The provisions of this SECTION apply to the AG agricultural district. The AG agricultural district is intended to provide a district which will allow extensive areas of the city to be retained for agricultural purposes until such time as municipal utilities are available or practical and thus prevent premature and scattered urban development which would be uneconomical and impractical from the standpoint of municipal services, utilities and schools. The AG agricultural district is also intended to preserve the agricultural heritage of the area and to maintain open space.

(Code 1998, § 30-311)

Within the AG agricultural district, the minimum size parcel of land permitted shall be ten acres, and no building or land shall be used except for one or more of the following uses:

1. One single-family dwelling located so the land can later be subdivided. Such dwelling unit cannot exceed a development density of one unit per 40 acres.
2. Agricultural land uses as follows:
   1. Any enclosure, stable or other building in which farm animals are kept shall be a distance of not less than 100 feet from any lot in a residential district.
   2. Animal unit density as defined by the pollution control agency shall not be greater than three per acre.
3. The following, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use:
   1. State-licensed residential facility or a housing with services establishment registered under Minn. Stats. ch. 144D serving six or fewer persons.
   2. A licensed day care facility serving 12 or fewer persons.
   3. A group family day care facility licensed under Minn. Rules 9502.0315 to 9502.0445 to serve 14 or fewer children.
4. City parks, provided an informal review/meeting is held when involving initial design or layout of the park; redesign of an existing park; construction of any new building; or construction or relocation of any athletic field such as baseball, softball, soccer, football, tennis, hockey and related infrastructure, such as light towers, permanent seating or bleachers for more than 200 persons, parking lots and internal roads when the athletic facilities or infrastructure are proposed to be located where not shown on an approved plan.

(Code 1975, § 425:02; Code 1998, § 30-312; Ord. No. 216, § 1, 9-7-1995; Ord. No. 398, 3-7-2016)

State Law reference— Permitted single-family uses, Minn. Stats. § 462.357, subd. 7.

Within the AG agricultural district, the following uses may be allowed, but only upon the securing of a conditional use permit:

1. Dairy farm.
2. Feed lot.
3. Fur farm.
4. Commercial greenhouse.
5. Cemetery.
6. Public or private parks or playgrounds.
7. Land reclamation and mining.
8. Essential public and private utility structures.
9. Airports.
10. Golf courses.
11. Other homes may be located on a farm, provided the occupant is employed on the farm or is the son or daughter of the owner, and the location is such that a five-acre parcel meeting the platting regulations can be platted to accommodate the house at a later date and the maximum density on the entire farm does not exceed one dwelling unit per ten acres.
12. Riding academies and stables, provided the maximum horse density is one for the first 2½ acres, another horse for five acres and thereafter one horse for every acre of pasture land.
13. Raising of bees.
14. Churches, chapels, temples or synagogues.
15. Kennels, provided they are at least 1,000 feet from any lot line of an abutting lot in any class of residence district.
16. Noncity parks.
17. Commercial use antenna towers. The city has received requests regarding the location of commercial use antenna towers within the city. The city council wishes to have uniform standards set that will allow the establishment of these uses, yet protect the public health and aesthetics of the community.
    1. Anyone wishing to establish a commercial use antenna tower in the city needs to make application for a conditional use permit. The application must be accompanied by a nonrefundable application fee. The application fee shall be established by the city council, annually. All technical data and all relevant information shall be submitted to the planning commission and city council for review. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis, that the location of the antennas as proposed is necessary to meet the frequency plus spacing needs of the cellular grid system and to provide adequate portable radio coverage and capacity to areas which cannot be adequately served by locating the antennas at another site.
    2. Upon receiving approval by the city council and obtaining the appropriate permits, the following standards for commercial use antenna towers shall be met:
       1. A tower shall be designed and situated to be as visually unobtrusive as possible, shall be screened as appropriate, shall not be multicolored and shall contain no signage, including logos, except as may be required by any state and federal regulations.
       2. A freestanding commercial use antenna tower shall not exceed 100 feet in height, and be a monopole type tower, only.
       3. A freestanding commercial use antenna tower shall not be permitted within two miles of another freestanding commercial use antenna tower.
       4. No guy wires shall be used.
       5. The property line setbacks of a freestanding commercial use antenna tower shall equal the height of the tower. A freestanding commercial use antenna tower cannot locate any closer than 250 feet from a residential structure. All instances where the commercial use antenna is to be co-located upon a city-owned structure, property or facility, are exempt from the height and setback requirements noted in this subsection.
       6. The structural integrity of a commercial use antenna tower must be approved by a licensed and qualified professional structural engineer to conform to the lateral structure standards of the state building code and all other applicable reviewing agencies.
       7. When lighting is necessary, including when lighting is required by the FAA or other federal or state authority, it shall be oriented inward, so as not to project onto surrounding residential property.
       8. Nonclimbable decorative fencing, not less than six feet in height, shall enclose the area on which the commercial use antenna tower is located. A vegetative or landscaped screen must shield the fencing, subject to the review and approval of the city council.
       9. Accessory structures to enclose transmission equipment, power equipment located on the ground near the tower that is used in conjunction with the commercial antenna tower, shall be enclosed by a vegetative screen or landscaped buffer, subject to the review and approval of the city council.
       10. An agreement providing for collocation and prompt removal of unused and/or obsolete towers shall be attached and part of any conditional use permit.
       11. The permittee must obtain FCC licensure and approval as required for various communications applications. No interference with local television and radio reception will be allowed. A noninterference agreement shall be a part of the conditional use permit (CUP) application.
       12. The permittee must obtain an FAA approval and/or provide documentation that FAA approval is not needed.
       13. Metal towers shall be constructed of, and treated with, corrosive resistant materials. Wooden or lattice metal towers will not be permitted.
       14. Any proposed commercial use antenna towers shall be designed, structurally, electrically and in all aspects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users. To allow for future rearrangement of antennas upon the tower, the tower shall be designed to accept antennas mounted at no less than ten-foot intervals above the 50-foot level of the tower. The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered collocation and shall require a building permit. An amendment to the conditional use permit shall not be required.
       15. All obsolete or unused towers and accompanying facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the city council. After facilities are removed, the site shall be restored to its original or an improved state. Electronic equipment shall not be removed in advance of tower removal. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and place the cost of said removal and restoration on the real estate taxes. See subsection Q,5 of this section.
       16. The permittee must submit proof of liability insurance in the amount of $500,000.00 and worker's compensation insurance.
       17. All commercial use antenna towers, their antennas and associated equipment shall be adequately insured against injury or property damage caused by structural failure of the tower or associated equipment in the amount of $500,000.00.
    3. Should the commercial use antenna tower users engage in any activity that violates those standards or endangers the public health, safety and welfare, the city may require the abatement of such tower from its current site. The city will provide notice to the commercial use antenna tower owner from its current site. The city will provide notice to the commercial use antenna tower owner of the violations, and provide an opportunity for the owner to address the city council regarding the proposed action. The city may require immediate abatement in the case that there is an immediate public health threat.
    4. All obsolete or unused towers and accompanying accessory facilities shall be removed within six months of the cessation of operations, unless a time extension is approved by the city council. If a time extension is not approved by the city council, the tower may be deemed a nuisance pursuant to Minn. Stats. § 429.021. If a tower is determined to be a nuisance, the city may act to abate such nuisance and require the removal of the tower at the property owner's expense. The owner shall provide the city with a copy of the notice of the Federal Communications Commission's (FCC) intent to cease operations and shall be given six months from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of six months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original, or to an improved, state.
    5. Special requirements for city-owned property. The use of certain city-owned property, such as water tower sites, for wireless telecommunication antennas brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunications antennas on these special city-owned sites will be allowed only when the city is fully satisfied that the following additional requirements are met:
       1. The applicant's access to the facility will not increase the risks of contamination to the city's water supply.
       2. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility.
       3. The presence of the facility will not increase the water tower maintenance cost to the city.
       4. The presence of the facility will not be harmful to the health of workers maintaining the water tower.
    6. Minimum requirements for city-owned property.
       1. The antennas will not interfere with the purpose for which the city-owned property is intended.
       2. The antennas will have no adverse impact on surrounding private property.
       3. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public property and other necessary provisions and safeguards. The fees shall be established by the city council after considering comparable rates in other cities, potential expenses, risks to the city and other appropriate factors.
       4. The applicant will submit a letter of credit, performance bond or other security acceptable to the city to cover the costs of antenna removal.

