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(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)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ANTENNA, PERSONAL WIRELESS SERVICE. A device consisting of a metal, carbon fiber or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the wiring, related ground equipment and the support structure thereof.
(2) ANTENNA, MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless communications, and including the wiring, related ground equipment and the supporting structure thereof.
(3) ANTENNA, RADIO AND TELEVISION BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the wiring, related ground equipment and the support structure thereof. (Allowed by interim use in the I-1 District only.)
(4) ANTENNA, RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television or electromagnetic waves, and including the supporting structure thereof.
(5) ANTENNA, SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the wiring, related ground equipment and support structure thereof.
(6) ANTENNA, SHORT-WAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used for the transmission and reception of radio waves used for non-commercial short-wave radio communications, and including the supporting structure thereof.
(7) ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of electromagnetic energy.
(B) General standards. The following standards shall apply to all antennas.
(1) All obsolete and unused antenna shall be removed within 12 months of cessation of use, unless a written exemption is granted by the Zoning Administrator.
(2) All antenna shall be in compliance with all federal, state and local building, electrical and other relevant code requirements.
(3) Structural design, mounting and installation of any antenna support structure shall be in compliance with manufacturer’s specifications. The construction plans and design of any antenna requiring a permit shall be verified and approved by a registered professional engineer.
(4) No advertising message, nor identification, shall be affixed to any antenna structure.
(5) Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public health and safety. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines. Guy wires within ten feet of the ground surface must be fenced within an enclosure or maintained with a cover of highly reflective material to prevent accidental collision.
(6) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state or local agency licenses or proof of application thereof.
(7) Antenna support structures under 200 feet in height shall be painted or coated silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. Silver or galvanized finishes shall be required unless the setting or natural surroundings can be used to justify another color.
(8) No land may be subdivided for the purpose of providing space for any antenna unless all lot size requirements for the relevant zoning district are met and subdivision approval is obtained.
(9) No antenna to be used for any commercial purpose shall be placed on any land enrolled in the exclusive agricultural use zone Farmland Preservation Property Tax Credit Program pursuant to § 155.105 of this chapter.
(10) The addition of antennas and associated equipment of an additional provider to an existing legal structure shall be considered co-location and not require an amendment to the interim use permit.
(C) Permitted and accessory uses.
(1) Radio and television receiving antennas and satellite dish antennas shall be permitted in all districts and shall not require any permit provided the following standards are met.
(a) Antennas and necessary support structures, monopoles or towers may extend a maximum of 15 feet above the building height restriction for the affected zoning district.
(b) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(c) The installation of more than one support structure per property shall require the approval of an interim use permit.
(d) Satellite dish antennas larger than two meters in diameter must meet all building setback standards, and dishes over three meters in diameter are prohibited in all Residential and Shoreland Districts.
(2) Private short wave radio antennas, and other private radio transmitting or receiving antennas are allowed in all districts; provided that, the following standards are met.
(a) The maximum support structure height shall be 75 feet and all other standards of division (B) above must be met.
(b) A use and building permit shall be required in accord with § 155.030 of this chapter.
(c) Radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Antenna mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications.
(d) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(D) Personal wireless service and microwave antennas.
(1) Residential and Shoreland Districts.
(a) Antenna and support structures shall not exceed 75 feet in height in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts.
(b) Commercial antennas (other than co-location) and support structures of any type in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts shall require an interim use permit and be subject to all other requirements for an interim use listed in division (E) below.
(c) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(2) Agricultural Districts (AG, General Agriculture and A/R, Agricultural/Residential).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than the height of the structure.
(3) Commercial Districts (B-1, B-2 and I-1).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than one-half the height of the structure, exceptions to such setback may be granted if a structural engineer licensed in the state specifies in writing that any failure or collapse of the structure will occur within a lesser distance under all foreseeable circumstances.
(E) Standards and requirements for interim use permits.
(1) Information required with application. In addition to the standard application materials required by § 155.031 of this chapter for an interim use permit, no application for an antenna shall be complete unless the following data has been submitted.
