The purpose of this district is to preserve
in agriculture those rural lands suited for such uses and where, because
of the excessive cost of providing urban-type services, a low density
of population should be maintained and rural standards prevail.
To provide the opportunity for multiple principal uses and structures which are prevalent within the rural community, §
625-14B shall be exempt in the A-1 District.
The following principal uses are permitted in
the A-1 District:
A. Agriculture, including animal boarding (kennel), commercial
beekeeping, dairying, floriculture, forestry, general farming, grazing,
horticulture, nurseries, orchards, paddocks, pasturage, stabling,
and viticulture.
The following principal structures are permitted
in the A-1 District:
B. Agriculture-related structures, including but not
limited to:
(2)
Commercial greenhouses, season-extending structures.
[Amended 9-15-2022 by Ord. No. 22-41]
(5)
Poultry coops.
[Added 9-15-2022 by Ord. No. 22-41]
The following accessory uses are permitted in
the A-1 District:
A. Private storage of motor vehicles and agriculture
equipment.
B. Home occupations, as detailed in Article
XXIV (Home Occupations).
D. Temporary seasonal roadside sales of agricultural
products primarily produced on the premises.
E. Sales of agricultural-related products, such as feed, seed, fertilizer,
approved herbicides, and pesticides, by a farmer to supplement farm
income and customarily carried on as a part of the farm operation.
Sale of herbicides and pesticides that the Tribe has prohibited or
restricted use of shall require a separate approval by the Tribe before
products may be sold.
[Amended 9-15-2022 by Ord. No. 22-41]
F. Private recreational activities, including but not
limited to swimming, tennis, and playground activities.
The following accessory structures are permitted
in the A-1 District:
B. Gardens, DAFS-approved community gardens, private greenhouses, and
storage sheds.
[Amended 9-15-2022 by Ord. No. 22-41]
C. Electrical-generating windmill.
D. Temporary seasonal roadside stands.
E. Private recreational structures, as allowed in §
625-235 (Private recreational facilities).
F. DAFS-approved season-extending structures. Approval shall be through
DAFS regulations. If no regulations or explicit zoning regulations
exist, season-extending structures may only be used if the resident/owner
has a site plan describing the use approved by DAFS that is recorded
with Land Management Department.
[Added 9-15-2022 by Ord.
No. 22-41]
In the A-1 District, the following uses are conditional and are subject to the provisions of Article
XXIII (Conditional Use Permits):
A. Temporary housing for seasonal farm employees.
C. Commercial outdoor recreation areas, including but
not limited to:
(4)
Rifle ranges and gun clubs.
D. Country club and/or banquet facilities.
F. Public wayside or roadside park.
G. Bulk storage, processing, and distribution of local
agricultural products.
H. Game farms, feed lots, fisheries, hatcheries, and
the commercial raising of fur-bearing animals, provided that the following
criteria are met:
(1)
Not closer than 1,000 feet to a residential
district.
(2)
Animal waste handling plan.
(4)
No structure shall be placed within 100 feet
of any lot line.
I. Religious and government uses.
J. Agricultural-related businesses which are secondary
to the use of the premises, provided that the following criteria are
met:
(1)
The use shall be conducted entirely within the
residence or an accessory structure customarily located on a farm
or rural homestead.
(2)
Crafts and other related products are allowed
so that they are incidental and negligible to the agricultural-related
business.
(3)
There shall be no outside storage or display
of materials, equipment, or products except for those products that
are grown on the property and are sold on a seasonal basis.
(4)
There shall be no excessive noise, odor, dust,
glare, vibrations, or electrical disturbances beyond a lot line.
(5)
One on-premises sign shall be allowed stating
the name of the business, the owner/operator, and the product being
sold or service offered. The sign shall not exceed 24 square feet
in area, shall be nonilluminated, and shall not be placed within a
vision triangle.
The following structures may be allowed in the A-1 District under the provisions of Article
XXIII (Conditional Use Permits):
A. Temporary structures for the purpose of seasonal housing.
B. Irrigation structures and facilities, such as, but
not limited to, canals, dams, and reservoirs.
C. Accessory structures utilized in connection with commercial outdoor recreational uses as cited in §
625-124C.
D. Country clubs and/or banquet halls.
F. Structures in association with a public roadside park
or wayside.
G. Structures for the bulk storage, processing, and distribution
of local agricultural products.
H. Governmental structures such as police and fire stations,
libraries, and town hall.
I. Structures utilized for religious purposes, including
convents, parish houses and other buildings integral to the functioning
of religious organizations.
J. Public and quasi-public utility structures not covered by Article
XXIX (Modifications, Exceptions and Special Requirements).
K. Structures associated with game farms, feedlots, fisheries, and the commercial raising of fur-bearing animals in accordance with §
625-124H.
L. Structures associated with agriculturally related businesses, secondary to the use of premises as a farm or a residence and meeting the requirements of §
625-124J.
When reviewing conditional use permit requests
for the A-1 District, the committee shall consider the following factors:
A. The statements of purpose for this chapter and this
article.
B. The compatibility with adjacent land uses and potential
for conflict with agricultural use.
C. The need for the proposed use in the A-1 District
and the availability of alternate locations.
D. The productivity of the land involved and efforts
to minimize the amount of productive land converted to nonagricultural
use.
E. The need for public services created by the proposed
use.
F. The effect of the proposed use on water and air pollution,
soil erosion, sedimentation and other possible environmental damage.
The following lot, height, and yard requirements
are established for the A-1 District:
A. Yard requirements.
(1)
Lot area. Lot area shall be a minimum of one acre or as required in Chapter
610 or Chapter
138.
[Amended 9-15-2022 by Ord. No. 22-41]
(2)
The minimum lot width shall be 250 feet.
B. Maximum height.
(1)
The maximum height for the principal structure
shall be 35 feet.
(2)
The maximum height for all other structures
shall be 1/2 the distance to the nearest lot line.
C. Maximum density. The maximum allowable lot coverage
by all structures shall be 35%.
D. Setbacks.
(1)
The minimum highway setback shall be regulated under Article
XVIII (Highway Access and Setbacks).
(2)
The minimum side yard setback for all residential
structures and private garages shall be 20 feet and for all other
structures 50 feet.
(3)
The minimum rear yard setback for all residential
structures and private garages shall be 20 feet and for all other
structures 50 feet.
(4)
No accessory structure may be located in a required
front yard, except for noncomposting gardens or temporary roadside
stand.
[Amended 9-15-2022 by Ord. No. 22-41]
E. Lot, height, and yard requirements for conditional
uses. Lot, height, and yard requirements for structures and uses under
conditional use permits shall be incorporated into said permits.
The following regulations shall apply within
the A-1 District:
A. Article
XXVI as pertaining to parking.
B. Article
XXVII as pertaining to the placement and use of signs.
C. Failure to utilize the property for agricultural purposes could lead
to cancellation of the land use assignment or lease pursuant to Chapter(s)
610 or 138.
[Added 9-15-2022 by Ord.
No. 22-41]
Rezoning from the A-1 shall be based on findings
which consider the following factors:
A. The land is suitable for the proposed use by review
of soil types, location and adjacent land uses.
B. The potential for conflict with remaining agricultural
uses.
C. The availability of alternative locations.
D. The productivity of the land involved.
E. Adequate public facilities to serve the development
are present or will be provided, without placing unreasonable burden
on the tribal government or other local government.
F. The proposed development will not cause unreasonable
air and water pollution, soil erosion or other adverse effects on
rare or irreplaceable natural resources.