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(A) The following shall be considered as permitted encroachments on setback and height requirements, except as herein provided:
(1) In any yard. Posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features and fences, and all other similar devices incidental and appurtenant to the principal structure, except as restricted elsewhere herein;
(2) In side and rear yards. Bays not to exceed a depth of three feet or contain an area of more than 30 square feet, fire escape not to exceed a width of three feet. Breezeways, detached outdoor picnic shelters, open arbors and trellises may extend to within five feet of a side or rear lot line; except that, no structure shall exceed 500 square feet. Covered porches may extend 20 feet into the rear yard, but not closer than ten feet from the rear lot line, and must meet shoreland standards; and
(3) Height limitations. Height limitations shall not apply to barns, silos and other non-residential farm structures; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles, public utility facilities; transmission towers of commercial and private radio broadcasting station; television antenna, private ham radio towers and parapet walls extending not more than four feet above the limiting height of the building, except as provided in municipal airport zoning provisions.
(B) In no event shall off-street parking space, structures of any type, buildings or other features cover more than 50% of the lot area resulting in less than 50% landscaped area in Residential Districts.
(A) Access drives may not be placed closer than five feet to any side or rear lot line. No access drive shall be closer than three feet to any single- or two-family residence, no closer than five feet to any multiple-family building or commercial building. The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.
(B) Access drives onto county roads shall require a review by the County Engineer. The County Engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. Access drives onto township roads shall be approved by the appropriate township board.
(C) Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The Building Inspector shall review all access drives (driveways) for compliance with the accepted community access drive standards.
(D) All driveways shall have a minimum width of ten feet with a pavement strength capable of supporting emergency and fire vehicles.
(E) All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the County Planning Commission, the County Board or township board.
(F) (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.
(2) Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district or other applicable technical materials.
(G) Roads, driveways and parking areas must meet shoreland structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
(H) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones; provided, the vegetative screening and erosion control conditions of this subchapter are met. For private facilities, the grading and filling provisions of § 155.101 of this chapter must be met.
(A) Purpose. It is hereby found and declared that in the interest of and to promote the general welfare of the people and to conserve the natural beauty of the unincorporated rural areas of the county that it is necessary to reasonably and effectively regulate and control the erection or maintenance of signs. The objectives of this section include preserving the right of free speech and expression, providing easy and pleasant communication between people and their surroundings, and avoiding excessive levels of visual clutter and distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, or community appearance.
(B) Signs conform with this chapter. All signs hereafter erected or maintained shall conform with the provisions of this chapter.
(C) General provisions.
(1) Sign types.
(a) Canopy. A protective roof like covering, made of canvas or similar fabric, mounted on a frame over a walkway, door or window of a building.
(b) Wall. A painted or non-painted sign affixed on the side of a building.
(c) Monument. A ground sign having a solid appearance and a generally low profile. Must be attached to a proportionate enclosed base (50% minimum). The sign may be constructed with stone, concrete, metal, routed wood planks or beams, or similar materials which harmonize with the establishment it serves. The sign base area shall not exceed the actual sign face area by 10%.
(d) Pole/pylon. A freestanding sign that is suspended by no more than three metal, wood or concrete poles.
(e) Window. A painted or freestanding sign placed in or on a window of a business.
(f) Billboard. Any sign that exceeds 96 square feet in surface area.
(2) Permit required. All signs, unless otherwise noted, shall require a permit.
(3) Sign illumination.
(a) The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect in or into residential structures. Where a sign is illuminated, the source of light shall not shine upon any part of a single residential district.
(b) No signs shall have blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing. No signs should have flashing or rotating signs resembling emergency vehicles.
(4) Message substitution. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message, or for any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
(5) Severability. The invalidation of any section, subsection, clause, word, or phrase of this chapter, or of any definition in this chapter of any word or phrase used in this chapter, by any court of competent jurisdiction shall not affect the validity of the remaining portions of this chapter.
(D) Signs in the S-2 Residential-Recreational Shorelands District, S-3 Commercial Recreation Shorelands, W/S Wild and Scenic, A/R Agricultural-Residential, AG General Agriculture District and R-1, R-2, R-2a and R-3 Residential Districts. In S-2, S-3, W/R, A/R, AG and R-1, R-2, R-2a and R-3 Districts, no sign shall be erected, except as follows:
(1) One sign, not to exceed 35 square feet in surface area and not more than 15 feet in height above the average grade shall be allowed on a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. No property will be permitted more than one sign under this provision. It may be illuminated, but not flashing; and
(2) One canopy, window, or wall sign, which shall not exceed 35 square feet in surface area or the height of the building, for a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. This can be in addition to the sign allowed under division (D)(1), above.
(3) Signs, located on the premises, for allowed conditional or interim uses, subject to the following provisions:
(a) No sign shall be erected within 30 feet of the road right-of-way; and
(b) No sign shall be erected within ten feet of any abutting property line.