(a) Documentation of the area to be served, including a search ring for the antenna location. A narrative describing a search ring (with not less than a one-half mile radius) for the request clearly explaining why the site was selected and what existing (over 100 feet in height) structures were available and why they are not suitable as locations or co-locations.
(b) Documentation that the communications equipment planned for the proposed structure cannot be accommodated on any existing or approved structure within the search ring of the service area due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved structure or building, as documented by a qualified structural engineer, and the existing or approved structure cannot be reinforced or modified to accommodate planned equipment at a reasonable cost (or within a reasonable time);
2. The planned equipment would cause interference with other existing or planned equipment at location as documented by a qualified radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
3. No existing or approved structures or buildings within a half-mile radius meet the radio frequency (RF) design criteria;
4. Existing or approved structures and buildings within a one-half mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency (RF) engineer; or
5. A good faith effort to co-locate on existing structures within a one-half mile radius was made, but an agreement could not be reached.
(c) An agreement stating that structures over 130 feet tall will be designed for not less than three users (including the applicant) with applicant and property owner commitment to co-location on reasonable market terms in good faith; any prohibition of additional users on a tower will be considered a violation of the interim use permit. The agreement shall also include a statement that any unused or obsolete tower shall be removed by the property owner and/or applicant. Said agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(2) Standards and conditions. In addition to any terms or conditions applied as a result of the process for issuing an interim use, the following standards shall apply to all antenna and support structures unless specifically waived by the Planning Commission.
(a) Antenna and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable codes. Antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(b) Antenna support structures shall be constructed of, or treated with, corrosive resistant material.
(c) Any proposed support structure over 130 feet in height shall be designed, in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users. To allow for future rearrangement of antennas, the structure shall be designed to accept antennas mounted at no less than ten-foot intervals. Support structures less than 130 feet and greater than 75 feet in height shall be designed for a total of two users.
(d) All support structures shall be reasonably protected against unauthorized climbing. The bottom of the structure (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and shall be enclosed with a minimum of an eight-foot high chain link fence with a locked gate.
(e) All antennas and support structures shall utilize building materials, colors, textures, screening and landscaping that blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible.
(f)
No part of any antenna or support structure, nor any lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right-of-way, public street, highway or sidewalk, unless specifically approved by the county.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
(A) Purpose. This chapter is established to regulate the installation and operation of wind energy conversion systems (WECS) within the county not otherwise subject to siting and oversight by the state under M.S. Ch. 216F, as it may be amended from time to time.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AGGREGATE PROJECT. Those which are developed and operated in a coordinated fashion, but which may have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the
facility may be owned by a separate entity, but are also included as part of the AGGREGATE PROJECT.
(2) COMMERCIAL WECS. A WECS of equal to or greater than 40 kW in total nameplate generating capacity.
(3) FALL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
(4) FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS.
(5) METEOROLOGICAL TOWER. For the purpose of this chapter, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the state’s Department of Transportation or other similar applications to monitor weather conditions.
(6) MICRO-WECS. Micro WECS are WECS of five kW nameplate generating capacity or less.
(7) NON-COMMERCIAL WECS. A WECS of more than five, but less than 40 kW in total name plate generating capacity.
(8) PUBLIC CONSERVATION LANDS. Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including, but not limited to, county parks, state wildlife management areas, state parks, state scientific and natural areas, federal wildlife refuges and waterfowl production areas. For the purpose of this section, public conservation lands will also include lands owned in fee title by non-profit conservation organizations. PUBLIC CONSERVATION LANDS do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations.
(9) ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
(10) SUBSTATIONS. Any electrical facility designed to convert electricity produced by the wind turbines to a voltage greater than 35,000 volts (35 KV) for interconnection with high voltage transmission lines shall be located outside of the road right-of-way.
(11) TOTAL HEIGHT. The height of a WECS as measured from ground level to the highest point reached by a rotor tip or any other part of the WECS.
(12) TOWER. Vertical structures that support the electrical generator, rotor blades or meteorological equipment.
(13) TOWER HEIGHT. The total height of the WECS exclusive of rotor blades.
