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Otsego City Zoning Code

CHAPTER 51

A-1 AGRICULTURAL-RURAL SERVICE DISTRICT

11-51-1: PURPOSE AND INTENT:

The A-1 Agricultural-Rural Service District is established for the purpose of preserving, promoting, maintaining and enhancing the use of land for commercial agricultural purposes, to prevent scattered and leap frog urbanization and non-farm growth, to protect and preserve natural resource areas, and to stabilize increases in public expenditures for such public services as roads and road maintenance, police and fire protection, and schools. The A-1 Agricultural District is further intended to govern and implement the Rural Service District as established by the Comprehensive Plan. (Prior Code § 20-51-1)

11-51-2: PERMITTED USES:

Subject to applicable provisions of this title, the following are permitted uses in an A-1 District:
   A.   Essential services as regulated by chapter 32 of this title.
   B.   Farms, farmsteads, farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including animal feedlots or other commercial operations.
   C.   Forestry, nurseries, greenhouses, and tree farms, excluding retail sales.
   D.   Hobby farms.
   E.   Personal wireless service antennas located upon a public structure, as regulated by chapter 33 of this title.
   F.   Public parks, playgrounds, recreational uses, wildlife areas and game refuges.
   G.   Residential care facilities serving six (6) or fewer persons.
   H.   Single-family detached dwellings at a density of not more than one dwelling unit per quarter-quarter section located on limited agricultural production land.
   I.   Temporary seasonal stands for the sale of agricultural products restricted to farms as regulated by section 11-25-7 of this title. (Prior Code § 20-51-2; amd. 2018 Code)

11-51-3: INTERIM USES:

Subject to applicable provisions of this title, the following are interim uses in the A-1 District and are governed by chapter 5 of this title:
   A.   Excavation for transport or importation of fill operations of more than fifty (50) cubic yards not related to an approved subdivision or site plan; provided, that:
      1.   The use will be in compliance with the provisions of chapters 23 and 24 of this title and other provisions of this Code.
      2.   The interim use permit shall terminate at a date determined by the City Council to be adequate to allow for completion of the operation based upon:
         a.   The quantity of material to be removed and the plan of operation.
         b.   Compatibility with present and future land uses in the area.
         c.   Compliance with the requirements of this title and conditions specific to the interim use permit approval.
   B.   Extended home business as regulated by chapter 29 of this title.
   C.   Non-farm related seasonal produce sales as a principal use; provided, that:
      1.   Retail produce sales may only be conducted on the subject site between April 1 and October 31 of any given year.
      2.   The sales area devoted to produce not grown on the subject site shall be limited to not more than ten percent (10%) of the gross floor area of the principal use.
      3.   The area devoted to retail sales of nonproduce goods shall be limited to not more than five percent (5%) of the gross floor area of the principal use.
      4.   Municipal sanitary sewer and water service is not presently available to the subject site.
      5.   The use has frontage to an arterial or collector street and direct access from a paved City street.
      6.   Adequate off street parking space and surface is provided and no parking related to such sales occurs on the public right-of- way.
      7.   Signs:
         a.   Are located only on the subject site and are not more than one hundred feet (100') from the point of sale.
         b.   Are limited to no more than two (2) structures totaling not more than sixteen (16) square feet.
         c.   Are erected and removed daily and are not to be displayed at times when the sales operation is closed. (Prior Code § 20-51-3; amd. 2018 Code)

11-51-4: ACCESSORY USES:

Subject to applicable provisions of this title, the following are permitted accessory uses in the A-1 District:
   A.   Fences.
   B.   Home occupations as regulated by chapter 28 of this title.
   C.   In home daycare serving fourteen (14) or fewer persons in a single-family detached dwelling.
   D.   Operation and storage of such vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district.
   E.   Private garages, parking spaces and carports for licensed and operable passenger cars and trucks.
   F.   Private recreational vehicles and equipment.
   G.   Radio and television receiving antennas including single satellite dish TVROs, short wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, Federal licensed amateur radio stations and television receivers, as regulated by chapter 33 of this title.
   H.   Secondary dwelling unit within a detached accessory building shall be allowed subject to approval of an administrative permit pursuant to chapter 8 of this title in compliance with the following performance standards:
      1.   The property shall have a minimum area of five (5) acres or greater.
      2.   The detached accessory building shall be setback not more than one hundred feet (100') from the principal building.
      3.   The detached accessory building shall comply with the area, number of structures, and setback provisions of Section 11-18-2 of this title.
      4.   The area of the secondary dwelling unit shall not exceed the gross floor area of the principal building or not greater than one thousand two hundred (1,200) square feet, whichever is less.
      5.   There shall be a minimum of two hundred forty (240) square feet of area designated within an attached garage or detached accessory building upon the property for off-street parking related to the secondary dwelling unit.
      6.   The principal building and detached accessory building with a secondary dwelling unit shall be served by a single well for potable water and a single subsurface treatment system that complies with Title 9, Chapter 5 of the City Code.
      7.   The property shall have one (1) street address.
      8.   There shall be no more than one (1) secondary dwelling per property.
      9.   A deed restriction shall be recorded with the property to prohibit subdivision by which the detached accessory building with a secondary dwelling unit would be a principal building as defined by Section 11-2-2 of this Title.
   I.   Tool houses, sheds and similar buildings for storage of domestic and farm supplies and noncommercial recreational equipment. (Prior Code § 20-51-4; amd. Ord. 2020-12, 5-24-2021)

11-51-5: CONDITIONAL USES:

