HomeMy WebLinkAbout3 - Ordinance Amendment - Churches in Ag District
To: Planning Commissioners
From: John Hinzman, Community Development Director
Date: October 27, 2025
Item: Public Hearing - Amend City Code Chapters 155.21 – Churches in the Agriculture Zoning
District
Planning Commission Action Requested
Hold a public hearing and recommend action to amend City Code Chapter 155.21, Subd. D to allow
Churches as a Special Use within the Agriculture Zoning District.
Zoning Ordinance Districts and Uses
Chapter 155 of the City Code establishes the Zoning Ordinance. The Zoning Map subdivides the
City into various districts and establishes allowable uses in each district as follows:
• Uses Permitted – Uses allowed by right. No city action is necessary to establish the use.
• Uses by Special Permit – Uses allowed upon establishment of certain conditions of
operation to ensure compatibility with surrounding area. Requires issuance of a Special Use
Permit including notification of property owners within 350 feet of the site, public hearing
and review by the Planning Commission and City Council approval.
• Interim Use – Uses allowed for a limited period of time. Requires issuance of an Interim
Use Permit and Agreement establishing the duration and parameters of the and includes
notification of property owners within 350 feet of the site, public hearing and review by the
Planning Commission and City Council approval.
• Uses Prohibited – Uses not identified above are prohibited within the zoning district.
City Code Chapter 155.21 – Agriculture
Code requirements for the Agriculture zoning district are attached. The intent of the Agriculture
District is identified as follows:
“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 natural amenities of the Hastings area from harmful exploitation.”
Please see the Zoning Map link to view areas zoned for Agriculture
Planning Commission Memorandum
Impetus for Considering Code Amendment
Consideration of the amendment was prompted by a local church wishing to purchase property on
land zoned Agriculture for construction of a new church.
Planning Committee of City Council
The Planning Committee of City Council (Chair Lawrence, Vihrachoff, and Haus) met on October
13th to discuss changes to allow churches in the Agriculture district. The Committee discussed
implications on churches developing on agricultural land and how it may impact future
development. Committee members were supportive of further review by the Planning
Commission.
Analysis
• Properties zoned Agriculture are not connected to municipal sewer and water. Sewer and
water service is provided through private wells and septic systems.
• Intensive development of Agriculture zoned properties should be avoided.
• Some areas zoned Agriculture are identified in the Comprehensive Plan for future extension
of municipal services and development into more intensive residential and commercial land
uses.
• Development of properties zoned Agriculture that are identified for future growth could
prohibit more intensive development in the future.
• A variety of uses exist within the agriculture district, some of which are not necessarily
agricultural in nature.
Proposed Amendment
Staff proposes the attached amendment to allow churches in the Agriculture District while
protecting against premature development of land designated for future development. Churches
would be limited to Agriculture zoned land identified as Agriculture on the Comprehensive Plan.
Churches would not be allowed on Agriculture zoned land where a different land use is planned.
Please see the Future Land Use Map Link to view areas guided for Agriculture Use
Attachment
• Ordinance Amendment
• City Code Chapter 155.21 - Agriculture
1
ORDINANCE NO. 2025-
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 155.21 – ZONING CODE – A AGRICULTURE
The City Council of the City of Hastings, Minnesota does hereby ordain as follows:
SECTION 1. AMEND. The Code of the City of Hastings, State of Minnesota, Chapter
155.21, Subd. D - Zoning Code – A Agriculture – Uses by Special Permit is amended as follows.
Language added is underlined and language removed is stricken.
155.21, Subd. D. Uses by Special Permit
6. Churches pursuant to the following conditions:
a. Site must be designated as “Agriculture” on the Future Land Use Map of the
adopted Comprehensive Plan.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes 412.191,
in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on November 17, 2025 modifies
the City Code to allow churches as a special use in the Agriculture District.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 17th day of November, 2025
_____________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
Summary Publication Published in the Hastings Journal on November 20 and November 27,
2025
155.21 A Agriculture
A.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.
B.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.
C.Uses Permitted.