(14) TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electrical energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
(15) WIND TURBINE. Any piece of electrical generating equipment that converts kinetic energy of blowing wind into electric energy through the use of airfoils or similar devices to capture the wind.
(C) Applications.
(1) All applications for micro WECS, non-commercial WECS and meteorological towers shall include the following information:
(a) The name of project applicant;
(b) The name of the property owner;
(c) The legal description and address of the property;
(d) A description of the project including: number, type, nameplate generating capacity, tower height, rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid;
(e) Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include separation/setback distances and be drawn to scale;
(f) Plan designed by a state licensed engineer for footings and structure;
(g) Documentation of land ownership or legal control of the property; and
(h) Life expectancy of the WECS and proposed abandonment date.
(2) All applications for commercial WECS shall also include:
(a) The latitude and longitude of individual wind turbines;
(b)
A half-section map of the property and surrounding area, including any other WECS within a quarter mile of the proposed WECS;
(c)
Location of wetlands and natural areas (including bluffs) within one-quarter mile of the proposed WECS;
(d) FAA permit application;
(e) Evidence of power purchase contracts;
(f) Location of all known communication towers within two miles of the proposed WECS;
(g) Decommissioning plan;
(h) Description of potential impacts on nearby WECS and wind resources on adjacent properties;
(i) Road and grading plans, including drainage and erosion control measures; and
(j) A National Pollutant Discharge Elimination System (NPDES) permit, if required.
(D) Aggregated projects. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and, as appropriate, approvals. Permits will be issued and recorded separately. Joint applications will be assessed fees as one project. The state’s Public Utilities Commission shall be the site permitting authority for all WECS with a nameplate generating capacity of five megawatts or more.
(E) District regulations.
District | Micro- WECS | Non- Commercial WECS | Commercial WECS | Meteorological Tower |
District | Micro- WECS | Non- Commercial WECS | Commercial WECS | Meteorological Tower |
AG General Agriculture | Permitted* | Permitted* | Interim use permit | Permitted* |
AR Ag/Residential | Permitted* | Interim use permit | Prohibited | Prohibited |
B1 Highway Business | Permitted* | Interim use permit | Interim use permit | Permitted* |
B2 General Business | Permitted* | Interim use permit | Interim use permit | Permitted* |
I1 General Industry | Permitted* | Interim use permit | Interim use permit | Permitted* |
R1 Urban Rural Transition | Prohibited | Prohibited | Prohibited | Prohibited |
R2 Suburban Residential | Interim use permit | Prohibited | Prohibited | Prohibited |
R2a -Suburban Residential (a) | Interim use permit | Interim use permit | Prohibited | Prohibited |
Shoreland Overlay | Prohibited | Prohibited | Prohibited | Prohibited |
WS Wild and Scenic | Prohibited | Prohibited | Prohibited | Prohibited |
NOTES TO TABLE: *Any WECS support tower or meteorological tower 130 feet or more in height shall require an interim use permit. | ||||
(F) Setbacks; wind turbines, tower and related structures.
Micro-WECS | Wind-Turbine – Non-Commercial WECS | Wind Turbine – Commercial WECS and Meteorological Towers |
Micro-WECS | Wind-Turbine – Non-Commercial WECS | Wind Turbine – Commercial WECS and Meteorological Towers | |
Bluffs | 1,000 feet | 1,000 feet | 1,000 feet |
Existing WECS | 300 feet | 750 feet | 750 feet |
Neighboring occupied structures | 1.5 times the total height | 750 feet | 1,000 feet |
Other rights-of-way (railroads, power line and other easements) | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Other structures | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Property lines | 1.1 times the total height | 1.1 times the total height | 1.5 times the total height |
Public conservation lands | 1.1 times the total height | 1.1 times the total height | 600 feet |
Road rights-of-way | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Wetlands, USFWS Types III, IV and V | 1.1 times the total height | 1.1 times the total height | 600 feet |
NOTES TO TABLE: Minimum setback standards for substations and feeder lines shall be consistent with the standards for essential services established in § 155.098 of this chapter or as established in the underlying zoning district, whichever is more restrictive. | |||
(G) Requirements and standards.
