§ 155.051 SUBURBAN RESIDENTIAL (R-2a).

   (A)   Purpose. The major purpose of this district is to allow for a “rural life-style” by permitting low-density residential development in areas that are marginal or non-feasible for agriculture.

   (B)   Permitted uses.

      (1)   Single-family detached residences;

      (2)   Any agricultural land use already existing at the time of subdivision;

      (3)   Forestry;

      (4)   Nurseries, excluding greenhouses;

      (5)   Public recreation; and

      (6)   Solar energy systems as regulated under § 155.108.

   (C)   Accessory uses.

      (1)   Garages;

      (2)   Fences;

      (3)   Gardening and other horticultural uses where no sale of products is conducted on the site;

      (4)   Decorative landscape features such as statues, rocks, reflecting ponds and benches;

      (5)   Recreation equipment;

      (6)   Livestock, poultry and animals subject to the provisions of § 155.008(B) of this chapter;

      (7)   Pole barns; and

      (8)   Non-commercial wind chargers.

   (D)   Conditional and interim uses.

      (1)   Conditional uses.

         (a)   Essential services - telephone, telegraph, sewer, water, gas and power distribution poles and lines and necessary appurtenant equipment and structures such as transformers, unit substations and equipment houses;

         (b)   Fire station;

         (c)   Police station;

         (d)   Cemeteries;

         (e)   Subdivisions, five-acre minimum lot subdivision in areas designated as such in the land use plan;

         (f)   Township Halls; and

         (g)   Churches.

      (2)   Interim uses.

         (a)   All home occupations;

         (b)   Bed and breakfast units in single-family dwellings;

         (c)   Any change in agricultural practice that marks an intensification of present agricultural use;

         (d)   Commercial outdoor recreation;

         (e)   Seasonal produce stands;

         (f)   One mobile home per farmstead (necessary to the operation of the farm operation at a minimum floor area of 800 square feet);

         (g)   Community centers; and

         (h)   Solar energy systems as regulated under § 155.108.

   (E)   Prohibited uses. All other uses not listed as permitted, accessory, conditional, or interim shall be prohibited.

   (F)   Performance standards. Parcels in the R-2(a) District shall be limited to one-half animal unit per acre and less than ten animal units total, except as allowed under § 155.008(B) of this chapter.

      (1)   Height regulations.

         (a)   No buildings hereafter erected shall exceed two and one-half stories or 35 feet in height.

         (b)   This shall not apply to wind chargers which are at least 50 feet from any property line.

      (2)   Front yard regulations.

         (a)   Setbacks:

 

Required Setback Distance from Road Centerline	Road Class
130	State Highway
130	County Road and State Aid Highway
65	Local Road
25	From right-of-way of cul-de-sac or approved “T”

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

         (c)   Within existing developed areas, the above front yard setback requirements may be adjusted to coincide with average setback occurring on either side of the proposed building within 300 feet; except that, no building shall be located less than 20 feet from right-of-way line.

      (3)   Side yard regulations. There shall be a minimum side yard of 30 feet for principal uses and ten feet for accessory uses unless the building is housing livestock, then the setback is 100 feet.

      (4)   Rear yard regulations. There shall be a rear yard having a depth of not less than 30 feet for non-livestock buildings and a setback of 100 feet for livestock buildings.

      (5)   Lot area regulations. The minimum lot size shall be five acres.

      (6)   Lot width and depth regulations. The minimum lot width shall be 300 feet and the minimum lot depth shall be 300 feet.

      (7)   General regulations. Additional requirements for parking, signs, sewage systems and other regulations set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 18-2, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

§ 155.052 MULTIPLE-FAMILY URBAN DISTRICT (R-3).

   (A)   Purpose. An R-3 District is established to allow multiple-family dwellings in areas that are provided with community water and sewer systems or systems approved by the Pollution Control Agency, the County Environmental Health Officer and substantiated by specific engineering data.

   (B)   Permitted uses. All uses permitted in Urban/Rural Residential Districts.

   (C)   Accessory uses. All accessory uses permitted in Urban/Rural Residential Districts.

   (D)   Conditional and interim uses.

      (1)   Conditional uses.

         (a)   Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant, equipment and structures such as transformers, unit substations and equipment housing; and

         (b)   City or town hall;

         (c)   Churches;

         (d)   Single-family attached dwellings; and

         (e)   Duplexes.

      (2)   Interim uses.

         (a)   Multiple-family dwellings;

         (b)   Student housing;

         (c)   All home occupations;

         (d)   Agricultural land use already existing at time of zoning. No intensification or modification of agricultural activities should be allowed in multiple-family dwelling areas;

         (e)   Commercial recreational areas;

         (f)   Prefabricated or modular manufactured housing units;

         (g)   Medical and dental clinics;

         (h)   Rest homes, hospitals;

         (i)   Community center;

         (j)   Boarding or lodging houses;

         (k)   Schools;

         (l)   Public recreation including golf courses (public or private);

         (m)   Mobile home parks subject to the standards in § 155.099 of this chapter; and

         (n)   Solar energy systems as regulated under § 155.108.

   (E)   Prohibited uses. All other uses not listed as permitted, accessory, conditional, or interim shall be prohibited.

