§ 155.03 DEFINITIONS.

(A) To identify land uses and development standards for properties located in Bridgewater Township and designated for possible annexation to the City as governed by the annexation agreement dated 7-12-2004;

(B) To implement selected policies of the City’s Comprehensive Plan related to supporting orderly growth, planning land uses to minimize land use conflicts, strengthening the distinction between the urban City and rural countryside, residential and urban growth area land use and growth management areas;

(C) To maintain the rural character of the landscape by allowing agricultural operations and limited single-family residential uses;

(D) To defer urban development in areas around the City until extension or provision of the required public facilities and services is provided. When public services are available and a landowner/developer makes application for development and annexation of the land is within the guidelines of the annexation agreement, the City will consider annexing the land, and then rezoning and subdividing it consistent with its designation in the Comprehensive Plan and in accordance with this chapter; and

(E) To restrict land uses that have the potential to interfere with the orderly urban expansion and subdivision at urban densities or designated land use plan.

§ 155.02 AUTHORITY.

This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.364 and 414.0325, as they may be amended from time to time, and the annexation agreement between the City of Dundas and Bridgewater Township dated 7-12-2004.

§ 155.03 DEFINITIONS.

For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

ABUT. Physically touching or bordering upon; or to share a common property line, but not overlap. See ADJOINING LAND.

ACCESSORY STRUCTURE OR FACILITY. Any building or improvement clearly subordinate to a principal use such as garages, sheds or storage buildings located on the same parcel as the principal structure.

ACCESSORY USE.

(1) A use that is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same parcel as the principal use to which it is related.

(2) An ACCESSORY USE includes, but is not limited to, the following:

(a) Residential accommodations for servants or caretakers;

(b) Swimming pools and private recreational facilities for the use of the occupants of a residence or their guests;

(d) Interior storage of merchandise normally carried in-stock in connection with a business or industrial use unless the storage is excluded in the applicable district’s regulations;

(e) Accessory off-street parking spaces, open or enclosed; and

(f) Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

ADDITION.

(1) A structure added to the original structure at some time after the completion of the original structure; or

(2) An extension or increase in floor area or height of a building or structure.

ADMINISTRATIVE REVIEW. Review of a zoning or planning application by the Zoning Administrator to ensure compliance with this chapter and the Comprehensive Plan.

ADJOINING LAND. A lot or parcel that shares all or part of a common lot line with another lot or parcel of land. See ABUT.

AGRICULTURAL SALES AND SERVICE. An establishment primarily engaged in the sale or rental of farm tools and small implements, feed, seed and grain, tack, animal care products, farm supplies and the like, excluding large implements, and including accessory food sales and machinery repair services.

AGRICULTURAL USE. Real or personal property used for the production of crops, tillage, husbandry or farming, including fruit and vegetable production, tree farming, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products.

ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the move of a building or structure from one location to another. This excludes normal repairs and maintenance, such as painting or roof replacements. (See STRUCTURAL ALTERATIONS.)

ANIMAL, FARM. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state.

ANIMAL KENNEL. Any structure or premises in which animals are boarded, groomed, bred or trained for commercial gain other than horses, cattle, poultry, swine, sheep or goats. (See KENNEL.)

ANIMALS, FOOD. Fish, fowl, cattle, swine, llamas, sheep and other non-human members of the earth’s ecological system raised for the purposes of food consumption.

ANIMALS, FUR. Mammals that are raised for their pelts.

ANIMAL UNIT. A unit of measure used to compare differences in the production of animal waste that, as a standard, uses the amount of waste produced on a regular basis by a slaughter steer or heifer. For animals not listed in the following chart, the number of ANIMAL UNITS shall be defined as the average weight of the animal divided by 1,000 pounds. This chart shall be amended from time to time to be consistent with Minn. Rules Ch. 7020.

Animals	Equivalent
Beef cows	1.0 animal units
Boars	0.4 animal units
Broiler chickens	0.01 animal units
Calves (150 - 500 lbs.)	0.5 animal units
Dairy cows	1.4 animal units
Feeder cattle (500 - 1,200 lbs.)	1.0 animal units
Finishing hogs (100 lbs. - market wt.)	0.4 animal units
Grower/feeder pigs (50 - 100 lbs.)	0.4 animal units
Horses	1.0 animal units
Layer chickens	0.01 animal units
Nursery pigs (up to 50 lbs.)	0.05 animal units
Ostriches	0.4 animal units
Replacement heifers	1.0 animal units
Sheep	0.1 animal units
Sows	0.4 animal units
Turkeys	0.018 animal units
Young dairy stock (500 - 1,000 lbs.)	0.75 animal units

ANNEXATION. The incorporation of a land area into an existing municipality with a resulting change in the boundaries of that municipality.

ANNEXATION AGREEMENT. The duly executed document between the City of Dundas and Bridgewater Township, dated 7-12-2004, that establishes the orderly annexation for the Annexation Reserve District.

ANNEXATION RESERVE DISTRICT. The annexation area as described in Exhibit A of the annexation agreement.

APPLICANT. A person submitting an application for land use, zoning or development approvals. (See PERSON.)

AQUIFER. A geologic formation that is capable of supplying sufficient quantities of water to a well. AQUIFERS are broadly categorized into two categories: unconfined and confined. Other terms are applied to further describe characteristics of AQUIFERS, including artesian and water table aquifers. AQUIFERS must have the following two properties:

(1) The aquifer formation must be porous, such as sand and gravel or cracks and fractures in more solid rock; and

(2) Water must be able to flow through and out of the formation in quantities large enough to be significant.

BASEMENT. A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.

BED AND BREAKFAST. An owner-occupied single-family dwelling used in part as short-term lodging, providing one or more meals per day as part of the compensation.

BERM. A landscaped and contoured formation of land that is raised from natural grade.

BLOCK. The enclosed area within the perimeter of roads, property lines or boundaries of a subdivision.

BLUFF. A hill, cliff or embankment typically overlooking a plain or body of water, especially on the outside of a stream or river meander, that has the following characteristics:

(1) Part or all of the feature is located within 1,000 feet of a lake or 300 feet of a river or stream;

(2) The slope drains toward the water body; and

(3) The slope averages at least 18% over 50 feet, and rises at least 25 feet above the ordinary high water level of the water body; or the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater.

BLUFF, TOE. The point of a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the TOE OF THE BLUFF shall be determined to be the lower end of the lowest ten-foot segment that exceeds 18% slope.

BLUFF, TOP. The point of a bluff where there is, as visually observed, a clearly identifiable break in the slope, from the steeper to the gentler slope above. If no break in the slope is apparent, the TOP OF THE BLUFF shall be determined to be the upper end of the highest ten-foot segment that exceeds 18% slope.

BLUFF IMPACT ZONE. A bluff and land located within 30 feet from the top of the bluff.

BLUFFLINE. A line along the top of a slope connecting the points at which the slope becomes less than 12%. This applies to those slopes within the Wild and Scenic River District which are beyond the setback provisions from the ordinary high water level.

BOARD OF ADJUSTMENT. The Planning Commission as established in this chapter.

BOARD OF SUPERVISORS. The Bridgewater Township Board of Supervisors; also referred to as the TOWN BOARD.

BOATHOUSE. A structure designed solely for the storage of boats or boating equipment.

BUILDABLE AREA. The part of a lot or parcel of sufficient elevation to accommodate the principal building, a well and on-site sewer system (two locations), all of which meet applicable codes, ordinances and/or regulations.

BUILDING. Any structure of any kind for the shelter, support or enclosure of persons, animals, chattel (personal property) or property of any kind.

BUILDING, ACCESSORY. A subordinate structure on the same lot as the principal or main building or use.

BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.

BUILDING COVERAGE. The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area, expressed as a percentage.

BUILDING HEIGHT. The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.

BUILDING LINE. A line parallel to a lot line at the required setback or the ordinary high water level at the required setback beyond which a structure may not extend.

BUILDING OFFICIAL. The Building Official of Bridgewater Township or his or her authorized representative.

BUILDING PERMIT. Written permission issued by the proper township authority for the construction, repair, alteration or addition to any structure governed by this chapter.

BUILDING SETBACK. The minimum horizontal distance prescribed in this chapter between a building and a specified lot line or boundary.

BUILDING SETBACK LINE. A line parallel with the street right-of-way, private road, property line, ordinary high water mark or access easement, at the required setback beyond which a building may not extend.

BUILDING, TEMPORARY. A structure that has no electrical or water connections, no permanent foundation and is built to be movable when empty.

BULK REGULATIONS. Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, gross floor area, lot coverage, impervious surface coverage and yard requirements, but excluding residential density regulations.

CAMPGROUND. An area accessible by vehicle and containing camp sites for tents and trailer camping.

CENTRALIZED WATER AND SEWER SYSTEMS; CENTRALIZED UTILITIES. Utility systems serving a group of buildings, lots or an area of the ARD, with the design and construction of such utility systems as approved by the Planning Commission and/or the state.

CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable codes and ordinances at the time of occupancy.

CERTIFICATE OF SURVEY. Shows the boundary lines of a parcel or parcels and indicates monuments set at corners (or road right-of-way when abutting roads), angle points of the parcel or parcels and also at appropriate locations along boundary lines or lines where lines cannot be seen from corner to corner and there is a need to clarify building setback requirements. The SURVEY shall be tied into required and identified land corners. The drawing shall be prepared by or under the direct supervision of a state-registered land surveyor.