(E) Signs in B-1 Highway Service, B-2 General Business and I-1 Limited Industry Districts. In B-1, B-2 and I-1 Districts, no sign shall be erected, except as follows:
(1) Signs, located on premises, shall comply with the following provisions:
(a) No more than one pole/pylon or monument sign located on the premises. The surface area cannot exceed 96 square feet. Signs permitted under this section are limited to a height not to exceed the permitted building height of the tallest structure on the property. It may be illuminated, but not flashing.
(b) In addition to division (E)(1)(a), above, each parcel of property is allowed:
1. One canopy, window, or wall sign which shall not exceed 10% of the surface area of the front facade.
2.
For a property that includes a drive-through window, two additional signs, one no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut, and the second no larger than 30 square feet in surface area and facing the drive-through lane.
3. For a property (other than one including a drive-through window) that includes one or more lanes limited to one-way traffic, one additional sign, no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut.
(2) Parcels of property abutting US Highway 12, State Highway 55, and Interstate Highway 94 shall be permitted to construct one pole/pylon sign or monument sign that is in excess of the permitted building height, provided the sign is not in excess of 50 feet in height above the average grade. Signs permitted under this section shall not exceed 96 square feet in surface area for each conditional or interim use and shall not exceed 300 square feet in total surface area for all signs.
(3) All signs shall meet the following restrictions and setbacks:
(a) No sign shall be erected within ten feet of any abutting property line.
(b) No sign shall be erected within 30 feet of the road right of way.
(F) Signs in other zoning districts. All signs shall be prohibited in any zoning district which is not specifically listed in divisions (D), (E), and (G) except for signs which are classified as exempt under division (H).
(G) Billboards.
(1) Billboards are only permitted to be placed on property directly abutting U.S. Highway 12, State Highway 55, and Interstate Highway 94 in the B-1, B-2 and I-1 Districts.
(2) Billboards shall not exceed a maximum total surface area of 672 square feet per side, including any extensions, with a maximum of two sides. Billboards may not be stacked vertically.
(3) The height of the top edge of a billboard cannot exceed 40 feet above existing grade of the sign site with a minimum ground clearance of ten feet.
(4) No billboard shall be erected within 100 feet of any abutting property line in a district where billboards are prohibited. Otherwise, billboards shall meet the same side and rear setback as any other building or structure in that district.
(5) No billboard shall be permitted within ten feet of the right-of-way of any street or road.
(6) No billboard shall be located within a radius of 660 feet of any existing billboard.
(7) No billboard shall be located within 300 feet of a dwelling, at grade intersection of two or more roads, or at grade intersection of any road and a railroad.
(8) Billboards shall be a freestanding signboard located on or off premise.
(H) Exempt signs. Unless prohibited in division (I), the following signs shall be authorized in all zoning districts and shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.
(1) Any sign owned or maintained by a governmental entity.
(2) The changing of the display surface on a previously approved painted or printed sign.
(3) One sign six square feet or less in size and no more than five feet in height per property.
(4) Non-commercial signs beginning 46 days before the state primary in a state general election year until ten days following the state general election.
(5) When the date of a local, municipal, county, township, or school election does not correspond with the state primary or state general election, non-commercial signs may be erected, within the jurisdiction conducting the election, and maintained beginning 46 days before any scheduled primary or general election until ten days following the general election.
(6) Each newly platted subdivision or development shall be allowed one sign at each entrance of the subdivision or plat. Each sign shall not exceed 96 square feet in surface area and no more than 15 feet in height. Each sign shall be allowed for one year after the recording of the plat, or for 30 days after the last property or parcel in the plat is sold or transferred, whichever is later.
(7) Every parcel of property is entitled to additional signs totaling but not exceeding 12 square feet in surface area and no more than five feet in height while the parcel of property is actively being marketed for sale or rent.
(8) Every parcel of property shall be entitled to one sign no more than 120 square inches in surface area to be placed in all of the following locations:
(a) On the front of a residence;
(b) On each side of an authorized United States Postal Service mailbox;
(c) On one post which measures no more than 48 inches in height and four inches in width.
(9) Every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height when there is an event at the subject property and not posted for more than 28 days.
(10) Every parcel of property is entitled to additional, unilluminated signs, to be used during the construction of a building, and which in total are not to exceed 12 square feet each in surface area and are no more than 15 feet in height. Said signs shall be removed within six months from the start of construction.
(11) In the interest of safe traffic flow, every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height.
(I) Signs prohibited.
(1) Flashing or rotating signs resembling emergency vehicles, official traffic control devices not owned by a public body, or railroad signs or signals not owned by a railroad or a public body, shall not be permitted in any district.
(2) Dynamic signs shall not be permitted in any district.
(3) No sign shall be permitted to obstruct any door, fire escape, stairway or other opening intended to provide light, air, ingress or egress of any building or structure.
(4) No sign shall be placed that resembles any official marker erected by a governmental agency.
(5) Signs shall not be permitted within public right-of-way or easements except for signs allowed under division (H)(1) and division (H)(8)(b).
