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Union Grove Township Meeker County
City Zoning Code

ARTICLE 11

- A-1 AGRICULTURAL PRESERVATION DISTRICT

Sec. 11.00.] - Intent.

The intent of the A-1 Agricultural Preservation District is to provide a district whose primary purpose is to:

(1)

Maintain, conserve and enhance agricultural land which has historically been tilled;

(2)

Protect the land from unnecessary urban encroachment and control scattered non-farm development;

(3)

Protect and preserve natural resource areas and retain major areas of natural ground cover for conservation purposes;

(4)

Stabilize increases in public expenditures for public services such as roads, road maintenance, snow removal, schools, police and fire protection.

Sec. 11.01. - Residential density options.

A.

Each full quarter-quarter section or government lot may convey therefrom a parcel of land for the purpose of constructing one single-family dwelling. This shall include a quarter-quarter section or government lot:

(1)

That has a portion conveyed out for township, county, state, or federal right-of-way or essential service facilities; or

(2)

That has a portion conveyed to a governmental unit and there is no dwelling constructed on the conveyed parcel; or

(3)

That has a portion conveyed to a public or private cemetery and there is no dwelling constructed on the conveyed parcel; or

(4)

That has, prior to October 19, 2001, a portion not wider than 70 feet conveyed for the purpose of ingress and egress to an adjoining parcel and there is no dwelling or accessory structure constructed on the conveyed parcel; or

(5)

That has a portion, not more than four acres, conveyed from a full quarter-quarter section or government lot by adverse possession determined by a court of law and said legal document is recorded in the Meeker County Recorder's Office.

B.

Any full quarter-quarter section or government lot (in the A-1 Agricultural Preservation District) which has any portion of said land placed in a permanent conservation easement which precludes construction of a dwelling or which cannot meet the minimum buildable standards to allow for the construction of a dwelling on a property shall be determined not to have a building eligibility for transfer or construction purposes.

C.

No more than four lots may have a dwelling on any quarter-quarter section or government lot unless the property is rezoned and platted residential or platted in the overlay district and remains zoned A-1 according to the provisions of article 19B and meets the provisions of the Meeker County Subdivision Ordinance.

D.

Additional dwellings per quarter-quarter section or government lot may be constructed by using one of the following options:

(1)

The procedures outlined in Meeker County's Transfer of Development Rights, article 12A, which outlines how up to three additional single-family dwellings may be permitted by "transferring" the development "rights" of contiguous undeveloped quarter-quarter sections or government lots.

(2)

A dwelling may be constructed on a lot or tract of land that was transferred from a quarter-quarter section or government lot prior to October 19, 2001, if it is the first recorded transfer. Subsequent transfers are not eligible for this provision.

(3)

Full quarter-quarter sections and government lots may have two additional building rights besides the one building eligibility that each full quarter-quarter section or government lot is given if they can meet the following criteria:

a.

This option shall be used one time only for each tract of land that qualifies.

b.

Each additional building right tract must have an approved conditional use permit.

c.

A maximum of one acre of tillable land (used for any purpose) can be sold with each additional building right.

d.

Each additional building right tract must have a permanently preserved open space easement of five acres of non-tillable land. ISTS systems are permitted on the permanently preserved open space easement area. The balance of the tract may be planted in trees, shrubs and/or bushes or may be utilized for any other use deemed to be reasonable and appropriate in the discretion of the Meeker County Planning Commission during the conditional use permit approval process.

e.

The buildable area and the restricted area must be contiguous and follow the site requirements in section 11.06 of this ordinance.

f.

This building right shall not be transferred to another tract of land. This tract shall not be split or subdivided.

g.

The building site and the open space cannot be split or sold separately.

(4)

If an owner of at least 20 acres of land, which lies totally within a single quarter-quarter or government lot, and said land was purchased as a separate parcel after October 19, 2001, then, this owner may sell one additional building right tract if they can meet the criteria in number (3) above.

(5)

All further subdivisions must be re-zoned and platted according to the Meeker County Zoning Ordinance article 13 (R-1), article 14 (R-2) and the Meeker County Subdivision Ordinance or platted in the overlay district and remains zoned A-1 according to the provisions of article 19B and the Meeker County Subdivision Ordinance.