CHURCH (PLACE OF WORSHIP, RELIGIOUS INSTITUTION).

(1) A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs; and

(2) A special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

CLEAR-CUTTING. The removal of a major portion (more than 90%) of a stand of trees and woody vegetation. (See LOGGING, INTENSIVE VEGETATION and SHORELAND REGULATIONS.)

CLUSTER DEVELOPMENT. A subdivision development planned and constructed so as to group housing units into relatively compact patterns while providing a unified network of open space.

COMMON OPEN SPACE. Land use for agriculture, natural habitat, pedestrian corridors and/or recreation purposes, that is permanently protected from future development.

COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES. The Commissioner of the Department of Natural Resources or his or her designee within the Department.

COMMISSION. See PLANNING COMMISSION.

COMPREHENSIVE PLAN. The general plan for land use, transportation and community facilities of the City.

COMPOSTING. The aerobic decomposition of organic wastes to a relatively stable humus subject to further, slower decay, but sufficiently stable not to reheat or cause odor or insect infestation.

CONDITIONAL USE. A land use of development as defined by ordinance that would not be allowed without stipulated conditions, but may be allowed with appropriate restrictions as provided by official controls upon a finding that:

(1) Certain conditions as detailed in the zoning ordinance exist;

(2) The use or development conforms to the Comprehensive Plan; and

(3) The use is compatible with the existing neighborhood.

CONDITIONAL USE PERMIT. A permit specially and individually granted for a conditional use permitted in any use district.

CONSERVATION EASEMENT. A legal agreement restricting development of farmland or natural areas. Lands subject to a CONSERVATION EASEMENT are generally restricted to farming and open space uses. A CONSERVATION EASEMENT does not imply any right of public access, except for periodic monitoring by the agency or entity holding the easement.

CONSTRUCTION DEBRIS. Concrete, blacktop, bricks, stone facing, concrete block, stucco, glass, structural steel and wood from demolished structures. It shall also include waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings and roads, and any material as defined by the Minnesota Pollution Control Agency (MPCA) or permitted for deposit in construction debris disposal facilities by the agency, such as, but not limited to, foundry, sand, waste, shingles, tree waste, waste or water treatment plant lime sludge and street sweepings.

CONTIGUOUS. Next to, abutting or touching and having a common shared boundary, or portion thereof, that is coterminous. (See ABUT; ADJOINING LAND.)

CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.

CONTRACTOR’S YARD. Outdoor storage of materials and vehicles associated with a contractor’s office that shares the site.

COPY. A print or reproduction made from a drawing.

COTERMINOUS. Having the same border or covering the same area.

COUNTY. Rice County, Minnesota.

CROP EQUIVALENCY RATING. The weighted average per quarter-quarter section of land that represents the relative net economic return per acre of soil as reflected by the difference in productivity between soils, as determined by the University of Minnesota and adopted by the County Board of Commissioners.

DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or development guidance on a regular basis for periods of less than 24 hours a day, in a place other than the person’s own home. DAY CARE FACILITIES include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, developmental achievement centers, day treatment programs, adult day care centers and day services.

DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features attached or functionally related to a principal use or site.

DENSITY. The number of families, individuals, dwelling units, households or housing structures per unit of land.

DOMESTIC PETS. House pets such as dogs, cats and birds which can be contained within a principal structure throughout the entire year; provided that, containment can be accomplished without special modification to the structure requiring a building permit. In addition, this definition includes birds and rabbits normally sheltered outside the home.

DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person having enforceable proprietary interests in the land.

DEVELOPMENT. The act of building structures and installing site improvements; a group of buildings constructed as a unified project.

DISTRICT. A part, zone or geographic area within which certain zoning or development regulations apply.

DRAINAGEWAY. Any natural or artificial watercourse, including, but not limited to, streams, rivers, brooks, creeks, ditches, channels, canals, conduits, culverts, streams, waterways, gullies, ravines or washes, in which water flows in a definite direction or course, either continually or intermittently; and including any area adjacent thereto which is subject to inundation by reason of interflow or flood water.

DREDGING. The process by which soils, mostly in the form of silt, or other surface materials which are transported by surface water as a product of erosion into a body of water are removed for the purpose of deepening the body of water.

DRIVEWAY. The area used for vehicular access to an off-street parking area from a street, road or alley. DRIVEWAY shall also include the area used for vehicular access to areas of the lot other than an off-street parking area.

DUST-FREE. A minimum treatment of the native soil with a covering of asphalt, concrete, wood, masonry, gravel, oil penetration or soil-cement.

DWELLING, DETACHED. A dwelling unit that is entirely surrounded by open space on the same lot.

DWELLING, ENERGY EFFICIENT. A dwelling meeting the specifications of the state’s Energy Code.

DWELLING, SINGLE-FAMILY. A free-standing (detached) residence designed for or occupied by one family only, including manufactured homes that meet current federal U.S. Department of Housing and Urban Development (HUD) standards.

DWELLING, TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (See DWELLING, SINGLE-FAMILY ATTACHED.)

DWELLING UNIT. Two or more rooms within a structure that are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included for each dwelling. A mobile or manufactured home, with the above accommodations, located in areas approved for mobile or manufactured homes shall be considered a DWELLING UNIT. House trailers, camper-trailers, camper-buses or tents are not considered DWELLING UNITS.

EASEMENT. A grant by an owner of land for the specific use of the land by the public or to a person or persons.

EASEMENT, UTILITY. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, cable television lines, telephone poles, storm sewer or storm drainage and gas lines.

ENCROACHMENT, FLOODPLAINS, LIMITS OF OBSTRUCTION FLOWS. A method of determining the location of encroachment so that hydraulic capacity of floodplain lands on each side of a stream are increased by an equal amount when calculating the increases in flood stages.

EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

EROSION. The process by which the ground surface is worn away by action of wind, water, ice and gravity or other outside natural forces acting on it.

ESSENTIAL AND TRANSMISSION SERVICES. Overhead or underground electrical, gas, steam, chilled water or water transmission or distribution systems and structures, or collection, communication supply or disposal systems and structures used by public utilities or governmental departments or commissions or as required for protection of the public health, safety and welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, but not including buildings.

EXCAVATION or EXTRACTION. Any artificial movement of the earth within the ARD, dug, excavated or made by the removal from the natural surface of the earth of soil, sand, gravel, stone, industrial minerals or other non-metallic minerals or other matter or made by tunneling or breaking or undermining the surface of the earth.

EXOTIC ANIMALS. Any animal that is not normally domesticated in the United States or is wild by nature. EXOTIC ANIMALS include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of the hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:

(1) Non-human primates and prosimians (monkeys, chimpanzees, baboons);

(2) Felidae (lions, tigers, bobcats, cougars, leopards, jaguars, not domesticated cats);

(3) Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs);

(4) Ursidae (all bears);

(5) Reptilia (all venomous snakes, iguanas, turtles, lizards);

(6) Crocodilia (alligators, crocodiles);

(7) Proboscidae (elephants);

(8) Artiodactyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats);

(9) Procyonidae (raccoons, coatis);

(10) Hyaenidae (hyenas);

(11) Marsupialia (kangaroos, opossums);

(12) Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules);

(13) Edentata (anteaters, sloths, armadillos); and

(14) Viverridae (mongooses, civets and genets).

EXTERIOR STORAGE (INCLUDES OPEN STORAGE). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

FAMILY. An individual, or two or more persons related by blood, marriage or adoption, or up to six unrelated persons, living together as a single housekeeping unit in a dwelling unit.

FARM. A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming.

FEEDLOT. A fenced land area or building or combination thereof of fenced land area and buildings intended for the confined feeding, breeding, raising or holding of animals exceeding ten animal units and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.

FEMA. Federal Emergency Management Agency.

FIELD WINDBREAK. A strip or belt of trees or shrubs more than 100 feet in length, 50 feet or less in width, adjacent to or within a field.

FILL.

(1) A built-up piece of land, an embankment or the material, such as earth or gravel, used for this; and

(2) To build up the level of an area with earth, stones and the like.

FINAL APPROVAL. The last official action of the Planning Commission taken on a development plan that has been given preliminary approval, after all conditions and requirements of the preliminary approval have been met and the required improvements have either been installed or guarantees properly posted for their installation, or approved conditioned upon the posting of the guarantees.

FINAL PLAT. A drawing in final form, showing a proposed subdivision containing all information and detail required by state statutes and this chapter to be presented to the Planning Commission for approval, and which, if approved, shall be duly filed with the County Recorder.

FLOOD. A temporary rise in stream flow or flood stages that results in inundation of the normally dry areas adjacent to the channel.

FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded.

FLOOD FRINGE. The portion of the floodplain outside of the delineated floodway and which has been or hereafter may be covered by a regional flood. Land within a FLOOD FRINGE is subject to inundation by relatively low veloCity flows and shallow water depth.

FLOOD INSURANCE RATE MAP. The Flood Insurance Rate Map (FIRM) is produced by the Federal Emergency Management Agency (FEMA). The FIRM is the most common map and most communities have this type of map. At a minimum, flood maps show flood risk zones and their boundaries, and may also show floodways and base flood elevations (BFEs).

FLOODPLAIN. The channel of the floodplain outside of the delineated floodway and which has been or hereafter may be covered by the regional flood. FLOODPLAIN AREAS within the ARD shall encompass all areas designated as Zone A on the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (FEMA).

FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of damage caused by flooding.