(6) Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located. If the owner or lessee fails to remove the sign, the Zoning Administrator shall remove it in accordance with division (K)(3) below. These removal provisions shall not apply where a succeeding owner or lessee has a valid conditional or interim use permit and agrees to maintain the signs as provided in this chapter or changes copy on the signs in accord with a valid conditional or interim use permit and provided the signs comply with the other provisions of this chapter.
(7) Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety must be taken down and removed by the owner, agent, or person having the beneficial use of the building, structure or land upon which the sign is located.
(8) Unless otherwise noted, no sign shall be placed on public street/traffic signs, utility poles or public property. Signs in violation of this division may be removed by county personnel at their discretion, without advance notice to the sign owner.
(9) Any other structure, banner, balloon, trailer, building, portable device or anything visible from a public road which is used as a sign is prohibited unless specifically authorized by this chapter.
(J) Permits and fees.
(1) The property owner or other persons having control of signs subject to the requirements of this chapter shall be responsible to see that the regulations contained herein are followed.
(2) The erection of any new sign outlined in this chapter, unless otherwise noted, shall require a permit. The fee for sign permits shall be established by resolution of the County Board.
(3) It shall be the duty of the Zoning Administrator and/or the Building Official upon filing of an application for a sign permit, to examine such plans and specifications and other data; and if it appears that the proposed structure is in compliance with all requirements of this chapter and all other laws and ordinances of the county, then the Zoning Administrator shall grant the sign permit. In addition, all illuminated signs shall be subject to the provisions of the state’s Electrical Code and shall comply with the Underwriter’s standard as defined in the current Underwriter Laboratories standard for safety, electric sign.
(4) Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit, the fee as provided by the County Board shall be doubled. Payment of such double fee shall neither relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.
(5) If the work authorized under a sign permit has not been completed within six months after the date of issuance, said permit shall expire automatically and renewal of the permit shall be required.
(K) Inspection, removal, safety.
(1) Inspection. Any sign for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this chapter and all other applicable laws.
(2) Maintenance.
(a) The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the property on which a sign is located.
(b) Painting, repainting, cleaning and normal maintenance and repair of a sign or sign structure is required to protect the sign and prevent its deterioration and maintain its neat appearance. Such maintenance is allowed without permit unless a structural change is made. All signs must be maintained in a neat and orderly condition.
(3) Removal of signs. The Zoning Administrator shall order the removal of any sign erected or maintained in violation of this chapter. Ten days’ notice in writing shall be given to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. Upon failure to remove the sign or to comply with this notice, the Zoning Administrator may remove the sign. The Zoning Administrator may remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any costs of removal incurred by the Zoning Administrator shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary department or in the manner of taxes and all costs shall be assessed against the property. Signs located within the right-of-way of county roads may be removed by the county at any time without notice.
(L) Prior lawful non-conforming signs.
(1) Lawful signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a non-conforming use.
(2) Business signs that were lawfully established when erected on the premises of a non-conforming building or use may be continued so long as they continue to comply with the version of this chapter in effect at the time the signs were established, but such signs shall not be increased in number, area, height, volume, or illumination. Such signs may be illuminated, but no flashing, rotating, or moving signs shall be permitted.
(3) No business sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this chapter.
(4) In the event that the use of a non-conforming business sign structure is discontinued or its normal operation stopped for a period of six months, any subsequent use of the sign shall be a conforming use.
(5) Legal nonconforming signs on residential and seasonal residential real estate shall be allowed to continue as provided under M.S. § 394.36, Subd. 4, as it may be amended from time to time.
(Ord. passed 12-1-2015; Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
(A) Essential services, as defined by this chapter, may have an effect upon urbanizing areas of the county, county land uses, highway location, the preservation of natural environmental areas, lakes, streams, rivers, and park and recreation areas.
(B) Essential services are a conditional use unless otherwise stated in this section.
(C) Filing and setback requirements.
(1) All essential services including large facilities and those for local distribution or other similar appurtenances or facilities shall be located entirely within a public road right-of-way or shall meet the road right-of-way setbacks as required for principal structures in all zoning districts.
(2) The proposed location of all essential and transmission services in any land use district shall be filed with the county Highway Department prior to commencement of any condemnation action or construction. The proposed location of all essential and transmission services along a township road right-of-way shall also be filed with the Township Clerk prior to commencement of any condemnation action or construction.
(D) Exemptions.
(1) Essential services located within a public road right-of-way, platted utility easement, or within a pre-existing utility easement recorded prior to January 1, 2017, for their entire length shall be considered a permitted use in all districts and are exempt from the conditional use permit requirements of this chapter, provided all necessary permits are obtained from the road authority and all state and federal requirements are met. "As-built" plans for such essential services which specify the location of the essential service must be filed with the county Highway Department, and the Township Clerk when the essential services are located in a township road right-of-way, in a format specified by the county Highway Engineer within 90 days of final completion.
(2) County and township structures and support facilities are exempt from requiring conditional use permits.