Subject to applicable provisions of this title, the following are conditional uses allowed in an A-1 District: (Requires a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title.)
   A.   Cemeteries; provided, that:
      1.   The site accesses on a major collector.
      2.   The site is landscaped in accordance with chapter 19 of this title.
      3.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   B.   Commercial outdoor recreation; provided, that:
      1.   The land upon which such use is to be located is marginal in terms of agricultural production.
      2.   The use will not negatively impact neighboring farming operations or residential uses.
      3.   The potential traffic generated by such use can be adequately accommodated (both volume and weight) upon the City streets serving the property upon which the use is located.
      4.   Adequate, improved off street parking is provided.
      5.   The amount of land devoted to buildings is minimized to the extent possible but in no case shall exceed five percent (5%) of the lot area up to a maximum of four thousand (4,000) square feet.
      6.   An adequate septic system and well can be established on the site and which, if the use is approved, shall be subject to applicable provisions of this Code.
      7.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   C.   Commercial riding stables, dog kennels, animal hospitals with overnight care and similar uses; provided, that:
      1.   The provisions of chapter 27 of this title are considered and determined to be satisfied.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   D.   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City; provided, that:
      1.   When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with chapter 19 of this title.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   E.   Mining, sand and gravel extraction, land reclamation and alteration; provided, that:
      1.   The use will be in compliance with the provisions of chapters 23 and 24 of this title or other applicable provisions of this Code.
      2.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   F.   Personal wireless service towers and antennas not located on a public structure as regulated by chapter 33 of this title.
   G.   Residential lot sizes larger than two and one-half (21/2) acres for lots of record and preliminary platted lots established prior to October 14, 2002; provided, that:
      1.   All other applicable provisions of subsection 11-51-8A of this chapter are met.
      2.   The lot size expansion is the result of:
         a.   Existing buildings occupying an area larger than the lot size minimum.
         b.   The land involved in the subdivision is nontillable and marginal for use in agricultural production.
      3.   In no case shall the lot area exceed ten (10) acres.
      4.   The provisions of subsection 11-4-2F of this title are considered and satisfactorily met.
   H.   Single-family residential development rights may be transferred to property under the same ownership for the purpose of preserving productive farmlands; provided, that:
      1.   All single-family lots resulting from the transfer conform to the minimum standards established for this district with regards to lot area, dimensions, setbacks and frontage on a public road.
      2.   Single-family residential lots are clustered or grouped in a contiguous fashion, except in cases where such clusters may disrupt agricultural activities as determined by the City Council.
      3.   The quarter-quarter section or contiguous forty (40) acres from which the development rights are transferred have frontage on a public road.
      4.   Each quarter-quarter section or contiguous forty (40) acres shall contain no more than one cluster or grouping of single- family residential lots.
      5.   The cluster or grouping of single-family residential lots does not adversely affect the adjacent properties.
      6.   If a quarter-quarter section or contiguous forty (40) acres does not have frontage on a public road, but is part of a larger parcel which does have frontage on a public road, then the residential development rights of said quarter-quarter section or contiguous forty (40) acres may be transferred to the parcel which has public road frontage.
      7.   A deed restriction shall be placed upon the quarter-quarter section or contiguous forty (40) acres from which the development rights have been transferred to prohibit additional development.
      8.   The average density of one dwelling unit per forty (40) acres is maintained over the area affected by the transfer.
      9.   The purpose of allowing such transfers is to preserve productive farmlands, and the Planning Commission shall consider the effects and advisability of the transfer(s) on the environment, the surrounding neighborhood and nearby farm operations during its deliberation.
      10.   The single-family residential lots are capable of accommodating a private well and septic system.
      11.   The division is processed according to the City's subdivision ordinance.
      12.   The provisions of subsection 11-4-2F of this title are considered and are determined to be satisfied. (Prior Code § 20-51-5)

11-51-6: LOT AREA, DENSITY, AND SETBACK REQUIREMENTS:

The following minimum requirements shall be observed in an A-1 District, subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Lot Area, Width And Depth:
 
Lots Of Record And Preliminary Platted Lots Established Prior To October 14, 2002
Lots Of Record After October 14, 2002
Minimum lot area
1 acre
20 acres
Maximum lot area
2.5 acres
None
Minimum lot width
150 feet
450 feet
Minimum lot depth
150 feet
None
 
   B.   Density: Not greater than one dwelling per forty (40) acres.
   C.   Principal Structure Setbacks:
      1.   Front yard:
 
Setbacks From Centerline
Setbacks From
Right-Of-Way Lines
Arterial/major collector street
130 feet
65 feet
Local street
65 feet
35 feet
 
      2.   Side yards:
         a.   Interior: Ten feet (10').
         b.   Corner: As required for the front yard.
      3.   Rear yard:
         a.   Interior: Fifty feet (50').
         b.   Through lot: As required for the front yard.
   D.   Accessory Structure Setbacks: Accessory structure setbacks are as regulated by section 11-18-2 of this title. (Prior Code § 20-51-6)

11-51-7: BUILDING HEIGHT:

The following minimum requirements shall be observed in an A-1 District, subject to additional requirements, exceptions, and modifications set forth in this title:
   A.   The maximum height of all principal buildings shall not exceed two and one-half (21/2) stories or forty five feet (45').
   B.   Accessory structures shall be governed by subsection 11-18-2F of this title. (Prior Code § 20-51-7)

11-51-8: QUARTER-QUARTER RESIDENTIAL DIVISIONS:

In a complete quarter-quarter section which contains no dwellings, one parcel may be subdivided, the division to be used as a residential site; provided, that:
   A.   The division shall conform to all the lot area, density, and setback requirements of section 11-51-6 of this chapter.
   B.   A deed restriction shall be placed upon parcels that have exercised development rights to prohibit additional subdivision, unless it is rezoned.
   C.   The initial quarter-quarter section is under common ownership.
   D.   The division is processed in accordance with the City's subdivision ordinance.
   E.   The site is capable of accommodating a private well and septic system. (Prior Code § 20-51-8)