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(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)
(A) Permit required.
(1) A land alteration permit shall be required in all cases where excavation, grading and/or filling of any land within the county would result in a substantial alteration of existing ground contour or would change existing drainage or would cause flooding or erosion or would deprive an adjoining property owner of lateral support and would remove or destroy the present ground cover resulting in less beneficial cover for present and proposed development, uses and enjoyment of any property in the county.
(2) (a) Substantial alteration shall be defined as the extraction, grading or filling of land involving movement of earth and materials in excess of 50 cubic yards in the shorelands districts, and in excess of 500 cubic yards in all other districts except drain tiles and ditch cleaning in agricultural areas. Such substantial alteration shall require a conditional use permit.
(b) The creation of wildlife ponds, pollution control structures and erosion control structures shall not require a conditional use permit, provided that said construction is approved by an official of the Soil and Water Conservation District and abides by all other applicable rules, regulations and ordinances.
(3) The extraction, grading or filling of land involving the movement of earth and materials in excess of ten cubic yards within shore, bluff impact zones or steep slopes in shoreland areas shall require an administrative permit, but not a conditional use permit.
(4) Public road improvement projects, and grading and excavation directly related to such projects (not to include gravel pits), shall not require a land alteration permit; provided, the work is directly supervised by the County Engineer or the governing body of a local unit of government.
(5) A land alteration permit is also required from the county and from the Commissioner of Natural Resources for any alteration in the Floodplain District and the Shorelands Districts. Such alteration shall include any filling, dredging, channeling or any other work in the beds of public waters which would change the course, current or cross-section of a public water.
(6) A land alteration permit shall be valid for a period of six months from the date of issue. A land alteration permit shall be administered in the same manner as a conditional use permit.
(B) Requirements. Before the issuance of a land alteration permit or an administrative land alteration permit, it must be established that all of the following conditions are met. These conditions must also be adhered to during the issuance of construction permits, permits, conditional use permits, interim use permits, variances and subdivision approvals.
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (this evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, the state’s Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised):
(a) Sediment and pollutant trapping and retention;
(b) Storage of surface runoff to prevent or reduce flood damage;
(c) Fish and wildlife habitat;
(d) Recreational use;
(e) Shoreline or bank stabilization; and
(f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals or others.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. §§ 103G.301 through 130G.315, as it may be amended from time to time.
(10) Alterations of topography must only be allowed if they are accessory to permitted, interim, or conditional uses and do not adversely affect adjacent or nearby properties.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(C) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, require a conditional use permit. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
In order to prevent blight, to protect the general welfare and property values, and to ensure reasonable consistency with existing housing styles and designs, the following minimum standards shall apply to all single-family dwellings, in addition to any other standards or conditions contained within this chapter.
(A) Building shall be anchored to a permanent concrete or treated wood foundation, in accord with the Minnesota State Building Code standards.
(B) The minimum width of the structure shall be 24 feet, as measured across the narrowest portion. Width measurements shall not take into account overhangs, nor other projections beyond principal walls.
(C) There shall be a minimum 3:12 roof pitch with a minimum 12-inch soffit. Alternative roof styles may be approved by the Building Inspector based on generally accepted construction practices, building codes and the nature of the surrounding neighborhood. Unadorned flat roofs shall be prohibited.
(D) Only new units shall be permitted. The relocation of previously occupied units shall require a conditional use permit.
(A) Business must be located on the homestead of the business operator.
(B) No more than one employee in addition to the owner/operator and family members residing at the homestead.
(C) All work and work related items shall be kept in an enclosed structure. In very limited circumstances, the Planning Commission may allow for the storage of items in a fully enclosed fence. Trees, plants, and bushes do not qualify as fencing; but these items may be required as part of an overall landscaping plan.
(D) Shall provide two parking spaces per employee of one space for each 400 square feet of building area, whichever is greater.
(E) Excessive noise levels are prohibited (that which may be considered a nuisance, L10 at 55 dBA decibels as regulated by NPC regulations).
(F) Lot coverage must comply with all zoning standards.