E.

Lots of record. A dwelling may be constructed on a lot or tract of land that was vacant prior to the adoption of this provision of this ordinance (October 19, 2001) with the following provisions:

a.

The dwelling is subject to the site development regulations listed in section 11.06 of this article.

b.

These provisions apply if an entire lot or tract of land was sold or transferred. This provision does not apply if the lot or tract of land is subdivided and sold after the adoption of this ordinance. The applicant's lot or tract of land must be recorded with the county prior to the adoption of this ordinance, unless the property is rezoned and platted residential and meets the provisions of the Meeker County Subdivision Ordinance.

(1)

A copy of the document indicating the lot or tract was individually transferred and recorded prior to the adoption of this article must be submitted to the Meeker County Planning and Zoning Office.

(2)

If applicable, a copy of any document indicating a valid lot or tract of record was individually transferred and recorded after the adoption of this article.

c.

The lot of record provision may be approved by the zoning administrator if the information submitted to the planning and zoning office meets the requirements of this provision. The applicant must submit the information listed below.

(1)

A survey, prepared by a licensed land surveyor, indicating the property was recorded on a deed prior to the adoption of this article and is the same parcel as shown in E.b.1 (see above); and

(2)

Any other information requested by the Meeker County Zoning Administrator; and

(3)

A site plan according to article 10 of this ordinance; and

(4)

An approved septic system in accordance to article 22, section 13 (22.13) of this ordinance.

(Amend. of 3-3-2020)

Sec. 11.02. - Permitted uses.

The following uses shall be permitted within the A-1 Agricultural Preservation District subject to the performance standards set forth elsewhere in this ordinance:

A.

Agricultural production uses such as:

1.

Field and specialty crops.

2.

Farm livestock and livestock products and family processing of the same.

3.

Poultry.

4.

Animals raised for their pelts, meat or sale.

5.

Nursery stock and tree farms.

6.

Garden and field-grown vegetables.

7.

Forest and woodland protection.

8.

Apiaries.

9.

Orchards.

B.

Class A feedlots under 300 animal units.

C.

Flood control and watershed structures, erosion control structures and farmland drainage systems.

D.

Parks, recreational areas, wildlife areas, game refuges, forest preserves, public accesses and boat launching facilities owned or operated by governmental agencies.

E.

Agriculture-related seed and feed sales.

F.

Family-operated temporary or seasonal roadside produce stands offering for sale produce produced on the premises with adequate off-road parking, not to exceed one stand per farm.

G.

Essential service facilities and structures, subject to section 22.08.

H.

Designated historical sites and areas.

I.

Livestock and livestock structures as an accessory use or building to a residence.

J.

Churches and town halls.

K.

Cemeteries and memorial gardens.

L.

Level 1 home occupation.

M.

Single-family dwellings including mobile homes except in a Shoreland Management Overlay (SM-O) District.

N.

Veterinary clinics and associated facilities necessary for animal health care.

O.

Tiling, sewer and small road contractors' equipment and storage yard.

P.

On-land disposal from sewage treatment plants.

Q.

Private access and boat launching facility.

R.

All used dwellings older than five years moved onto a lot with an inspection conducted by the Meeker County Building Official and one zoning staff member. Said property owner shall make application to Meeker County Planning and Zoning to be permitted to move said used dwelling onto a site. The dwelling shall not be moved onto the proposed site unless the permit is approved by the Meeker County Building Official and Meeker County Zoning Administrator (see section 22.05 for definition).

S.

Residential programs meeting Minnesota Statutes section 245A.11, subdivision 2 or successor statutes.

(Amend. of 5-1-2018(1))

Sec. 11.03. - Conditional uses.

The following uses may be allowed within the A-1 Agricultural Preservation District subject to the performance standards set forth elsewhere in this ordinance and the issuance of a conditional use permit:

A.

All Class B, B-h, C, C-h, D, and D-h feedlots 300 animal units or more.

B.

Agriculture-related machinery and equipment repair on existing farmsteads when the use is clearly incidental to a bona fide farming operation.

C.

Kennels.

D.

Firearm shooting ranges.

E.