(1) Safety design standards.
(a) Engineering certification. For all WECS, the manufacturer’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(b) Clearance. Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground.
(c) Warnings.
1. For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. The signs must include emergency contact information.
2. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of ten feet above the ground. Visible fencing around the anchor points of guy wires may be substituted for the above referenced markers.
3. All towers and support structures shall be reasonably protected against unauthorized climbing. The bottom of the structure (measured from ground level to 14 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and/or shall be enclosed with a minimum of an eight-foot chain link fence with a locked gate. The chain link fence will meet the requirements of the 2012 IBC 3109.4.1.5. Depending on design, monopole structure may be exempt for the fence requirement.
(2) Standards.
(a) Any WECS support tower or meteorological tower 130 feet or more in height shall require an interim use permit.
(b) Non-commercial WECS shall have a total height of less than 200 feet.
(c) All wind turbines which are part of a commercial WECS shall be installed with a tubular, monopole type tower.
(d) Meteorological towers must be guyed.
(e) All wind turbines and towers that are part of a commercial WECS shall be white, gray, or another non-obtrusive color. Blades may be black in order to facilitate de-icing. Finishes shall be matte or non-reflective.
(f) Lighting, including lighting intensity and frequency of strobe, shall adhere to, but not exceed, requirements established by the Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination. Red pulsating incandescent lights should be avoided.
(g) All signage on-site shall comply with § 155.097 of this chapter. The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical generator of the WECS.
(h) All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried.
(i) Solid and hazardous wastes, including, but not limited to, crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(j) A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the County Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to ground level within 90 days of the discontinued use.
(k) Each commercial WECS shall have a decommissioning plan outlining the anticipated means and costs of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimate shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
(l) Upon issuance of an interim use permit, all commercial WECS shall notify the Environmental Quality Board Power Plant Siting Act program staff of the project location and details on the survey form specified by the Environmental Quality Board.
(m) All WECS shall comply with Minn. Rules Ch. 7030 governing noise.
(n) All WECS shall comply with Federal Aviation Administration (FAA) standards and permits.
(o) All WECS shall comply with the Building Code adopted by the state.
(p) Applicants for WECS shall be responsible for restoring or paying damages to all applicable road authority sufficient to restore the roads and bridges to preconstruction conditions.
(q) The applicant for a WECS shall be responsible for the immediate repair or damage to public drainage systems stemming from the construction, operation or maintenance of the WECS.
(r) Guy wires and guy wire anchors shall not be erected within public or private easements and shall be setback a minimum of five feet from all property lines.
(s) No land may be subdivided for the purpose of providing space for any WECS unless all lot size requirements for the relevant zoning district are met and subdivision approval is obtained.
(3) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals caused by any WECS. The applicant shall notify all communication tower operators within five miles of the proposed WECS location upon application to the County for permits. No WECS shall be constructed so as to interfere with the county or the state’s Department of Transportation microwave transmissions.
(4) Abandonment.
(a) At such time that a WECS is scheduled to be abandoned or discontinued, the applicant will notify the building inspector by U.S. mail of the proposed date of the abandonment or discontinuation of operations.
(b) Upon abandonment or discontinuation of use, the owner or applicant shall physically remove any small wind energy system greater than 130 feet in height within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Inspector. PHYSICALLY REMOVE shall include, but not be limited to:
1. Removal of the wind generator, tower and all related above-grade structures; and
2. Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.
(c) In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous 12-month period. After the 12 months of inoperability, the building inspector may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice within 30 days from receipt of notice. After review of the information provided by the owner, the Building Inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Building Inspector shall withdraw the notice of abandonment and notify the owner of the withdrawal.
(d) If the owner fails to respond to the notice of abandonment or if, after review by the Building Inspector, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the system shall physically remove the system at the owner’s sole expense within 90 days of the receipt of the notice of abandonment. If the owner fails to physically remove the
system after the notice of abandonment procedure, the building inspector may pursue legal action to have the small wind energy system removed at the owner’s expense.
