§ 155.09 SPECIFIC DEVELOPMENT STANDARDS.

(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

§ 155.08 GENERAL REGULATIONS.

(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;

(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.

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.

(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

(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;

(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.

(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.

§ 155.09 SPECIFIC DEVELOPMENT STANDARDS.

(A) Standards for residential and related uses.

(1) Single-family detached dwelling. The following standards apply to construction of single-family dwellings.

(a) No dwelling shall be located upon soil that is poorly drained, structurally inadequate or construction upon which would create erosion control problems.

(b) The parcel shall have frontage of 250 feet on a publicly maintained road unless constructed as part of a cluster development. No access to public roads shall be placed in any hazardous locations relative to curves, hills or vegetation that offer potential safety hazards.

(c) All individual sewage treatment systems (ISTS) must meet Minnesota Pollution Control Agency Rules, Ch. 7080 through 7083, as amended, and as regulated by this chapter. A minimum of two suitable locations for an on-site shall be identified on a residential lot before a building permit or sewer permit is issued. One site shall be designated as a primary site and the other a secondary site. The secondary site shall be preserved and no construction shall be permitted on the secondary site, nor shall the site be used for an activity that would make it unsuitable for future uses as a drainfield. An increase in the minimum lot size may be required to provide for the on-site sewage treatment system requirements.

(d) All dwellings shall meet the minimum standards of the Minnesota Building Code, as adopted.

(e) A dwelling shall not be located on land with an existing slope greater than 12%, except where engineering or architectural documentation is provided that satisfies the Building Official that the site can be adapted to allow construction of the dwelling unit.

(f) Each dwelling unit, except temporary farm dwellings, shall contain a minimum of 960 square feet of livable area. Carports, overhangs, garages and such structures shall not qualify in meeting these requirements. All dwellings must be a minimum of 22 feet in width for two-thirds of the length of the dwelling.

(g) Subdivision of any lot to facilitate residential development must comply with the requirements of this chapter.

(h) If the garage doors face the road, the doors shall occupy no more than 50% of the front facade.

(2) Residential facilities and permitted single-family use. The following, by state statute, are considered permitted single-family residential use of property for the purposes of zoning (M.S. § 462.357, subd. 7, as it may be amended from time to time):

(a) A state licensed residential facility serving six or fewer persons;

(b) A housing with services establishment register under M.S. Ch. 144D, as it may be amended from time to time, serving six or fewer persons;

(d) A licensed day care facility under Minn. Rules parts 9502.0315 to 9502.0445 to serve 14 or fewer persons; and

(e) A residential facility whose primary purpose is to treat juveniles who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use of single-family residential property.

(B) Standards for agricultural and related uses.

(1) Farm production. For those properties that were previously zoned Rural Residential (under the Bridgewater Township or Rice County Ordinance), farm production involving livestock is limited to one animal unit per acre, up to a maximum of ten animal units and shall comply with the provisions of the county’s Feedlot Ordinance and, if required, the regulations of the state’s Pollution Control Agency.

(2) Feedlots.

(a) All feedlots shall comply with the provisions of the county’s Feedlot Ordinance and, if required, the regulations of the state’s Pollution Control Agency. An interim use permit is required for all feedlots.

(b) The following uses are defined as a feedlot for the purpose of this chapter and shall meet the provisions of the county’s Feedlot Ordinance, as adopted by reference on the date of this chapter, and if required, the regulations of the state’s Pollution Control Agency:

1. Animal manure composting site that accepts manure transported from off-site. This use also requires a business license and site plan approval; and

2. Aquaculture, fish farm, subject to the following standards:

a. All aquaculture operations shall comply with the standards set forth in M.S. §§ 17.46 to 17.4999, as they may be amended from time to time, or successor statutes;

b. All aquaculture operations shall be licensed by the State according to Minn. Rules part 7050.0216 or successor rules; and

c. To protect surface and ground water resources, aquaculture operations may be required to include wastewater treatment or to closed loops with no discharge.

(3) Agricultural businesses.

(a) Licensing and site plan approval required. The following businesses are required to obtain a rural business license, submit a request for site plan approval and must meet the general standards of division (B)(3)(b) below:

1. Commercial storage in existing agricultural buildings with an interim use permit; provided, the following standards are met.

a. No retail sales are allowed.

b. No storage of household goods, textiles or food stuff is permitted.

2. General repair and machinery setup as a home occupation with an interim use permit;

3. Agricultural product sales and supply as a home occupation with an interim use permit; and

4. Greenhouse and nursery sales with an interim use permit subject to the following criteria.

a. In areas previously zoned agricultural, the operator must reside at the site.

b. The retail sales shall be accessory to the principal nursery, greenhouse or tree farm.

c. No sale of product shall take place in the public right-of-way of any federal, state, county or township road.

d. All structures, including temporary structures, shall meet the minimum setback requirements of the ARD.

(b) General standards for agricultural businesses.

1. Outdoor storage. All outdoor storage related to agricultural businesses shall be screened from adjacent residences and public roads.

2. Parking. Adequate parking for employees and customers shall be provided on site and shall meet the parking requirements of this chapter.

3. Grounds. The grounds and all structures shall be maintained in a clean and safe manner.

4. Signs. All signs shall meet the requirements of this chapter.

5. Access. The site shall be served by a minor collector or higher functional classification of roadway.

6. Compliance. The use shall comply with all applicable federal, state and local regulations.

7. Service levels. The business is of a scale that the demand for support services, such as sewer, water, police, fire protection, roads or streets, can be accommodated within the context of the service levels available in the ARD.

(1) General standards. All commercial recreation uses shown as permitted, conditionally permitted or permitted with an interim use permit in the chart in § 155.06 of this chapter shall meet the following requirements.

(a) Liability insurance required. Operators of commercial recreation uses shall carry liability insurance, and shall provide proof of such insurance upon request to the Zoning Administrator.

(b) Days and hours of operation. The application for a conditional use permit or an interim use permit shall specify the days and hours of operation. The Planning Commission may limit the days and hours of operation as a condition of the permit, and may attach reasonable requirements to the use.

(c) Licensing and site plan required. Rural business licensing and site plan approval shall be required to establish a commercial recreation use. Site plans shall indicate all proposed recreation areas, sanitary facilities, storage areas, parking, signs, landscaping and other information needed to assess the impacts of operation.

(d) Vehicles. No unlicensed or inoperable vehicles or vehicles parts shall be stored outside on the site.

(2) Golf course, country club, driving range. An interim use permit is required for this use and the following standards shall apply.

(a) The facility shall be located in an area the majority of which consists of forest land or land with a crop equivalency rating of 65 or less.

(b) The site shall have access to a paved road.

(c) Storage of pesticides and fertilizers shall follow the standards of the state’s Department of Agriculture. A plan shall be submitted for storage and use of pesticides and fertilizers at the facility.

(d) Golf courses shall be designed with environmental resources in mind. Performance standards to this effect include:

1. Water recycling and conservation through on-site storage and use facilities;

2. Use of landscaped buffers and other best management practices to minimize fertilizer runoff and other chemicals from entering surface water bodies; and

3. Use of landscaping and careful layout of the golf course to preserve and enhance wildlife habitat through preservation of existing vegetation and habitat as well as the creation of new habitat opportunities.

(e) Planted buffers may be required to screen adjacent residential land or other uses with potential conflicts with golf course activities.

(f) Parking shall meet the requirements of this chapter.

(g) A transportation management plan shall be submitted to address off-street parking, traffic circulation and the impact of the facility on surrounding roadways.

(h) Signs shall meet the requirements of this chapter.

(i) Facilities that serve food and beverages shall be licensed by the county.

(j) If the course is located in the floodplain, the criteria in the Floodplain District regulations shall apply.

(k) The course must be located on either a minor collector, a major collector or a minor or major arterial road.

(l) There must be adequate fencing to deter trespassing on adjacent property.

(m) On-site sewer must be provided that is in compliance with this chapter.

(n) The course must be a minimum of nine holes.

(o) To apply, the applicant must submit information identifying wetlands, watercourses, water bodies and wooded areas. The applicant will also state how the proposal would affect the natural features. The proposal will be reviewed to determine adverse impact on the above natural features and on areas or sites of historical or archeological significance. Conditions may be imposed to limit or prevent adverse impact on the above stated or other natural features.

(p) Appropriate uses accessory to a golf course include, but are not limited to, a pro shop, a club house, locker room, restaurant and bar, private parties, tennis courts, racquetball, swimming pool, indoor track, exercise room, sauna or steam room, snowmobiling, snowshoeing and cross-country skiing.

1. The above are uses sometimes found in conjunction with golf courses. Those permitted under a particular interim use permit will be dependent upon additional parking capacity, the capacity of the on-site sewer system and the water supply system.

2. If these uses are to be permitted, the use must be addressed in the operational plan submitted as part of the application. Any change in use requires an amendment to the interim use permit.

(3) Organized motor sports. This use category is limited to off-road vehicles only. An interim use permit is required for this use and the following standards apply.

(a) The majority of the land occupied by the use shall be land with a crop equivalency rating (CER) of 65 or less.

(b) Erosion control plans for trails will be required.

(d) Noise shall be limited to a maximum level of 50 dB(A) at the nearest property line.

(e) The operator must reside at the site.

(f) The facility shall be located on a minimum of 20 acres.

(g) The facility must be located a minimum of 1,000 feet from any residence; except that, of the landowner and a minimum of one-half miles from ten or more homes existing prior to the application for a permit under this provision.

(h) The facility must be located a minimum of 1,000 feet from a livestock facility.

(i) Sufficient on-site parking shall be provided.

(j) The Planning Commission may limit the days and hours of operation as a condition of approval.

(k) A caretaker or attendant must be on the site during hours of operation.

(4) Paintball course. An interim use permit is required for this use and the following standards apply.

(a) The operator must reside at the site.