   (F)   Performance standards.

      (1)   Locational requirements. Apartment developments should be located on major thoroughfares, near open green space or in large areas specifically designed for high density development.

         (a)   When possible, apartment should serve as a buffer between single-family homes and non-residential uses.

         (b)   The site should not be located in such a manner as to channel traffic onto minor streets in low density residential neighborhoods.

      (2)   Site development.

         (a)   Height regulations. No building hereafter erected shall exceed two and one-half stories or 35 feet in height.

         (b)   Front yard regulations.

            1.   Setbacks:

 

Required Setback Distance From Road Centerline	Road Class
130	Federal/State Highway
130	County Road and State Aid Highway
65	Local Road
25	From right-of-way of cul-de-sac or approved “T”

 

            2.   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

         (c)   Side yard regulations. Side yard (setback) adjacent to another lot: 15 feet or three-fourths the height of the building, whichever is greater.

         (d)   Front and rear yard regulations. There shall be a front yard having a depth of at least 32 feet and a rear yard of 50 feet.

         (e)   Lot area regulations. The density of single-family attached or multi-family units shall not exceed eight per acre. No more than 30% of the lots’ ground area shall be covered by structures.

         (f)   Lot width and depth regulations. There shall be a lot width of at least 85 feet and a lot depth of 85 feet.

         (g)   Land use. The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping and the like so that no portion of the site remains undeveloped.

   (G)   General regulations.

      (1)   In shoreland areas, additional restrictions concerning docking facilities and other centralized facilities may apply in accordance with statewide standards for management of shorelands areas.

      (2)   Additional requirements for R-3 Districts are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 18-4, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

§ 155.053 HIGHWAY BUSINESS DISTRICT (B-1).

   (A)   Purpose. A B-1 District is established to accommodate those types of businesses that require an accessibility to highways to successfully function. To minimize unmanageable strip development, B-1 should only allow the type of businesses that absolutely require highway accessibility.

   (B)   Conditional and interim uses.

      (1)   Conditional uses.

         (a)   Essential services - utility lines and other necessary appurtenant structures; and

         (b)   Subdivisions, minimum size of one acre; and

         (c)   Churches.

      (2)   Interim uses.

         (a)   Drive-in movie theater;

         (b)   Drive-in restaurant;

         (c)   Recreation equipment sales;

         (d)   Motels;

         (e)   Auto service stations;

         (f)   Seasonal produce stand;

         (g)   Auto sales lot;

         (h)   Cafés and restaurants;

         (i)   Parking lots;

         (j)   Any other incidental repair, processing and storage necessary to conduct a permitted principal use; provided that, said accessory use does not exceed 30% of the floor space of the principal building;

         (k)   Other highway-oriented business activities of the same general character as listed;

         (l)   Commercial recreation;

         (m)   Commercial day care centers;

         (n)   Convenience-type retail outlets with high customer turnover rate;

         (o)   Solar energy farms;

         (p)   Solar energy systems as regulated under § 155.108;

         (q)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (r)   Cannabis-related businesses, as regulated under § 155.112.

   (C)   Performance standards. B-1 Districts shall be located only adjacent to thoroughfares. Service roads shall be encouraged in the B-1 Districts. The service roads shall have access to thoroughfares only. No service roads shall have access to local residential streets, nor shall highway business oriented traffic be routed on or directed to local residential streets.

      (1)   Service road standards.

         (a)   Each service road shall have a minimum of 30 feet of right-of-way exclusive of adjoining thoroughfare right-of-way.

         (b)   Each service road shall be at least 24 feet wide and must be surfaces and have curbs.

         (c)   Two-way traffic shall be allowed on service roads.

         (d)   No parking shall be allowed on service roads.

         (e)   Access from service roads shall be no more frequent than one access for each 500 feet of thoroughfare frontage.

      (2)   Height regulations. No building shall hereafter be erected or structurally altered to exceed two and one-half stories or 35 feet in height.

      (3)   Front yard regulations.

         (a)   Setbacks:

 

Required Setback Distance From Road Centerline	Road Class
160	State/Federal Highway
160	County Road and State Aid Highway
95	Local Road

 

         (b)   Where a lot is located at the intersection of two or more roads or highways which bound two or more sides of the lot, no building shall project beyond the front yard line of either road.

      (4)   Side yard regulations.

         (a)   There shall be a side yard having a width of not less than 20 feet on each side of a building.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residential or Agricultural District.

      (5)   Rear yard regulations.

         (a)   There shall be a minimum rear yard of 35 feet.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residence or Agricultural District.

      (6)   Lot width and depth regulations. There shall be a minimum lot width and depth of 150 feet.

      (7)   Water and sewer system. The developer shall be required to indicate the proposed water and sewage disposal system to serve the development.

      (8)   Screening and fencing. The county may require the screening and fencing of commercial uses especially on side and rear yards facing Residential and Agricultural Districts.

      (9)   Coverage. No more than 50% of the lot ground area shall be covered by buildings.

      (10)   General regulations. Requirements for signs, parking, shopping centers and other regulations are set forth in §§ 155.075 through 155.108 of this chapter.