(Ord. passed 12-1-2015; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
(A) Purpose. The purpose of this section is to set forth standards for solar energy farms and solar energy systems for the county. It is the intent of the county in adopting this section that solar energy farms are a temporary use and interim in nature and the property be returned to its agricultural use at the conclusion of the interim use permit for all solar energy farms.
(B) Definitions.
SOLAR ENERGY FARMS. Solar energy farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and have an alternating current (AC) rated capacity greater than 200 kilowatts AC. Solar energy farms require an interim use permit. Solar energy farms are allowed up to eight megawatts AC. Solar energy farms are a temporary use and interim in nature and cannot exceed 30 years.
SOLAR ENERGY SYSTEMS. Solar energy systems are any combination of solar panels on a parcel of property with a combined energy rated capacity not to exceed 200 kilowatts AC. Solar energy systems 40 kilowatts AC and under are permitted as accessory uses in all zoning districts. Solar energy systems over 40 kilowatts AC and not exceeding 200 kilowatts AC in all zones except for General Agriculture (AG) require an interim use permit.
UTILITY INTERCONNECTION. Point where the solar energy system or solar energy farm connects to the utility company system.
(C) Solar energy farms requirements and standards. Solar energy farms shall be subject to the following performance standards and restrictions:
(1) Residential districts prohibited. Solar energy farms are prohibited in residential districts.
(2) Height at maximum design tilt. Solar energy farms in Agricultural, Commercial and Industrial Zoning Districts may not exceed 20 feet in height at maximum design tilt.
(3) Location within lot. A solar energy farm must meet the primary structure setbacks for the zoning district in which it is located. A minimum setback distance of 100 feet is required to all adjacent primary residential structures, public trail, park, waterfowl production areas and wildlife management areas. Setbacks will be measured from the closest point of the project, which shall include any perimeter fencing. The Planning Commission may require greater setback distances.
(4) Land alterations. The Planning Commission shall review the associated land alteration for a solar energy farm and issue an interim use permit for that land alteration as part of the request for the solar energy farms interim use permit. Excavation plans must include proposed vegetation removal such as trees or other prominent natural vegetation and alteration of soils. No more than three acres or 7% of the project area, whichever is greater, of trees may be removed from any site. Under no circumstances can tree removal be more than 50% of the project area. Limited excavation may be allowed only where a road, berm, or other solar infrastructure, excluding panel locations, are proposed as deemed necessary by the Planning Commission.
(5) Screening and vegetation. A screening barrier will be required and maintained between the solar project and adjacent residences. It may also be required along roadways if the Planning Commission deems it necessary. Screening is required to be planted on the outside of the solar farms perimeter fence where deemed necessary by the Planning Commission. The Planning Commission may require additional screening between solar energy farms and adjoining properties. Perennial vegetative cover shall be established within 60 days of the completion of the project. Once the interim use permit has been issued the solar company and property owner are responsible for proper vegetative maintenance. Noxious weeds are prohibited from growing on the property. The Planning Commission may create a condition specifying the type of vegetative cover to be used for the project, this requirement may include the requirements stated in M.S. § 216B.1642.
(6) Storm water management; zoning code. Storm water management shall meet the requirements of this chapter and the State of Minnesota.
(7) Erosion and sediment control; zoning code. Erosion and sediment control shall meet the requirements of this chapter and the State of Minnesota.
(8) Foundations. The manufacturer's engineer or another qualified engineer shall certify that the foundation and design of the solar panels are within accepted professional standards, given local soil and climate conditions.
(9) Other standards and codes. All solar energy farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code and National Electric Safety Code as amended. The current property owner is required to sign all building permit applications.