Shooting preserves.

F.

Airports, landing strips and airport facilities.

G.

Vehicle sales and service not to exceed 12,000 square feet.

H.

Small engine repair limited to structures not exceeding a 3,000-square-foot area in total.

I.

Upholstery shop limited to structures not exceeding a 3,000-square-foot area in total.

J.

Electric or plumbing and heating shop limited to structures not exceeding a 3,000-square-foot area in total.

K.

Machine welding shop limited to structures not exceeding a 3,000-square-foot area in total.

L.

Government storage and maintenance facilities.

M.

Recycling facility, subject to the standards in section 22.32 herein.

N.

Section 11.02.N through 11.02.Q shall observe the setbacks for the side yard and rear yard as stated in section 15.04.C and 15.04.D.

O.

Lumber mill and rough lumber processing.

P.

Tower, commercial wireless communications.

Q.

Sewage treatment plants and sewage lagoons.

R.

Residential programs meeting Minnesota Statutes section 245A.11, subdivision 3 and juvenile residential programs as referenced in Minnesota Statutes section 245A.11, subdivision 2 or successor.

S.

Commercial outdoor recreation areas that are similar to public recreation areas, including, but not limited to, resorts, campgrounds, golf courses, clubhouses, country clubs, ATV trails, or similar activities as determined by the Meeker County Planning Commission.

T.

Sanitary landfills as regulated by the state and county.

U.

Commercial nurseries and greenhouses.

V.

The application of petroleum-impacted soil for treatment by microbioorganisms and long-term disposal per rules and regulations of the Minnesota Pollution Control Agency, or its successors, and further subject to the limitations and controls contained in section 6A.02.D.3, and section 22.06 of this ordinance.

W.

Mini storage buildings.

X.

Open livestock waste lagoon.

Y.

Bed and breakfast facility not exceeding five guest rooms. (See section 23.07.1 for definition.)

Z.

Other uses deemed by the planning commission to be of the same general character of those permitted or allowed by conditional use permit.

AA.

Wind turbines for the generation of wind energy.

BB.

Commercial riding stables.

CC.

Feedlot inspections for already established CUPs. Feedlots established by a CUP before the date of the adoption of this ordinance change, July 24, 2014, may apply to have a condition review of said established application in regards to the yearly inspection requirement. Please note no change of operations, animal unit numbers or manure handling may be proposed under this conditional use permit which changes require a conditional use permit under section 11.03.A.

If, for three consecutive annual inspections, there have been no violations noted by the review, then an inspection shall occur every third year thereafter. If at any subsequent inspection a violation of this permit is found, inspections will then occur yearly until three consecutive inspections have occurred with no violations. This consecutive inspection review will be retroactive to the three years just prior to the property owner making application to Meeker County for this review.

Note: This does not have an effect upon the mandatory guideline for percentage of feedlot inspections required by the MPCA.

DD.

As per section 22.14.A.1.a of the Meeker County Zoning Ordinance, any project that will result in a substantial alteration of the existing landscape or ground contour, that will change existing drainage patterns and result in significant soil erosion, vegetation destruction or drainage damage to adjoining properties, deprive an adjoining property owner or adequate lateral ground support or destroy the present ground cover resulting in a less beneficial cover for present and proposed development or future uses. Substantial alteration shall mean the extraction, grading or filling of land involving movement of each and material in excess of 1,000 cubic yards, except that the following shall not be considered a substantial alteration:

(1)

Drainage tile installation and related activities such as terracing and/or waterway installation and ditch cleaning in agricultural districts.

(2)

That excavation, grading and filling normally necessary for the construction and development of a permitted or conditional use.

EE.

Clear cutting of natural vegetation on any lot or parcel of five acres or more as per section 22.28.A.3 of the Meeker County Zoning Ordinance.

(Amend. of 5-1-2018(1))

Sec. 11.04. - Interim uses.

The following use may be allowed within the A-1 Agricultural Preservation District subject to the performance standards set forth elsewhere in this ordinance and the issuance of an interim use permit:

A.

Temporary second dwellings:

1.

A second temporary dwelling may be allowed under one of the following conditions:

a.