   (D)   Multiple use buildings. In general, only one principal use may be permitted per lot. Where buildings are proposed which will contain more than one use, each use or change of use shall require a separate conditional use permit.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

§ 155.054 GENERAL BUSINESS DISTRICT (B-2).

   (A)   Purpose. The General Business District is intended to provide a district that will allow general retail and commercial uses to serve existing population.

   (B)   Conditional and interim uses.

      (1)   Conditional uses.

         (a)   Subdivisions, minimum lot size of one acre;

         (b)   Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures; and

         (c)   Churches.

      (2)   Interim uses.

         (a)   Commercial recreation;

         (b)   Hospitals;

         (c)   Hotel and motel;

         (d)   Offices and medical centers;

         (e)   Retail trade;

         (f)   Government buildings;

         (g)   Wholesale business;

         (h)   Indoor recreation, such as movie theater;

         (i)   Restaurants, cafés and supper clubs;

         (j)   Passenger transportation terminal;

         (k)   Drive-in business;

         (l)   Clubs, lodges;

         (m)   Automobile service stations;

         (n)   Landscaping;

         (o)   Parking facilities;

         (p)   Fences;

         (q)   Any incidental repair, processing and storage necessary to conduct a principal use, but not exceeding 30% of the floor space of the principal building;

         (r)   On-off sale liquor establishment;

         (s)   Freight transportation terminals;

         (t)   Industry, such as a printing company, that requires direct contact with the public for sales;

         (u)   Single dwelling units;

         (v)   Commercial day care centers;

         (w)   Solar energy farms;

         (x)   Solar energy systems as regulated under § 155.108;

         (y)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (z)   Cannabis-related businesses, as regulated under § 155.112.

   (C)   Performance standards.

      (1)   Height regulations. No building shall hereafter be erected or structurally altered to exceed two and one half stories or 35 feet in height.

      (2)   Front yard regulations.

         (a)   Setbacks:

 

Required Setback Distance From Road Centerline	Road Class
130	State Highway
130	County Road and State Aid Highway
65	Local Road

 

         (b)   Where a lot is located at the intersection of two or more roads or highway side of each corner lot. No building shall project beyond the front yard line of either road.

      (3)   Side yard regulations.

         (a)   Minimum side yard shall be 20 feet.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residential or Agricultural District.

      (4)   Rear yard regulations.

         (a)   There shall be a minimum rear yard of 35 feet.

         (b)   No building shall be located within 50 feet of any rear lot line abutting a lot in any Residential or Agricultural District.

      (5)   Lot width and depth regulations. There shall be a minimum lot width and depth of 150 feet.

      (6)   Sewage disposal and water system. The developer shall be required to indicate the proposed water and sewage disposal systems to serve the development.

      (7)   Screening and fencing. The county may require the screening and fencing of commercial uses especially on side and rear yards facing residential and agricultural uses.

      (8)   General regulations. Requirements for signs, parking, shopping centers and other regulations are set forth in §§ 155.075 through 155.108 of this chapter.

      (9)   Coverage. No more than 50% of the lot ground area shall be covered by buildings.

   (D)   Multiple use buildings. In general, only one principal use may be permitted per lot. Where buildings are proposed which will contain more than one use, each use or change of use shall require a separate conditional use permit.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

§ 155.055 GENERAL INDUSTRY DISTRICT (I-1).

   (A)   Purpose. The intent of the I-1 General Industry District is to provide a district that will:

      (1)   Allow general industrial development related to the existing development in the urban communities of the county;

      (2)   Encourage development that is compatible with surrounding or abutting districts; and

      (3)   Provide developmental standards that will not impair the traffic-carrying capabilities of abutting roads and highways.

   (B)   Conditional and interim uses.

      (1)   Conditional uses.

         (a)   Subdivisions, minimum lot size of one acre;

         (b)   Public service structures, including power substations, gas regulator stations, sewage disposal plant, telephone exchange, police or fire station, elevated tanks, water works and other essential utilities; and

         (c)   Railroad rights-of-way and railroad yards;

      (2)   Interim uses.

         (a)   Bottling establishments;

         (b)   Building material sales and storage and lumber yards;

         (c)   Camera and photographic supplies manufacturing;

         (d)   Cartage and express facilities;

         (e)   Cartography and bookbinding;

         (f)   Commercial radio and television transmitting stations and towers;

         (g)   Contractor's offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical and refrigeration;

         (h)   Dry cleaning plants;

         (i)   Electric light or power-generating stations;

         (j)   Electrical and electronic products manufacturers;

         (k)   Electrical service shops;

         (l)   Engraving, printing and publishing;

         (m)   Extraction, processing or storage of sand, gravel, stone or other minerals, bituminous plants and concrete mixing plants;

         (n)   Farm implement dealerships;

         (o)   Feed and fertilizer manufacturing;

         (p)   Freight terminal;

         (q)   Garage for storage, repair and servicing of motor vehicles;

         (r)   Highway maintenance shops and yards;

         (s)   Ice sales and storage;

         (t)   Jewelry manufacturer;

         (u)   Junk yards, salvage yards, sanitary landfills;

         (v)   Laundries;

         (w)   Medical, dental and optical laboratories;

         (x)   Monument works;

         (y)   Slaughter houses;

         (z)   Storage or warehousing;

         (aa)   Wholesale business and office establishments;

         (bb)   Any use permitted in the B-2 General Business District;

         (cc)   Any manufacturing, fabrication, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products which conform with the performance standards set forth for this district;

         (dd)   Solar energy farms;

         (ee)   Solar energy systems as regulated under § 155.108;

         (ff)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (gg)   Cannabis-related businesses, as regulated under § 155.112.