(10) Onsite internal power and communication lines. Internal power and communication lines running among banks of solar panels to the point of utility interconnection or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning Commission in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
(11) Onsite external power and utility interconnection. All grounding transformers, the utility interconnection to the main electrical grid, electrical meters, main service meters, protective relays, reclosers, and any other similar electrical meter, regulator, control, or shut off device shall be ground-mounted unless specifically permitted to be aerially mounted by the Planning Commission. Utility poles associated with each solar energy farm shall be limited to up to one general utility pole and one additional pole for each permitted megawatt AC of electricity. The Planning Commission may require fewer utility poles. Utility poles legally permitted in any road right-of-way or which are currently existing are not included in this calculation. The proposed placement of all utility poles and any proposed aerially mounted equipment shall be shown in any proposed plans submitted. The Planning Commission shall specifically approve the placement of all utility poles outside of the road right-of-way.
(12) Internal service roads. All constructed internal roads will be allowed under limited circumstances as deemed necessary by the Planning Commission for the project area. If allowed all aggregate internal service roads will be required to have a road grade geotextile fabric below the surface of the aggregate to allow for removal of the road to reclaim the property back to its original state. The Planning Commission may allow for exceptions to the reclamation standard in situations in which the property owner files an affidavit asserting the road will have an agricultural or commercial value at the conclusion of the solar energy farm permit.
(13) External roads and road access. Before a permit is issued a written agreement by the applicable road authority must be submitted to the Planning and Zoning Department for the approval of any road right-of-way construction. The road authority may require a separate bond or letter of credit for the maintenance of external roads adjacent to the project area. This bond or letter of credit may be held by the road authority or the county.
(14) Agreement for decommissioning and public infrastructure.
(a) As part of the conditions for all solar energy farms, the Planning Commission shall require all applicants and property owners to enter into an agreement with the county for protection from the developer and property owner of all public infrastructure and to require security for the ongoing maintenance of the site during the permit, for the abatement of noxious weeds and ordinance violations, for the maintenance and protection of beneficial storm water drainage from surrounding parcels of real property, and for the decommissioning and reclaiming of the property.
(b) Prior to receiving an application for a building permit or making any improvements to the property the applicant and property owner shall enter into a contract in writing with the county requiring the applicant to indemnify the county for damage to any public improvements or infrastructure at the applicant's sole cost and in accordance with the county's specifications and usual contract conditions.
(c) The agreement shall require the applicant to create an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the County Attorney, County Engineer, and County Administration. The amount of the deposit or security is to be based upon the estimate of the total cost to remove any infrastructure and reclaim the property to its original condition at the conclusion of the solar energy farm. The salvage or resale value of the infrastructure shall not be used in calculating any offset or credit against the estimate of the total cost to remove the infrastructure and reclaim the property to its original condition. The deposit or security shall equal 150% of the estimate of all costs to remove any infrastructure and reclaim the property, plus any amount deemed necessary by the County Engineer to protect any public infrastructure during the construction or decommissioning of this project. This amount may be reduced or increased upon approval of a County Board resolution based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than 50% of the estimate. On request of the applicant, if evidence is presented that the described work and improvements have been paid for, the amount of the deposit may be reduced in a sum equal to the estimated cost of the reclamation work so completed. The escrow or irrevocable letter of credit shall be reimbursed or reissued within 90 days in the event the county authorizes or uses any funds in the escrow to correct or abate any violations of the interim conditional use permit, the agreement, noxious weed regulations, or the zoning ordinance. Failure to reimburse the escrow account or reissue the irrevocable letter of credit shall be considered a violation of the interim condition use permit, whether listed as a specific condition or not, and a reason for revoking the interim condition use permit.
(d) The agreement shall provide that the County Board may allow an adjoining owner of real property to receive reimbursement from the escrow deposit or irrevocable letter of credit in the event a property owner receives a final judgment or order from a court of competent jurisdiction finding the solar energy farm has damaged or altered the beneficial drainage of surface or tiled storm water discharged from adjoining real property.
(15) Application requirements. The following information shall be provided to the County Planning and Zoning Department for application of an interim use permit:
(a) A site plan of existing applicable conditions showing the following:
1. Existing property lines and property lines extending 100 feet from the exterior boundaries.
2. Existing public and private roads and any easements.
3. Location and size of any abandoned wells and sewage treatment systems.
4. Existing buildings and any impervious surface.
5. Topography at two-foot intervals and source of contour interval, unless determined otherwise by the County planning and Zoning Department.