(G) Site must be capable of supporting on-site sanitary facilities, sewer and water.
(H) All effluent consisting of any liquid, gaseous or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water or air unless it is at a location determined appropriate by the Planning Commission, Planning Staff and/or Pollution Control Agency.
(I) The operator must properly dispose of all waste including, but not limited to, garbage, decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal and all other substances.
(J) Working hours shall be set by the County Planning Commission.
(K) A business sign shall be permitted which is no larger than 35 square feet; it may not be illuminated.
(L) If located on a township road and determined necessary by the town board, a letter of agreement containing any dust control measures determined necessary by the township shall be provided prior to issuance of the interim use permit and renewed annually (January 1 of every year).
(M) All posted road limits shall be obeyed.
(N) Distance from building to next residence shall be at least 500 feet.
(O) Must be outside of platted areas.
(P) Building shall be no larger than 2,000 square feet.
(Q) After four founded nuisance or permit violation complaints have been made and verified with written notice to the holder of the interim use permit or at any time upon the written request of the town board a hearing shall be called to re-consider the interim use permit within 60 days.
(R) Building must conform to present buildings and to neighborhood.
(Ord. 16-6, passed 10-18-2016; Ord. 23-1, passed 5-2-2023)
(A) Size and density for residential buildings. A retreat center must be located on a parcel of land which includes at least 40 contiguous acres. The number of residential buildings may not exceed the number of residences on the land as allowed by the underlying zoning district, but may include the number that would be allowed by transferring entitlements from contiguous property as defined in section § 155.048 of this chapter, but not any extra units that may have accrued to a rural PUD as defined in § 155.059 of this chapter. For as long as the retreat center operates, there shall be no other residential buildings, nor subdivisions allowed on the land designated for the retreat center. The residential buildings shall be detached from any communal facilities, accommodations for sleeping and sanitation may be provided. The residential buildings shall not be dwelling units, and shall not include kitchen facilities; except that, one unit may be approved as a residence for a caretaker and family. Other than a caretaker’s residence, no one person or family may occupy the residential buildings (one, or more than one in combination) for more than 30 days per year. Each residential building shall be detached from every other residential building. Except for a caretaker’s residence, no residential building shall exceed 750 square feet of total floor area. No dormitories, apartments, condominiums, nor any other type of multiple dwelling units, are allowed. Each residential building shall be accessible to emergency service vehicles by path or private road, but internal improved streets are not required.
(B) Communal facilities.
(1) All structures not defined as residential buildings shall be communal facilities, which may include a nature center, conservatory, interpretive center, exhibit, museum, library or closely related use. One communal facility may provide common showers, bathrooms and kitchen and dining facilities for guests at the retreat center, but no food service nor restaurant may be open to the public. The communal facilities shall not be used as dwelling units, nor motel, hotel, dormitory, rooming house nor any residential occupancy. In no case shall the number of communal facilities exceed three. Buildings used for communal facilities shall not exceed a total of 10,000 square feet of floor space for all such facilities combined.
(2) Only one communal facility shall be used as an interpretive center, museum, library or similar use, and the hours of operation and programming shall be consistent with a retreat center as defined in this chapter, and as approved by the Planning Commission as part of the interim use permit. The communal facility buildings shall be principally, but not exclusively, for the use of the persons occupying the residential buildings. The one communal facility which may be used as an interpretive center, museum, library or similar use may be available to private guests of the owner of the retreat center, and to the general public only at such hours and days as approved in the interim use permit and as consistent with the location in a rural area.
(3) Unless the retreat center contains only one structure, there shall not be a separate lot of record for each structure (no lot divisions). Parking requirements shall be included in the terms of the interim use permit, but the retreat center shall provide at least two parking spaces at any communal facility, and at least two off-street parking stalls for each residential building.
(C) Other standards and requirements.