   (C)   Conditions.

      (1)   Storm drainage facilities shall be provided.

      (2)   Municipal sanitary sewer and water shall be provided or a substitute acceptable to the Environmental Health Officer.

      (3)   The County Planning Commission shall set additional conditions on any conditional or interim use permit to carry out the intent of the Comprehensive Plan and this chapter.

   (D)   Accessory uses. Accessory uses customarily incidental to the uses permitted in division (B) above and shall be permitted accessory uses within a I-1 General Industry District.

   (E)   Height, yard and lot width and building coverage regulations.

      (1)   Height regulations. No building shall hereafter be erected or structurally altered to exceed four stories or 45 feet in height.

      (2)   Front yard regulations.

         (a)   There shall be a front yard setback of not less than 130 feet from the centerline of U.S. highways and state highways and 130 feet from the centerline of all county state aid highways and county highways.

         (b)   There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way.

         (c)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard line of either road.

      (3)   Side yard regulations. A minimum side yard of 25 feet shall be required; except that, no building shall be located within 50 feet of any side lot line abutting any residence district.

      (4)   Rear yard regulations. There shall be a rear yard having a depth of not less than 35 feet, except that no building shall be located within 50 feet of any rear lot line abutting a lot in zoned for a Residential or Agricultural use.

      (5)   Lot width and depth regulations. There shall be a minimum lot width and depth of 150 feet.

      (6)   Lot coverage regulations. Not more than 50% of the total area of a lot shall be covered by buildings.

   (F)   General regulations. Additional requirements for signs, parking and other regulations in the I-1 General Industry District are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 18-2, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

§ 155.056 FLOODPLAIN OVERLAY DISTRICT (FP).

   (A)   Statutory authorization and purpose.

      (1)   Statutory authorization. This floodplain section is adopted pursuant to the authorization and

policies contained in M.S. Ch. 103F; Minn. Rules, parts 6120.5000 through 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 C.F.R. 59 to 78; and the planning and zoning enabling legislation in M.S. Ch. 394, as may be amended from time to time.

      (2)   Purpose.

         (a)   This section regulates development in the flood hazard areas of the county. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

         (b)   This section is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.

         (c)   This section is adopted to maintain eligibility in the National Flood Insurance Program.

         (d)   This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

      (3)   Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this section take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

      (4)   Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger floods do occur, and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This section does not create liability on the part of the county or its officers or employees for any flood damages that result from reliance on this section, or any administrative decision lawfully made hereunder.

   (B)   Definitions. Unless specifically defined, words or phrases used in this section must be interpreted according to common usage and so as to give this section its most reasonable application. For the purpose of this section, and in addition to the provision of § 155.003 of this chapter, the following definitions shall apply.

      (1)   ACCESSORY STRUCTURE. A structure, as defined in this section, that is on the same parcel of property as, and is incidental to, the principal structure or use; an ACCESSORY STRUCTURE specifically excludes structures used for human habitation.

      (2)   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. BASE FLOOD is synonymous with the term REGIONAL FLOOD used in Minn. Rules, part 6120.5000.

      (3)   BASE FLOOD ELEVATION (BFE). The elevation of the base flood, regional flood, or 1% annual chance flood. The term BASE FLOOD ELEVATION is used in the Flood Insurance Study.

      (4)   BUILDING. See STRUCTURE.

      (5)   CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

      (6)   CRITICAL FACILITIES. Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.

      (7)   DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

      (8)   EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

      (9)   FARM FENCE. An open type of fence of posts and horizontally run wire, further specified in M.S. § 344.02, subd. 1(a) through 1(d), as they may be amended from time to time.

      (10)   FEMA. Federal Emergency Management Agency.

      (11)   FLOOD. A temporary rise in the stream flow or water surface elevation from any source that results in the inundation of normally dry land areas.

      (12)   FLOOD FRINGE. The portion of the 1% annual chance floodplain located outside of the floodway.

      (13)   FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a DIGITAL FLOOD INSURANCE RATE MAP (DFIRM).

      (14)   FLOOD INSURANCE STUDY (FIS). The study referenced in division (C)(2), which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

      (15)   FLOODPLAIN. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

      (16)   FLOODPROOFING. A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

      (17)   FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot.

      (18)   GENERAL FLOODPLAIN. Those floodplains designated on the Flood Insurance Rate Maps referenced in division (C)(2), but that do not have a delineated floodway.

      (19)   LIGHT DUTY TRUCK. Any motor vehicle that has all three of the following:

         (a)   Eight thousand five hundred pounds gross vehicle weight rating or less;

         (b)   Vehicle curb weight of 6,000 pounds or less; and

         (c)   Basic vehicle frontal area less than 45 square feet.

      (20)   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation and includes any subsequent improvements to such structures.

      (21)   PRINCIPAL STRUCTURE. The main building or other structure on a lot that is utilized for the property's principal use.