The temporary second dwelling is for a caregiver pursuant to the standards in section 22.30 herein.

b.

The resident or residents of the temporary dwelling either owns, operates or is principally employed on the existing farm site.

c.

The resident or residents of the temporary dwelling is a blood relative of an occupant in the existing dwelling.

2.

All temporary second dwellings shall be located on the existing dwelling site and must have a conforming sewer system.

3.

All temporary second dwellings shall have a time limit as outlined in the interim use permit.

4.

To ensure compliance with application requirements, all property owners approved for temporary second dwellings shall submit annually to the zoning office a completed certification form, available at the Meeker County Planning and Zoning Office, indicating the conditions of the permit approval are still in place and that the need for the temporary second dwelling has not changed.

B.

Mineral, sand and gravel extraction.

C.

Temporary or seasonal equipment placement and operations including salvage operations, bituminous plants, circuses, carnivals, race tracks, and rock-fests, music festivals or similar activities as determined by the planning commission.

D.

Migratory labor residences.

E.

Organized group camping facilities.

F.

Concrete and bituminous recycling operations.

G.

Mobile homes in a Shoreland Management Overlay (SM-O) District as defined in article 19A herein, except that none with a maximum width as constructed by the manufacturer of less than 16 feet, and none older than ten years as of the date of the permit application, shall be permitted.

H.

Retreats not to exceed ten guests and five cars. There shall be no on-street parking allowed. Cooking shall be allowed only in the kitchen and not in other rooms.

I.

Placement of a recreational camping vehicle as is stated in 11.06.U after the expiration of an administrative permit.

J.

An accessory building to be used for dwelling purposes during construction of the principal dwelling.

K.

A Level 2 home occupation in an accessory building.

L.

Paintball range as per section 22.19.1 of the Meeker County Zoning Ordinance.

M.

Rural tourism business as per section 22.21.2 of the Meeker County Zoning Ordinance.

(Amend. of 2-5-2019)

Sec. 11.05. - Accessory uses.

A.

Permitted uses. The following uses may be permitted as accessory uses within the A-1 Agricultural Preservation District subject to the performance standards set forth elsewhere in this ordinance:

1.

Structures designed for the storage of agricultural products and machinery and necessary to the operation of a bona fide farming operation.

2.

Private garage.

3.

Private swimming pool.

4.

Storage sheds.

5.

Livestock, buildings and pens.

6.

Signs.

7.

Accessory buildings or structures and uses customarily incidental to any permitted or conditional use when located on the same property.

B.

Accessory buildings located in the Agriculture and Shoreland District.

1.

No accessory building shall be used for dwelling purposes except by interim use permit and only during construction of the principal dwelling.

2.

All accessory buildings must meet all setback requirements unless the property owner proposing said construction has applied for and been granted a variance to said requirements.

(Amend. of 5-1-2018(1))

Sec. 11.06. - Site development regulations.

The following minimum requirements shall be observed in the A-1 Agricultural Preservation District except as provided otherwise by this ordinance:

A.

Height.

1.

No structure shall hereafter be erected or structurally altered to exceed 30 feet in height, except that:

a.

No height limitation shall be imposed for agricultural buildings under 150 feet except where hazardous conditions may result (see article 23, section 23.02.15).

b.

Any non-agricultural structure over 30 feet in height shall require a conditional use permit.

1.

This provision shall not apply to wind turbines as defined in sections 22.34 and 22.35 of the Meeker County Zoning Ordinance and poles as discussed in 22.33.E of the Meeker County Zoning Ordinance.

B.

Front yard.

1.

There shall be a front yard setback for structures from the centerline of all public rights-of-way of not less than:

a.

100 feet for township and county roads and a minimum of ten feet from the right-of-way line.

b.

130 feet for state and federal highways and a minimum of ten feet from the right-of-way line.

c.

200 feet for Minnesota State Highway 15 and a minimum of ten feet from the right-of-way line.

C.

Side yard. There shall be a side yard structure setback of not less than ten feet.

D.

Rear yard.

1.

There shall be a minimum rear yard setback of 40 feet for a dwelling.

2.

There shall be a minimum rear yard setback of 15 feet for accessory uses.

E.

