Generally. Any land that may be annexed to the city shall be placed in the A Agricultural District until action by the Council that assigns the land to another district.
Intent. The intent of this chapter in establishing an Agricultural District is to allow maximum freedom of operation for agricultural purposes and to protect the uses from untimely encroachment by potential conflicting urban uses. It is also the intent to protect the natural amenities of the Hastings area from harmful exploitation.
Uses Permitted.
Farmsteads and agricultural operations;
Single-family detached dwellings;
Public parks and non-commercial recreational uses;
Cemeteries;
Home occupations subject to the standards listed at § 155.07;
Accessory uses incidental to the foregoing principal uses such as private garages and sheds;
Recreation facilities, including, but not limited to, golf courses, pistol and rifle ranges, sportsmen clubs and camping areas subject to site plan review;
Nurseries and greenhouses subject to site plan review;
Commercial Kennels and veterinary establishments subject to site plan review;
Storage rental facilities subject to site plan review;
Agricultural service operations, heavy equipment contractors, tree service contractors, or other uses subject to site plan review;
Other uses similar in nature to the above uses and which, in the opinion of the Council, will not be detrimental to the integrity of the Agriculture District;
Cluster developments so as to provide an alternative to rural subdivisions. Home locations may be placed closer together as long as the overall subdivision density still meets the 1 home per 10 acres density. Cluster developments are intended to preserve and enhance open space and natural amenities. Cluster developments are subject to the requirements of this chapter, including, but not limited to, § 155.51 and Chapter 154. Variation in lot sizes and yards are permitted while maintaining the overall density required by the underlying zoning district.
Uses By Special Permit.
Temporary asphalt hot mix plants accessory to mineral extraction subject to site plan review.
Land reclamation, mining, soil processing, and general land grading subject to the following.
Land reclamation. Under this chapter, land reclamation is the reclaiming of land by the depositing of material so as to elevate the grade. Any lot upon which 400 cubic yards or more of fill is to be deposited shall be land reclamation. The application for land reclamation permit shall include a finished grade plan which will not adversely affect adjacent lands, the type of fill to be used, program for fire and rodent control, and general maintenance of the site, controls of vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site. The plan shall also include necessary drainage structures to divert or convey stormwater runoff.
Mining. The extraction of sand, gravel, or other material from the land, in the amount of 400 cubic yards or more and removal thereof from the site without processing shall be mining. The application for a mining permit shall include a plan for a finished grade which will not adversely affect adjacent lands or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.
Soil processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted. The application for soil processing permit shall include a site plan where the processing is to be done, showing the route of the trucks moving to and from the site, and the condition in which the site is intended to be left upon completion. The Council may restrict the duration of the permit for operation after which the permit will have to be renewed.
General land grading. This section restricts all excavations, pits, holes, or earthly deposits of any kind to more than 3 feet depth upon any property within the city.
It is unlawful for any person to dig and leave open, unfenced, unbarricaded, or uncovered, any pit, quarry, hole, or excavation, including basements, wells, septic tanks, or cesspools; and for any person to deposit earthly material including rock, sand, gravel, organic or other fill material to a depth of over three feet without a permit as required under the grading chapter of the International Building Code or as may be amended.
No grading permit shall be required by any person making any excavation or earthly deposit as part of contractual work for construction of utilities for which appropriate permits have been secured or under any contract with the city.
Application for land reclamation, mining, and soil processing. Application for the permit shall be made in writing to the Council which shall set forth the location and plan for removal from or deposits upon property in accordance with this chapter. The application shall include:
A legal description of the lands upon which grading operations shall be performed;
Copies of any agreements contemplated or entered into between the owner of the property and any other person charged with performance of the grading;
If requested by the city a plat and topographical map of the proposed area to be graded, and the other pertinent information as deemed necessary;
The full name and address of the person applying for permit hereunder;
A permit fee is required in accordance with the city fee schedule;
In all cases, each application for permits for the above must be approved by the Public Works Director before the permit is granted. Also, in all cases of the above, the Public Works Director has the right to review procedures, processes, and results in view of the operations to determine whether they are in accordance with general public welfare and safety through regular on-site inspections. The Public Works Director upon determining the permittee’s operation creates a serious and immediate safety hazard may order the operation ceased for a period of 72 hours. Upon so ordering the Public Works Director shall immediately notify the Mayor and the permittee in writing of the hazard and the Mayor shall call a special meeting of the Council. The permittee shall be requested to attend this meeting. If the Council determines that an immediate safety hazard exists, the permit shall be withdrawn until the permittee complies with Council directives to eliminate the hazard;
Within 10 days after City Council approval of the permit and before work begins, the applicant shall submit to the city an irrevocable bond or other forms of security acceptable to the city. This bond or other form of security shall be in an amount determined by the City Council, upon recommendation by the Public Works Director, to be sufficient to guarantee the applicant’s full compliance with the provisions of this chapter and all other conditions of the permit issued by the city, including, but not limited to, any restoration required by the city or the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where the repair work is made necessary by the special burden resulting from the hauling and removal of material from any operation. The bond or other approved security shall remain in effect for at least 1 year after the expiration of the permit issued under this chapter. The Council may review and modify the amount of terms of the bond or other approved security as a condition of any permit renewal; and
Prior to commencing work under a mining or soil processing permit, the applicant shall secure insurance as provided herein. At the time the Council issues land reclamation, the Council shall determine if the applicant must comply with the following insurance requirements. All applicants required to provide insurance herein shall, prior to commencing work, secure, maintain and file with the City Clerk a liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the state as will protect the applicant, its agents and the city from claims for bodily injury, death, or property damage which may arise from operations under a permit issued under this chapter. Each insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without 10-days’ written notice to the city of intention to cancel. The amounts of the insurance shall not be less than the following:
Worker’s compensation and employer’s liability which shall be secured and maintained as required by state law;
Public liability, personal injury, and property damage;
Injury or death of 1 person - $250,000;
Injury or death to more than 1 person in a single accident - $500,000; and
Property damage - $200,000.