(3) Essential services, as referred to in this section, do not include the lateral lines, cables, wires, pipes, or sewers which extend from the trunk transmission, collection, or distribution lines, mains, or pipes to service a single residence or other lawfully permitted structure.
(E) Application procedures. The following application procedure shall be observed.
(1) The applicant shall file with the Zoning Administrator such maps indicating the location, alignment and type of service proposed as shall be necessary to determine the potential impacts of the essential services.
(2) The essential service permit then shall be treated as a conditional use permit and the applicant shall be responsible to comply with all terms of this chapter applicable to such permits.
(F) Time limit. Conditional use permits shall expire in two years unless all conditions in an essential service utility permit are commenced within the two years and completed within one more year unless otherwise specified by the Planning Commission.
(G) Pipeline safety. Where any construction or development is proposed adjacent to a pipeline as defined in M.S. § 299J.05, as it may be amended from time to time, said project shall comply with all provisions for pipeline safety and setback standards as specified in M.S. § 299J.05, as it may be amended from time to time.
(H) Energy storage systems. Energy storage systems are not an essential service but are permitted in business and industrial districts provided the energy storage system, including battery technology, has less than 100 kilowatt hours (kWh) of capacity. An energy storage system, including battery technology, which does not exceed 100 kilowatt hours (kWh) of a capacity is permitted in all agricultural or residential districts only as an accessory use to a primary dwelling. Energy storage systems, including battery storage technology, which exceed 100 kilowatt hours (kWh) of capacity are prohibited in all zoning districts. An “energy storage system” has the meaning given in M.S. § 216B.2422, subd. 1(f).
(Ord. 16-8, passed 12-27-2016; Ord. 23-4, passed 12-19-2023)
(A) Intent. The intent and purpose of this section is to assure quality development equal to that found in other types of residential areas throughout the community. Excellence of design, development and maintenance is the desired objective.
(B) Permit required. No person shall attempt to develop or operate a mobile home park within the community without first obtaining a permit therefor. The requirements of a permit shall prevail over all other standards and requirements notwithstanding the more restrictive sections of this chapter. A permit for a mobile home park may contain other requirements beyond those mentioned in this section.
(C) Application. The applicant for a permit, in addition to other requirements, shall include the name and address of the developer and a general description of the construction schedule and construction cost. The application for a permit shall be accompanied by 12 copies of plans which indicate the following:
(1) Location and size of the mobile home park;
(2) Location, size and character of all mobile home lots, mobile home stands, storage areas, recreation areas, laundry drying areas, central refuse disposal, roadways, parking spaces and sites and all setback dimensions;
(3) Detailed landscaping plans and specifications;
(4) Location and width of sidewalks;
(5) Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, telephone service and gas service;
(6) Plans for an overhead street lighting system shall be submitted for approval by the County Engineer;
(7) The method of disposing of garbage and refuse;
(8) Location and size of all streets abutting the mobile home park and all driveways from such streets to the park;
(9) Plans and specifications for all road construction either within the park or directly related to park operation;
(10) Floor plans of all service buildings to be constructed within the mobile home park;
(11) Such other information as may be required or requested by the community; and
(12) Detailed description of maintenance procedures and grounds supervision.
(D) Performance standards for mobile home parks.
(1) A mobile home park shall contain at least 150 fully developed lots. A minimum of 50 mobile home stands must be fully developed, together with all required auxiliary buildings and areas, before any mobile home may be occupied.
(2) All mobile homes shall be properly connected to a central water supply and a public sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the County Engineer. Where a public water supply is available to the mobile home park or at the boundary of the park, a connection to said public water supply shall be provided for each mobile home.
(3) All mobile home parks shall have one or more recreational areas which shall be easily accessible to all park residents. Recreational areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. The size of such recreational area shall be
based upon a minimum of 15% of the land area (exclusive of streets), but no outdoor recreational area shall contain less than 2,000 square feet. All equipment installed in such an area shall be owned and maintained by the owner or operator at his or her own expense.
(4) Each mobile home park shall maintain a paved off-street overload parking lot for guests of occupants in the amount of one space for each three coach sites and located within 300 feet of the unit to be served.
(5) All utilities, such as sewer, water, fuel, electric, telephone and television antenna lead-ins, shall be buried to a depth specified by the County Engineer, and there shall be no overhead wires or support poles, except those essential for street or other lighting purposes. All utility connections shall be approved by the Zoning Administrator prior to connection and electrical service shall be at least 120-volt, 100-ampere capacity. Plan for the disposal of surface storm water shall be approved by the County Engineer.
(6) A properly landscaped area shall be adequately maintained around each mobile home park. All mobile home parks shall be screened with a fence along the property boundary lines separating the park from residential and non-residential uses to protect adjoining property owners.
(7) No mobile home, off-street parking space or building shall be located within 30 feet of the exterior boundary of any mobile home park. No mobile home shall be located within 125 feet of the existing or planned centerline of a public street.