      (22)   REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

      (23)   REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation that is one foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.

      (24)   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

      (25)   STAGE INCREASE. Any increase in the water surface elevation during the 1% annual chance flood caused by encroachments on the floodplain.

      (26)   START OF CONSTRUCTION. Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

      (27)   STRUCTURE. A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in division (J)(2)(b), shall also be considered a structure for the purposes of this section.

      (28)   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

      (29)   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

         (a)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

         (b)   Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the structure's continued designation as a HISTORIC STRUCTURE. For the purpose of this section, HISTORIC STRUCTURE is defined in 44 C.F.R. § 59.1.

      (30)   VARIANCE. As defined in 44 C.F.R. § 59.1, § l55.003(B)(170), and M.S. § 394.27, subd. 7.

      (31)   WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. Applies to either natural or artificially constructed channels.

   (C)   Jurisdiction and districts.

      (1)   Lands to which section applies. This section applies to all lands within the jurisdiction of the county within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.

         (a)   The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

         (b)   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevation (BFE) shall be the governing factor in locating the outer boundaries of the 1% annual chance floodplain.

         (c)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.

      (2)   Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this section. The attached material includes the Flood Insurance Study for Wright County, Minnesota, and Incorporated Areas, and Flood Insurance Rate Map Index panels 27171 CIND1A and 27171CIND2A, all dated June 20, 2024, and prepared by the Federal Emergency Management Agency. These materials are on file in the Wright County Office of Planning and Zoning.

      (3)   Districts.

         (a)   Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps referenced in division (C)(2).

         (b)   Flood Fringe District. Those areas within Zones AE located outside of the delineated floodway, as shown on the Flood Insurance Rate Maps referenced in division (C)(2).

         (c)   General Floodplain District. Those areas within Zones A and AE that do not have a floodway delineated as shown on the Flood Insurance Rate Maps referenced in division (C)(2).

      (4)   Municipal boundary adjustments and townships. The Flood Insurance Rate Map panels referenced in division (C)(2) apply countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:

         (a)   City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Cities retain jurisdiction for all incorporated lands, and the county retains jurisdiction under this section on all unincorporated lands, except as provided under division (C)(4)(b) below or through some form of administrative agreement.

         (b)   Townships wishing to adopt official controls under M.S. § 394.33, as may be amended from time to time, may only obtain zoning authority for floodplain controls when they have adopted an ordinance that is approved by the Department of Natural Resources and has formally enrolled in the NFIP. Until this occurs, the county shall retain jurisdiction under this section on all unincorporated lands. In the event that a township returns zoning authority, the county shall resume that authority.

   (D)   Requirements for all floodplain districts.

      (1)   Permit required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this section prior to the following uses or activities.

         (a)   The erection, addition, modification, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in division (L)(1)(c).

         (b)   The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm fences, as defined in division (B) of this section, are not considered to be an obstruction, and as such, do not require a permit.

         (c)   The change or expansion of a nonconforming use.

         (d)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

         (e)   The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.

         (f)   The storage of materials or equipment, in conformance with division (D)(3)(b).

         (g)   Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a substantial alteration above the ordinary high-water level is also occurring.

         (h)   Any other type of development, as defined in division (B) of this section.

      (2)   No permit required. Subject to the opinion of the Zoning Administrator, certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this section, do not require a permit.

      (3)   Minimum development standards.

         (a)   All development must:

            1.   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

            2.   Be constructed with materials and equipment resistant to flood damage;

            3.   Be constructed by methods and practices that minimize flood damage;

            4.   Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the regulatory flood protection elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;

            5.   Be reasonably safe from flooding and consistent with the need to minimize flood damage;

            6.   Be assured to provide adequate drainage to reduce exposure to flood hazards;

            7.   Not be detrimental to uses in adjoining areas;

            8.   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system; and

            9.   Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible.

         (b)   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the regulatory flood protection elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in M.S. § 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.

         (c)   Critical facilities shall be located so that the lowest floor is not less than two feet above the base flood elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.

Table 1 Summary of Permitting Requirements for Structures
Structure Type	Floodway	Flood Fringe	Standards*
Accessory structures - on fill	Only specific uses and types allowed - with CUP	Allowed with permit	(F)(2)(c)4.b.
Accessory structures - alt. elevation methods	Only specific uses and types allowed - with CUP	Allowed with permit	(F)(2)(c)4.c.
Accessory structures - wet floodproofing	Only specific uses and types allowed - with CUP	Allowed with permit	(F)(2)(c)4.a.
Accessory structures - dry (watertight) floodproofing	Only specific uses and types allowed - with CUP	Allowed with permit	(F)(2)(c)4.d.
Residential - on fill	Not allowed	Allowed with permit	(F)(2)(a)
Residential - alt. elevation methods	Not allowed	Allowed with CUP	(F)(4)
Residential - dry (watertight) floodproofing and/or basement below RFPE	Not allowed	Not allowed	N/A
Nonresidential - on fill	Not allowed	Allowed with permit	(F)(2)(b)1.
Nonresidential - alt. elevation methods	Not allowed	Allowed with permit	(F)(2)(b)2.
Nonresidential - dry (watertight) floodproofing and/or basement below RFPE	Not allowed	Allowed with permit	(F)(2)(b)4.
Note: *Many of these standards are cross-referenced

 

   (E)   Floodway District.