Lot width. Every lot or tract shall have a width of not less than 150 feet abutting a public right-of-way and at the front yard setback line. If said lot or tract does not abut a public right-of-way, the lot or tract must have a 50-foot-wide legal access road abutting the centerline of the public road.

F.

Lot depth.

1.

Every lot or tract shall have a depth of not less than 250 feet.

G.

Lot size.

1.

The minimum lot size is 60,000 [square feet] and shall be large enough to accommodate a dwelling, future accessory buildings, and two individual sewage treatment system sites without any variances.

H.

Erosion control.

1.

Erosion control measures shall be implemented and maintained as per section 22.24, Soil Erosion and Sediment Control, of this ordinance.

I.

Recreational river standards (North Fork of the Crow River).

Riparian Lots Non-Riparian Lots
Area WidthAreaWidth
Single 130,000 300 130,000 300

 

J.

River/stream lot width standards. The minimum lot size requirements for riparian and non-riparian rivers and streams are controlled by the natural environment standards as shown below and set forth in section 19A.04.A.1 and section 19A.04.A.2.

Natural Environment

Riparian Lots Non-Riparian Lots
Area WidthAreaWidth
Single 100,000 250 130,000 250
Duplex 120,000 300 160,000 400

 

K.

Buildable area.

1.

Not more than ten percent of the lot or tract shall be occupied by buildings.

2.

All lots established for the construction of a dwelling, excluding lots in a conservation subdivision pursuant to article 19B of this ordinance, shall have a minimum buildable area of 30,000 square feet of contiguous land that is:

(1)

Above the ordinary high water line;

(2)

Above the 100-year floodplain elevation;

(3)

Outside the perimeter of the delineated wetland area;

(4)

Outside of setback lines; and

(5)

Outside the perimeter of any mapped soil area defined in the soil survey of Meeker County as having severe limitations for construction of a dwelling due to slope.

3.

Provision 11.06.K.2 does not apply to those tracts subject to section 4.02 of the Meeker County Zoning Ordinance.

L.

[Outlots.] An outlot shall not be considered a buildable lot for a dwelling unless it is replatted and meets the required lot width, depth, and area requirements.

M.

Setback from feedlots.

1.

A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence (Minnesota Statutes § 394.25) or build for an owner/operator of the feedlot as is defined in section 23.40. According to this provision, all new residential dwellings shall have the following setbacks from existing feedlots:

a.

Class B, B-h, C and D feedlots: quarter-mile setback.

b.

Class C-h and D-h feedlots: half-mile setback.

2.

No dwelling shall hereafter be erected within 1,000 feet from an existing Class A feedlot with 50 or more animal units in non-shoreland, or ten or more animal units in a shoreland district without first obtaining a signed waiver regarding setback as per section 22.10.G, or being granted a variance to said setback. This provision does not apply to a new residence being built to replace an existing residence or a dwelling being built for an owner/operator of the feedlot as is defined in sections 23.40.1.1 and 23.40.1.2.

3.

No new Class A feedlot with 50 or more animal units in non-shoreland or ten or more animal units in a shoreland district shall be constructed within 1,000 [feet] of a non-owner-operator dwelling without first obtaining a signed waiver regarding setback as per section 22.10.G.2, or being granted a variance to said setback.

N.

Setback from gravel mining operations. No dwelling shall hereafter be erected within 500 feet from existing gravel mining operations property line without first obtaining a conditional use permit, unless the new residence is built to replace an existing residence.

O.

Setback from ditches. Subject to the following exception, no buildings, structures, or trees shall hereafter be erected or planted within 75 feet from the centerline of any county or judicial ditch.

1.

Exception. A property owner may plant trees to within 16.5 feet of the top of the ditch within 100 feet of the ditch's inlet or outlet from a lake as measured from the lake's ordinary high water level.

P.

Animal units.

1.

Each residential building site consisting of less than ten acres may have no more than two animal units with the following exceptions:

a.

Additional animal units may be allowed through a conditional use permit to a maximum of one animal unit per acre up to a maximum ten animal units per site.

b.

No more than two swine total per site.

c.

No more than 20 poultry total per site.

d.