FLOODWAY. The channel of the watercourse, the bed of a wetland or lake and those portions of the adjoining floodplains which are reasonably required to carry or store the regional flood discharge.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, including basements and attached accessory structures.

FLOOR AREA RATIO. The gross floor area of all buildings or structures on a lot divided by the total lot area.

FOREST LAND. Land not currently developed for non-forest use and having at least 20% stocking of deciduous trees. Contiguous areas of trees must have a minimum crown width of 120 feet and trees with a minimum diameter, measured at four and one-half feet above grade, of 12 inches to qualify as FOREST LAND. Land within ravines, on steep slopes, below the ordinary high water level, or a floodplain, shall not constitute FOREST LAND. Unimproved roads and trails, streams or other bodies of water or clearings in forest areas will not be classified as FOREST LAND. The minimum contiguous area for classification of forest land is one acre, minimum width is 120 feet and minimum canopy density is 60%.

FORESTRY. The use and management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings and fences.

FRONTAGE. The boundary of a lot that abuts an existing or dedicated public street.

GARAGE. An accessory building or accessory portion of the principal building that is intended for and used exclusively to shelter private passenger vehicles of a family or those families residing on the premises.

GARAGE, REPAIR. A building or space for the maintenance of vehicles, but not including auto wrecking or junk yards.

GARAGE SALE. Includes rummage sales, basement sales, yard sales, porch sales and all other periodic sales at a residential location intended for the limited purpose of isolated or occasional sales as defined by M.S. § 297A.67, subd. 23, as it may be amended from time to time, for the selling of used goods or home-crafted items by the residents thereof.

GOVERNING BODY. The Planning Commission of the City.

GOVERNMENT BUILDING. A building owned by a government agency that is used for an allowed use within the ARD.

GROUP FAMILY DAY CARE FACILITY. A state licensed day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence.

GRADE.

(1) The average elevation of the land around a building;

(2) The percent of rise or descent of a sloping surface; and

(3) The elevation of the surface of land at any particular point.

GRADING. Any excavating or filling of earthen materials or combination thereof, but not including normal agricultural operations.

HARDSHIP. As used in connection in the granting of a variance, the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls and the plight of the landowner is due to circumstances unique to the property, not created by the landowner. Economic considerations alone shall not constitute a HARDSHIP if reasonable use for the property exists under the terms of this chapter.

HAZARDOUS WASTE. Disposal of substances or material that, by reason of its toxic, caustic, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling in the proximity of, or otherwise coming into contact with such material or substance. As categorized by the U.S. Environmental Protection Agency (EPA), HAZARDOUS WASTE includes, but is not limited to, inorganic mineral acids of sulphur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium, arsenic and their common salts; lead, nickel and mercury and their inorganic salts, or metallo-organic derivatives; coals, tar acids, such as phenol and cresols and their salts; and all radioactive materials.

(SIGNIFICANT) HISTORIC SITE. Any archeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A HISTORIC SITE meets these criteria if it is presently listed on either register or it if determined to meet all the qualifications for listing after review by the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.

HOME OCCUPATION, PERMITTED. Any activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident’s dwelling unit.

HOME OCCUPATION, PERMITTED WITH INTERIM USE PERMIT. Any activity carried out for gain by a resident within an accessory building.

HOMEOWNER’S ASSOCIATION. A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating and maintaining the common open space and facilities.

HOMESTEAD, ABANDONED FARM. A site previously occupied by a farm dwelling and evidenced by a foundation, uninhabitable farm dwelling, windbreak, outbuildings or other observable physical features.

HUNTING CLUB. A private non-commercial site maintained by a membership organization for the purpose of hunting and related outdoor recreation.

IMPERMEABLE. Not permitting the passage of water.

IMPERVIOUS SURFACE. Any material that prevents absorption of storm water into the ground.

INCIDENTAL. Subordinate and minor in significance and bearing a reasonable relationship with the primary use.

INDIVIDUAL SEPTIC TREATMENT SYSTEM (ISTS). A system for the treatment and disposal of sanitary sewage in the ground on the lot upon which the primary use is located. A septic tank and soil absorption system or other individual cluster type sewage treatment systems as described and regulated under Minn. Rules Ch. 7080, as amended.

INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products commodities or other wholesale items.

INDUSTRIAL WASTE. Any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from the development of any natural resource.

INFECTIOUS WASTE. Laboratory waste, blood, regulated body fluids, sharps and research animal waste that has not been decontaminated.

INTENSIVE VEGETATION CLEARING. More than 90% removal of trees or shrubs in a contiguous patch, strip, row or block. (See CLEAR CUTTING, LOGGING.)

INTERIM USE. Temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use.

INTERIM USE PERMIT. A temporary permit issued by the Planning Commission granting approval of an interim use under conditions listed on said permit.

IRRIGATION SYSTEM. Any structure or equipment, mechanical or otherwise, used to supply water supplement normal rainfall including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds and reservoirs.

JUNK YARD. Land or buildings where waste, discarded or salvaged materials are brought, purchased, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles; provided further that, the storage of three or more inoperative and/or unlicensed motor vehicles for a period in excess of three months shall also be considered a JUNK YARD.

KENNEL, COMMERCIAL. Any structure or premises on which four or more animals over four months of age are kept for sale, breeding or profit.

LAND ALTERATION. The extraction, grading or filling of land involving movement of earth and materials in excess of 50 cubic yards in the Shoreland Districts and in excess of 500 cubic yards in all other areas.

LAND RECLAMATION. The recovery or restoration of wasteland, wetlands, marshes and the like by ditching, grading, filling or similar means. Any lot or parcel of land upon which 400 cubic yards or more of fill is to be deposited shall be LAND RECLAMATION.

LANDSCAPING. Plantings such as trees, shrubs and or seeding.

LAND USE PERMIT. Any permit required under this chapter, except building or structure permits.

LICENSE. A permit, granted by an appropriate governmental body, generally for a consideration, to a person, firm or corporation to pursue some occupation or to carry on some business subject to regulation under police power.

LICENSED ARCHITECT. A person licensed as a professional architect by the state.

LICENSED Day care FACILITY. Any public or private facility required to be licensed by a governmental agency that provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home. LICENSED DAY CARE FACILITIES include, but are not limited to: family day care homes; group family day care homes; day care centers; day nurseries; nursery schools; developmental achievement centers; day treatment programs; adult day care centers; and day services.

LICENSED ENGINEER. A person licensed as a professional engineer by the state.

LICENSED LAND SURVEYOR. A person licensed as a professional surveyor by the state.

LICENSED RESIDENTIAL CARE FACILITY. Any public or private facility required to be licensed by a governmental agency, that provides one or more persons with a 24- hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. RESIDENTIAL FACILITIES include, but are not limited to, state institutions under the care of the Commissioner of Human Services, foster homes, residential treatment centers, group homes, residential programs, supportive living residences for functionally-impaired adults or schools for handicapped persons.

LIVABLE SPACE. The total area, measured in square feet, of a story or stories of a residential dwelling that is used for living space.

LIVESTOCK WASTE STORAGE FACILITY. A diked enclosure, pit or structure for temporary disposal or storage of livestock wastes.

LOADING BERTH. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles and for the purpose of loading and unloading goods, wares, materials and merchandise.

LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.

LOGGING.

(1) The cutting of timber on any public or private land of one acre or more for the major purpose of selling the timber for a profit.

(2) This shall not include the selective cutting of trees by the property owner for the purpose of removing dead or diseased trees. (Also see CLEAR-CUTTING.)

LOT. A parcel of land legally described and recorded with the County Recorder.

LOT AREA. The gross lot area is the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, river, floodplain zone or floodway.

LOT, BUILDABLE. A separately described parcel of land, with or without buildings, used for or intended for occupancy or any use permitted under the provisions of this chapter, having not less than the minimum area required by this chapter for each use, excluding buildings to accommodate same, in the zoning district in which such lot is located and which abuts a public road, street or highway.

LOT, CORNER. A lot situated on the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT, INTERIOR. A lot other than a corner lot, including through lots.

LOTS, THROUGH. Any lot other than a corner lot that abuts more than one street.

LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line or ordinary high water mark or to the most distant point on any other lot line where there is no rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width.

LOT, DOUBLE FRONTAGE. Lots which have a front line abutting on one street and a back or rear line abutting on another street.

LOT, SUBSTANDARD. Any lot of record that does not meet the minimum lot area, frontage, setbacks or other dimensional standards of this chapter.

LOT LINE. A property boundary line of any lot held in separate ownership except that where any portion of the lot extends into the abutting alley or street, the lot line shall be deemed to be the street or alley right-of-way line.

LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street. A corner lot shall be deemed to have frontage on both streets. Where a lot does not abut a public dedicated road, the FRONT LINE shall be designated by the Zoning Administrator.

LOT LINE, REAR. The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the REAR PROPERTY LINE shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to the front property line.

LOT LINE, SIDE. Those lines of a lot that begin at the point of intersection with a public right-of-way and then run away from the right-of-way. Any boundary of a lot that is not a front lot line or rear lot line.

LOT WIDTH. The horizontal distance between the side lot lines of a lot, parallel to the front lot line and measured at the minimum required front yard setback.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest elevation.

MAINTENANCE AND MINOR REPAIRS. Includes repair of doors, floors and eave troughs, repainting and stuccoing of exteriors, interior redecorating, foundation or basement repair, new heating, air-conditioning and plumbing equipment or repair of present equipment; each of which may be done in total, or in part, except the structure shall not be expanded in any way.