1.Farmsteads and agricultural operations;
2.Single-family detached dwellings;
3.Public parks and non-commercial recreational uses;
4.Cemeteries;
5.Home occupations subject to the standards listed at § 155.07;
6.Accessory uses incidental to the foregoing principal uses such as private garages and
sheds;
7.Recreation facilities, including, but not limited to, golf courses, pistol and rifle ranges,
sportsmen clubs and camping areas subject to site plan review;
8.Nurseries and greenhouses subject to site plan review;
9.Commercial Kennels and veterinary establishments subject to site plan review;
10.Storage rental facilities subject to site plan review;
11.Agricultural service operations, heavy equipment contractors, tree service contractors, or
other uses subject to site plan review;
12.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;
13.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.
D.Uses By Special Permit.
1.Temporary asphalt hot mix plants accessory to mineral extraction subject to site plan
review.
2.Land reclamation, mining, soil processing, and general land grading subject to the
following.
a.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
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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.
b.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.
c.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.
d.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.
(1)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.
(2)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.
e.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:
(1)A legal description of the lands upon which grading operations shall be
performed;
(2)Copies of any agreements contemplated or entered into between the
owner of the property and any other person charged with performance of
the grading;
(3)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;
(4)The full name and address of the person applying for permit hereunder;
(5)A permit fee is required in accordance with the city fee schedule;
(6)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
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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;
(7)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
(8)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:
(A)Worker’s compensation and employer’s liability which shall be
secured and maintained as required by state law;
(B)Public liability, personal injury, and property damage;
(C)Injury or death of 1 person - $250,000;
(D)Injury or death to more than 1 person in a single accident -
$500,000; and
(E)Property damage - $200,000.
3.Towers as regulated by § 155.07.
4.Motor vehicle impound lots, subject to the following conditions.
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a.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.
b.No sales of motor vehicles, salvaging, repairing, dismantling, or stripping of motor
vehicles shall be allowed in the impound lot.
c.100% opaque fencing or landscaping at least 6 feet high must be placed around
the entire lot and must be adequately maintained.
d.All motor vehicles impounded shall be kept within the opaque fenced or
landscaped area.
e.All buildings on the lot must be permanent structures with permanent
foundations.
f.The entire impound lot shall be surfaced with a bituminous covering, class 5
gravel, or other surface covering as approved by the city.
g.A sufficiently sized bituminous area shall be provided for the parking of vehicles
which may be leaking fluids or other pollutants.
h.Any lighting in the impound lot shall not be obtrusive to neighboring property.
i.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.
j.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.
k.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.
l.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
5.Cannabis, medical cannabis and hemp growing, cultivating or farming operations
pursuant to the following conditions:
a.A minimum of 100 contiguous acres under single ownership is required for the
operation
b.The operator must be licensed by the State of Minnesota
c.The sale of cannabis products is not permitted on the same property as the
operation.
E.Interim Use
1.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:
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a.The use conforms to the zoning regulations;
b.The date or event that will terminate the use can be identified with certainty;
c.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
d.The user agrees to any conditions that the City deems appropriate for permission
of the use.
2.Uses by Interim Use Permit.
a.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.
b.Ground-Mounted Community Solar Gardens and Solar Farms.
3.Additional Requirements.
a.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.
b.The site must be returned to its pre-developed condition upon termination of the
interim use permit.
c.If applicable, the business must present an acceptable plan for on-site portable
restrooms and trash removal.
d.All temporary and permanent signage will require a separate sign permit.
e.As a condition of approval, the City will need to review and approve any
temporary or mobile structure.
f.The construction of or movement of any buildings onto the property requires Site
Plan Approval.
g.Interim Use Permits shall be subject to the requirements of Chapter 30.02 (E) (2)
- Special Use Permits.
h.Hours of operation shall be reviewed.
i.Any interim use may be terminated by a change in zoning regulations.
HISTORY
Amended by Ord. 426, 2nd Series on 3/2/1998
Amended by Ord. 436, 2nd Series on 8/3/1998
Amended by Ord. 2009-09, 3rd Series on 9/8/2009
Amended by Ord. 2011-22, 3rd Series on 10/3/2011
Amended by Ord. 2023-05 on 3/20/2023
Amended by Ord. 2023-10 on 4/17/2023
Amended by Ord. 2024-02 on 2/5/2024
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