(Code 1975, § 425:04; Code 1998, § 30-313; Ord. No. 216, § 1, 9-7-1995; Ord. No. 255, § 2, 7-24-1997)

Within the AG agricultural district, the following uses shall be allowed as accessory to the permitted use:

1. Private garage.
2. Privately owned swimming pool and tennis court for the use and convenience of the residents of the permitted use.
3. Structures accessory to an agricultural permitted use.
4. Stands for agricultural products produced on the premises by the owner.
5. Home occupations in compliance with section 16-1.
6. Noncity parks.
7. Nursery school or group day care and adult day care in a religious institution or community center.

(Code 1975, § 425:03; Code 1998, § 30-314)

Design and performance standards are established to encourage a high standard of development by providing assurance that land uses will be compatible. The standards are intended to prevent and eliminate those conditions which depreciate property values, that cause blight or are detrimental to the environment. Before any building permit is approved, the administrative official shall determine whether the proposed use will conform to the design and performance standards. The applicant or owner shall supply data necessary to demonstrate such conformance.

1. Single-family dwellings. No single-family house shall be located closer than 25 feet to a lot line which abuts a public tot lot, nor closer than 40 feet to a lot line which abuts a park considered, used or proposed as a community park, neighborhood park, playfield or similar park.
2. City parks and noncity parks. City parks and noncity parks shall be subject to the following:
   1. No building shall be located within 50 feet of a lot line.
   2. All access roads to a parking lot containing 100 or more parking spaces shall not be located within 50 feet of an adjoining lot.
   3. Parking lots providing parking for more than ten vehicles shall not be located within 50 feet of a lot line.
   4. Because of unique requirements for nighttime visibility and limited hours of operation, the height of light standards necessary for illuminating an outdoor athletic field or sport may be increased by 100 percent, provided:
      1. At least level 3 nonglare luminaries are used;
      2. The footcandles do not exceed 0.5 at the lot line where the abutting use is residential or planned for residential use; and
      3. The lights are on only between the hours of 4:00 p.m. and 10:30 p.m., unless restricted otherwise by park regulations or authorized by the city council for a special event.
   5. Bleachers and grandstands shall not:
      1. Be located closer than 200 feet from a lot line abutting residential use or planned residential use;
      2. Be higher than 40 feet; and
      3. Provide seating for more than 550 persons, unless located at least 600 feet from an existing or planned residential use.
   6. All signs shall meet the requirements of SECTION 21 of this Code.
   7. Fences at or near the lot line shall be allowed to exceed the height requirements, provided the fence is required for safety or proper conduct of a sports field. Landscaping with appropriate trees and shrubbery shall be considered and planted to the extent desirable and practical to minimize potential adverse impacts.
   8. City parks existing as of September 7, 1995, proposed for modification or change may be exempt from meeting these design and performance standards.

(Code 1975, § 430:01; Code 1998, § 30-315; Ord. No. 216, § 1(425:05), 9-7-1995)