MANUFACTURED (MOBILE) HOME/PREFABRICATED BUILDING. A residential unit constructed at a factory or assembly point, designed for year round occupancy and moved to the site in one or more sections. Trailers, campers, buses are not included.

MANUFACTURING, LIGHT INDUSTRY. Any enterprise that includes the compounding, processing, packaging, treatment or assembly of products and materials; provided, the use will not violate the performance standards found in this chapter.

MASS GATHERING. Any outdoor event, or one held in a structure or tent, attended by more than 100 persons over any two-hour period. Non-recurring auctions and family events, such as family reunions, graduation parties, baptisms, confirmations and the like and public community events shall not be considered a MASS GATHERING.

MEAN FLOW LEVEL. The average flow elevation of a stream or river computed as a mid-point between extreme low and extreme high water.

METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map or a recorded plot, but is described by starting at a known point and describing the bearing and distances of the line forming the boundaries of the property.

MINING. The extraction of sand, gravel, rock, soil, peat or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site without processing shall be MINING. The only exclusion from this definition shall be removal of materials associated with construction of a building or structure; provided, the removal is an approved item in the building permit.

MINING OPERATION. The removal of stone, sand and gravel, peat, black dirt, topsoil or other material from the land for commercial, industrial, residential or governmental purposes.

MIXED-USE BUILDING. A building that combines two or more uses, typically with non-residential (commercial or office) uses on the ground floor and residential uses, offices or studios above.

MOTOR VEHICLE. The meaning given to this term in M.S. § 168.002, subd. 18, as it may be amended from time to time, and also includes a park trailer as defined in M.S. § 168.002, subd. 34, as it may be amended from time to time, and a horse trailer as defined in M.S. § 168.27, subd. 1, as it may be amended from time to time.

NATURAL WATERWAY. A natural passageway on the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area.

NON-CONFORMING STRUCTURE or NON-CONFORMING USE. A structure or use lawfully in existence on the effective date of adoption of this chapter and not conforming to the new regulations for the district in which it is situated.

NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on physical or economic well-being of individuals.

NURSERY, DAY. A facility where care is provided for pay for three or more children for periods of four hours or more per day.

NURSERY, LANDSCAPE. A business that grows or sells trees, flowering and decorative plants and shrubs.

OBSTRUCTION (WATERWAY). Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water or that is placed where the flow of water might carry the same downstream to the damage of life or property.

OFFICE. A room or group of rooms used for the management of affairs of an establishment or for the non-retail, non-production conduct of affairs of a service, professional, institutional or business nature.

OFFICIAL CONTROL. Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of the ARD and are the means of translating into ordinances all or any part of the general objectives of the Comprehensive Plan. The OFFICIAL CONTROLS may include, but are not limited to, ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps.

OFFICIAL MAP. A map established by the Planning Commission, in accordance with state statutes, showing streets, highways, parks and drainage, both existing and proposed. (This map should not be confused with the zoning map.)

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment of the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring the open space.

OPEN SPACE RECREATIONAL USE. Recreation use particularly oriented to and utilizing the outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides parks and recreation areas.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

OUTLOT. A parcel of land on a plat that is unbuildable with the exception of public buildings, essential services and parks. This designation may be due to insufficient size or frontage, peculiar site characteristics, a lack of public improvements or necessary replatting to utilize any remaining building rights. It may also delineate the area from which development rights have been taken to allow clustering on contiguous parcels to preserve open space.

OVERHANG.

(1) The part of a roof or wall that extends beyond the facade of a lower wall; and

(2) The portion of a vehicle extending beyond the wheel stops or curb.

OWNER. An individual, firm, association, syndicate, partnership, limited liability company, corporation, trust or any other legal entity having a legal or equitable interest in land.

PARCEL. See LOT.

PARKING SPACE. A suitably surfaced and permanently maintained area on privately-owned property either within or outside of a building and of sufficient size to store one standard automobile.

PERMIT. The granting of authority by a governmental body to conduct certain activities.

PERMITTED USE. A use that is expressly permitted within a district established by this chapter; provided that, the use conforms with all requirements, regulations and performance standards (if any) applicable thereto.

PERSON. An individual, to include both male and female, and shall also extend and be applied to bodies political and corporate and to partnerships and other unincorporated associations.

PLANNING COMMISSION. The duly appointed Planning Commission of the City and the sole governing body of the Annexation Reserve District.

PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units, dwelling sites or other building sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases and/or mix of structure types and land uses.

PLAT. A map or drawing which geographically delineates the boundary of land parcels for the purpose of identification and record of title. The PLAT is a recorded legal document and must conform to all state laws.

PLATTED AREAS. A parcel of land described by block and lot.

PORTABLE BUILDING. A structure that can be easily moved when empty and which is not on a permanent foundation (i.e., sheds, fish houses and the like).

PREFABRICATED HOME. A non-mobile housing unit, the walls, floors and ceilings of which are constructed at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.

PRELIMINARY PLAT. A map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.

PRINCIPAL BUILDING OR STRUCTURE. A building in which is conducted the principal use of the lot on which it is located.

PRINCIPAL USE. The primary or main use of land and/or buildings upon same. PRINCIPAL USES shall be generally categorized as agricultural, residential, commercial or industrial. If a use is mixed or might qualify under more than one of the general categories, the Planning Commission shall determine which category is applicable.

PROHIBITED USE. A use that is not permitted in a zoning district.

PROPERTY. A lot, parcel or tract of land together with the building and structures located thereon.

PROPERTY LINE. The legal boundaries of a parcel. For setback purposes, a road right-of-way will be considered a PROPERTY LINE.

PUBLIC LAND. Land owned or operated by municipal, school district, county, state or federal governmental units.

PUBLIC ROAD. Those roads under the direct authority of the town, the county, the state or the federal government.

PUBLIC WATERS. Those waters of the state identified as public waters or wetlands under M.S. § 103G.005, subd. 15 and subd. 15a, as it may be amended from time to time.

PUBLICATION. Notice placed in the official newspaper stating the time, location, date of meeting and description of topic(s).

QUARTER-QUARTER SECTION. A square measure of approximately 40 acres having one quarter of a quarter section and lying wholly within a single section. Correction lines required by the Rectangular Survey System which result in a quarter-quarter section of less than 40 acres shall constitute a QUARTER-QUARTER SECTION for purposes of this chapter.

REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.

RECREATIONAL VEHICLES. Travel trailers including those that telescope or fold down, chassis mounted campers, house cars, motor homes, tent trailers, slip in campers and converted buses that provide temporary living quarters. A vehicle is considered RECREATIONAL if it:

(1) Is not used as the residence of the owner or occupant;

(2) Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities;

(3) Is self-propelled or towed on the public streets or highways incidental to the recreational or vacation activities; and

(4) Is licensed as a motor vehicle and is maintained in road-ready condition.

REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the 100-YEAR FLOODPLAIN and with the term BASE FLOOD used in the Flood Insurance Rate Map.

REGISTERED LAND SURVEY. A survey map or registered land designating the same into a tract or tracts of a registered land survey number, prepared by a licensed land surveyor in the state. See M.S. § 508.47, as it may be amended from time to time.

REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain that result from designation of a floodway. It is the elevation to which uses regulated by this chapter are required to be elevated or flood-proofed.

RELIGIOUS FACILITY (CHURCH). An institution primarily used for the gathering of people for the practice of religious faith.

REPAIRABLE MOTOR VEHICLE. A motor vehicle that can be repaired, rebuilt or reconditioned for further use consistent with its usual functions. Must be currently licensed and insured. This term does not include a motor vehicle that has value only for its component parts.

RESIDENTIAL USE. A permanent place of residence for a family.

RESORT. A development consisting of buildings, camping spaces, parking areas and recreation areas, for lease or rent for short-term residence, on one tract of land, under one ownership for the purpose of vacationing, relaxation or recreation.

RETAIL SALES. Stores and shops selling personal service or goods to consumers.

RIGHT-OF-WAY.

(1) The land covered by a public road or other land dedicated for public use or for certain private use, such as land over which a power line passes;

(2) A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipelines, water line, sanitary storm sewer and other similar uses; and

(3) Generally, the right of one to pass over the property of another.

ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however designated.

SALVAGE YARD. Any use that involves or includes the storing, keeping, salvaging and/or holding for sale of all or parts of the following: unlicensed and/or inoperable motor vehicles; farm machinery and equipment unless uses as part of a farm operation or unless held for sale under a permit authorized by this chapter; scrap iron and scrap metals; and any other item or items which no longer customarily serve the purpose for which they were designed.

SCREENING. The method by which a view of one site from another adjacent site is shielded, concealed or hidden. SCREENING TECHNIQUES include fences, walls, hedges, berms or other features.

SELF-SERVICE STORAGE FACILITY. An establishment designed and used for the purpose of renting or leasing storage spaces to tenants who have sole access to the space for the storage of personal property.

SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other feature.

SEWAGE. Any water-oriented domestic waste, exclusive of subsurface and roof drainage, from any industrial, agricultural or commercial establishment, or any dwelling or other structure. Domestic waste includes liquid waste produced by toilets, bathing, laundry, culinary operations and the floor drains associated with these sources, and specifically excludes animal waste and commercial or industrial wastewater.

SEWAGE TREATMENT SYSTEM. Septic tank and soil absorption system or other individual or cluster-type sewage treatment system as described and regulated in this chapter.