(b) Related equipment and structures shall be in compliance with all applicable local, state and federal regulatory standards.

1. From the property line: 100 feet; and

2. From the road right-of-way: 100 feet.

(d) Noise shall be limited to a maximum level of 50 d(B)A at the nearest property line.

(e) Paint and balls used shall be non-toxic and of a type non-harmful to the environment.

(f) Screening of the facility from neighboring homes shall be required.

(g) No manufactured homes or travel trailers shall be allowed on the course.

(5) Riding and boarding stable. A conditional use permit is required for this use and the following standards apply.

(a) The facility must be at least five acres in size.

(b) The majority of the land used for trails shall be forest land or land with a crop equivalency rating of 65 or less.

(c) The facility must be operated in conformance with an approved plan of operation which shall be submitted as part of the application for the conditional use permit.

(d) The operator must reside at the site.

(6) Ski slope, snowboarding, tubing or sledding hills, private. An interim use permit is required for this use; the use shall meet the general standards of this chapter.

(D) Civic, educational and institutional uses.

(1) Day care center. A conditional use permit is required for this use and the following standards apply.

(a) All agency permits and/or licenses shall be obtained from all applicable agencies.

(b) When a day care facility is proposed in a church or school building originally constructed for use as a church or school, the use shall be treated as a permitted accessory use.

(d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. The play area location and fencing shall be included in the site plan application.

(e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care.

(f) Any signs shall meet the requirements of this chapter.

(2) Religious institution. A conditional use permit is required for this use which includes churches, chapels, temples, mosques and the like, including cemeteries and normal accessory buildings. Any living quarters, commercial and outdoor recreational uses shall meet the residential requirements of this chapter. The following standards shall apply.

(a) The site shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the site will generate.

(b) The site shall be in an area planned for municipal or centralized utilities, including water supply and sewage treatment. The design and construction of the facility shall enable connection to future municipal or centralized facilities with minimal cost to the municipality.

(3) Campground, public. A conditional use permit is required for this use and the following standards apply.

(a) The campground shall be located in an area, the majority of which consists of forest land or land with a crop equivalency rating of 65 or less.

(b) A responsible attendant or caretaker shall be in charge of every recreational camping area at all times and the duties of said attendant or caretaker shall be to maintain records of the campground and keep the facilities and the equipment in a clean, orderly and sanitary condition. The caretaker or attendant shall be the owner or operator of the camping area, or an appointed representative of the same.

(c) Public campgrounds in the ARD shall be limited to facilities with seasonal, primitive camping sites. Only primitive accessory structures are permitted. Residential use of camping vehicles and manufactured homes in public campgrounds shall be prohibited. Use of the campground, except for the caretaker or attendant, shall be prohibited from November 1 to April 1. Parking is limited to designated parking areas.

(4) Public and private schools and related facilities. A conditional use permit is required for this use and the following standards apply.

(a) The site shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate.

(b) The site shall be in an area planned for municipal or centralized facilities, including water supply and sewage treatment. The design and construction of the facility shall enable connection to future municipal or centralized utilities with minimal cost to the municipality.

(d) A transportation plan shall be submitted to address off-street parking, bus loading and unloading, traffic control and the impact of the facility on the environment.

(e) An environmental management plan, including a water and sewer management plan to address the use of water and the treatment of on-site storm water and drainage, shall be submitted to address the impact of the facility on the environment.

(f) Parking shall meet the requirements of this chapter.

(g) All parking areas, bus loading and unloading areas, delivery areas and access roads shall be hard surfaced (bituminous or concrete).

(h) All accessory residential or day care uses are subject to the provisions of this chapter.

(i) Signs must meet the requirements of this chapter.

(E) Commercial and industrial uses.

(1) Bed and breakfast facility. This use requires an interim use permit and is subject to the following.

(a) The facility shall be located in a single-family owner-occupied detached dwelling.

(b) An application submitted for an interim use permit for a bed and breakfast facility shall identify the family members residing therein and provide at least one bedroom for every two family members. Bedrooms in excess of those needed by the resident family may be rented on a daily basis to guests.

(d) All dwellings shall comply with the sewage and wastewater requirements of this chapter.

(e) The facility shall maintain a guest register open to inspection from time to time by the Zoning Administrator.

(f) Guest stay shall be limited to seven days.

(g) The applicant shall meet all applicable county, state and federal regulations.

(h) The operator/applicant shall carry liability insurance and shall provide proof of the insurance upon request of the Zoning Administrator.

(2) Cabinet, carpentry shops. This use shall require a conditional use permit and is subject to the following standards.

(a) The operator must reside at the site.

(b) The use must meet all county, state and federal requirements.

(3) Contractor’s office. This use shall require an interim use permit and is subject to the following standards.

(a) The operator must reside at the site.

(b) The use must meet all applicable state, county and local regulations.

(4) Contractor’s yard. This use requires an interim use permit and is subject to the following:

(a) The site is no smaller than two and a half acres and limited to ten acres in size or 25% of the lot, whichever is less, and is located on a hard surface public road;

(b) The operation is not located within 500 feet of ten or more homes or a platted area existing prior to location of the business. A maximum of 25% of the total land area of the contractor’s yard may be used for screened outdoor storage. Any outside storage area must be screened from view from the road and any neighboring residences. All business related trucks and vans must be stored or parked inside a building or behind screening;

(d) The site shall not be located within the Shoreland, Floodplain or Wild and Scenic Overlay Districts;

(e) Employees, except office personnel, shall report to the site only for the purpose of picking up equipment and supplies and general maintenance;

(f) The operation shall be in accordance with the approved plan which shall become part of the permit;

(g) Any permit under this section is issued to the applicant for the parcel named in the permit only and is not transferable to another parcel of property;

(h) An application for an interim use permit for a contractor’s yard shall include the following information:

1. A plot plan showing:

a. Size of parcel;

b. Location and size of all buildings on the parcel;

c. Location and size of any area of outdoor storage and any type of screening used; and

d. Location and distance to neighboring residences.

2. A narrative with an in-depth description of the contracting business. At a minimum, the narrative shall contain:

a. The number of employees reporting to the site;

b. The type of equipment to be stored at the site;

c. The type and amount of materials and supplies to be stored at the site;

d. Provisions for maintenance of equipment;

e. Provisions for sanitary facilities for workers;

f. Types of activities conducted on the site; and

g. Location of office.

(i) The interim use permit shall be subject to an annual administrative review as set by the permit;

(j) The operator must reside at the site;

(k) Security, fencing and gate must be provided; and

(l) Security lighting shall be fully shielded.

(5) Kennel, commercial, where dogs or other domestic pets are raised for the sale, boarded or trained. This use requires a interim use permit and is subject to the following.

(a) All animal kennels shall provide indoor facilities having adequate heating, ventilation and lighting.

(b) All animal kennels shall provide outdoor facilities having shelter from the elements, sunlight, rain, snow and cold weather.

(d) Each large adult animal shall be provided with a separate fenced run at least thirty-six (3) square feet in size and located at least 100 feet from any property line.

(e) Facilities shall be inspected at least once a year at the owner’s expense by a doctor of veterinary medicine who shall provide a report to the Zoning Administrator describing the condition of the animals and facility, medical treatment required by the animals, and remedial actions necessary to improve the condition of the facility.

(f) Facilities must obtain all required state and federal licenses or operational permits.

(6) Small appliance repair. This use requires an interim use permit and is subject to the following standards: the operator shall reside at the site.

(7) Temporary asphalt plant, highway construction yard and equipment placement. This use includes temporary operations such as a bituminous plant, sand and gravel washing plant, ready mix plant, gravel crusher or contractor’s yard for highway construction. This use requires an interim use permit and is subject to the following standards.

(a) Equipment placement shall be good for a period not to exceed eight months.

(b) A performance bond shall be required for site restoration and road repair.

1. A plot plan showing the location of the temporary use and any temporary structures, parking areas and the like;

2. A cross-section sketch of the proposed work, if applicable;

3. A construction erosion control plan;

4. A drainage and restoration plan; and

5. A narrative with an in-depth description of the proposed operation, including at a minimum, the number of employees reporting to the site, plans for traffic control, the impact on the environment and impact to neighboring property owners and plans to mitigate any adverse impacts and plans for provision of sanitary facilities for workers.

(8) Upholstery, furniture repair or restoration. This use requires an interim use permit and is subject to the following.

(a) The operator shall reside at the site.

(b) The facility shall comply with all applicable local, state and federal requirements.

(9) Veterinary clinic. This use requires an interim use permit and is subject to the following standards.

(a) The operator shall reside at the site.

(b) All activities shall take place within a completely enclosed building with sound-proofing and odor control.

(F) Public service and utility uses.

(1) Communication towers, primary or accessory. This use requires an interim use permit and is subject to the following standards.

(a) The tower shall be a monopole structure.

(b) The maximum height allowed, including all antennas and other attachments, shall not exceed 200 feet, except publicly-owned towers may exceed the maximum height.

(c) Towers will be set back no less than 125% of the tower height or the tower fall zone, whichever is greater, with a minimum setback of 20 feet. No guyed wires shall be allowed.

(d) Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies.

(e) Signage shall not be allowed on the tower other than what is required for safety.

(f) The applicant must provide proof from a professional licensed engineer to verify that the equipment will not interfere with existing communications for public safety services.

(g) The City’s Planning Commission shall hire, and be reimbursed for actual costs by the applicant, a professional licensed engineer to verify that the equipment is not able to be located on any existing towers or building/utility structures within a one-mile radius of the proposed location for any of the following reasons:

1. The necessary equipment would exceed the structural capacity of the existing tower or building;

2. The necessary equipment would cause interference as to significantly impact the usability of the existing tower or building;

3. The existing towers or building/utility structures within a one-mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably; and

4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.

(h) The tower must be constructed to accommodate co-location antennas being placed at varying heights on the tower.

