Maximum Building Coverage of Lot.      20%
   (D)   Maximum Building Height.      35'
   (E)   Maximum Number of Dwelling Units.      1 per 3 acres
   (F)   Accessory Buildings, detached, if permitted.
      (1)   Maximum Height:    35'
      (2)   Minimum Distance to principal building:    10'
      (3)   Minimum distance to front lot line:    60'
      (4)   Minimum distance to side lot line adjacent to street:    25'
      (5)   Minimum distance to other side lot line:    3'
      (6)   Minimum distance to rear lot line:    3'
   (G)   Parking.      See Article X