(8) Signs shall be limited to one nameplate or identification sign not to exceed 25 square feet, with lighting, height and location as approved by the Zoning Administrator and have a 15-foot setback from the front line.
(9) The area beneath all mobile homes shall be enclosed with a material that shall be generally uniform through the entire mobile home park; except that, such an enclosure must be so constructed that it is subject to reasonable inspection. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile home equipment.
(10) Each mobile home lot shall be served by a central fuel supply system such as natural gas or a central LP system. No separate private fuel containers, such as fuel oil tanks or LP tanks shall be allowed in the mobile home park.
(11) All mobile home parks shall have an area or areas set aside for dead storage. Boats, boat trailers, hauling trailers and all other equipment not generally stored within the mobile home or within the utility enclosure, that may be provided, shall be stored in a separate place provided by the park owner. This storage place shall be screened. Such equipment shall not be stored upon a mobile home lot which is occupied by a mobile home nor upon the streets within the mobile home park.
(12) Each mobile home lot within a mobile home park shall abut on and have access to a private road used by the inhabitants of the park and built and maintained by the owner thereof. This road shall lead to and furnish ingress and egress from a public street through controlled driveways which shall have a right-of-way at least 60 feet in width. The private roads and the access roads to public streets shall be paved with a concrete or bituminous material complying with the specifications for the construction of any community street. The paved surface shall be at least 36 feet in width from curb to curb. A concrete curb and gutter shall comply with all applicable community ordinances. There shall also be a paved three-foot wide walkway from the slab to the frontage curb. Access drives off roads to all parking spaces and mobile home slab sites shall be paved.
(13) Each mobile home park shall have one or more central community buildings with central heating which must be maintained in a safe, clean and sanitary condition. Said buildings shall be adequately lighted during all hours of darkness and shall contain laundry washers, dryers and drying areas, public telephones and public mail boxes, in addition to public toilets and lavatory. For each 100 mobile home lots or fractional part thereof, there shall be one flush toilet and one lavatory for each sex.
(14) Every structure in the mobile home park shall be developed and maintained in a safe, approved and substantial manner. The exterior of every such structure shall be kept in good repair and shall be repainted or refinished when so directed by the community’s Building Inspector. All of said structures must be constructed to meet existing community codes. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants.
(15) All structures shall require a building permit. It is not the intent of this section to repeal or abrogate any part of the Building Code. The provisions of the section shall be enforced in addition to and in conjunction with the provisions of the Building Code.
(E) Mobile home park lots.
(1) Each mobile home site shall contain at least 6,000 square feet of land area for the exclusive use of the occupant and shall be at least 60 feet wide, which size site allows for a maximum length mobile home of 55 feet. Larger mobile homes will require longer lots to comply with the following requirements of this chapter.
(2) Mobile homes shall be placed upon mobile home lots so that there shall be at least a 20-foot clearance between mobile home and 20 feet between the front of the mobile home and the front lot line and 25 feet between the rear of the mobile home and the rear lot line. Mobile homes shall be parked no closer than ten feet to a side lot line.
(3) The area occupied by a mobile home shall not exceed 50% of the total area of a mobile home site; land may be occupied by a mobile home, a vehicle, a building, a cabana, a ramada, a carport, an awning, storage closet or cupboard or any structure.
(4) The yards shall be landscaped except for the necessary driveway and sidewalk needs which shall not exceed one-half the width of the site. Landscaping shall include at least one tree, hedges, grass, fences, windbreaks and the like. Temporary storage shall not be allowed in the lawn area.
(5) Each mobile home lot shall have paved off-street parking space for at least two automobiles. Each space shall be ten feet by 20 feet minimum or as approved by the Zoning Administrator.
(6) The corners of each mobile home lot shall be clearly marked and each site shall be numbered.
(7) Each mobile home lot shall be so designed that automobiles may not be parked within five feet of the side of any mobile home or within five feet of the front or back of the mobile home.
(F) Mobile home stands. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
(1) The mobile home stands shall not heave, shift or settle unevenly under the weight of the mobile home, due to frost action, inadequate drainage, vibration or other forces acting upon the structure.
(2) The mobile home stand shall be provided with anchors and tie-downs, such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors or other devices providing for stability of the mobile home.
(3) Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds or as approved by the current Minnesota State Uniform Mobile Home Standards Code, whichever is more restrictive.
(4)
All land areas shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish or debris. The proposed method of garbage, waste and trash disposal must be approved by the community and must conform to the regulations of the state’s Pollution Control Agency. Refuse collection stands shall be provided for all refuse containers. Such stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(5) No mobile homes shall be located in the mobile home park that do not conform to the requirements of the most current Minnesota State Uniform Mobile Home Standards Code and has the state seal of compliance affixed to it. No mobile home shall be allowed therein which is in an unsanitary condition, or which has an exterior in bad repair, or which is structurally unsound, or which fails to protect the inhabitants of said mobile home against all the elements.
(6) No person shall erect, place, construct, reconstruct, relocate, alter, maintain, use or occupy a structure in a mobile home park without the written consent of the owner or operator of said park.