(i) The tower shall have an exterior finish that minimizes off-site visibility and is corrosive resistant.

(j) The site shall be surrounded by a security fence six feet in height with a lockable gate.

(k) Equipment and structures shall be designed or screened from view by suitable landscaping as to reflect and complement the architectural character of the surrounding neighborhood.

(l) All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is granted by the Planning Commission. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities and the landowner shall be responsible for the removal of the facilities and restoration of the site.

(m) The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices/apparatus.

(n) The applicant must verify through testing by a professional licensed engineer that the emissions from the tower meet FCC (Federal Communications Commission) regulations. This will be certified by the Planning Commission within one year of commencement of the operation of the tower.

(2) Wind energy generation facilities and towers, primary or accessory. This use requires a conditional use permit and is subject to the following.

(a) Towers and all related equipment shall be in compliance with all applicable local, state and federal regulatory standards.

(b) Permitted accessory wind generation facilities and towers shall have a rated capacity of no more than ten kilowatts and shall be of a height no greater than 50 feet.

	Permitted Towers	CUP Towers
Non-owned residence	500 feet	750 feet
Property line 200 feet	200 feet	200 feet
Road right-of-way	300 feet	300 feet

(d) Setbacks shall be increased to the tower fall zone if it is greater than any of the above.

(e) Noise shall be limited to a maximum level of 50dB(A) at the nearest property line.

(f) All towers supporting generation units with a rated capacity of more than 40 kilowatts shall be of a monopole type (self-supporting, tubular) and shall be no more than 300 feet in height.

(g) Rotor blades shall not exceed a height of 500 feet from the ground.

(h) No lighting shall be permitted other than that required by federal requirements.

(i) All connecting power lines shall be buried underground.

(j) Tower and facilities shall be designed to minimize their visual impact.

(G) Residential uses, accessory.

(1) Home occupations, permitted. A home occupation may be permitted in the ARD subject to the following.

(a) The occupation shall be conducted only by person(s) residing in the dwelling.

(b) The home occupation shall be incidental and subordinate to the use of the property for residential purposes.

(c) No traffic shall be generated by the home occupation beyond that which is reasonable and normal for the area in which it is located.

(d) One non-illuminated sign no more than four square feet in size and attached to the principal dwelling may be provided.

(e) Entrance to the home occupation is from within the structure, and no exterior evidence of the business is evident.

(f) The home occupation shall not result in increased usage of the septic system.

(g) One additional parking space shall be provided for the use of clients, deliveries and the like.

(2) Home occupation, with interim use permit. A home occupation that exceeds any of the standards for permitted home occupations may be allowed as an interim use in any district where residential uses are permitted, if the home occupation meets the following.

(a) No more than one person other than person(s) residing in the dwelling shall be employed in conjunction with the home occupation.

(b) The home occupation may be conducted in an accessory building or attached garage not exceeding a 2,000 square feet of gross floor area.

(d) No traffic shall be generated by the home occupation beyond that which is reasonable and normal for the area in which it is located.

(e) One non-illuminated sign no more than 16 square feet in size may be provided.

(f) No equipment or processes used in the home occupation shall create noise, vibration, glare, fumes, odors or electrical interference detectable off the premises.

(g) Rural business licensing shall be required for home occupations that require an interim use permit.

(3) Room and board facilities. Facilities shall be located within a principal residence and shall serve a maximum of two individuals; a separate kitchen for this purpose is prohibited.

(H) Structures accessory and temporary to permitted uses.

(1) Antennas. Satellite dish antennas and other antenna devices are permitted subject to the following.

(a) Antennas shall be in compliance with all state and local Building and Electrical Code requirements.

(b) Verification that the structural design and installation has been approved by a professional engineer shall be provided to the Building Official upon request.

(c) Antennas shall be limited to one per building or, if more than one antenna is proposed, the antenna shall be clustered in a single, screened fashion.

(d) No advertising message shall be on the antenna structure.

(e) Antennas shall comply with the setback requirements for principal structures and shall be located between the principal structure and a public street.

(f) No antenna shall be located within a shore impact zone or a bluff impact zone.

(g) Antennas shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground-mounted antennas and materials compatible with those utilized on the exterior of the building for roof-mounted antennas.

(h) Antennas located closer to a property line then the height of the antenna shall be designed and engineered to collapse progressively within the distances between the antenna and the property line.

(i) Antenna height shall be no more than 60 feet as measured from the ground at the base of the structure.

(2) Detached garages and storage sheds. Detached garages and storage sheds shall conform to the ARD setback requirements.

(3) Seasonal roadside stands. Seasonal roadside stands for sale of farm products are allowed with an interim use permit, subject to the following.

(a) No more than one stand per farm shall be permitted.

(b) Adequate off-street parking shall be provided.

(c) Merchandise shall be limited to agricultural products or manufactured goods produced by individuals having a residence or farm within the ARD.

(d) No electronic signs shall be permitted.

(4) Temporary farm dwelling. The purpose of a temporary farm dwelling is to provide living accommodations for farm workers, health care workers assisting farm residents or ailing parents or children. Temporary farm dwellings are allowed with an interim use permit, subject to the following standards.

(a) The applicant shall provide either a signed statement identifying that the farming activity requires additional farm workers or a signed doctor’s certificate that verifies that the persons needing care suffer from health problems that would necessitate constant supervised care and attention.

(b) The interim use permit shall be issued for a three-year term subject to renewal if a verified statement or doctor’s certificate has been filed with the Zoning Administrator and approved by the Planning Commission.

(c) The dwelling shall be limited to a manufactured home, which shall be maintained as highway ready, and shall be removed when no longer needed as a residence. HIGHWAY READY shall mean having the manufactured home on wheels of having the internal jacking system attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks. The manufactured home shall have no permanent structural additions attached.

(d) The dwelling shall be accessory to the primary residence on the farm.

(e) The dwelling shall be deemed the second dwelling unit for the quarter-quarter section.

(f) The dwelling shall be a minimum of 14 feet wide and a minimum of 672 square feet in area and shall meet current Department of Housing and Urban Development Code for manufactured homes, or bear a seal and a compliance certificate and data plate evidencing the manufacturer’s certification of code compliance.

(g) The dwelling shall meet all minimum building setbacks, shall be properly anchored and shall be setback a minimum of 50 feet from the primary residence on the parcel.

(h) The interim use permit shall automatically terminate and the unit shall be removed when title transfers or a contract for deed is recorded unless the transfer occurred between family members.

(i) The dwelling shall comply with the sewage and wastewater treatment regulations of this chapter.

(5) Other structures, storage shed. Storage sheds shall conform to the requirements set forth in the district in which they are located.

§ 155.10 PERFORMANCE STANDARDS.

(A) Nuisance standards.

(1) Noise. Any use established shall be so operated that no undue noise resulting from the use is perceptible beyond the boundaries of the property on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction, farming or maintenance operations.

(2) Vibration. Any use creating periodic earth-shaking vibration shall be prohibited if undue vibrations are perceptible beyond the boundaries of the property on which the use is located. This standard shall not apply to vibrations created during periods of construction.

(3) Glare and heat. Any use producing intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located.

(4) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the state’s Pollution Control Agency for the emission of smoke and particulate matter.

(5) Toxic or noxious matter. No use shall discharge into the atmosphere, water or subsoil, any toxic or noxious matter. All discharges shall be in conformity to the regulations and standards adopted by the state’s Pollution Control Agency.

(6) Light. Lighting shall be shielded and directed away from the public right-of-way and adjacent properties and shall not exceed one foot candle of illumination at the property line unless specifically approved.

(7) Compliance. In order to ensure compliance with the performance standards set forth above, the Zoning Administrator may require the owner or operator of any permitted, conditional or interim use to conduct investigations and tests needed to demonstrate compliance with the performance standards. The investigations and tests shall be performed by an independent testing organization selected by the Planning Commission. All costs shall be borne by the owner or operator.

(8) Use of fertilizer, pesticides or animal wastes. Use must be done in a way as to minimize impact on the shore impact zone or a public water by proper application or use of earth or vegetation.

(B) Storage standards.

(1) All materials and equipment shall be stored within a building or screened from adjoining properties, except for the following:

(a) Laundry drying and recreational equipment;

(b) Construction and landscaping materials and equipment being currently used for construction of the premises; and

(2) Boats and travel trailers and motor homes, less than 35 feet in length, are permissible, if stored in the side or rear yard not less than ten feet distant from any property line. Existing uses shall comply with this provision within 12 months of the effective date of this chapter.

(3) In a residential platted subdivision, wood piles must be neatly stacked, a maximum of eight feet in height, and must not take up more than 10% of the total open space of a yard.

(4) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall comply with the requirements of any applicable federal or state law, rules or regulations and must have documents from those offices stating that the use is in compliance. Fuel tanks may be permitted as accessory use only and shall be subject to setback requirements. All existing, above-ground liquid storage tanks shall comply with the requirements of the State Fire Marshal’s office.

(1) Screening. When any commercial, business or industrial use is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. The screening required shall consist of fences, trees or shrubs or other methods as approved by the Planning Commission before the plan is implemented.

(2) Fences. The following general standards apply to all fences constructed within the ARD.

(a) Any fence in excess of six feet in height shall require an interim use permit, except open fences constructed for agricultural purposes.

(b) Fences shall be located entirely upon the private property of the persons constructing the fence unless the owner of the adjacent property agrees, in writing, that such fence may be erected on the division lines of the respective properties. If adjacent neighbors cannot agree that such fence be placed on the property line, such fence must be placed one foot from the property line. The Zoning Administrator may require the owner of the property with an existing fence to establish the boundary line of the property by a survey.

(c) Posts and framework shall be placed within the property lines of the owner. The actual fencing material, such as chain link, lumber, pickets and the like, shall be placed on the side of the fence which faces the street or adjacent property.

(d) Building permits are not required for fences under six feet in height.

