(A) Minimum requirements.
(1) Permits and certificates. The following permits and certificates are required in the ARD for land use and construction activities and may be issued by the Zoning Administrator or Building Official.
(a) Building permits. The following provisions shall apply to the issuance of building permits in the ARD:
1. A building permit shall be obtained prior to erecting, installing, altering, converting, removing or demolishing any building or structure or part thereof;
2. The following structures shall be exempt from the requirement of a building permit, but must meet minimum zoning requirements:
a. Storage buildings 120 square feet or less in size if located outside the Shoreland and Floodplain Districts; and
b. Agricultural structures that obtain an agricultural structures permit as provided below.
3. Before a building permit for construction of a new residence, addition or remodeling that results in increased water usage (including, but not limited to, adding a bedroom or bathroom) is issued, the provisions of the sewage and wastewater treatment ordinance shall be met. Before a building permit for any other activity is issued with a shoreland area, Shoreland District or Floodplain District, the applicant must provide evidence of a conforming sewage treatment system or evidence that one will be provided if the building permit is issued;
4. A permit shall not be issued where a proposed setback does not comply with the official map for future road construction. Structure setbacks in officially mapped roadway corridors shall be equal to setback requirements for existing roads unless otherwise specified through the official mapping process;
5. Activities undertaken subject to a building permit shall conform to the most current state building code as adopted by Bridgewater Township; and
6. A site plan conforming to the provisions of this section shall be submitted with all building permit applications.
(b) Agricultural structure permit. An agricultural structure permit shall be obtained for the construction of new agricultural buildings and structures or for additions to the structures and buildings. Agricultural structure permits shall be issued by the Building Official. Buildings and structures must meet the following criteria to be defined as an agricultural building or structure for the purposes of this provision:
1. The building or structure must be on a parcel of land at least ten acres in size and used exclusively for storage of agricultural goods or equipment; or
2. The building or structure must be used exclusively to house animals.
(c) Floodplain District permit. In the Floodplain District, a permit shall be obtained prior to the use or change of use of a building, structure or land, prior to the change or extension of a non-conforming use, and prior to excavation or the placement of an obstruction within the floodplain.
(d) Administrative review. Administrative review by the Zoning Administrator shall be required prior to issuance of a building permit. This review will ensure that the parcel is a buildable lot and that the use of land conforms to the requirements of this chapter. Failure to obtain an administrative review for any use, arrangement or construction shall be deemed a violation of this chapter.
(e) Certificate of occupancy. A certificate of occupancy shall be issued by the Building Official in accordance with the state’s Building Code.
(2) Dwelling units prohibited.
(a) Structures or portions of structures in which dwelling units are prohibited. No cellar, garage or basement with unfinished structure above (excluding energy efficient subterranean dwellings), or accessory building shall, at any time, be used as a dwelling unit or residence, except as hereinafter provided.
(b) A camper or travel trailer of the type generally used temporarily as living quarters during the hunting, fishing or vacation season and duly licensed and registered under the laws of the state may be parked on residential property; provided, however, that, the camper or travel trailer shall not while so parked be used as a permanent human dwelling place, living abode or living quarters. The camper or travel trailer must be placed in a location that meets the setback standards of the underlying zoning district.
(3) Camper or trailer for non-resident, guest or visitor. No more than one camper or travel trailer of the type described in division (A)(2) above and owned by a non-resident, guest or visitor, may be parked or occupied by the guest or visitor on property on which a permanent dwelling unit is located for a period not to exceed 120 days in the same calendar year while visiting the property. The camper or travel trailer must be placed in a location that meets the setback standards of the underlying zoning district.
(4) Temporary dwelling during home construction. The Zoning Administrator may, upon application, grant a temporary permit for the use of a manufactured home or similar portable unit for temporary residential purposes within the ARD in conjunction with a home construction project that is underway; provided, however, that, a duly authorized and valid land use permit (and/or building permit) shall have been approved prior to the application for the temporary permit and subject to the following.