(7) Dogs and animals shall not be permitted to run at large within the mobile home park.
(8) No public address or loud speaker system shall be permitted.
(9) No tents shall be erected, or occupied, and there shall be no outdoor camping anywhere in the trailer park.
(10) Laundry and clothes shall be hung out to dry only on lines located in approved areas established and maintained exclusively for that purpose.
(11) No person shall bring or keep an automobile into the mobile home park that does not have a current license and is not in operable condition.
(12) Land in the mobile home park shall be used for residential purposes only.
(13) Each mobile home shall be equipped with an approved fire extinguisher.
(14) No open fires shall be permitted within the park and no fires in burners or incinerators shall be left unattended at any time. The operator shall provide safe, adequate incinerator service in full compliance with any state laws or local ordinances pertaining thereto.
(Ord. 18-4, passed 6-19-2018)
(A) Purpose. Modern lifestyles create the indisputable need for a continued and uninterrupted supply of aggregate material. Accordingly, mining is a necessary land use that shall be balanced with the impact on the environment, health, welfare, safety, and quality of life of Wright County residents and future generations. The purpose of this section is to regulate mining operations so as to minimize conflicts with adjacent land uses and ensure that mining operations are reclaimed with a use compatible with surrounding land uses and a use as designated in the Comprehensive Land Use Plan.
(B) Administration; permit review.
(1) An interim use permit shall be required for all commercial mining operations. Said permit shall be valid for a period of time set by the County Planning Commission but shall not exceed ten years; after which, a new interim use permit shall be required. Except that an interim use permit for a hot mix asphalt plant shall not be issued for a term in excess of two years.
(2) Persons requesting a mining permit shall submit said fee to the County Planning Commission together with all information required in this section.
(3) For mining operations which will last only one season, such as for road projects, the Planning Commission may issue a temporary mining permit. Such permit may include the placement of a bituminous hot mix plant and other accessory equipment. Said permits shall only apply if the mining site is to be opened, closed and reclaimed within one year. The Zoning Administrator may waive some of the information required by division (C) below in the case of a temporary mining permit. A temporary mining permit shall be administered as an interim use permit.
(4) If the request is denied, no reapplication shall be made for a period of six months.
(C) Information required. The following information shall be provided by the person requesting the permit:
(1) Name and address of person requesting the mining permit;
(2) The exact legal property description and acreage of area to be mined;
(3) The following maps of the entire site and to include all areas within 500 feet of the site. All maps shall be drawn to a scale as determined by the Zoning Administrator and submitted on scale-size paper, otherwise stated below:
(a) Map A, existing conditions to include:
1. Contour lines at two-foot intervals;
2. Existing vegetation;
3. Existing drainage and permanent water areas;
4. Existing structures; and
5. Existing wells.
(b) Map B, proposed operations to include:
1. Structures to be erected;
2. Location of sites to be mined showing depth of proposed excavation;
3. Location of tailings deposits showing maximum height of deposits;
4. Location of machinery to be used in the mining operation;
5. Location of storage of mined materials, showing height of storage deposits;
6. Location of vehicle parking, truck staging, queueing, or stacking area, access roads and local truck routes;
7. Location of storage of explosives, equipment, and other materials;
8. Erosion and sediment control structures;
9. Screening, berms, and proposed plantings; and
10. Location of leak containment structures, in the event of a petrochemical leak or spill.
(c) Map C, end use plan to include:
1. Final grade of proposed site showing elevations and contour lines at two-foot intervals;
2. Location and species of vegetation to be replanted; and
3. Location and nature of any structures to be erected in relation to the end use plan.
(4) A soil erosion and sediment control plan;
(5) A plan for dust and noise control;
(6) A full and adequate description of all phases of the proposed operation to include an estimate of duration of the mining operation; and
(7) Any other information requested by the Planning Commission or Zoning Administrator.
(D) Use restrictions.
(1) Mining operations shall be an interim use in the Agricultural District.
(2) The crushing, washing, refining or processing, other than the initial removal of material, shall be considered a separate interim use.
(3) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone and the storing or stockpiling of such products on the site shall be considered a separate interim use.
(4) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete and any similar production or manufacturing processes which might be related to the mining operation shall be considered as a separate interim use.
(5) The crushing, heating, storage, washing, refining, or processing of asphalt or bituminous material for the production of bituminous asphalt material shall be considered a separate interim use.
(6) A new interim use permit shall be required for any mining operation where the amount of imported material exceeds the amount of material extracted or the primary use changes from the extraction of aggregate resources to the processing of materials.
(7) The Planning Commission may impose additional performance standards as part of the interim use permit.
(E) Performance standards.
(1) General provisions.
(a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property.
(b) No sand and gravel operation shall be conducted on parcels of less than 20 acres in size. This limitation shall not apply when the tract of land is contiguous to an active mining operation, provided that both tracts are being operated by the same sand and gravel producer.