(e) No fence shall be constructed on road rights-of-way and shall not be placed in a manner that obstructs the view within the intersection and sight distance triangle or that interferes with use of the right-of-way for right-of-way purposes.

(f) Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Cloth or canvas shall not be allowed.

(g) Every fence shall be maintained in a condition of good repair and shall not be allowed to become and remain in a condition that would constitute a public nuisance or a dangerous condition.

(h) The following additional standards apply to residential fences.

1. The maximum height for a residential fence shall be six feet.

2. Barbed wire is not permitted in a residential platted subdivision.

(i) The following additional standards shall apply to business and industrial fences.

1. Fences may be located on a lot line to a height of six feet. Fences over six feet in height shall require an interim use permit.

2. A security arm for barbed wire shall be permitted when needed for security reasons as approved by the Planning Commission.

(D) Hazardous elements standards.

(1) Explosives. Any use requiring the storage, utilization or manufacturing of products that could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum or natural gas for normal residential or business purpose.

(2) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the state’s Pollution Control Agency.

(3) Incinerators. The installation of incinerators and their use and design shall be in conformity with the regulations and standards adopted by the state’s Pollution Control Agency.

(E) Parking standards. All parking, driveway and loading areas hereafter constructed or maintained shall conform to the provisions of this chapter.

(1) Computing requirements. In computing the number of parking spaces required, the following rules shall apply.

(a) “Square feet” shall refer to the gross floor area of the specific use.

(b) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature, as determined by the Zoning Administrator.

(2) Minimum size regulations. Each automobile space shall contain a minimum area of not less than 300 square feet, including access drives, a width of not less than nine feet and a depth of not less than 18 feet. Each space shall be adequately served by access drives. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve.

(3) Construction and maintenance.

(a) On-site parking areas and driveways shall be improved with a durable surface.

(b) Parking areas and driveways shall have curbs where needed to protect required yards, direct traffic or to control surface water runoff.

(d) The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a neat and adequate manner.

(e) Directional signs indicating entrances and exits to on-site parking areas are encouraged. Directional signs shall not bear any business name or be used for advertising.

(4) Required number of on-site parking spaces. On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. The minimum number of required on-site parking spaces for the following uses shall be as specified in the following table:

Land Use	Required Spaces
Automobile service station	4, plus 2 per service bay
Commercial indoor recreational use	1 per 250 square feet of public area
Commercial outdoor recreational use	As determined by the conditional or interim use permit
Limited production and processing	1 per employee on the largest shift, or 1 per 800 square feet, whichever is greater *
Lodging	1 per guest room plus 1 per employee on largest shift
Office or service business	1 per 400 square feet *
Outdoor sales lot	1 per 2,000 square feet of outdoor sales area *
Religious institution, place of assembly	1 per 3 seats in main seating area
Residential dwelling unit	2 per dwelling unit
Restaurant, café	1 per 100 square feet of customer seating area *
Retail business	1 per 250 square feet *
Schools, grades K - 12	2 per classroom, plus 1 per 3 students of legal driving age, based on capacity
Storage, wholesale or warehouse use	1 per employee on largest shift, or 1 per 2,000 square feet, whichever is greater *
NOTES TO TABLE: * The parking area will be increased by 20% if parking stalls are not paved and striped.

(5) Loading areas. Off-street loading space shall be provided for any non-residential use that requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, and that have a gross floor area of 5,000 square feet or more.

(a) Loading areas shall be provided according to the following minimum standards.

1. The off-street loading requirement for buildings with less than 20,000 square feet of gross floor area may be satisfied by the designation of a loading zone area on the site. This loading zone area shall be separate from any required off-street parking area and access to it shall not conflict with automobile or pedestrian circulation within the site.

2. Buildings with 20,001 to 50,000 square feet of gross floor area shall provide a minimum of one loading space.

3. Buildings with 50,001 to 100,000 square feet of gross floor area shall provide a minimum of two loading spaces.

4. Buildings with 101,000 or more square feet of gross floor area shall provide one additional loading space per each additional 30,000 square feet gross floor area.

(b) All loading spaces and driveways shall be surfaced with asphalt or concrete.

(6) Screening of parking and loading areas.

(a) All commercial or industrial parking and loading areas shall be screened from adjoining residential or agricultural uses by a wall, solid fence or densely planted compact vegetation at least six feet in height within two years of planting.

(b) All parking areas adjacent to a public right-of-way shall be screened with a masonry wall, fence, berm or hedge or combination that forms a screen at least three feet in height and not less than 90% opaque on a year-round basis. Overstory trees shall be planted within the required setback areas at intervals of one tree per 40 feet.

(F) Sign regulations. All signs hereinafter erected, altered, substantially repaired, relocated and maintained, except official traffic and road or street signs, shall conform to the following standards.

(1) Permit required. No sign shall be erected unless the owner of the land on which the sign will be placed obtains a sign permit.

(2) Billboards prohibited. Off-premises signs, more commonly known as billboards, shall be prohibited.

(3) Sign types - where allowed. Wall signs and monument signs are allowed in any zoning district.

(4) Number per lot. A maximum of one large sign, or two small signs that combined do not exceed the maximum specified in division (F)(5) below, per lot, shall be permitted in the ARD.

(5) Maximum size. The maximum size of a permitted sign is as follows:

(a) For residential uses and permitted home occupations: four square feet for each of two allowed sign faces;

(b) For home occupations allowed with an interim use permit: 16 square feet for each of two allowed sign faces;

(d) If two sign faces are proposed, they shall be immediately behind the other appearing to be two sides of a single sign and the faces shall not be at an angle to the other.

(6) Maximum height.

(a) Monument signs shall not exceed 12 feet in height above the average grade at the base of the sign.

(b) No part of a pylon sign shall exceed 30 feet in height above the average grade at the base of the sign.

(d) Ground-mounted signs are encouraged instead of building-mounted or pylon signs.

(7) Illumination. If a sign is externally illuminated, the illumination shall be directed only on to the sign and the light source shall not be visible from surrounding properties. Electronic signs shall not be permitted.

(8) Safe condition. No sign shall be permitted that shall in any way endanger the health or safety of the general public.

(9) Clean area.

(a) All areas surrounding a permitted sign shall be kept free from unreasonable growth, debris or rubbish.

(b) Failure to correct the conditions after being so directed in writing by the Zoning Administrator shall be cause for revocation of the existing sign permit and removal of the sign.

(10) Temporary signs. Signs of a temporary nature that do not exceed 12 square feet in area shall be exempt from the permitting requirement. Temporary signs may be displayed for a period not to exceed 30 days, on a maximum of four occasions per year.

(11) Removal for roadway construction. Signs shall be removed by the sign owner at no expense or claim of damage to any governmental unit, if necessary for construction, reconstruction or relocation of any public roadway.

(12) Limits on location. The following limits on location apply to all signs, permitted and temporary.

(a) No sign, except as erected by an official unit of government for the direction of traffic or necessary public information, shall be permitted within the right-of-way of any public road.

(b) All permitted signs shall be located outside of the required sight triangle and shall maintain a 20-foot setback from all property lines.

(G) Environmental performance standards.

(1) Purpose. The purpose of this division (G) is to provide regulations of general applicability for property throughout the ARD, to protect the natural environment, to minimize conflicts among land uses and to implement the natural resource goals of the Comprehensive Plan.

(2) Applicability. The regulations set forth in this division (G) apply to all structures and all land uses, except as otherwise provided in this chapter. No permit shall be issued unless provisions are made for meeting applicable environmental performance standards in this division (G).

(3) Impervious surface limitation. Impervious coverage of lots must not exceed 25% of the lot area including structures, roads, driveways and parking areas.

(4) Water supply and sewage treatment.

(a) Water supply standards. Any public or private water supply for domestic purposes must meet or exceed the water quality standards of the state’s Department of Health and the state’s Pollution Control Agency.

(b) Sewage treatment standards. Private or community sewer standards in all districts shall meet the standards for individual sewage treatment systems found in Minn. Rules Ch. 7080.

(c) Alternative septic site required. Each proposed use shall identify two sites approved for septic systems, and these sites shall be protected during construction and preserved in their natural state until their use as a septic system location.

(d) Compliance inspection required. A sewage treatment compliance inspection shall be required prior to issuance of any permit or certificate relating to water usage. The compliance inspection shall determine if the sewage treatment system is in conformance with this chapter and state regulations.

(e) Use of public systems required. Where available, publicly-owned systems must be used within one year of the date of issuance of a permit under this chapter. Existing non-conforming individual septic systems may be exempted at the discretion of the publicly owned system governing body if the governing body agrees to manage and regularly inspect the individual system. A new individual system shall not be allowed where a publicly owned system is available.

(5) Drainage and storm water management. No land shall be developed and no use shall be permitted that results in water run-off causing flooding or erosion on adjacent property. The run-off shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility designed to intercept and store run-off in an amount caused by a 100-year, 24-hour storm event (six inches of rain in 24 hours).

(a) Drainage plan required. A drainage plan shall be submitted and approved for all new commercial, industrial, institutional, residential and planned unit developments.

(b) Effect on adjacent land. A proposed development shall not increase the runoff rate of storm water so as to cause an adverse effect upon adjacent lands.

(c) Use of natural vegetation and natural features. Erosion protection measures shall make maximum use of natural in-place vegetation rather than the placing of new vegetation on-site as erosion control facilities. When possible, existing natural drainageways, natural or created wetlands, and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff.

(d) Disturbed area wetlands. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

(e) Constructed features standards. When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds shall be required. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities. Settling basins to intercept urban runoff shall be sized to a minimum of a 100-year, 24-hour (six inches of rain in 24 hours) storm design.

(f) Certification by a professional. When constructed facilities are used for storm water management, documentation must be provided by a professional engineer licensed with the state that they are designed and installed consistent with federal, state and local standards.