(a) The applicant for the temporary trailer permit shall file an application with the Zoning Administrator setting forth the legal description of the land on which the trailer is to be located, together with a copy of the land use permit and/or building permit for the home to be constructed on the property.
(b) The term of the trailer permit shall not exceed six months or upon completion of construction of the residential home in question, whichever comes first.
(c) The temporary dwelling must be placed in a location that meets the setback standards of the underlying zoning district.
(5) Sewer and water systems.
(a) All on-site sewage disposal facilities shall be required to comply with the requirements for regulating sewage disposal systems established in Minn. Rules Ch. 7080. In addition, the standards and regulations of the county’s Sewage and Wastewater Treatment Ordinance, dated 8-28-2001, are hereby adopted by reference.
(b) Private wells shall be so located and constructed that they will not be contaminated by any existing or future sewage disposal systems. They shall also be constructed to minimize the possible contamination from all possible external sources within the geological strata surrounding the well. Private wells shall be located in a manner to be free from flooding and the top shall be so constructed and located as to be above all possible sources of pollution. Wells already existing in areas subject to flooding shall be flood-proofed.
(6) Preservation of survey monuments. All international, federal, state, county and other official monuments, benchmarks, triangulation points and stations shall be preserved in their precise location. It shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development.
(7) Pre-inspections required. A pre-inspection by the Zoning Administrator is required for any buildings, structures or dwellings that are to be moved into the ARD. Photographs will be required. Any cost incurred for inspection shall be borne by the applicant.
(8) Survey required. Applications for a building permit on parcels of five acres or less must be accompanied by a survey.
(9) Compliance with the state’s Wetland Act. Applications made under this chapter shall be in compliance with the state’s Wetland Conservation Act.
(10) Site suitability required. Land in all districts shall be suited to the purpose for which it is to be used. Development shall not be allowed on a parcel or lot it if is not suitable for the proposed use unless remediation has been approved. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider the following factors:
(a) Susceptibility to flooding and/or poor drainage;
(b) Existence of wetlands;
(c) Soil and rock formations with severe limitations for development;
(d) Severe erosion potential;
(e) Slopes greater than 18%;
(f) Near-shore aquatic conditions unsuitable for water-based recreation;
(g) Inadequate water supply or sewage treatment capabilities;
(h) Existence of endangered or threatened species;
(i) Existence of important fish and wildlife habitat;
(j) Presence of significant historic sites;
(k) Presence of woodlands and grasslands; and
(l) Any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the ARD.
(B) Essential services. Essential services, as defined by this chapter, may have an effect upon township, City, county and regional land uses, highway location, park and recreation areas preservation of natural environmental areas, lakes, streams and rivers. The proposed location of all essential services in the ARD shall be filed with the Zoning Administrator prior to commencement of any condemnation action or construction by the owner.
(1) Procedures for local distribution service. Any application for a building permit or conditional use permit for essential services (i.e., services such as power, gas or fuel) for immediate local distribution to the general public within the ARD shall follow the following procedure.
(a) The applicant shall file with the Zoning Administrator an application for the permit accompanied by maps indicating the location, alignment and type of service proposed.
(b) Following review of the application and accompanying date, the Zoning Administrator may issue the permit after determining that the application is acceptable and in the best interest of the ARD.
(c) The Zoning Administrator may require in conjunction with the issuance of the permit that:
1. The applicant submits as-built drawings of the essential service after construction;
2. The applicant construct the essential service to take into consideration contemplated widening, regrading or relocation of a town or county highway or county state aid highway; and
3. The cost of moving the utilities for any public roadway expansion shall be borne by the utility company.
(2) Procedure for large facilities. Transmission services (i.e., utility service such as high voltage (75 KV or greater), electrical power or bulk gas or fuel) being transferred from station to station and not intended for en route consumption shall follow the following procedure.
(a) The owner shall file an application for a building permit or conditional use permit for essential services with the Zoning Administrator, including maps indicating the location, alignment and type of service proposed as well as an environmental assessment worksheet indicating areas of conflict and solutions to the environmental conflicts as shall be required.