SEWER SYSTEM. Pumping force main, pipelines or conduits, and all other construction, devices, appliances or appurtenances used for conducting sewage, industrial waste or other wastes to a point of ultimate disposal.

SHORE IMPACT ZONE. Land located between the ordinary high water level of public water and a line parallel to it as a setback of 50% of the normal structure setback.

SHORELAND.

(1) Land defined on the official zoning map, and generally extending:

(a) One thousand feet from the ordinary high water level of a lake, pond or flowage; and

(b) Three hundred feet from a river or stream or the landward extent of a floodplain.

(2) SHORELANDS may also be defined as a physical feature such as a ridgeline, change in topography or roadway that generally parallels the shoreline, or by the boundary of an existing developed area.

SHORELAND SETBACK. The minimum horizontal distance between a structure and the ordinary high water level.

SIGHT DISTANCE TRIANGLE. A triangular shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted or allowed to grow in a manner as to limit or obstruct the sight distance of motorists entering or leaving an intersection. The TRIANGLE shall be defined beginning at the intersection of the projected curb (or road edge) lines of two intersecting streets or at the intersection of projected curb lines (or road edge) where a driveway intersects a street, measured 25 feet along each curb line (road edge) and connected by a diagonal line.

SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.

SIGN, ELECTRONIC. A sign containing a display that can be changed, by electrical, electronic or computerized process.

SIGN, OFF-PREMISES (BILLBOARD). A sign that directs attention to a business commodity, service, activity or entertainment not conducted, sold or offered upon the premises where the sign is located.

SIGN, SURFACE AREA OF. The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surfaces. It does not include any structural elements outside the limits of the sign and not forming an integral part of the display.

SIGN, TEMPORARY. A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wall board or similar material and intended to be displayed for a limited period of time, but does not include candidate advertisements.

SITE. Any lot or parcel or combination of lots or parcels assembled for the purpose of development.

SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, indication of the north direction, vegetation, drainage, floodplains wetlands and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development and any other information that reasonably may be required in order that an informed decision can be made by the Planning Commission.

SKETCH PLAN. A concept drawing indicating a proposed subdivision of property. This plan is not necessarily drawn to scale and exact accuracy is not a requirement.

SOIL SURVEY. A soil map or inventory of the soils of an area and a report of text describing the kinds of soils shown on the map and summarizing what is known about these soils, including their classification and capabilities.

SOLID WASTE. Garbage, refuse and other discarded solid materials, except animal waste used as fertilizer, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. SOLID WASTE does not include earthen fill, boulders, rock and other materials normally handled in construction operations, solid or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

SOLID WASTE MANAGEMENT FACILITY. Any tract or parcel of land, including any constructed facility used for the treatment of, or preliminary, intermediate or final disposal of solid waste, including, but not limited to, transfer station, incineration, composting, waste reduction and landfill disposal.

STEEP SLOPE. Lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more.

STORY. The portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for principal use.

STORY, HALF. The part of a building under the gable, hip or gambrel roof, the wall plates of which are not more than four feet above the floor.

STREET. A public way for vehicular traffic, whether designated as a street, highway, arterial, collector, road, avenue, land, place or otherwise designated. STREET CLASSIFICATIONS include the following.

(1) ARTERIAL STREET OR HIGHWAY. A street or highway designed primarily to serve as a link between various sectors of the ARD and beyond.

(2) COLLECTOR STREET. A street designed to serve the internal traffic circulation of a recognized land use area which distributes and collects traffic from local streets and connects with highways and/or arterial streets.

(3) CUL-DE-SAC. A comparatively short street having but one end open to traffic and the other end being permanently terminated by a vehicular turn-around.

(4) LOCAL STREET. A street designed for access to abutting property not intended to facilitate through traffic.

(5) PRIVATE STREET. A street serving as vehicular access to a parcel of land which is not dedicated to the public, but is owned by one or more private parties.

(6) SERVICE ROAD. A minor street which is parallel and adjacent to an arterial street or highway and which provides access to abutting properties.

STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.

STRUCTURE. Anything constructed or erected that requires location on the ground or is attached to something having a location on the ground. See also BUILDING.

SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land whether for that person or for another.

SUBDIVISION. The division of any parcel of land into two or more lots, blocks and/or sites, including the resubdivision of land.

SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, bait shops, campgrounds and restaurants with transient docking facilities are examples of the use.

TEMPORARY. The use of land, or a structure, that occurs or exists for a short, limited period of time, as distinguished from uses and structures that are permanent.

TOWER. Any ground or roof mounted pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the use of mounting an antenna, meteorological device, wind turbine or similar apparatus above grade.

TOXIC SUBSTANCE. Any single pollutant or combination of pollutants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death, mutations, deformities or malfunctions in the organisms or their offspring and that adversely affect the environment.

TRANSFER OF DEVELOPMENT RIGHTS. The conveyance of development rights by deed, easement or other legal instrument authorized by the County Recorder to another parcel of land, and the recordation of that conveyance in the land records of the county.

TRAVEL TRAILER. A vehicle without motor power used for or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet Building Code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place and includes camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the approved State Building Code.

USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on or intended to be carried on, in a building or other structure or on a tract of land.

USED MOTOR VEHICLE. A motor vehicle for which title has been transferred from the person who first acquired it from the manufacturer, distributor or dealer. A new motor vehicle will not be considered a USED MOTOR VEHICLE until it has been placed in actual operation and not been held for resale by an owner who has been granted a certificate of title on the motor vehicle and has registered the motor vehicle in accordance with M.S. Ch. 168, 168A and 297B, as they may be amended from time to time, or the laws of the residence of the owner.

VARIANCE. Written approval waiving the literal provisions of this chapter in instances where the strict enforcement would cause undue hardship because of physical characteristics unique to the parcel of property under consideration and that are not created by the owner and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter.

WASTE. Infectious waste, nuclear waste, pathological waste, sewage sludge, solid waste, waste water, process water and hazardous waste.

WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above-ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached decks. No bathroom, kitchen facilities or bedrooms are permitted.

WATER-ORIENTED COMMERCIAL RECREATION. The principal use of land or buildings in a Shoreland District for the sale, lease, rental or trade of products, goods and services that relate to a nearby body of water and could not be effective if operated away from a body of water. Examples include: fishing and bait shops; and boat and canoe rentals.

WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have hydric soils, predominantly hydric vegetation and display wetland hydrology. WETLANDS are further defined in the Wetland Conservation Act, M.S. §§ 103G.222 through 103G.2372, as they may be amended from time to time.

YARD. A required open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for such accessory buildings or such projections as are expressly permitted in this chapter. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and any building.

YARD, FRONT. An unoccupied and unobstructed space on the same lot with a building extending along the full width of a front lot line and situated between the front line of the building and the front lot line.

YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.

YARD, SIDE. A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either front or rear yards, to the front or rear lot lines.

ZONING ADMINISTRATOR. The person, regardless of job title, designated to supervise the application of this chapter and to enforce the provisions thereof.

ZONING AMENDMENT. A change recommended by the Planning Commission and authorized by the City Council and the Bridgewater Town Board either in the allowed use within a district or in the boundaries of a district.

ZONING DISTRICT. An area or areas within the limits of the Annexation Reserve District for which the regulations and requirements governing use are uniform. District boundaries are shown on the official zoning map.

ZONING MAP. The map or those maps incorporated into and being a part of this chapter designating zoning districts, and as amended from time to time.

ZONING ORDINANCE. Zoning regulations controlling the use of land as adopted by the City’s Planning Commission and City Council under this chapter.

§ 155.04 ADMINISTRATION.

(A) Zoning Administrator. The Zoning Administrator shall be responsible for review and processing of all development applications and building permit applications to ensure compliance with the standards of the Annexation Reserve District. Building permit applications for interior work and exterior maintenance (such as roofing, siding, windows and the like) are exempt from this review.

(B) Zoning applications covered. Certain applications of this zoning district require study and action by the Planning Commission. These include proposed conditional use permits, interim use permits, variances, site plan reviews, zoning map amendments, text amendments and appeals.

(1) Purpose. The costs to the City for receiving, analyzing, processing, hearing and final processing of requests for changes, modifications or special consideration under this chapter such as requests for an amendment (map or text), site plan review, conditional use permits, interim use permits and variances are considered to be unique to the applicant requesting the consideration, and it is the intent of this chapter to provide that all costs of the City occasioned by the requests shall be borne by the applicant. Actual costs shall include all engineering, legal, planning or other consultant fees or costs paid by the City for other consultants for expert review of a development application.

(2) Fees. The following fees are established in accordance with § 34.01 of this code of ordinances and listed under the following sections: Sign Permit, Consultation Fees and Development/Zoning/Building Review Fees.

(D) Site plan review.

(1) Purpose. The purpose of this division (D) is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards consistent with the requirements of this chapter.

(2) Site plan review process.

(a) Timeline. Pursuant to M.S. § 15.99, as it may be amended, supplemented or replaced from time to time, an application shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the Planning Commission in accordance with state statutes or a time waiver is granted in writing by the applicant.

(b) Building permits. The Building Official shall approve all plans prior to the issuance of any building permit.

(c) Presentation of the application. The applicant or a representative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the request. Failure of the applicant or a representative of the applicant to appear at the Planning Commission may constitute grounds for rejection of the application.