(g) Filtering and settling required. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended soils and skimming of surface debris before discharge.

(h) Easement dedications required. When a land or easement dedication is a condition of approval for a permit or subdivision, the applicant must provide easements over natural drainage or ponding areas for management of ponding areas, storm water and significant wetlands.

(i) Management and maintenance plan required. A management and maintenance plan shall be submitted and approved for all new commercial, industrial, institutional, residential and planned unit developments. The management and maintenance plan shall include plans for ownership, management and maintenance of drainage and storm water control features.

(H) Erosion and sedimentation control standards.

(1) Wetlands and water bodies. Wetlands and other water bodies shall not be used as primary sediment traps during or after construction.

(2) Placement of structures. All new structures shall be located in such a manner as to minimize the removal of vegetation and alteration of natural topography.

(3) Maintenance. Any and all erosion control, storm water runoff, utility access and similar structures shall be designed to be maintained, cleaned out and otherwise operated without requiring the crossing of private lands with or by the operation of motorized heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes on slopes in excess of 8%. As used in this section, private lands includes any outlots.

(4) Site suitability. The applicant shall demonstrate that the types and densities of land use proposed shall be suited to the site and soil conditions and shall not present a threat to the maintenance of water quality, a potential increase in maintenance cost of utilities, parking areas or roads, and shall not be subject to problems due to soil limitations including, but not limited to, soil bearing strength, shrink/swell potential and excessive frost movement.

(5) Construction fencing. The applicant shall be required to furnish and to install fences wherever the Zoning Administrator determines a hazardous condition may exist or an environmentally sensitive area needs to be protected during construction. The applicant, of his or her own volitions, shall provide fencing wherever a hazardous condition may exist during construction prior to any determination made by the Zoning Administrator.

(6) Construction waste handling. No cut trees, timber, debris, earth, rock, stones, rubbish or waste materials of any kind shall be buried in any land or left or deposited on any lot or future street without the approval of the Zoning Administrator.

(7) Topsoil preservation. If topsoil is removed from sites or lots during construction, it shall be stored and stockpiled for re-spreading over lots and shall not be sold or otherwise removed from the subdivision or site area unless the removal of excess topsoil is approved by the Planning Commission.

(8) Topsoil replacement. Topsoil shall be re-spread so as to provide at least six inches of cover originally existing on the site or a minimum of four inches of cover if the original cover was less. The site shall also be stabilized by seeding and/or sodding.

(I) Landscaping requirements. All required yards for any structure shall either be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with natural vegetation, lawn, trees and shrubs. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any residential district shall be landscaped with buffer planting screens. Plans of the screens shall be submitted to the Zoning Administrator for approval as part of the site plan and installed prior to issuance of a certificate of occupancy.

(J) Steep slopes. Slopes in excess of 18% and over 50 feet in length shall not be graded, excavated or developed. Slopes from 12% to 18% natural grade shall only be grades, excavated or developed according to an approved grading plan providing for stabilization and vegetation after grading as approved by the City Council. Additional steep slope provisions apply in the Shoreland, Wild and Scenic and Floodplain Overlay Districts.

(K) Trees, forest land and natural vegetation preservation.

(1) General standards. Natural vegetation, including ground cover and trees, shall be preserved and maintained to the greatest extent possible in order to control erosion and runoff, preserve habitat and maintain a buffer between land uses. The following restrictions shall apply to all development.

(a) Structures should be located in such a manner that the maximum number of trees shall be preserved.

(b) Prior to the granting of a building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site.

(c) Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape.

(d) The root zone of existing trees shall be preserved and protected during development including grading and contouring, so that the trees are not adversely affected by the construction work.

(e) Notwithstanding the above, the removal of trees seriously damaged by storms or other natural causes or diseased trees is permitted.

(f) Residential development shall not disturb or remove trees more than one-half acre, commercial or industrial development no more than one acre of healthy trees for the building pad, out buildings, driveways, septic system, firebreak, well or for any other purpose without first providing a tree replanting plan for the site to the Zoning Administrator.

(g) A tree inventory shall be carried out by the developer and no more than 40% of trees with a caliper of six inches or greater at DBH shall be cleared or in any way removed from the site unless replaced with an equal number and variety of trees of at least six inches at DBH (measured four and one-half feet above ground level), or an equivalent as determined by the Zoning Administrator.

(h) As a mitigating measure, where trees are to be removed, the developer shall prepare a tree planting plan to be approved by the Zoning Administrator. The plan shall be implemented as practical for the season prior to a final occupancy permit is issued.

(i) Timing of tree removal shall be such as to minimize tree loss.

(2) Forest land management standards. The harvesting of timber and associated reforestations or conversion of forested use to a non-forested use must be conducted consistent with the following standards.

(a) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the state’s Non-point Source Pollution Assessment - Forestry and the provisions of the Water Quality in Forest Management’s “Best Management Practices in Minnesota”.

(b) Forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards.

1. Shore and bluff impact zones must not be intensively cleared of vegetation; and

2. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.

(L) Wetlands preservation. To the extent possible, all wetlands, including marshlands and swamps, shall be retained in their natural state. Alterations to wetlands shall require review from the county’s Soil and Water Conservation District. The following provisions apply to wetlands in the ARD.

(1) Discharges.

(a) No part of any sewage treatment system requiring on-land or in-ground disposal of waste shall be located closer than 75 feet from the wetland boundary, as delineated by a certified wetland specialist, or ordinary high water level unless it is proven by the applicant that no effluent will immediately or gradually reach the wetland because of existing physical characteristics of the site or the system.

(b) Organic waste that would normally be disposed of at a solid waste treatment site or that would normally be discharged into a sewage treatment system or sewer shall not be directly or indirectly discharged to a wetland.

(2) Building constraints.

(a) The lowest floor elevation of buildings used for living quarters or work area shall be at least three feet above the ordinary high water level.

(b) Structures shall be setback 20 feet from the wetland boundary, as delineated by a certified wetland specialist.

(M) Additional requirements for designated trout streams.

(1) Any development or activity within the shoreland area of an agricultural river tributary stream that is a designated trout stream as designated by the Department of Natural Resources shall include efforts to mitigate the impact of development on the trout stream. The mitigation shall offset the effects of the development on water quality, water quantity and water temperature.

(2) Mitigation may include, but is not limited to, planting of stream bank vegetation, additional structure setbacks or additional storm water management controls.

§ 155.11 FLOODPLAIN OVERLAY DISTRICT.

(A) Statutory authorization, findings of fact and purpose.

(1) Statutory authorization. The legislature of the state has, in M.S. Ch. 103F and M.S. § 462.357, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the Planning Commission of the City does ordain as follows.

(2) Findings of fact.

(a) General. The flood hazard areas of the ARD are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards that is consistent with the standards established by the state’s Department of Natural Resources.

(c) National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program (NFIP), codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.

(3) Statement of purpose. It is the purpose of this section to promote public health, safety and general welfare and to minimize those losses described in this chapter.

(B) General provisions.

(1) Lands to which this section applies. This section shall apply to all lands within the Annexation Reserve District (ARD) shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe or General Floodplain Districts. The Floodplain District shall be considered a zoning district overlying and superseding all existing land use regulations in the ARD. Permitted, conditional and interim uses shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other ARD regulations.

(2) Establishment of official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the Flood Insurance Study for Bridgewater Township prepared by the Federal Emergency Management Agency and dated 8-4-1988 and the Flood Insurance Rate Map dated 8-4-1988 therein. The official zoning map shall be on file in the office of the Zoning Administrator.

(3) Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

(4) Interpretation.

(a) In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall be liberally construed in favor of the Planning Commission and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(b) The boundaries of the floodplain district shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the Floodplain Overlay District, the Zoning Administrator shall make the necessary interpretations based on elevations on the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the Zoning Administrator may:

1. Require a floodplain evaluation consistent with this section to determine a 100-year flood elevation for the site;

2. Base the decision on available hydraulic/hydrologic or site elevation survey date that demonstrates the likelihood the site is within or outside of the floodplain; or

3. Set the 100-year flood elevation on outletted lakes at three feet above the ordinary high water level.

(5) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

(6) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. This section shall not create liability on the part of the Planning Commission or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(7) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(8) Definitions. Definitions for this section shall be as found in § 155.03 of this chapter.

(1) Districts.

(a) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in this section.

(b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Insurance Rate Map as adopted in this section as being within Zone AE, AO or Zone AH without a floodway, but being located outside the floodway.

(c) General Floodplain District. The General Floodplain District shall include those areas designated as Zone 1 or Zones AE, Zone AO, or Zone AH without a floodway on the Flood Insurance Rate Map adopted in this section.

(2) Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations that apply to uses within the jurisdiction of this chapter. Within all Floodway and Flood Fringe Districts, and General Floodplain Districts, all uses not listed as permitted, conditional or interim under this section shall be prohibited. In addition, a caution is provided that:

(a) New manufactured homes, replacement manufactured homes and certain travel trailers are subject to the general provisions of this chapter;

(b) Modifications, additions, structural alterations, normal maintenance and repair or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this chapter; and

(c) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in this chapter.

(D) Floodway District (FW).

(1) Permitted uses. The following are permitted uses in the Floodway District:

(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;

(b) Industrial-commercial loading areas, parking areas and airport landing strips;

(c) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and single or multiple purpose recreational trails; and

(d) Residential lawns, gardens, parking areas and play areas.

(2) Standards for floodway permitted uses.

(a) The use shall have a low flood damage potential.

(b) The use shall be permissible in the underlying zoning district.

(c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.

(3) Conditional uses. The following uses of land or structures are considered conditional uses in the Floodway District:

(a) Structures accessory to the uses listed in division (D)(1) above;

(b) Extraction and storage of sand, gravel and other materials;

(d) Railroads, streets, bridges, utility transmission lines and pipelines;

(e) Storage yards for equipment, machinery or materials;

(f) Placement of fill or construction of fences;

(g) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of the section in this chapter related to manufactured homes, manufactured home parks and placement of recreational vehicles; and

(h) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

(4) Standards for floodway conditional uses.