A proposed new animal feedlot or a manure storage area shall not be permitted within a shoreland district, a floodplain, 300 feet of a sinkhole, 100 feet of a private well, or 1,000 feet of a community water supply well or other wells serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center where the well is vulnerable.

e.

Existing animal feedlots or manure storage areas within the shoreland district shall refer to section 22.10.D.4.a through d of this ordinance.

2.

Each residential building site consisting of ten acres or more may have less than 300 animal units on site outside of the shoreland district provided they comply with Meeker County's Feedlot Ordinance (section 22.10).

a.

A proposed new animal feedlot or a manure storage area shall not be permitted within a shoreland district, a floodplain, 300 feet of a sinkhole, 100 feet of a private well, or 1,000 feet of a community water supply well or other wells serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center where the well is vulnerable.

b.

Existing animal feedlots or manure storage areas within the shoreland district shall refer to section 22.10.D.4.a through d of this ordinance.

3.

The owner of a proposed or existing animal feedlot shall follow all rules and regulations and obtain all permits as is stated in section 22.10 (Feedlots) of the Meeker County Zoning Ordinance.

4.

Bona fide farming operations are exempt from this provision but must comply with Meeker County's Feedlot Ordinance (section 22.10) and register their feedlot with the county feedlot officer and/or their designee.

5.

Any feedlot proposed to be located within 1,000 feet of a non-owner-operator residence shall require an approved conditional use permit.

Q.

Floodplain development. No dwelling shall hereafter be erected below Meeker County's 100-year floodplain.

R.

[Split or incomplete tracts.] When a tract of land is split or the tract of land is less than a complete quarter-quarter section or government lot, a boundary survey drawing and description prepared by a licensed land surveyor shall be submitted with the application.

S.

Tower setbacks.

1.

All new one- or two-family dwelling units and/or property subdivided and/or zoned residential shall maintain a 660-foot setback from any existing tower, or the height of the tower plus ten feet, whichever is larger. These setbacks shall not apply to the reconstruction on an existing dwelling.

2.

All new towers shall maintain a 660-foot setback from an existing dwelling. This setback shall not apply to the reconstruction of an existing tower provided the tower does not exceed the present or permitted height.

3.

The setback requirements herein may be waived on an individual basis at the discretion of the planning commission or county board as part of the conditional use permit process, but only with the express written consent of the dwelling unit owners and/or adjacent property owners.

4.

Please note this provision S does not waive or negate the conditional use permit process.

T.

Setbacks for wind energy facilities.

ObjectSetback Over 100 KWSetback 100 KW or Less
Non-owner dwelling 1,000 feet 750 feet

 

U.

Recreational camping vehicles/storage of recreational camping vehicles. Recreational camping vehicles shall be permitted only:

1.

In established recreational camping areas; or

2.

Placed for storage on a lot that has an existing building eligibility.

a.

A recreational camping vehicle, whether occupied or not, shall be permitted on a lot with an existing building eligibility for no more than 30 continuous days unless a permit is approved to allow for said placement.

b.

A recreational camping vehicle shall be permitted to remain on a property with a building eligibility for more than 30 days annually for a maximum of five years with an administrative permit approved by the Meeker County Zoning Administrator. Said camper placement shall meet all required setbacks as per 22.21.1.e and all SSTS and well requirements as per section 22.21.1.c. If an individual wishes to have a camper on their site for more than five years they must apply for and be granted an interim use permit for said use prior to the expiration of their administrative permit.

c.

If any recreational camping vehicle, whether occupied or not, seeks to remain on a lot with an existing building eligibility beyond the first five years as is allowed by an approved administrative permit in section 22.21.1.b of the zoning ordinance for more than 30 continuous days annually, then the owner of the vehicle must obtain an interim use permit.

V.

Land alteration.

1.

A conditional use permit shall be required for land alteration that results in a substantial alteration of the existing landscape or ground contour. Substantial alteration shall mean the extraction, grading or filling of land involving movement of each and materials in excess of 1,000 cubic yards except as stated in section 22.14.A.1.a(1) and (2). Land alteration within both the A-1 Agricultural Preservation District and within the shoreland district shall also follow the requirements as stated in section 19A.04.C.

(Amend. of 2-5-2019)