(1) Any use allowed in the zoning district as a conditional or interim use may only be allowed with the retreat center if expressly included in the interim use permit for the retreat center; except that, commercial outdoor recreation uses are not allowed within the area of the retreat center. The performance standards of §§ 155.047(F) and 155.048(F) of this chapter shall apply; except that, a separate lot shall not be required nor permitted for each structure, and that commercial outdoor-commercial recreation use is not included in the retreat center. Commercial campgrounds and recreation vehicle camps are not allowed, but camping sites may be provided as long as occupancy (number) does not exceed the number that would be allowed if each camping site was a residential building/unit (one family each).
(2) Yard requirements (§§ 155.047(F)(3) through (7) and 155.048(F)(2) through (4) of this chapter), shall not apply to each building and shall only to the retreat center as a whole. Clustering of the buildings on the site shall be allowed, as long as the total number of structures does not exceed the number that would be allowed if the retreat center land was divided into the maximum number of lots permitted in the underlying district for that amount of land. Residential buildings may be clustered as such, but must remain as detached structures with no common walls.
(Ord. 23-1, passed 5-2-2023)
(A) Purpose.
(1) The property tax credit program is enacted to assist in the preservation of commercial agricultural uses and the rural environment necessary for continuing agricultural practices.
(2) The County program is enacted to carry out the goals within M.S. Ch. 40A, Agricultural Land Preservation Program, as it may be amended from time to time, and the County Land Use Plan.
(B) Eligibility.
(1) Any and all eligibility requirements contained within M.S. Ch. 40A, as it may be amended from time to time, are incorporated herein by reference, and shall apply as if set forth herein.
(2) Only legally created parcels, lots or lots of record which are designated as Agricultural or Agricultural/Residential in the County Land Use Plan shall be eligible. In those cases where a lot or parcel may lie within two different designations in the Land Use Plan, the land will be eligible; provided:
(a) The majority of the parcel is designated as Agricultural or Agricultural/Residential; and
(b) No part of the parcel is designated as a major growth area.
(3) Only lands which lie entirely within the AG - General Agriculture Zoning District (§ 155.048 of this chapter) shall be eligible. A residential density no greater than one residence per 40 acres shall be maintained, however, residences existing prior to the adoption of this section shall not preclude eligibility.
(4) Lands enrolled in the program must be legally created parcels, lots or lots of record which are at least 35 acres in size. Smaller parcels may be enrolled subject to approval by resolution of the County Board; provided that:
(a) The smaller parcels adjoin other parcels being enrolled in the program to provide a total greater than 35 acres in size;
(b) No such parcel may be withdrawn from the program except in conjunction with similar parcels with total at least 35 acres in size; and
(c) No such parcel may be used as a new residential building site despite any eligibility granted by this chapter, unless an overall density of one residence per 40 acres is maintained.
(5) Parcels, lots or lots of record may not be subdivided for the purpose of enrolling only part of the property in the program while retaining other parts for development or other non-agricultural uses. Divisions which strictly comply with the provisions of § 155.048 of this chapter may take place before or after enrollment in the program.
(6)
Lands lying within any township which has adopted its own zoning ordinance may be eligible, provided, all of the eligibility requirements are met, the local zoning complies with county zoning requirements and approval is obtained, in writing, from the township board of supervisors.
(C) Procedure/application.
(1) Requirements for application and inclusion in an exclusive agricultural use zone, as defined in M.S. Ch. 40A, as it may be amended from time to time, and for obtaining the benefits thereof, shall include all those set forth in said Ch. 40A, and shall be adopted herein by reference.
(2) An application fee for processing the application shall be set by the County Board. In addition, the applicant shall be required to pay all necessary fees charged by the County Recorder.
(D) Benefits and restrictions. The benefits and restrictions which apply to property enrolled in exclusive agricultural use zones shall be as set forth in M.S. Ch. 40A, as it may be amended from time to time, and shall be incorporated herein by reference.
(E) Duration and termination. The duration and termination of an exclusive agricultural use zone shall be as set forth in M.S. Ch. 40A, as it may be amended from time to time, and shall be incorporated herein by reference.
(Ord. passed 8-30-1988; Ord. 18-4, passed 6-19-2018)
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