(a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.

(b) All floodway conditional uses shall be subject to the procedures and standards in division (D)(3) above.

(d) 1. Fill, dredge, spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable material.

2. Dredge spoil sits and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted and approved. The plan shall include an erosion/sedimentation prevention element to the plan.

3. As an alternative, and consistent with division (D)(4)(d)2. above, dredge spoil and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would cause an increase in the stage of the 100-year or regional flood but only after the Planning Commission has received an appropriate plan that assures the removal of the materials from the floodway based upon the flood warning time available. A conditional use permit granted under this section must be title registered with the property in the office of the County Recorder. It is the responsibility of the property owner to record a conditional use permit.

(e) 1. Accessory structures shall not be designed or used for human habitation.

2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the flood flow; and

b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

3. Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the state’s Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garages, the detached garage must be used solely for the parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate.

a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.

b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.

c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

(f) 1. The storage or processing of materials, that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.

2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Planning Commission.

(g) Structural works for flood control that will not change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of M.S. Ch. 103G, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas form the regulatory flood plan shall not be allowed in the floodway.

(h) A levee, dike or floodwall constructed in the floodway shall not cause an increase in the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(E) Flood Fringe District.

(1) Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning district(s). All permitted uses shall comply with the standards for Flood Fringe uses listed within this section.

(2) Standards for flood fringe permitted uses.

(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot above the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

(b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood-proofed in accordance with this section.

(c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with this subpart.

(d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.

(e) The provisions of division (E)(5) below shall apply.

(3) Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance with division (E)(2) above and/or any uses that do not comply with the standards of division (E)(5) below shall only be allowable as a conditional use permit. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in divisions (D)(5) above and (E)(4) below.

(4) Standards for flood fringe conditional uses.

(a) 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls and the like or above grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above grade and not a structure’s basement or lowest floor if:

a. The enclosed area is above-grade on at least one side of the structure;

b. It is designed to internally flood and is constructed with flood resistant materials; and

c. It is used solely for the parking of vehicles, building access or storage.

2. The above-noted alternative elevation methods are subject to the following additional standards.

a. Design and certification. The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state’s Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory floodplain elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

b. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

i. A minimum of “automatic” openings in the wall where internal flooding is to be used as flood-proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, entry and exit of flood waters without any form of human intervention; and

ii. The enclosed area will be designed of flood resistant materials in accordance with the FP-3 and FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.

(b) Basements, as defined in § 155.03 of this chapter, shall be subject to the following.

1. Residential basement construction shall not be allowed below the regulatory floodplain elevation.

2. Non-residential basements may be allowed below the regulatory flood protection elevation; provided, the basement is structurally dry flood-proofed in accordance with division (E)(4) below.

3. All areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the FP-1 or FP-2 flood-proofing classification in the state’s Building Code and this shall require making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 and FP-4 classification shall not be permitted.

4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil, disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Planning Commission. The plan may incorporate alternative procedures for the removal of the material from the floodplain if adequate flood warning time exists.

5. a. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.

b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Planning Commission.

6. The standards in division (E)(5) below shall also apply.

(5) Standards for all flood fringe uses.

(a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory floodplain elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

(b) Commercial accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory floodplain elevation. However, a permit for the facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and veloCity such that when multiplying the depth (in feet) times veloCity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

(c) For manufacturing and industrial uses, measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses, such as yards and parking lots, may be at a lower elevation subject to the requirements set out in division (E)(5)(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

(d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(e) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.

(f) Standards for recreational vehicles are contained herein.

(g) All manufactured homes must be securely anchored in an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(F) General Floodplain District.

(1) Permissible uses.

(a) The permitted uses listed in the Floodway District, division (D)(1) above, shall be permitted uses in the General Floodplain District.

(b) All other uses shall be subject to the floodway/fringe criteria pursuant to division (F)(2) below. Division (D) above shall apply if the proposed use is in the Floodway District and division (E) above shall apply if the proposed use is in the Flood Fringe District.

(2) Procedures for floodway and flood fringe determination within the General Floodplain District.

(a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such of the following information that is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District:

1. Typical valley cross-sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;

2. Plan (surface view) showing elevations or contours of the ground, pertinent structures, fill or storage elevations, the size, location and spatial arrangement of all proposed and existing structures on the site, and the location and elevation of streets;

3. Photographs showing existing land uses, vegetation upstream and downstream and soil types; and

4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

(b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Rules parts 6120.5000 through 6120.6200 and 44 C.F.R. part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ area hydrologist prior to commencing the analysis. The designated engineer or expert shall:

1. Estimate the peak discharge of the regional flood;

2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and

3. Compute the floodway necessary to convey or store the regional flood without increasing flood states more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

(c) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Planning Commission. The Planning Commission must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Planning Commission, prior to official action, may submit the application and all supporting date and analyses to the Federal Emergency Management Agency, the Department of Natural Resources and/or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District boundaries have been determined, the Planning Commission shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this section.

(G) Subdivisions.

(1) Review criteria. No land shall be subdivided that is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, including the Floodway and the Flood Fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(2) Floodway/flood fringe determination in the Floodplain Districts. In the Floodplain Districts, applicants shall provide the information required herein to determine the 100-year flood elevation, the Floodway and the Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

(3) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard designation for certain structures property elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(H) Public utilities, railroads, roads and bridges.

(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain shall be flood-proofed in accordance with the state’s Building Code or elevated above the regulatory flood protection elevation.

(2) Public transportation facilities. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(3) On-site sewage treatment and water supply systems.

(a) Where public utilities are not provided:

1. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

2. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding.

(b) Any sewage treatment system designed in accordance with the state’s current statewide standards or on-site sewage treatment systems shall be determined to be in compliance with this chapter.

(I) Manufactured homes and manufactured home parks and placement of recreational vehicles.

(1) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions in division (G) above.

(2) (a) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in the floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with division (F) above. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with division (E)(5) above, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Planning Commission.

(b) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(3) Recreational vehicles that do not meet the exemption criteria specified in division (I)(2)(b) above shall be subject to the provisions of this section and as specifically spelled out in divisions (I)(3)(c) and (I)(3)(d) below.

(a) Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (I)(3)(b) below and further they meet the following criteria:

1. Have a current license required for highway use;

2. Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it; and

3. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

(b) Areas exempted for placement of recreational vehicles.

1. Individual lots or parcels of record;

2. Existing commercial recreational vehicle parks or campgrounds; and

3. Existing condominium type associations.

(c) Losing exemption. Recreational vehicles exempted by this section lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in divisions (D) and (E) above. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.

(d) New parks or campgrounds. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five dwelling sites shall be subject to the following.

1. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts; provided, the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with division (E)(5) above. No fill placed in the floodway to meet the arrangements of this section shall increase flood stages of the 100-year or regional flood.

2. Any new or replacement recreational vehicles not meeting the criteria of division (I)(3)(d)1. above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of division (D)(4) above. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions hereof will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as not to be impaired or contaminated during times of flooding in accordance with division (H)(3) above.

(J) Administration.

(1) Zoning Administrator. The Zoning Administrator or other official designated by the Planning Commission shall administer and enforce this section. If the Zoning Administrator finds a violation of the provisions of this section, the Zoning Administrator shall notify the person responsible for the violation in accordance with the procedures stated in division (L) below.

(2) Permit requirements.

(a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure or portion thereof; prior to the use or change of use of building, structure or land; prior to the construction of a dam, fence or on-site septic system; prior to the change or extension of a non-conforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(b) Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation to the stream channel.

(c) State and federal permits. Prior to granting a permit or processing an application for a conditional or interim use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.

(d) Certificate of zoning compliance for a new, altered or non-conforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.

(e) Construction and use to be as provided on application, plans, permits, variances and certificates of zoning compliance. Permits, variances, conditional use permits, interim use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this section and punishable as provided by division (L) below.

(f) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect.

(g) Record of first flood elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest flood (including basement) of all new structures and alterations or additions to existing structures in the floodplains. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed.

(h) Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Ch. 103G, as it may be amended from time to time, this shall suffice as adequate public notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(i) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific report.

(3) Board of Adjustment.

(a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.

(b) Administrative review. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement and administration of this section.

(c) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variances from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the municipal planning enabling legislation. In the granting of the variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other ARD zoning regulations, and in the municipal planning legislation that justified granting the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by law. The following additional variance criteria of the Federal Emergency Management Agency (FEMA) must be satisfied.

1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

2. Variances shall only be issued upon:

a. Showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. A determination that the granting of a variance will not result in increase flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances.

3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.

(e) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within the time required by law. In passing upon an appeal, the Board of Adjustment may, so long as the action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. The Board shall make its decision in writing setting forth the findings of fact and reasons for its decisions. In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards as those specified in division (J)(3)(f) below, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable hereunder. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.

(f) Appeals. Appeals from any decision of the Board of Adjustment may be made as specified in this chapter.

(g) Flood insurance notice and record keeping.

1. The Zoning Administrator shall notify the applicant for a variance that:

a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

b. Such construction below the 100-year or regional flood level increases risk to life and property.

2. The notification shall be maintained with a record of all variance actions. The Zoning Administrator will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report, as required, to the Administrator of the National Flood Insurance Program.

(4) Conditional uses. The Planning Commission shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning Commission for consideration.

(a) Hearings. Upon filing of an application for a conditional use permit with the Zoning Administrator, the Zoning Administrator shall submit a copy of the proposed conditional use permit application by mail to the Commissioner of Natural Resources sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing.

(b) Decision. The Planning Commission shall take final action on the proposed conditional use permit in the time period required by law. In granting a conditional use permit, the Planning Commission shall prescribe appropriate conditions and safeguards, in addition to those specified in division (J)(4)(e) below, that are in conformity with the provisions of this section. Violations of the conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section punishable under division (L) below. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.