6. Existing vegetation.
7. Waterways, watercourses, lakes and wetlands.
8. The 100-year flood elevation and regulatory flood protection elevation, if available.
9. Floodway, flood fringe and/or Flood Plain (FP) District boundary, if applicable.
10. The Shoreland District boundary, if any portion of the project is located in a Shoreland District.
11. In the Shoreland District, the ordinary high water level.
12. In the Shoreland District, the toe and top of a bluff within the project boundaries.
13. Surface water drainage patterns.
14. Location of existing drain tiles. When a drain tile is located on the site it shall be avoided whenever possible. All drain tiles located on the property must be replaced if they are found to be broken or in need of repair.
15. An aerial map demonstrating the proposed solar farm complies with all setback requirements. The map at a minimum shall include accurate measurement rings, boxes or other survey measurements as approved by the Zoning Administrator.
16. A certified or sworn statement by the applicant which includes a full listing and disclosure of all materials and substances which are included in the construction of the solar panels that will be placed on the property. This statement will need to be reaffirmed and redisclosed at the time the building permit application is filed.
(b) Site plan of proposed conditions:
1. Planned location and spacing of solar panels.
2. Planned location of access roads.
3. Planned location of all utility poles and underground or overhead electric lines connecting the solar energy farms or solar energy systems to the point of interconnection. The location of any utility poles shall also be shown on the site plan.
4. Planned new electrical equipment other than at the existing building or substation that is the connection point for the solar energy farm.
6. Proposed screening plan and vegetation plan for the project area is required.
7. Proposed storm water management controls, with grading, drainage, storm water controls and erosion controls designed by a licensed engineer. Any requirements of a local municipality, state or federal agency shall be incorporated in the plans submitted. All plans that are submitted must be reviewed and accepted by the Wright Soil and Water Conservation District prior to an application being submitted and deemed complete.
8. The identification and mapping of new drain tile on site.
9. Sketch elevation of the premises accurately depicting the proposed solar energy farm or solar energy systems and its relationship to structures on adjacent lots (if any) unless determined otherwise by the County Planning and Zoning Department.
(c) Specifications and proposed installation methods for all planned major equipment, including solar panels, mounting systems and foundations for poles or racks.
(d) The planned number of panels to be installed.
(e) A description of the method of connecting the array to the utility interconnection.
(f) A copy of the submitted interconnection application with the local electric utility or a written explanation outlining why an interconnection application is not necessary. The proposed utility interconnection design plan must also accompany the application for the interim use permit.
(g) A decommissioning plan shall be required to ensure that the infrastructure improvements are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan describing the financial resources that will be available to fully decommission the site The decommissioning plan shall also include a statement that any unused or obsolete equipment shall be removed by the property owner and/or applicant. Said plan shall be signed by the applicant and the property owner and shall be attached to and become part of the permit. The applicant and property owner shall enter into an agreement and provide security for the decommissioning as outlined in § 155.108(C)(14).
(16) Any interim use permit issued under this section for solar energy farms is temporary and interim in nature. The interim use permit for solar energy farms shall expire at the same time the solar energy farm lease expires, but in no case shall exceed 30 years. A new interim use permit can be applied for and the county may issue a new interim use permit for an existing solar energy farms under the terms of § 155.031 of this chapter. The Planning Commission may waive the expiration requirement for solar energy farms located on property owned by public utilities and other unique owner operated facilities.
(17) The final utility interconnection design and approval must be submitted to the Planning and Zoning Department before the building permit can be issued.
(18) Solar farm setback distances. The operational area(s), including fencing, solar arrays, and any other infrastructure of a solar energy farm, shall be located a minimum distance of two miles from any other solar array over 200 kilowatts AC whether originally permitted by the county, a state or federal regulatory agency, or any other municipality in the county. Calculating the two-mile distance from another solar array as provided in this section shall be measured by the shortest line from any of the infrastructure, solar arrays, or fencing of the proposed solar energy farm to the nearest point of the other solar array in excess of 200 kilowatts AC.