(b) The Zoning Administrator shall forward the maps and data to the Planning Commission along with its recommendations relating to the relationship to urban growth, land uses, highways, environment, recreation and park areas.
(c) The Planning Commission shall consider the maps and accompanying data and recommendations and shall approve, deny or request modifications to the proposal.
(d) The Planning Commission shall act upon all applications within 60 days of receipt by the Zoning Administrator.
(3) Fees. A filing fee shall be charged for each application for essential services with the amount of the application fee to be determined by the Planning Commission and City Council.
(C) Lot and yard controls.
(1) Area regulations. No lot or parcel shall be reduced in size below the minimum required for the proposed use in the zoning district where the lot is located.
(2) Measurement of lot width. Lot width for the purpose of complying with minimum lot width requirements shall be measured at the front building setback line.
(3) Minimum front yard setbacks from roads. As measured from the edge of the right-of-way, or planned right-of-way, structures shall be set back from roadways according to the following:
(a) State highway: 150 feet to centerline of roadway or 100 feet from front property line, whichever is greater;
(b) County road: 133 feet to the centerline of roadway or 100 feet from front property line, whichever is greater; and
(c) Township road: 133 feet to the centerline of roadway or 100 feet from front property line, whichever is greater.
(4) Encroachments into yards. The following encroachments into required yards are permitted. Measurements must be taken from the nearest point of the wall of a building to a lot line in question.
(a) Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.
(b) In structures existing as of the date of adoption of this chapter, the following encroachments are permitted:
1. Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;
2. A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of a building. An open railing no higher than three feet, six inches may be placed around the landing or porch;
3. A ramp for access to the dwelling by handicapped individuals;
4. The above-mentioned architectural features may also extend into any side or rear yard to the same extent; except that, no porch, terrace or outside stairway shall project into the required side yard distance; and
5. A wall, fence or hedge may occupy part of the required front, side or rear yard.
(c) The required front yard of a corner lot shall not contain any retaining wall or similar structure, fence or other structure, tree, shrub or other growth that may cause danger to traffic on a private or public road by obscuring the view.
(D) Accessory buildings and structures.
(1) Attached accessory buildings. If an accessory building is attached to the main building, or within ten feet of the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building.
(2) Detached accessory buildings. A detached accessory building shall not be located in any required setbacks and shall be located at least ten feet from the main building.
(3) In a platted residential subdivision.
(a) No accessory building in a residential platted subdivision shall be located nearer the front lot line than the principal building on the lot.
(b) Accessory structures in a residential platted subdivision related to a residential use shall be constructed of materials that are similar in color to those used for the principal building and shall be constructed to include at least three architectural features, such as overhangs, windows and facade materials, that are similar to the principal building.
(E) 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.
(F) Rural business licensing. All existing and new businesses operating in the ARD shall be licensed for the purpose of maintaining health, safety and general welfare. The following provisions apply to rural business licensing.
(1) Permitted home occupations. Licensing requirements do not apply to activities that meet the definition of permitted home occupations.
(2) Filing requirement. All business operations shall be required to file. Business operations are broadly defined and include any commercial, industrial, manufacturing, processing, mining, agriculturally-oriented business, educational, charitable, service or hospitality activities regardless of business organization type. Agricultural uses, as defined in this chapter, are not subject to rural business licensing.
(3) When required. The owner of the land on which an existing business operates shall be required to file a rural business licensing form with the Zoning Administrator within 12 months from the date of adoption of this chapter.
(4) New businesses. Business operations that begin after the adoption of this chapter shall be required to file a rural business licensing form and obtain all other permits required under this chapter.
(5) Business of record status. Businesses that file a complete rural business licensing form shall qualify as a business of record and receive the exemptions specified in the section under non-conforming that references business of record exemptions.