(c) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, noises and vibrations which are injurious or substantially annoying to persons living in the vicinity. All non-conforming uses shall apply for and obtain an interim use permit.
(d) All hot mix asphalt plants must utilize odor control technology or additives to reduce the odors emitted from the hot mix asphalt plant. The applicant for a hot mix asphalt plant interim use permit shall state in their application the means and methods they will be utilizing for effective odor control. Any technologies or products used must be stated in the annual report if required under § 155.100(I).
(2) Water resources.
(a) The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation.
(b) The mining operation shall not adversely affect the quality of surface or subsurface water resources.
(c) Surface water originating outside and passing through the mining district shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision.
(3) Safety fencing. Any mining operation adjacent to a residential zone or within 300 feet of two or more residential structures shall comply with the following standards.
(a) Where collections of water occur that are one and one-half feet or more in depth existing for any period of at least one month, and occupy an area of 700 square feet or more, all access to such collections of water shall be barred by a fence or some similarly effective barrier such as a snow fence at least four feet in height.
(b) In locations where slopes occur that are steeper than one foot vertical to three feet horizontal existing for a period of one month or more, access to such slopes shall be barred by a fence or some similarly effective barrier such as a snow fence of at least four feet in height.
(4) Mining access roads. The location of the intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of the public road in view so that any turns onto the public road can be completed with a margin of safety. Access roads connecting to public roads or highways shall be sufficiently wide to accommodate two-way hauling traffic. Intersections of public roads with access roads shall be maintained by the mine operator and shall be kept clean and free from mud, debris or asphalt tracked out from the mining site. Such intersections shall also be repaired by the mine operator if the public road surface or shoulders have broken down due to repeated traffic by mining trucks and equipment. The need for turn lanes, road improvements, maintenance, or repair will be determined by the road authority. Upon written notification from a local road authority directing the repair, maintenance, or other such actions due to the repeated traffic by mining trucks and equipment, the property owner or operator shall have 14 days to comply with the directives of the local road authority. If the property owner or operator fails to comply within that time, the Zoning Administrator may suspend any interim mining permit. Any suspension shall be in effect until all conditions or requirements from the local road authority are brought into compliance. No mining, extraction, or processing activities shall occur during a suspension.
(5) Screening barrier.
(a) To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier shall be maintained between the mining site and adjacent residential and commercial properties. A screening barrier shall also be required between the mining site and any public road within 500 feet of any mining or processing operations. The type and extent of the barrier shall be set by the Planning Commission. The Planning Commission may waive or alter screening requirements in this section.
(b) Existing trees and ground cover along public road frontage or property lines shall be preserved and maintained (or supplemented), for the depth of the roadside or property line setback, except where traffic safety requires cutting and trimming.
(c) Any trees or shrubs approved for use as a screening barrier must be mature and at least six feet in height. Any tree or shrub which is overcome with disease or that is deceased must be replaced with a new mature tree at least six feet in height and of the same type within 30 days. All trees and shrubs must be irrigated as needed to prevent disease or death.
(6) Setback.
(a) Processing of minerals shall not be conducted closer than 100 feet to the property line, nor closer than 500 feet to any residential or commercial structures located prior to commencement of processing operations. The processing of minerals shall not be conducted within shoreland principal structure setback distances.
(b) Mining operations, not to include berms or screening barriers, shall not be conducted closer than 30 feet to the boundary of an adjoining property line.
(c) Unless approved in writing by the applicable road authority, mining operations, not to include berms or screening barriers, shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road or highway; except that, excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway.
(7) Appearance. All buildings, structures and plants used for the production of processing of sand and gravel shall be maintained in such a manner as is practicable and according to acceptable industrial practice as to assure that such buildings, structures and plants will not become dangerously dilapidated.
(8) Days and hours of operation.
(a) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, unless otherwise specified by the Planning Commission;
(b) Any operations not conducted between the hours of 7:00 a.m. and 7:00 p.m. shall require a new or amended interim use permit. Such permits shall be granted for public or private emergency, for government work required by agency contracts, or whenever any reasonable or necessary repairs to equipment are required to be made.
(c) Operations shall include the loading and unloading of trucks and the moving and processing of materials. Trucks may enter the mining site no earlier than 6:00 a.m. and leave the mining site no later than 7:00 p.m. At no time may trucks park, queue, or stack on public rights-of-way. The Planning Commission may authorize work outside of the restrictions stated herein as part of an interim use permit hearing.
(d) Operations shall be prohibited on county designated holidays as of January 1, 2023.
(9) Dust and dirt.
(a) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions.
(b) All mining operators will be responsible for providing water or other suitable methods to control dust on roads utilized by trucks hauling to or from mining operations. Roads that require cleaning or dust control because of mining operations shall be tended to when conditions warrant, or a potential safety hazard exists.
(c) The Planning Commission may require dust control measures within mining operations when it is determined that airborne dust from extraction areas, processing activities, stockpiles, internal roads, or other mining related activities may create a public nuisance. Such dust control measures may include berming, landscaping, or enclosures for processing equipment.