(3) Plans required. In order to evaluate compliance with building performance standards, five copies and one electronic file of the following plans and/or specifications, shall be submitted in fulfillment of the requirements of this chapter. Plans to be submitted shall be to scale and shall include:

(a) Topographic map prepared by a licensed surveyor with: contours at one-foot intervals; property boundaries and legal description; all on-site improvements shown; adjacent streets with curb lines and spot elevations at top of curb (or edge of pavement if no curb); existing utilities and service connections; trees over six inches in diameter identified or tree lines if grouped; existing telephone, gas, electric and cable utilities identified as overhead or underground;

(b) Proposed grading, drainage and erosion control plan with: all proposed improvements; proposed contours; proposed drainage system plan; proposed erosion control facilities. Drainage system plan design objective should be to provide controls such that post-development runoff does not exceed predevelopment runoff. Plans and specifications shall be prepared by an architect or engineer, as appropriate, licensed to practice in the state;

(c) Landscape plans shall be required in order to determine compliance with the § 155.10 of this chapter. All landscape plans submitted for approval shall contain or have attached thereto the following information:

1. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, lighting, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities and other freestanding structural features;

2. The location, quantity, size and name, both botanical and common names, of all proposed planting materials;

3. Existing and proposed grading of the site, including proposed berms, indicating contours, at one-foot intervals;

4. Specification of the type and boundaries of all proposed ground cover;

5. Irrigation plan, if proposed;

6. Elevations, cross-sections of fences, and other details as determined necessary by the Zoning Administrator; and

7. Location, size and name of existing trees, if any, and any unique or special areas of existing vegetation.

(d) Building plans shall be to scale, to include: interior floor layout and usage; UBC (State Building Code) occupancy group; exterior elevation renderings identifying exterior materials and all architectural features. Plans and specifications shall be prepared by an architect or engineer, as appropriate, licensed to practice in the state;

(e) A signage plan shall be submitted per § 155.10 of this chapter;

(f) Exterior lighting plan to be prepared by a licensed electrical engineer or electrician, as appropriate;

(g) Geotechnical investigation (if required by the Zoning Administrator); and

(h) Copies of soils reports shall accompany the plans, if applicable.

(4) Plan agreements. All site and construction plans officially submitted shall be treated as a formal agreement between the owner/developer, building contractor and the Planning Commission. Once approved, no changes, modifications or alterations shall be made to any site plan detail, standard or specification without prior submission of a plan modification request to the Building Official and the Zoning Administrator for review and approval.

(5) Enforcement. The Building Official shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official, or the Zoning Administrator.

(6) Lapse of approval. Unless otherwise specified by the Zoning Administrator or the Planning Commission as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

(7) Building Code. The review and approval of site improvements pursuant to the requirements of Bridgewater Township adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of the Building and Fire Codes.

(E) Conditional use permits, interim use permits, variances and amendments.

(1) Process. An application for a conditional use permit, interim use permit, variance or zoning text or map amendment shall be processed in accordance with the following procedure.

(a) Timeline. Pursuant to M.S. § 15.99, as ir may be amended, supplemented or replaced from time to time, an application shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the Planning Commission in accordance with state statutes or a time waiver is granted in writing by the applicant.

(b) Application. Applications shall be filed with the Zoning Administrator on an official form, accompanied by a fee as established by this chapter. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed request and a list of property owners located with 350 feet of the subject property. The number of copies to be provided and any additional data shall be determined by the Zoning Administrator. Applications must be complete before they are accepted. A complete application must include the following information and steps:

1. A completed application form(s) relating to the request signed by the property owner and applicant(s), if different than the property owner;

2. All supporting information required by this section and/or outlined in all pertaining sections of this chapter and application documents included with the application forms;

3. Payment of all fees associated with the applicable applications(s);

4. A pre-application meeting with the Zoning Administrator to review appropriate application procedures and requirements is strongly encouraged;

5. An application will be deemed complete unless the Zoning Administrator sends notice within 15 business days of submission of the application indicating that it is not complete and indicating what information is missing; and

6. Upon receipt of a complete application, the request will be scheduled for action by the Planning Commission.

(c) Public hearing required. A public hearing is required for all zoning text or map amendments, conditional use permits, interim use permits, variance requests or appeals.

(d) Notice of hearing. After receipt of a complete application, the Zoning Administrator shall set a date for the public hearing. Notice of the hearing shall consist of a legal property description, a general description of the property location and a description of the request to be published at least ten days prior to the hearing in the official newspaper of the Planning Commission. Written notices shall be mailed not less than ten days, nor more than 30 days, prior to the hearing to all owners of property, according to the records available within 350 feet of each parcel included in the request. Failure to send, or a property owner to receive notice, shall not invalidate any proceedings under this chapter; provided that, a bona fide attempt has been made to comply with the requirements of this chapter.

(e) Presentation of the application. The applicant or a representative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the request. Failure of the applicant or a representative of the applicant to appear at the Planning Commission may constitute grounds for denial of the application.

(f) Adverse effects. The Planning Commission shall consider possible adverse effects of the proposed amendment, conditional use, interim use or variance. Its judgment shall be based upon (but not limited to) the following factors:

1. The proposed action shall be consistent with the policies and plans in the Comprehensive Plan adopted for the ARD;

2. The proposed action shall be consistent with performance standards as outlined in § 155.10 of this chapter;

3. The proposed use can be accommodated with existing public services; and

4. Approval of a request shall require passage by a majority vote of the Planning Commission. Any changes to the boundaries of land designated as future industrial (see § 155.14 of this chapter) shall require approvals as described in the annexation agreement.

(g) Notice to applicant. The Zoning Administrator shall notify the applicant of the decision of the Planning Commission in writing, including any relevant resolutions and findings.

(h) Filing of notice of action. A certified copy of any conditional use permit, interim use permit or variance authorized under this chapter shall be filed with the County Recorder and a copy of any action approved under this chapter shall be filed with the Zoning Administrator. Filing shall be the responsibility of the applicant.

(i) Reconsideration. Whenever an application has been considered and denied by the Planning Commission, a similar application affecting substantially the same property shall not be considered again by the Planning Commission before the expiration of six months from the date of its denial and any succeeding denials. However, a decision to reconsider the matter may be made by not less than an affirmative vote of five members of the Planning Commission.

(j) Automatic expiration. Unless otherwise specified by the Planning Commission at the time it is authorized, a conditional use permit, interim use permit or variance approval shall be null and void and expire if the applicant fails to implement the approval and fulfill each and every condition attached thereto within one year from the date of its authorization.

(k) Building permits required. No person, firm or corporation shall construct, erect, alter, demolish or move any building or structure or parts thereof within the ARD without first securing a building permit from Bridgewater Township. No building permit shall be issued by the Building Official for construction of a new building within the ARD prior to review and approval of the Zoning Administrator to ensure compliance with this chapter and the Comprehensive Plan.

(2) Site improvement performance agreement. Upon approval of a conditional use permit, interim use permit, site plan review and/or variance, the Planning Commission may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvements or development. The agreement shall guarantee conformance and compliance with the conditions of the approval and this chapter. The performance agreement shall be prepared and approved by the attorney acting on behalf of the Planning Commission and shall include, without limitation, the following terms and conditions.

(a) Performance security. The applicant shall be required to provide financial security to assure compliance with the agreement and conditions of approval. The security shall be in the form of cash escrow or irrevocable letter of credit. The security shall be in an amount determined by the Zoning Administrator or Building Official under the direction and approval of the Planning Commission, to cover the estimated costs of labor and materials for the proposed improvements or development.

(b) Security release. The Planning Commission shall hold the financial security until the proposed improvements or development are completed and a certificate of occupancy indicating compliance with the application approval and the Building Code has been issued by the Building Official.

(c) Security forfeiture. Failure of the applicant to comply with the conditions of the application approval and/or of this chapter shall result in the forfeiture of the security.

(d) Hold harmless and indemnification of the Planning Commission. The applicant shall agree to indemnify and hold harmless the Planning Commission, its agents, representatives and consultants against any and all claims, demands, losses, damages and expenses (including attorney’s fees) arising out of, related to or resulting from the applicant’s negligent or intentional acts, or any violation of any safety law, regulation or code in the implementation of the performance agreement, without any regard to any inspection or review made or not made by the Planning Commission, its agents, employees, representatives or consultants or failure to take any other prudent precaution. In the event any Planning Commission agent or representative shall come under the direct or indirect control of the applicant, or the Planning Commission, upon failure of the applicant to comply with any conditions of the approval, performs the conditions pursuant to the security or the terms and conditions of the agreement, the applicant shall indemnify and hold harmless the Planning Commission, its agents, representatives and consultants for its own negligent or intentional acts in the performance of the applicant’s required work under the permit.

(3) Amendments to zoning text or zoning map (rezoning).

(a) The City Council, Town Board or Planning Commission may initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the ARD may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate. No changes to the district boundaries shall be made without an amendment to the annexation agreement.

(b) Text amendments shall be subject to review and comment by the Bridgewater Township Town Board and final approval by the Dundas City Council.

1. The information requested on the zoning amendment form;

2. A statement explaining the reason for the requested change in zoning;

3. A statement regarding the compatibility of the requested change with the Comprehensive Plan; and

4. A map, plot plan or survey plot of the property or properties to be rezoned which illustrates the location, dimensions, zoning, existing uses and buildings located on adjacent properties within 350 feet.

(d) The Planning Commission shall not approve a petition to rezone property unless findings are made that the petition is consistent with the intent of the annexation agreement, Comprehensive Plan and that the new zoning district permits uses that are consistent with the trend of development in the area near the property to be rezoned.