(D) Solar energy systems requirements and standards.
(1) Accessory building limit. Solar energy systems, either roof or ground-mounted, do not count as an accessory building for the purpose of limits on accessory buildings.
(2) Height. Solar energy systems are subject to the following height requirements:
(a) Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.
(b) Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt in Residential Zoning Districts and may be allowed up to 20 feet in other zoning districts.
(3) Location within lot. Solar energy systems must meet the accessory structure setback for the zoning district it is located within and will be measured from the closest point at maximum orientation. If attached to the primary structure, the solar energy systems must meet the setbacks for the primary structure.
(4) Approved solar components. Electric solar energy system components must have an Underwriters Laboratory (UL) listing.
(5) Compliance with state electric code. All Solar Energy Systems shall comply with the Minnesota State Electric Code.
(6) Utility notification. No solar energy system shall be installed until evidence has been given to the County Planning and Zoning Department that the owner has notified the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
(7) Interim use permit.
(a) The Planning Commission shall review the associated land alteration for a solar energy system and issue an interim use permit for that land alteration as part of the request for the solar energy farms interim use permit. Excavation plans must include proposed vegetation removal such as trees or other prominent natural vegetation. No more than three acres or 7% of the project area, whichever is greater, of trees may be removed from any site. Under no circumstances can tree removal be more than 50% of the project area. Limited excavation may be allowed only where a road, berm, or other solar infrastructure, excluding panel locations, are proposed as deemed necessary by the Planning Commission.
(b) Screening barrier may be required.
(c) The Planning Commission may require standards similar to solar energy farms as deemed necessary.
(d) Interim use permits for solar energy systems do not expire unless the solar energy system is removed or unless terms are violated.
(Ord. passed 7-28-2015; Ord. 16-2, passed ---; Ord. 16-7, passed 11-1-2016; Ord. 18-2, passed 6-19-2018; Ord. 18-4, passed 6-19-2018; Ord. 21-3, passed 4-27-2021; Ord. 21-5, passed 1-18-2022; Ord. 21-5A, passed 1-18-2022; Ord. 23-1, passed 5-2-2023; Ord. 23-2, passed 5-16-2023)
(A) Purpose. This section is adopted for the purpose of:
(1) Preserving the county's agricultural and rural heritage and landscapes.
(2) Enhancing the county's appeal to visitors who are drawn to its rural and agricultural environment.
(3) Providing opportunities for new economic growth through commercial agricultural tourism.
(4) Allowing for commercial agricultural tourism that does not conflict with permitted agricultural operations and developed residential areas.
(B) Standards. The following standards shall apply to all commercial agricultural tourism uses.
(1) Commercial agricultural tourism shall be located on a parcel of at least ten acres in size which has a residence or entitlement.
(2) Commercial agricultural tourism shall be shown to have a unique or demonstrable relationship with the county and be correlated to agricultural and rural features in accordance with the above stated purposes.
(3) Large scale events and gatherings held inside a building must be associated with an outdoor agricultural or rural outdoor activity, or be seasonal or part-time in nature. Any associated food must be catered. The Planning Commission may allow for limited food preparation provided it meets the underlying intent of the commercial agricultural tourism use. Alcohol must be catered.
(4) Commercial agricultural tourism shall require an interim use permit in accord with § 155.031 of the county Zoning Ordinance and must comply with the county land use plan.
(C) Conditions. As part of any interim use permit the Planning Commission shall adopt conditions which address the following criteria:
(1) Must not create an excessive demand upon existing services or amenities.
(2) Must be screened or able to be screened adequately, or are sufficiently separated from adjacent residences to prevent negative impacts to nearby properties.
(3) Must have an appearance that is consistent and compatible with the surrounding area and land uses.
(4) Must not cause traffic hazards or undue congestion.
(5) Must not negatively impact surrounding residences and neighbors by the intrusion of noise, glare, odor, or other adverse effects.
(Ord. 16-01, passed 5--2016; Ord. 16-2, passed ---; Ord. 23-1, passed 5-2-2023)
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