      (1)   Permitted uses in floodway. Development allowed in the Floodway District is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the 1% annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards in division (E)(2):

         (a)   Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.

         (b)   Roads, driveways, railroads, trails, bridges, and culverts.

         (c)   Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.

         (d)   Grading, filling, land alterations, and shoreline stabilization projects.

         (e)   No structures, as defined in division (B), are allowed in the Floodway District, except structures accessory to the uses detailed in divisions (E)(1)(a) and (E)(3)(a), which require a CUP under division (E)(3)(b).

         (f)   Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10% annual chance flood event.

      (2)   Standards for permitted uses in floodway. In addition to the applicable standards detailed in division (D):

         (a)   The applicant must demonstrate that the development will not result in any of the following during the 1% annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a "no-rise certification."

         (b)   Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 C.F.R. § 65.12. Map revisions must follow the procedures in divisions (K)(1)(e) and (N).

         (c)   Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in divisions (K)(1)(e) and (N).

         (d)   Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with M.S. § 103G.245, as may be amended from time to time, or a utility crossing license in accordance with M.S. § 84.415, as may be amended from time to time, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

         (e)   Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

         (f)   Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.

      (3)   Conditional and interim uses in floodway. The following uses and activities may be permitted as conditional and interim uses, if authorized in the zoning district, subject to the standards detailed in division (E)(4):

         (a)   Commercial extractive uses, and storage and stockpiling yards may be permitted as an interim use.

         (b)   Structures accessory to uses detailed in divisions (E)(1)(a) and (E)(3)(a) may be permitted as a conditional use.

      (4)   Standards for conditional and interim uses in floodway. In addition to the applicable standards detailed in divisions (D), (E)(2) and (K)(2):

         (a)   Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the county.

         (b)   Accessory structures. Structures accessory to the uses detailed in divisions (E)(1)(a) and (E)(3)(a) must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in division (F)(2)(c) of this section.

   (F)   Flood Fringe District.

      (1)   Permitted uses in flood fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in division (F)(2).

      (2)   Standards for permitted uses in flood fringe. In addition to the applicable standards detailed in division (D):

         (a)   Residential structures.

            1.    Elevation on fill. Structures erected, constructe d, reconstruc ted, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in § 155.003(B), is elevated at or above the regulatory flood protection elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a conditional use permit, as provided in division (F)(3)(a) of this section (Figure 1). Construction of this type shall only be permitted in locations where the natural ground is no lower than three feet below the base flood elevation.

         (b)   Nonresidential principal structures. Nonresidential principal structures must meet one of the following construction methods:

            1.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (F)(2)(a) of this section. Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the structure.

            2.   Alternative elevation methods. Structures may be elevated using methods alternative to the fill standards in division (F)(2)(a) of this section. Such methods include the use of blocks, pilings (Figure 2), filled stem walls (Figure 3), or internally-flooded enclosed areas (Figure 4), such as crawl spaces, attached garages, or tuck under garages.

            3.    Designs accommodating for internally flooded enclosed areas must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:

               a.   The lowest floor, as defined in § 155.003(B), shall be elevated at or above the regulatory flood protection elevation (RFPE).

               b.   The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.

               c.   To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

               d.   Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed. Such areas shall be subject to a deed-restricted non-conversion agreement as well as periodic inspections with the issuance of any permit.

            4.   Dry floodproofing. Structures having watertight enclosed basements or spaces below the regulatory flood protection elevation (RFPE) must meet the following standards:

               a.   Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the regulatory flood protection elevation (RFPE);

               b.   Must meet the standards of FEMA Technical Bulletin 3, as amended; and

               c.   A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this section.

         (c)   Accessory structures. All accessory structures must meet the following standards:

            1.   Structures shall not be designed or used for human habitation.

            2.   Structures will have a low flood damage potential.

            3.   Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, may be located at an elevation below the regulatory flood protection elevation.

            4.   Structures with two or more rigid walls, must meet one of the following construction methods:

               a.   Wet floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. Such structures shall constitute a minimal investment not to exceed 576 square feet in size, one-story in height, and shall only be used for parking and storage. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding and shall allow automatic entry and exit of floodwaters without human intervention.

               b.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (F)(2)(a) of this section. Fill is not required to be extended 15 feet beyond the outside limits of the structure.

               c.   Alternative elevation methods. Structures may have their lowest floor elevated above the regulatory flood protection elevation (RFPE) through methods alternative to the fill standards in division (F)(2)(c)4.b., and must meet the standards in division (F)(2)(b)2. of this section.

               d.   Dry floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in division (F)(2)(b)4. of this section.

         (d)   All new principal structures must provide vehicular access no lower than one foot below the base flood elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the county.

         (e)   Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the county that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

         (f)   Manufactured homes and recreational vehicles must meet the standards of division (J) of this section.

      (3)   Conditional and interim uses in flood fringe. The following uses and activities may be permitted as conditional or interim uses, subject to the standards in division (F)(4):

         (a)   Alternative elevation methods - residential structures. Residential structures with their lowest floor elevated above the regulatory flood protection elevation (RFPE) using methods alternative to the fill requirements in division (F)(2)(a) shall require a conditional use permit.