(c) Procedures to be followed by the Planning Commission in passing on conditional use permit applications within all Floodplain Districts.

1. The applicant shall furnish such of the following information and additional information as deemed necessary by the Planning Commission for determining the suitability of the particular site for the proposed use:

a. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and

b. Specifications for building construction and materials, flood-proofing, filing, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

2. The Zoning Administrator shall transmit one copy of the information described above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating a proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. The cost of such review shall be borne by the applicant.

3. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(d) Factors upon which the decision of the Planning Commission shall be based. In passing upon conditional use permit applications, the Planning Commission shall consider all relevant factors specified in other sections of this section, and the following:

1. The danger to life and property due to increased flood heights or velocities caused by encroachments;

2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures;

3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;

4. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;

5. The importance of the services provided by the proposed facility to the community;

6. The requirements of the facility for a waterfront location;

7. The availability of alternative locations not subject to flooding for the proposed use;

8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;

10. The safety of access to the property in times of flood for ordinary and emergency vehicles;

11. The expected heights, veloCity, duration, rate of rise and sediment transport of the flood waters expected at the site; and

12. Such other factors that are relevant to the purposes of this section.

(e) Conditions attached to conditional use permits. Upon consideration of the factors listed above the purpose of this division (J)(4)(e), the Planning Commission shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. The conditions may include, but are not limited to, the following:

1. Modification of waste treatment and water supply facilities;

2. Limitation on period of use, occupancy and operation;

3. Imposition of operational controls, sureties and deed restrictions;

4. Requirements for construction of channel modifications, compensatory storage, dikes, levees or other protective measures; and

5. Flood-proofing measures, in accordance with the state’s Building Code and this section. The applicant shall submit a plan or document certified by a registered engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(5) Interim use permits. The process and procedures for interim use permits shall be the same as that for conditional use permits.

(K) Non-conforming uses. A structure, or the use of a structure or premises, that was lawful before the passage or amendment of this section, but which it not in conformity with the provisions of this section, may be continued subject to the following conditions. Historic structures, as defined in this chapter, shall be subject to the provisions of this section.

(1) No such use shall be expanded, enlarged or altered in a way that increases the non-conformity.

(2) Any structural alteration or addition to a non-conforming structure or non-conforming use that 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 classification) allowable in the state’s Building Code, except as further restricted in divisions (K)(3) and (K)(4) below.

(3) The cost of any structural alteration or additions to any non-conforming structure over the life of this structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the township’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of divisions (K)(4) and (K)(5) below for new structures, depending upon whether the structure is in the Floodway or Flood Fringe, respectively.

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

(5) If any non-conforming use or structure is destroyed by any means, or substantially damaged as defined in this section, it shall not be reconstructed, except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures herein will apply depending upon whether the use or structure is in the Floodway District, Flood Fringe District or General Floodplain District respectively.

(6) If a substantial improvement, as defined in this chapter, occurs, from any combination of a building addition to the outside dimensions of an existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimensions of an existing non-conforming building, then the non-conforming building must meet the requirement hereof for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Districts, respectively.

(L) Penalties for violation.

(1) Violation of the provisions of this section or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of variances, conditional use or interim use permits) shall constitute a misdemeanor and shall be punishable as defined by law.

(2) Nothing herein contained shall prevent the Planning Commission from taking other lawful action as is necessary to prevent or remedy any violation. The actions may include, but are not limited to:

(a) In responding to a suspected ordinance violation, the Zoning Administrator, under the direction of the Planning Commission, may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fine, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community will act in good faith to enforce those official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program;

(b) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of this section. As soon as it is reasonably possible, this information shall be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office, along with the Planning Commission’s plan of action to correct the violation to the degree possible;

(c) The Zoning Administrator shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violations of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Planning Commission. If the construction or development is already completed, then the Zoning Administrator may either:

1. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

2. Notify the responsible party to apply for an after-the-fact permit and/or development approval within a specified period of time not to exceed 30 days.

(d) If the responsible party does not appropriately respond to the Zoning Administrator within a specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition that existing prior to the violation of this section.

(M) Amendments. The floodplain designation on the official zoning map shall not be removed from the floodplain unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. All amendments to this section, including amendments to the official zoning map that relate to the floodplain districts, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map that relate to the floodplain districts must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days’ written notice of all hearings to consider an amendment to this section and the notice shall include a draft of the amendment or technical study under consideration.

§ 155.12 WS, WILD AND SCENIC RIVER DISTRICT.

(A) Purpose and intent. The purpose of the Cannon River Wild and Scenic River District is:

(1) Conserve and protect the natural scenic values and resources of the Cannon River and to maintain a high standard of environmental quality;

(2) Regulate the area of a lot and the length of bluff land and water frontage suitable for building sites to reduce the effects of overcrowding and provide ample space on lots for sanitary facilities;

(3) Regulate the setbacks of structures and sewage treatment systems from bluff lines and shorelines;

(4) Regulate alterations of then natural vegetation and topography;

(5) Maintain property values and prevent poorly planned development;

(6) Preserve natural beauty and quietude;

(7) Prevent pollution;

(8) Designate land use districts along the bluff land and shoreline of the Cannon River; and

(9) Protect and preserve the Cannon River, its tributaries and its adjacent land that possesses scenic values of the Cannon River by ensuring development within this river corridor is consistent with the Wild, Scenic and Recreational Statewide Standards (Minn. Rules parts 6105.0010 through 6105.0250; Minn. Rules parts 6105.1550 through 6105.1700) and the Scenic Rivers Act (M.S. §§ 103F.301 through 103F.345).

(B) General provisions.

(1) Jurisdiction. The jurisdiction of this section shall include all lands designated within the Cannon River land use district in the ARD based on upon the Cannon River Management Plan, Minn. Rules part 6105.1680 and are delineated on the official zoning map of the ARD.

(2) Compliance. The use of any land within the Cannon River Wild and Scenic River District overlay district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the filling, grading, dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Permits from the Zoning Administrator are required by this section and this division (B) for the construction of structures, public or private water supply and sewage treatment systems, the upgrading and filing of the natural topography and erection of signs within the Cannon River Wild and Scenic River Overlay Land Use District.

(1) It is not intended by this section to repeal, abrogate or impair any existing easement, covenants, deed restrictions or land use controls. Where this section imposes greater restrictions, the provisions of this section shall prevail. In case of conflict between a provision of the state’s Wild, Scenic and Recreational River Statutes and statewide standards and criteria and some other law of the state or provisions of existing ordinances, the more protective provision shall apply.

(2) In their interpretation and application, the provisions of this section shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by state statutes.

(3) The provisions of this section shall be severable, and the invalidity of any paragraph, subparagraph or division thereof shall not make void any other paragraph, subparagraph, division or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this section or the application of this section to a particular property, building or other structure, the judgment shall not affect any other provision of this section or any other property, building or structure not specifically included in the judgment.

(4) The word “shall” is mandatory, not permissive. All distance, unless otherwise specified, shall be measured horizontally.

(5) For the purposes of this section, words and terms are as defined in § 155.03 of this chapter.

(D) Overlay Land Use District provisions.

(1) Districts.

(a) In order to preserve and protect the Cannon River and its adjacent lands that possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Cannon River in Bridgewater Township has been given a Wild and Scenic Rivers Classification and the uses and classification the river and its adjacent lands are hereby designated by overland land uses zoning districts, the boundaries of which are based on the Cannon River Management Plan and Minn. Rules part 6105.1680.

(b) The boundaries of the Cannon River Wild and Scenic Overlay District are shown on the official zoning map of the ARD, which is made a part of this chapter and is on file with the Zoning Administrator. In case of conflict between the map and the property descriptions in the Cannon River rule, the more restrictive shall prevail.

(c) If land is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until this section is amended. The amended section shall meet the provisions of the plan that applied to the land before the transfer.

(2) Purpose. The purpose of establishing standards and criteria for the management of the Cannon River Wild and Scenic River Overlay District shall be to preserve and protect existing and natural, scenic, historical, scientific and recreational values, to reduce the effect of overcrowding and poorly planned development of adjacent lands, to prevent pollution, to preserve natural beauty and quietude, to maintain proper relationships between various land use types and to prohibit new uses that are inconsistent with the statewide standards and criteria for Wild and Scenic Rivers, Minn. Rules parts 6105.0010 through 6105.0250.

(3) Permitted, conditional and interim uses.

(a) Permitted, conditional and interim uses are as specified in the table in § 155.06 of this chapter. All other uses shall be considered prohibited, except for the following governmental and public activities:

1. Governmental campgrounds subject to management plan specifications;

2. Other governmental open space recreational uses subject to management plan specifications;

3. Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; and accessory roads;

4. Public access and trail access subject to management plan specifications; and

5. Public access, road access with boat launching facilities subject to management plan specifications.

(b) Permitted and conditional or interim uses may be combined on a single parcel; provided that, each use meets the general, density, specific and performance standards of this chapter and any other applicable provisions of this chapter.

(4) Non-conforming uses. Uses that are prohibited but which are in existence prior to adoption of this section shall be non-conforming uses. The uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most current permit prior to the adoption of this chapter.

(E) Zoning dimensions.

(1) Minimum district dimensional requirements. The following chart sets forth the minimum lot size and width, setbacks and other requirements in the Cannon River Wild and Scenic River Overlay District:

Standard	Minimum Requirements
Building setback from ordinary high water level	100 feet
Building setback from top of bluff	30 feet
Controlled vegetative cutting area: setback from ordinary high water level Setback from top of bluff	100 feet 30 feet
Lot size and density * There shall be no more than 1 dwelling unit per lot	Minimum lot size is 2.5 acres
Lot width at building line	250 feet
Lot width at ordinary high water level	250 feet
Maximum structure height	35 feet
On-site sewage treatment system setback from ordinary high water level	75 feet

(2) Slopes. Structures shall not be located on slopes greater than 12% unless the structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this chapter are complied with, and the building permit application can prove to the Zoning Administrator that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems though special construction methods.