(10) Signage. An information sign shall be erected at the intersection of the primary access road and the public road servicing the site identifying the name of the company or landowner responsible for the operations at the site. This sign shall also include a telephone number(s) for the company or responsible landowner, shall be clearly visible from the public road, and shall conform to the signage requirements in § 155.097 of this chapter.
(11) Other regulations. All operations must abide by all other local, state, and federal rules, laws, regulations and provisions. Any violation of these other provisions may result in the revocation of the interim use permit.
(12) Inactivity. In the event less than 10,000 cubic yards of material has been removed from the mining operation in any five-year period, as indicated through the Aggregate Removal Tax program, the Planning Commission may require a hearing to review the facility and may terminate the mining permit.
(F) Land rehabilitation. All mining sites shall be rehabilitated immediately after mining operations cease. The Planning Commission shall review and require a staged reclamation when applicable. Rehabilitation shall be complete within one year or within the terms specified in the interim use permit. The following standards shall apply.
(1) Within 12 months after completion of mining activities or after termination of the permit, all equipment, vehicles, machinery, structures, processing plants, materials, and debris shall be removed from the site.
(2) Unless otherwise stated by the Planning Commission, a minimum of four inches of clean, uncontaminated topsoil shall be placed on all final graded and rehabilitated areas. The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding area, and which will minimize erosion due to rainfall. No finished slope shall exceed 25% in grade.
(3) For reclaimed areas that include water features, the banks of such features shall be sloped to the water line at a slope no greater than two feet horizontal to one foot vertical.
(4) All restored areas shall be seeded with a mixture consistent with Minnesota Department of Transportation specifications for rights-of-way or a mixture recommended by the Wright County Soil and Water Conservation District, or returned to crop production, unless otherwise specified or approved by the Planning Commission.
(5) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.
(6) Unless otherwise amended or approved by the Planning Commission, all final grades and site restoration shall be consistent with Map C, the End Use Plan.
(G) Financial guarantee. The county shall require a performance bond, cash escrow, or irrevocable letter of credit in a form and from a financial institution acceptable to the county, to guarantee compliance with this chapter and terms and specifications of the interim use permit. The county shall have the right to use the financial guarantee to remove stockpiles, complete site rehabilitation, and correct other deficiencies or problems, in the event the owner or operator is in default of the permit obligations. The amount of financial guarantee shall be equal to $5,000 for every permitted acre or any other amount deemed acceptable by the Planning Commission. The financial guarantee may be adjusted periodically to reflect ongoing progress, at the discretion of the Zoning Administrator, and shall remain in full force and effect until all conditions of the permit have been met, including site restoration.
(H) Exceptions. A mining and extraction permit shall not be required for any of the following:
(1) Excavation for a foundation, cellar, or basement of a building or subsurface sewage treatment system, if such work has been properly permitted.
(2) Excavation by state, county, city, or township authorities in connection with construction and maintenance of roads, highways, bridges, or utilities conducted solely within the permanent easement areas or rights-of-way.
(3) Grading and removal of materials in accordance with the development of an approved plat or development, if the activity was reviewed as part of the approval process.
(I) Annual report. All property owners and operators with an active conditional or interim use permit, regardless of when the permit was issued, for mining shall submit for the previous year an annual report, on a form as provided by the Office of Planning and Zoning, to the Zoning Administrator in paper and electronic portable document format ("pdf") on or before January 31 of each year. The annual report form shall include at a minimum the following:
(1) The actual rate of mining and the remaining minable reserves which includes at a minimum the operating life of the mine, including the rate of mining and anticipated changes in that rate, and the factors used to determine the minable reserves and changes which would expand or diminish such reserves;
(2) The actual mining activities including the types, amounts, sequence, and schedule for mining the material on site and stockpiling materials, including the distinctions among all aggerate resources and waste material;
(3) The actual reclamation activities including the methods, sequence, and schedules of reclamation which address the goals and meets the requirements of this chapter and any conditions of the permit held on file with the Wright County Office of Planning and Zoning; and
(4) The amount and type of imported aggregate and imported material brought to the property; and
(5) A map which depicts the status of mining, construction, reclamation, and watershed modifications, at a scale which is normally used by the operator for the mine planning purposes, which:
(a) defines the shape and extent of the aggregate material which will support the operating life of the mine; and
(b) identifies all known and inferred mineral reserves or resources which are located within the mining area but which have not been included as part of the mining plan;
(c) identifies lands proposed for use as vegetative reference and screening areas, depict the detailed drainage patterns for waters which may contact leachable materials; and
(d) depicts at appropriate intervals, approved by the Zoning Administrator, the status of: all mining (including shape, extent, and content) and reclamation (including contouring, dust control, temporary stabilization, vegetation, and deactivation) of each: stockpile, basin, mine, drainage control, settling basin, and auxiliary facilities.
(6) Failure to timely file an annual report is prima facia evidence that the gravel operation is inactive.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
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