(e) Zoning amendments shall not become effective until such time as the Planning Commission approves an ordinance reflecting the amendment and it is adopted by the City Council and published in the official newspaper.

(4) Conditional use permits.

(a) The conditional use permit application shall be accompanied by a site plan which shall include the following information:

1. Location of all buildings on lots including both existing and proposed structures;

2. Location and number of existing and proposed parking spaces;

3. Lot dimensions and area;

4. Existing and proposed setbacks of all buildings to be located on the property in question; and

5. A legal description of property under consideration.

(b) In making its determination on a proposed conditional use, the Planning Commission may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises and any other factor(s) the Planning Commission deems necessary in its consideration for determining the effect of the use on the general welfare, public health and safety.

(c) 1. Granted conditional use permits shall become void if the applicant does not proceed substantially on the work within six months, if applicable. To proceed substantially means to make visible improvement to the property. One or more extensions for not more than six months each may be granted by the Planning Commission for good cause.

2. If the land does not conform to the conditions of the permit, the conditional use permit may be revoked after notice to the applicant of a public hearing for the intended revocation and passage of a resolution by the Planning Commission to that effect.

(5) Interim use permits.

(a) Purpose and intent. The purpose and intent of allowing interim uses is:

1. To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;

2. To allow a use that is presently judged acceptable by the City’s Planning Commission, but that with anticipated development or redevelopment, will not be acceptable in the future or may be replaced in the future by a permitted or conditional use allowed within the district; and

3. To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan; provided that, the use maintains harmony and compatibility with surrounding uses and is in keeping with the general character of existing uses and development.

(b) Criteria. The Planning Commission shall consider possible effects of the proposed interim use. Its judgment shall be based upon, but not limited to, consistency with the Comprehensive Plan for the ARD and the factors outlined herein.

(c) General performance standards. As may be applicable, the evaluation of any proposed interim use permit request shall be subject to and include, without limitation:

1. The date or event that will terminate the use shall be identified with certainty;

2. The use is allowed as an interim use in the Annexation Reserve District;

3. The use shall not impose additional unreasonable costs on the public; and

4. The user agrees to conditions that the Planning Commission deems appropriate for permission of the use.

(d) Termination. An interim use shall terminate upon the happening of any of the following events, whichever occurs first:

1. Upon the date or event stated in the permit;

2. Upon violation of any condition under which the permit was issued;

3. Upon change in this chapter that renders the use non-conforming;

4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district; and

5. Annexation of the land to the City.

(e) Revocation. If an approved interim use permit is in violation the conditions of permit approval, the Planning Commission may revoke the interim use permit. The Planning Commission shall conduct a public hearing to consider the revocation of an interim use permit. Notifications of the hearings shall be distributed and published according to division (E)(1)(d) above.

(6) Variances.

(a) Establishment of Board of Adjustment. The Planning Commission is hereby established as the Board of Adjustment and vested with the authority as is provided by state statutes. The findings and rulings of the Board of Adjustment shall be final.

(b) Purpose. A request for variance from the literal provisions of this chapter may be made in instances where strict enforcement would cause undue hardship to the property owner, due to the physically unique characteristics of the property beyond the property owner’s control. No variance or modification of the uses permitted within a district shall be allowed, except as an official amendment to this chapter. Economic considerations alone shall not constitute a hardship.

(c) Findings of fact. In acting upon the request for a variance the Planning Commission shall make the following findings of fact:

1. The proposed variance will not impair an adequate supply of light and air to adjacent property;

2. The proposed variance will not unreasonably increase the congestion in the public street;

3. The proposed variance will not unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this chapter;

4. The applicant’s property has unique physical characteristics that are not generally similar to other properties in the same zoning district; and

5. The applicant will experience undue hardship, other than economic hardship, if the variance is not approved.

(d) Lapse of variance. Whenever within one year following the granting of a variance or appeal, the work as permitted has not been completed or substantially completed, then the variance or appeal shall become null and void.

(F) Non-conforming buildings, structures and uses.

(1) Purpose. The purpose of this division (F) is to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. It is the intent of this division (F) that all non-conforming uses shall be eventually brought into conformity.

(2) General provisions.

(a) Any structure or use lawfully existing upon the effective date of this chapter may be continued through repair, replacement, restoration, maintenance or improvement at the size and in the same manner of operation existing upon the date. Furthermore, an expansion of the non-conformity may be permitted by the Board of Adjustment; provided, reasonable regulations to prevent and abate nuisances and to protect the public health, welfare and safety are included as conditions of the expansion.

(b) If a non-conforming building, structure or use is destroyed to the extent of more than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, then the building and the land on which the building was located shall be subject to all the regulations specified by this chapter for the district in which it is located. If the damage is less than 50%, the building may be restored to its former condition, if it is reconstructed within 12 months after the date of the damage.

(c) Normal maintenance of a building or other structure containing or relating to a lawful non-conforming use is permitted, as long as such repairs or alterations do not physically extend or intensify the non-conforming use.

(d) In the event that a non-conforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

(3) Non-conforming uses in the floodplain. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions.

(a) No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.

(b) Any alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in the regulations of the Floodplain Overlay District.

(c) A municipality shall regulate the use of non-conforming lots of record and the repair, replacement, maintenance, improvement or expansion of non-conforming uses and structures and setbacks according to the following:

1. A non-conforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements; provided that:

a. All structure and septic system setback distance requirements can be met;

b. A Type 1 sewage treatment system consistent with Minn. Rules Ch. 7080 can be installed or the lot is connected to a public sewer; and

c. The impervious surface coverage does not exceed 25% of the lot.

2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. Rules Ch. 6120;

b. The lot must be connected to a public sewer, if available, or must be suitable for installation of a Type 1 sewage treatment system consistent with Minn. Rules Ch. 7080 and local government controls;

c. Impervious surface coverage must not exceed 25% of each lot; and

d. Development of the lot must be consistent with the adopted Comprehensive Plan.

3. If a lot does not meet the requirements of division (F)(3)(c)2. above, it must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible. Notwithstanding, contiguous non-conforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minn. Rules Ch. 7080 or connected to a public sewer.

4. In evaluation of all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setbacks, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities and other conservation-designed actions.

5. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the created parcel is combined with an adjacent parcel.

(d) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months.

(e) If a non-conforming building, structure, or use is destroyed to the extent of more than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, then the building and the land on which the building was located shall be subject to all the regulations specified by this chapter for the district in which it is located. If the damage is less than 50%, the building may be restored to its former condition, if it is reconstructed within 12 months after the date of the damage.

(4) Non-conforming uses in the Cannon River Recreational District.

(a) Non-conforming uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity. No structural alteration, addition or repair to a non-conforming structure shall exceed 50% of the assessed value of that structure.

(b) Non-conforming sanitary systems inconsistent with the minimum performance standards of the state’s Pollution Control Agency and the state’s Department of Health shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.

(c) Substandard structures in existence prior to the effective date of enactment of this chapter that do not meet the minimum setbacks or other dimensional requirements of this chapter are substandard structures. All substandard structures shall be allowed to continue; except that, any structural alteration or addition to a substandard structure that will increase the substandard dimensions shall not be allowed.

(d) Substandard lots of record in the office of the County Register of Deeds (or Registrar of Titles) prior to the date of enactment of this chapter which do not meet the lot size requirements of § 155.07(B) of this chapter may be allowed as building sites; provided:

1. Such use is permitted in the zoning district;

2. The lot is in separate ownership from abutting lands; and

3. All other sanitary and dimensional requirements of this chapter are complied with insofar as practical.

(G) Enforcement. This chapter shall be administered and enforced by the Zoning Administrator. It shall be unlawful to violate a provision of this chapter. The Zoning Administrator may institute in the name of the Planning Commission appropriate actions or proceedings against a violator.

(1) Enforcement procedure. For the enforcement of the provisions of this chapter, the first zoning violation notice shall be sent by regular mail, and the second notice will be sent by certified mail, return receipt requested to the property owner of which the violation is taking place. All zoning violation notices shall contain the following information:

(a) A description of the violation that is taking place;

(b) A picture (if possible) of the violation that is taking place;

(d) Identification of the section of this chapter that is being violated;

(e) Date the violation was discovered;

(f) Steps necessary to correct the violation; and

(g) Deadline in which the violation must be corrected, which shall be 30 days unless an extension is granted by the Zoning Administrator.

(2) Correction of the zoning violation. Upon correction of the violation in the manner stipulated by the zoning violation notice at any point during this enforcement process, the Zoning Administrator shall take no further enforcement activity with respect to the specific violation incident.

(3) Failure to correct zoning violation; enforcement remedies. Failure to correct the zoning violation, as evidenced by clear documentation of communication with the landowner and the prior approval of the Planning Commission, shall result in the Zoning Administrator, on behalf of the Planning Commission, pursuing enforcement action following notification to the property owner. The Zoning Administrator, on behalf of the Planning Commission, shall have the authority to carry out the following enforcement remedies.

(a) Withhold permits. The Zoning Administrator, on behalf of the Planning Commission, shall have the authority to withhold or deny any and all permits or approvals under this chapter until the violation is corrected to the satisfaction of the Zoning Administrator.

(b) Stop work order. The Zoning Administrator shall have the authority to issue a stop work order on the property in violation.

(c) Abatement. The Zoning Administrator shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice. Abatement action shall not proceed until after a hearing before the Planning Commission.