(3) Placement in floodways. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with statewide standards and criteria for the management of floodplain areas of the state (Minn. Rules parts 6120.5000 through 6120.6200) and division (K) below.

(F) Substandard lots.

(1) Lots of record in the office of the County Recorder on the effective day of enactment of this chapter that do not meet the dimensional requirements of this section shall be allowed as building sites; provided, the proposed use is permitted in the land use district; the lot was in separate ownership on the date of enactment of this section; all sanitary requirements are complied with; and dimensional provisions are complied with to the greatest extent possible.

(2) If, in a group of two or more contiguous lots under a single ownership and any individual lot does not meet the minimum lot width requirements of this section, the individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of this section.

(G) Substandard uses. All uses in existence prior to the effective date of enactment or amendment of this chapter that are permitted uses within the Cannon River land uses district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this section are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: any structural alteration or addition to a substandard use that will increase the substandard dimension shall not be allowed.

(H) Sanitary provisions; water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency and local administrative procedures. Private wells must be located, constructed, maintained and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the state’s Department of Health.

(I) Sewage treatment.

(1) Sewage treatment. Any premises intended for human occupancy must be provided with an adequate method of sewage treatment. Publicly-owned sewer systems must be used where available. Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the state’s Department of Health, the state’s Pollution Control Agency, specifically Minn. Rules Ch. 7080 for individual sewage treatment systems, the standards of this section, and any other applicable standards of this chapter.

(2) Non-conforming sewage treatment systems.

(a) A non-conforming sewage treatment system not meeting the requirements of this section must be upgraded, at a minimum, whenever a permit or variance of any type is required for any improvement on, or use of, the property.

(b) For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.

(c) All non-conforming sewage treatment systems shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.

(J) Landscape alterations.

(1) Vegetative cutting.

(a) The vegetative cutting provisions in this section shall apply to those areas specified in division (J)(2) below.

(b) The following general provisions apply within designated setback areas.

1. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.

2. Selective cutting of trees in excess of four inches in diameter at four feet in height is permitted; provided, cutting is spaced in several cutting operations, a continuous tree cover is maintained, and is uninterrupted by large openings.

(2) Clear cutting. Clear cutting anywhere in the designated Cannon River Wild and Scenic Overlay District is subject to the following standards and criteria.

(a) Clear cutting shall not be used as a cutting method where soil, slope or other watershed conditions are determined by the Zoning Administrator to be fragile and subject to severe erosion and/or sedimentation.

(b) Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.

(d) Where feasible, all clear cuts shall be conducted between September 1 and May 1. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.

(K) Grading, filling, alterations of the beds of public waters.

(1) Grading and filling of the natural topography that is not accessory to a permitted, conditional or interim use shall not be permitted in the land use districts.

(2) Grading and filling of the natural topography that is accessory to a permitted, conditional or interim use shall not be conducted without a grading and filling permit from the Zoning Administrator. A grading and filling permit may be issued only if the following conditions are property satisfied:

(a) Grading and filing shall be performed in a manner that minimizes earthmoving, erosion, tree clearing and the destruction of natural amenities;

(b) The smallest amount of bare ground is exposed for as short a time as possible;

(d) Methods to prevent erosion and trap sediment are employed; and

(e) Fill is stabilized to accepted engineering standards.

(3) Excavation of material from, or filling in a Wild and Scenic River, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to M.S. § 103G.245, as it may be amended from time to time, which requires a permit from the Commissioner before any change is made in the course, current or cross-section of public waters.

(4) Drainage or filling of wetlands is not allowed within the land use districts designated by this chapter.

(L) Utility transmission crossings.

(1) All utility crossings of the Cannon River or state lands within the Cannon River Land Use District require a license from the Commissioner pursuant to M.S. § 84.415, as it may be amended from time to time.

(2) All utility transmission crossings constructed within the Cannon River Land Use District shall require a conditional use permit. The construction of the transmission services shall be subject to Minn. Rules parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage lines under control of the Environmental Quality Board (EQB) pursuant to M.S. § 216E.10, as it may be amended from time to time.

(M) Public roads.

(1) In addition to such permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of public roads within the Cannon River Land Use District. The construction or reconstruction shall be subject to Minn. Rules part 6105.0190 and 6105.0200.

(2) Public roads include township, county and municipal roads, streets and highways that serve or are designated to serve flows of traffic between communities or other traffic generating areas. A conditional use permit is not required for minor public streets that are intended to serve primarily as an access to abutting properties.

(N) Bridges. The development of bridges cited in Minn. Rules part 6115.0230 and 6115.0231, shall comply with the construction and permit requirements of Minn. Rules parts 6105.0190 and 6105.0200. The reconstruction, replacement or upgrading of existing bridge crossings shall comply with Minn. Rules parts 6105.0190 and 6105.0200.

(O) Subdivisions; land suitability.

(1) No land shall be subdivided that is determined by the Zoning Administrator or the Commissioner, to be unsuitable because of flooding, inadequate drainage, unique natural features, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.

(2) No plat or subdivision within the Cannon River District shall be approved by the Planning Commission until the applicant has proven, through percolation rate tests, soil boring tests and other requirements of Minn. Rules Ch. 7080, that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.

(3) The provisions otherwise set forth in this section and in division (M) above shall apply to all plats.

(P) Administration; certification procedure.

(1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider ordinances, zoning amendments, variances or inconsistent plats under this section shall be sent so as to be received by the Commissioner at least 30 days prior to the hearings or meetings to consider the requests. The notice or application shall include a copy of the proposed amendment, or a copy of the proposed inconsistent plat, or a description of the requested variances.

(2) The Planning Commission shall notify the Commissioner of its final decision on the proposed action within ten days of the decision.

(3) The Commissioner shall, no later than 30 days from the time he or she receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of denial.

(4) The action becomes effective when and only when either:

(a) The final decision taken by the Planning Commission has previously received certification of approval from the Commissioner;

(b) The Planning Commission receives certification of approval after its final decision;

(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the Planning Commission has received from the Commissioner neither certification of approval, nor notice of denial; or

(d) The Commissioner certifies his or her approval after conducting a public hearing.

(5) In case the Commissioner gives notice of denial of an ordinance, amendment, variance or inconsistent plat, either the applicant or the Chairperson of the Planning Commission may, within 30 days of the notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of denial becomes final.

(a) The hearing will be held in an appropriate local community within 60 days of the demand and at least two weeks’ published notice.

(b) The hearing will be conducted in accordance with M.S. § 103G.311, subd. 2, 6 and 7, as they may be amended from time to time.

(Q) Amendments.

(1) Requests for amendments of this section may be initiated by a petition of affected property owners or by action of the Planning Commission. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study. Amendments to this section shall be processed as outlined in § 155.04(E) of this chapter.

(2) An application for an amendment shall be filed with the Zoning Administrator.

(3) Upon receipt in proper form of the application and other requested materials, a public hearing shall be conducted in the manner prescribed by state statutes. Following the public hearing and recommendation by the Planning Commission, the City Council may adopt the amendment in the manner prescribed by state statutes and as outlined in § 155.04(E) of this chapter.

(4) Certification from the Commissioner must be obtained as specified in division (Q)(3) above before the proposed amendment becomes effective.

(R) Variances.

(1) The grant of a variance in the Cannon River Wild and Scenic Overlay District requires the presence of the following conditions:

(a) The strict enforcement of the land use controls will result in unnecessary hardship;

(b) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with this chapter;

(d) Granting of the variance will not allow any use which is neither permitted or permitted with a conditional or interim use permit in the land use district in which the subject property is located;

(e) Granting of the variance will not alter the essential character of the locality; and

(f) Exceptions for lots that do not meeting the minimum lot width requirements of this section. Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots that do not meet the minimum lot width requirements of this section.

(2) All granted variances to the requirement of this section must be certified in accordance with this chapter before they become effective.

(S) Plats.

(1) Copies of all plats within the Cannon River Land Use District shall be forwarded to the Commissioner within ten days of approval by the Planning Commission.

(2) Approval of a plat that is inconsistent with this section is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.

(3) All inconsistent plats approved by the Planning Commission must be certified in accordance with this section.

(T) Conditional use permit application review by DNR.

(1) A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days prior to a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of the action.

(2) Any conditional use permit for governmental campgrounds, private campgrounds, public accesses with boat launching facilities, public accesses with trail access, governmental open space recreational uses and private open space recreational uses require approval by the Commissioner.

(U) Procedures summary. The following table summarizes permit, review and certification procedures within the Cannon River Land Use District designated by this section:

Types of Activities	Procedures
Amendments to ordinance	PH - FD - CC
Building permits	LP
Conditional use permits	PH - FD
Grading, filing permits	LP
Inconsistent plats	PH - FD - CC
Planned cluster developments	PH - PA - FD - CC
Plats	FD
Sewage system permits	LP
Sign construction permits	LP
Variances	PH - FD - CC
Water supply permits	LP
NOTES TO TABLE: LP - Permit issued by Building Official or Zoning Administrator in accordance with this section and this chapter PH - Copy of public hearing notice or application sent so as to be received by the Commissioner at least 30 days prior to the hearing or meeting CC - Action becomes effective only when the Commissioner certifies its compliance with the Act, statewide standards and criteria, and the Cannon River rules FD - A copy of the final determination is forwarded to the Commissioner PA - Preliminary plans approved by the Commissioner prior to their enactment

(V) Enforcement.

(1) It is declared unlawful for any person to violate any of the terms and provisions of this section. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.

(2) In the event of a violation or a threatened violation of this section, the Planning Commission, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain or abate the violations or threatened violations.

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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