         (b)   Those uses or structures listed as conditional or interim uses in the underlying zoning district.

      (4)   Standards for conditional and interim uses in flood fringe. In addition to the applicable standards detailed in divisions (D), (F)(2) and (K)(2): All residential structures with lowest floors elevated through alternative elevation methods must meet the standards in division (F)(2)(b)2. of this section.

   (G)   General Floodplain District.

      (1)   Permitted uses in General Floodplain District.

         (a)   Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, division (E).

         (b)   All other uses are subject to a floodway/flood fringe determination as provided in division (G)(4), in addition to the standards provided in divisions (G)(2) and (G)(3). Permitted uses shall be determined as follows:

            1.   If the development is determined to be in the Floodway District, division (E) applies.

            2.   If the development is determined to be in the Flood Fringe District, division (F) applies.

      (2)   Determining flood elevations.

         (a)   All development requires a determination of the base flood elevation (BFE). Exceptions to this requirement include projects that restore the site to the previous cross- sectional area, such as shore stabilization or culvert replacement projects. Base flood elevations (BFE) may be found using best available data from any federal, state, or other source (including MNDNR's Lake & Flood Elevations Online (LFEO) Viewer).

         (b)   The regulatory flood protection elevation (RFPE) can be determined by assuming a one-half foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not affected by velocities.

      (3)   Encroachment analysis.

         (a)   Encroachments due to development may not allow stage increases more than one-half foot at any point, unless through a map revision following the procedures in divisions (K)(1)(e) and (N). This evaluation must include the cumulative effects of previous encroachments and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than one-half foot is required if, due to the water surface level increase, increased flood damages would potentially result.

         (b)   Alterations or changes that result in stage decreases are allowed and encouraged.

      (4)   Standards for the analysis of floodway boundaries.

         (a)   Requirements for detailed studies. Any development, as requested by the Zoning Administrator, shall be subject to a detailed study to determine the regulatory flood protection elevation (RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minn. Rules, part 6120.5600, subpart 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:

            1.   A regulatory floodway necessary to carry the discharge of the 1% annual chance flood must be selected without increasing the water surface elevation more than one-half foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half foot is required if, due to the water surface level increase, increased flood damages would potentially result; and

            2.   An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modified approach, as approved by the Department of Natural Resources.

         (b)   Other acceptable methods. For areas where a detailed study is not available or required:

            1.   Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries.

            2.   For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the following methodology may be used as an alternative to division (G)(4)(b)1. above, provided these areas are not affected by velocities and the lot is able to accommodate a building site above the regulatory flood protection elevation (RFPE): All areas that are at or below the ordinary high-water level, as defined in M.S. § 103G.005, subd. 14, as amended from time to time, will be considered floodway, and all areas below the base flood elevation (BFE) but above the ordinary high-water level will be considered flood fringe, provided that within 25 feet of the ordinary high-water level, or within the shore impact zone as identified in the community's shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:

               a.   The minimum required to accommodate beach areas, access areas, and accessory structures as permitted, not to exceed a volume greater than ten cubic yards; projects involving volumes exceeding ten cubic yards require floodway/flood fringe determination in accordance with the procedures in division (G)(4)(b)1.; and

               b.   The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as verified by a qualified resource agency or the Zoning Administrator.

   (H)   Subdivision standards. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section.

      (1)   All lots within floodplain districts must be suitable for a building site outside of the Floodway District.

      (2)   Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the county.

      (3)   All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the county.

      (4)   The Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.

   (I)   Public and private utilities, service facilities, roads, bridges, and railroads.

      (1)   Public transportation facilities. Railroad tracks, roads, and bridges must be elevated to the regulatory flood protection elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. All public transportation facilities should be designed to minimize increases in flood elevations.

      (2)   Public utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the regulatory flood protection elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minn. Rules, part 7035.0300, are prohibited in the 1% annual chance floodplain. Water supply systems are subject to the provisions in Minn. Rules, part 4725.4350.

      (3)   Private on-site water supply, individual sewage treatment systems, and other service facilities. Private facilities shall be subject to applicable provisions detailed in division (I)(2). In addition, new or replacement on-site sewage treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minn. Rules, part 7080.2270.

   (J)   Manufactured homes and recreational vehicles.

      (1)   Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:

         (a)   New and replacement manufactured homes must be placed and elevated in compliance with division (F) of this section and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

         (b)   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in division (H) of this section.

      (2)   Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational

vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:

         (a)   Meet the requirements for manufactured homes in division (J)(1); or

         (b)   Be travel ready, meeting the following criteria:

            1.   The vehicle must be fully licensed.

            2.   The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick-disconnect type utilities.

            3.   No permanent structural type additions may be attached to the vehicle.

            4.   Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in divisions (D) and (F)(2)(c).

   (K)   Administration.

      (1)   Duties. A Zoning Administrator or other official must administer and enforce this section.