(6) Information required. The rural business licensing form shall be provided by the Zoning Administrator and shall require the following information:
(a) Name, address and phone number of landowner;
(b) Name, address and phone number of business operator;
(c) Date of application;
(d) Type of business use and date the business began operations on the property;
(e) Date business operations initially began;
(f) Structure the business occupies, including any outside storage;
(g) A site plan of the business uses and parking on the property in relation to roads and other non-business structures;
(h) Location and information about the sewage and wastewater practices;
(i) Types, amounts and location of storage of hazardous materials;
(j) Number of employees;
(k) Location and amount of off-street parking;
(l) Approximate vehicle trips generated per day, including employees, shipping and deliveries; and
(m) Information about on-site signage.
(7) Purpose. Licensing requirements are for health, safety and general welfare informational purposes. The Zoning Administrator will work to educate business owners on current zoning, traffic control, materials handling and other health and safety requirements and best management practices.
(8) Update. Information on the rural business license form shall be updated annually by the business owner.
(9) Conformance to ordinance. New proposed businesses or licensed businesses that propose a change in use or propose an addition or expansion shall be required to conform to the provisions of this chapter.
(10) Failure to file. If an owner of land on which a business operates fails to file a rural business license form, the business shall be subject to all requirements of this chapter for rural businesses as if it were a newly proposed business.
(11) Environmental standards. Registered businesses shall comply with the environmental standards of this chapter within five years from the date of enactment of this chapter.
(G) Driveway and road access and standards.
(1) Permit required. A permit shall be required for all new driveways or changes in driveway use.
(2) Approval of access on county road. The location of direct access for a driveway to a county road shall be approved by the county’s Highway Engineer and Planning Director prior to any development of the property in question. The following standards apply to driveways on county roads.
(a) Primary access shall be to the road of lesser classification.
(b) Primary access shall be kept to a minimum and shared when possible.
(c) Closure of field accesses and existing driveways may be required with a change to a more intensive use of property.
(d) The decision of the county’s Highway Engineer and Zoning Administrator shall be final subject to appeal to the county’s Board of Adjustment.
(3) Approval of access on township road. Access to township roads shall be regulated by the Planning Commission and shall be consistent with this chapter.
(4) Approval of access on state highways. No new driveway shall have direct access to any state highway without the prior approval of the state’s Highway Engineer of the district where the highway is located. The decision of the District Engineer may be appealed to the Commissioner of the Department of Transportation.
(5) Residential driveway standards. All dwellings shall provide an access driveway with all-weather surface, constructed as follows.
(a) Driveways less than 200 feet in length. All access driveways that are less than 200 feet in length shall be constructed to provide the following:
1. An unobstructed driving surface at least 12 feet wide; and
2. A driving surface of Class V material of one inch or less in diameter and may be comprised of crushed lime, or approved aggregate substitute, that is at least three to four inches thick.
(b) Driveways that are 200 feet or more in length. All access driveways that are 200 feet in length or longer shall be constructed to provide the following:
1. An unobstructed driving surface at least 12 feet wide;
2. A driving surface of Class V material of one inch or less in diameter and may be comprised of crushed lime, or approved aggregate substitute, that is at least three to four inches thick; and
3. An unobstructed minimum 45-foot turning radius at the end of the driveway near the dwelling, or a turnaround that can accommodate a vehicle with a 45-foot turning radius, the radius to be constructed with the same driving surfaces as provided in division (G)(5)(b)2. above.
(c) Construction and maintenance. The driveway access shall be improved to the established standard to ensure access for emergency vehicles and shall otherwise be continuously maintained. The driveway shall be constructed prior to the issuance of a certificate of occupancy.
(6) Non-residential driveways and frontage roads. Driveways serving non-residential properties shall be constructed in compliance with the access guidelines in the county’s Transportation Plan and the following: development of a frontage road may be required by the Planning Commission to provide access to commercial or industrial properties. The frontage road shall be designed and constructed to accommodate future development along the roadway.