Towers as regulated by § 155.07.
Motor vehicle impound lots, subject to the following conditions.
Motor vehicles cannot be kept in an impound lot for more than 14 days unless a police hold has been placed on the motor vehicle.
No sales of motor vehicles, salvaging, repairing, dismantling, or stripping of motor vehicles shall be allowed in the impound lot.
100% opaque fencing or landscaping at least 6 feet high must be placed around the entire lot and must be adequately maintained.
All motor vehicles impounded shall be kept within the opaque fenced or landscaped area.
All buildings on the lot must be permanent structures with permanent foundations.
The entire impound lot shall be surfaced with a bituminous covering, class 5 gravel, or other surface covering as approved by the city.
A sufficiently sized bituminous area shall be provided for the parking of vehicles which may be leaking fluids or other pollutants.
Any lighting in the impound lot shall not be obtrusive to neighboring property.
Employees of the city or its duly appointed representatives, shall be allowed on the property at any time to inspect the impound lot to verify compliance with the City Code.
Any special use permit issued hereunder shall be reviewed annually and at other times deemed appropriate by the city, to verify compliance with the City Code and any special conditions of the permit. As part of the review procedure, the city may hold a public hearing, preceded by the appropriate mailed and published notice. As part of any review procedure, the city may amend the permit by adding or deleting any conditions it deems necessary to protect the public health, safety, and welfare.
All conditions imposed by § 30.02 must be met. Additionally, the city may impose any other conditions it feels are necessary to protect the public, health, safety, and welfare.
Any violation of this subdivision or any conditions imposed upon the special use permit shall be cause for termination of the permit by the city. (Prior Code, § 10.11) Penalty, see § 10.99
Cannabis, medical cannabis and hemp growing, cultivating or farming operations, indoor or outdoor, pursuant to the following conditions:
A minimum of twenty (20) contiguous acres under single ownership is required for the use.
The operator must be licensed by the State of Minnesota
The sale of cannabis products is not permitted on the same property as the use.
Interim Use
Purpose. Interim Uses are allowed upon issuance of an Interim Use Permit and execution of an Interim Use Agreement establishing parameters and conditions for operation. The City Council may grant permission of an Interim Use of the property if:
The use conforms to the zoning regulations;
The date or event that will terminate the use can be identified with certainty;
Permission of the use will not impose additional costs on the public if it is necessary for the public to take over the property in the future; and
The user agrees to any conditions that the City deems appropriate for permission of the use.
Uses by Interim Use Permit.
Interim Waiver of Site Plan Requirements. Uses identified as permitted or by special permit may be granted an Interim Use Permit to defer the construction of certain property improvements for a defined period of time. Deferred construction items may include paving and/or curbing of a parking lot, construction items may include paving and/or curbing of a parking lot, construction of a permanent building, and other similar items. Only properties outside of the Metropolitan Urban Services Area (MUSA) may be eligible for issuance of an Interim Waiver of Site Plan Requirements the business must comply with any deferred items to continue operation.
Ground-Mounted Community Solar Gardens and Solar Farms.
Additional Requirements.
Interim Use Permits shall be issued for a six-month probationary period as determined by City Council. The City Council may consider full issuance of an Interim Use Permit at the end of the probationary period.
The site must be returned to its pre-developed condition upon termination of the interim use permit.
If applicable, the business must present an acceptable plan for on-site portable restrooms and trash removal.
All temporary and permanent signage will require a separate sign permit.
As a condition of approval, the City will need to review and approve any temporary or mobile structure.
The construction of or movement of any buildings onto the property requires Site Plan Approval.
Interim Use Permits shall be subject to the requirements of Chapter 30.02 (E) (2) - Special Use Permits.
Hours of operation shall be reviewed.
Any interim use may be terminated by a change in zoning regulations.