(d) Civil and criminal remedies. This chapter may be enforced by appropriate civil action including injunctive and other equitable processes to enforce the provisions of this chapter and, at the discretion of the civil court, shall recover reasonable court costs and attorney’s fees that are incurred due to the enforcement of the subject violation. Any person who violates any provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law.

(e) Cumulative remedies. The powers and remedies of this chapter shall not be individually limited and are not exclusive. The powers and remedies of this chapter are cumulative and all power and remedies may apply and any other remedies allowed under state law. Failure to exercise any remedy shall not be a waiver of that remedy.

(H) Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid.

§ 155.05 ESTABLISHMENT OF DISTRICTS.

(A) Annexation Reserve District (ARD). The ARD is intended to develop over time as areas within the ARD are annexed into the City. As such, permitted uses in the chart in the following section are intended to allow a transition of current uses to the future desired uses as established within the annexation agreement.

(B) Overlay districts. The following overlay districts are established for the ARD:

(1) F, Floodplain Overlay District;

(2) WS, Wild and Scenic River District; and

(3) S, Shorelands District.

(1) The zoning districts and uses in this chapter and the delineation of zoning boundaries on the zoning map shall be consistent with the goals, policies and objectives of the applicable sections of the Comprehensive Plan.

(2) The future land uses for the land included in the ARD shall be as shown on the future land use map within the City’s Comprehensive Plan and attached to this chapter as § 155.14.

(D) Establishment of official zoning map. The zoning districts established by this chapter correspond to the future land uses shown on the future land uses map, attached to this chapter as § 155.14, which is hereby incorporated as part of this chapter as the zoning map.

(1) Corrections and updates shall be recorded on such maps by the Zoning Administrator within 30 days after the official adoption of the zoning amendment by the Planning Commission.

(2) The Floodplain Districts are based on the data contained within the Flood Insurance Study for the county prepared by the Federal Emergency Management Administration (FEMA) and the Flood Insurance Rate Maps (FIRM) on file in the office of the Zoning Administrator. The Flood Insurance Study and the most recent Flood Insurance Rate Maps (FIRM) provided by FEMA are hereby adopted by reference and declared to be a part of this chapter.

(3) The Wild and Scenic River Overlay Districts are from the Cannon River Management Maps, dated 1-11-1980 and produced as part of the Cannon River Management Study and final rule (Minn. Rules part 6105.1680) and these maps are hereby incorporated by reference as part of this chapter.

(4) The official zoning map shall be signed by the Chairperson of the Planning Commission and a certified copy filed with the County Recorder.

(5) Any unauthorized change of a zoning boundary or designation by any person or persons shall be considered a violation of this chapter.

(E) District boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply.

(1) Boundaries indicated as approximately following the centerlines of streets, rivers, highways or alleys shall be construed to follow the centerlines.

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.

(3) Boundaries indicated as approximately following established municipal limits and county borders shall be construed as following the lines.

(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5) Boundaries indicated as approximately following sections, half sections, quarter sections, eighth sections and government lots shall be construed to follow the lines.

(6) Where physical features, such as floodplains, are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (E)(1) through (E)(5) above, the Zoning Administrator shall interpret the boundary.

(Ord. 2021-05, passed 4-12-2021)

§ 155.06 USE CHART.

The following chart describes permitted, accessory, conditional and interim uses in the Annexation Reserve District.

(A) Permitted uses. Uses permitted with a “P” are permitted as of right in the district designated; provided, the use complies with all other applicable provisions of this chapter.

(B) Conditional uses. Uses permitted with a “C” are allowed as a conditional use in the district designated; provided, the property owner has obtained a conditional use permit.

(C) Interim uses. Uses permitted with a “I” are allowed as an interim use in the district designated; provided, the property owner has obtained an interim use permit.

(D) Prohibited uses. Uses not listed are prohibited.

(E) Use chart. Chart follows on next page.

Uses	District	Type	Standards*
	R = Residential	P = Permitted
	C = Commercial	C= Conditional Use
	I = Industrial	I = Interim Use
Agricultural and Related Uses
Commercial storage in existing agricultural building	R, C, I	I	X
Farm buildings	R, C, I	P
Farm production	R, C, I	P	X
Feedlot, animal manure composting site, aquaculture	R, C, I	I	X
Forest and game management areas	R, C, I	P
General repair and machinery setup	R, C, I	I	X
Greenhouse and nursery sales	R, C, I	I	X
Commercial Recreation
Golf course, country club, driving range	R, C, I	C	X
Organized motor sports: off-road only	C, I	I	X
Paintball course	C, I	I	X
Riding and boarding stable	R, C, I	C	X
Ski slope, snowboarding, tubing or sledding hills: private	C	C	X
Civic, Educational, Institutional
Campground (public)	C	C	X
Cemetery	C	C
Parks and recreation areas, walking and biking trails	R, C, I	P
Religious institution	C, R	C	X
School, public or private	C, R	C	X
Commercial and Industrial
Bed and breakfast facility	C	I	X
Cabinet, carpentry shops	I	I	X
Contractor’s office	C, I	I	X
Contractor’s yard w. outdoor storage	I	I	X
Kennel, commercial	C, I	C	X
Small appliance repair	C, I	I	X
Temporary asphalt plant or highway construction yard and equipment placement	I	I	X
Upholstering, furniture repair or restoration	C, I	I	X
Veterinary clinic	C, I	I	X
Public Service and Utility Uses
Communications tower	R, C, I	C	X
Essential public service towers and transmission lines	R, C, I	P	X
Essential public service without towers and transmission lines	R, C, I	P	X
Government buildings	C, I	P
Wind energy generation facilities and towers 40 KW or greater	R, C, I	C	X
Residential and Related Uses
Facility for supervised residential program (up to 6 residents)	R, C, I	P
Single-family residential	R, C, I	P	X
Structures Accessory to Permitted Uses
Antennas and satellite dishes	R, C, I	P
Detached garages, storage sheds, outbuildings	R, C, I	P	X
Farm drainage systems, flood control and watershed structures, erosion control structures	R, C, I	P	X
Farm storage, containerized or bulk for onsite and under 1,000 gallons	R, C, I	P
Other structures typically incidental and clearly subordinate to permitted uses	R, C, I	P
Private swimming pool, tennis court, recreational facilities accessory to a dwelling	R, C, I	P
Seasonal roadside stands for sales of farm products primarily produced on the premises	R, C, I	I	X
Signs meeting the chapter standards	R, C, I	P	X
Solar equipment	R, C, I	P	X
Temporary farm dwelling (mobile home)	R, C, I	I	X
Wind generation facilities and towers, less than 40 KW for household or business use	R, C, I	P	X
Uses Accessory and Temporary to Permitted Uses
Domestic pets, up to 6 animals	R, C, I	P
Home occupation, permitted	R, C, I	P	X
Home occupation, interim	R, C, I	I	X
Licensed day care for up to 12 children	R, C, I	P
Other temporary uses: yard sales, sale of one vehicle	R, C, I	P	X
Room and board facility, max 2 persons	R, C, I	I	X
NOTES TO TABLE: *Specific standards for this use are included in this chapter.

(Ord. 2021-05, passed 4-12-2021)

§ 155.07 HEIGHT, YARD AND LOT REGULATIONS.

(A) Height regulations.

(1) There shall be a height limitation of 35 feet on all structures within the ARD, unless otherwise provided herein.

(2) Where the average slope of a lot is greater than a one-foot rise or fall in seven feet of horizontal distance from the established road elevation at the property line, an allowance of one story may be added to the number of stories permitted in the district in which the lot is situated provided the additional story is situated on the downhill side of the building.

(3) Except in the Wild and Scenic River District, height limitations set for elsewhere in this chapter may be increased with no limitation when applied to the following structures:

(a) Public monuments;

(b) Flag poles;

(d) Grain elevators, farm drying and grain storage facilities;

(e) Church spires, belfries or domes which do not contain usable space;

(f) Water towers;

(g) Chimneys or smokestacks;

(h) Forest fire watch towers;

(i) Silos;

(j) Power poles or other poles or towers upon which transmission lines are strung; and

(k) Radio or television transmitting towers.

(B) Lot requirements.

(1) Minimum lot area for a residential lot.

(a) The minimum lot size for a residential lot in the Annexation Reserve District is 35 acres.

(b) A parcel with a dwelling existing as of the date of adoption of this chapter may be reduced in size to a lot of no less than two and one-half acres; provided that, a conservation easement is recorded for the residual parcel prohibiting further development or subdivision. The terms of this conservation easement shall be those stated in the section of development agreements and recording of restrictions under the transfer of development rights regulations; except that, the easement may be terminated by the county at such time as the property is annexed by the adjacent municipality.

(2) Minimum lot area, all other uses. The minimum lot size for all other uses shall be two and one-half acres unless otherwise permitted under an approved conditional use permit.

(3) Minimum lot width. The minimum lot width shall be 250 feet.

(4) Minimum front yard setbacks. The minimum front yard setbacks shall be measured from the centerline of the road or from the property line (whichever is greater), as follows:

(a) State highway: 150 feet to centerline of roadway or 100 feet from front property line, whichever is greater; and

(b) County road or township road: 133 feet to centerline of roadway or 100 feet from front property line, whichever is greater.

(5) Minimum side yard setback. The minimum side yard setback is 20 feet, with the exception of buildings containing livestock, which shall have a minimum setback of 100 feet.

(6) Minimum rear yard setback. The minimum rear yard setbacks shall be as follows:

(a) Principal buildings: 100 feet;

(b) Accessory buildings: 20 feet; and

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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