(7) Driveway separation distances. Separation distances between driveways on county roads shall be consistent with the access guidelines adopted by the county. Separation distances between driveways on all other roads shall be consistent with this chapter. Driveway accesses shall be combined or shared whenever feasible in order to reduce the number of accesses to state, county or other roads. No more than three accesses shall be permitted from any residential plat. Additional accesses will require the creation of an internal access street meeting county and ARD requirements.
(8) New roads. New roads serving residential plats or other development sites shall only be created under the following conditions.
(a) Any new road shall be constructed to ARD standards at the sole cost of the subdivider.
(b) Access points for new roads shall meet the standards in this chapter.
(H) Environmental review program.
(1) Purpose. The purpose of the environmental review program section is to provide for the preparation and review of environmental assessment worksheets (EAW), environmental impact statements (EIS) and other environmental documents required under M.S. § 116D.01 (1994), as it may be amended from time to time, to implement the environmental review program in accordance with Minn. Rules part 4410, one copy of which is on file in the office of the Zoning Administrator.
(2) Actions requiring environmental assessment worksheets.
(a) General. The purpose of the environmental assessment worksheet (EAW) is to assess rapidly, in a worksheet format, whether a proposed action is a major action with the potential for significant environmental effects and in the case of a private action, is of more than local significance.
(b) EAW required. An EAW shall be prepared for projects that meet or exceed threshold limits specified in Minn. Rules part 4410.4300, subp. 2 to 34 (1993), or as amended.
(c) Optional EAW. The Planning Commission may, upon recommendation of the Zoning Administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:
1. Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?
2. Is the action likely to have disruptive effects such as generating traffic and noise?
3. Will the action have significant impacts on any school district located within the ARD, City or township?
4. Are there public questions of or controversy concerning the environmental effects of a proposed action?
5. Is the action in or near a wetland or on soils unsuitable or sensitive toward the proposed action?
6. Is the action more than a local impact?
(3) Action requiring environmental impact statements (EIS). An environmental impact statement (EIS) shall be required whenever it is determined that an action is major and has the potential for significant environmental effect. In making this determination, projects that meet or exceed threshold limits specified in Minn. Rules part 4410.4400, subp. 2 to 24, or as amended, indicate that an EIS should be prepared.
(4) Action not requiring environmental documents. Projects exempt from preparation of an EAW or EIS are specified in Minn. Rules Ch. 4410.4600, subp. 2 to 26 (1993), or as amended.
(5) Review procedures and administration.
(a) The Zoning Administrator shall be the person responsible for the administration of the environmental review program.
(b) The applicant for a permit for any action for which environmental documents are required by state laws or regulations shall supply in the manner prescribed by the Zoning Administrator all unprivileged data or information reasonably requested by the Zoning Administrator that the applicant has in his or her possession or to which he or she has reasonable access.
(c) The Zoning Administrator shall be responsible for determining whether an action for an EAW or EIS is required under this section. The Zoning Administrator shall also determine those proposed actions for which an optional EAW may be required under this section and shall notify the Planning Commission of these proposed actions.
(d) All EAWs and EISs shall be prepared under the supervision of the Zoning Administrator and reviewed and approved by the Planning Commission.
(e) When reviewing an EAW or EIS, the Zoning Administrator and Planning Commission may suggest design alterations or other alternatives, including no action, that would lessen the environmental impact of the project. The Planning Commission may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the project.
(f) After an EAW is prepared, the Planning Commission shall review the EAW and determine whether or not it should require the preparation of an EIS. The Planning Commission shall require an EIS when it finds that project thresholds are met or exceeded as specified in Minn. Rules part 4410.4400, subp. 2 to 24 (1993), or as amended.
(6) Enforcement.
(a) No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed.
(b) No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established in this chapter are fully complied with.
(c) No permit for a project for which an EAW or EIS is required shall be issued until all costs of preparation and review of the EAW or EIS are paid by the applicant; all information required is supplied; the environmental review process has been completed as provided in this chapter; and pursuant to any written agreement entered into between the applicant and the Planning Commission.