         (a)   Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:

            1.   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

            2.   Location and detail of grading, fill, or storage of materials.

            3.   Copies of any required local, state or federal permits or approvals.

            4.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

         (b)   Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:

            1.   All certifications for dry floodproofing and alternative elevation methods, where applicable.

            2.   Analysis of no-rise in the Floodway District, as detailed in division (E)(2)(a), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in divisions (G)(2)(b) and (G)(3)(a).

            3.   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

            4.   Substantial damage and substantial improvement determinations, as detailed in division (L)(1)(c), including the cost of improvements, repairs, and market value.

            5.   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

         (c)   Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this section.

         (d)   Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters in accordance with M.S. § 103G.245, as amended from time to time, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.

         (e)   Notification to FEMA - when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the county must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than one-half feet.

      (2)   Conditional uses, interim uses and variances.

         (a)   Process.

            1.   An application for a conditional or interim use permit within the floodplain will be processed and reviewed in accordance with the provisions of this section.

            2.   An application for a variance to the provisions of this section will be processed and reviewed in accordance with M.S. § 394.27, subd. 7, as may be amended from time to time, and this section.

         (b)   Additional variance criteria. The following additional variance criteria must be satisfied:

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

            2.   Variances from the provisions of this section may only be issued by a community upon:

               a.   A showing of good and sufficient cause;

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

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

            3.   Variances from the provisions in this section may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

            4.   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

            5.   Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the regulatory flood protection elevation (RFPE).

            6.   The Zoning Administrator must notify the applicant for a variance in writing that:

               a.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

               b.   Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.

         (c)   Considerations for approval. The county must consider all relevant factors specified in other sections of this section in granting variances, conditional, and interim use permits, including the following:

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

            2.   The danger that materials may be swept onto other lands or downstream to the injury of others.

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

         (d)   Conditions of approval. The county may attach such conditions to the granting of variances, conditional, and interim use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

            1.   Limitations on period of use, occupancy, and operation.

            2.   Imposition of operational controls, sureties, and deed restrictions.

            3.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

            4.   Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission, and Board of Adjustment.

      (3)   Notifications to the Department of Natural Resources.

         (a)   All notices of public hearings to consider variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or the respective area hydrologist at least ten days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

         (b)   A copy of all decisions granting variances and conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or respective area hydrologist within ten days of final action.

   (L)   Nonconformities.

      (1)   Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:

         (a)   Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in division (G)(3), or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.

         (b)   Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this section, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the regulatory flood protection elevation (RFPE).

         (c)   If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in division (L)(2), it may not be reconstructed except in conformity with the provisions of this section. Any structures located outside the 1% annual chance floodplain are exempt from this provision.

         (d)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section.

         (e)   If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in division (D)(3)(a)4. to the greatest extent practicable. This requirement shall apply regardless of the determinations made in division (L)(2).

      (2)   Substantial improvement and substantial damage determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:

         (a)   Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.

         (b)   Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the Zoning Administrator to evaluate costs.

            1.   Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.

            2.   Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre- damaged condition.

         (c)   Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in division (B) of this section.

            1.   For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted floodplain standards impacting this structure.

            2.   If any nonconforming structure experiences a repetitive loss, as defined in division (B) of this section, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this section.

         (d)   Based on this determination, the Zoning Administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this section.

   (M)   Violations and penalties.

      (1)   Uses in violation of the section. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this section shall be considered a public nuisance.

      (2)   Civil remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the county or the Department of Natural Resources.

      (3)   Enforcement. Violations of the provisions of this section constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance. The county must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

   (N)   Amendments.

      (1)   Ordinance amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in division (C)(2) of this section.

      (2)   Required approval. All amendments to this section must be submitted to the Department of Natural Resources for review and approval prior to adoption, for compliance with state and federal

rules and requirements. The floodplain ordinance shall not be considered valid until approved.

(Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023; Ord. 24-4, passed 6-4-2024)

§ 155.057 SHORELAND ZONING REGULATIONS.

   (A)   Purpose. The major purpose of the shoreland regulations is to control the density and location of developments in the shorelands of the public waters of the county in order to preserve the water quality and the natural characteristics of the shorelands and public waters in the county. These regulations conform to the standards and requirements of the state’s Shoreland Management Act.

   (B)   Classification system. Waterbodies in the county have been divided into lake and river classifications in accord with the state’s DNR shoreland management standards. The three categories of lakes are natural environment, recreational development, and general development. General development and recreational development lakes are larger in size and potentially more suitable for development and recreation purposes and can thus support a higher density of residential development on the shoreland. Natural environment lakes are smaller, often marshy in character, and require stricter shoreland standards to protect the quality of the lake resource. The three categories of rivers used in the county are transition, agriculture and tributary. Transition river areas have a mixture of land uses and development densities. Agriculture rivers are located in intensively cultivated areas and have potential for additional development, however, water quality constraints and competing land uses, particularly agriculture, will inhibit expansions. Tributary rivers also have a wide variety of existing land uses. There is potential for additional development and recreational use, particularly those located near roads and cities. For a more thorough review of the classification system, reference is made to the state’s DNR statewide standards.

   (C)   Lakes classifications.

      (1)   The shorelands zoning regulations of the county will apply to all lakes classified as either natural environment (NE), recreational development (RD) or general development (GD) by the Department of Natural Resources (DNR).

      (2)   The following lakes as mapped on the protected waters and wetlands map, 1984, by the Department of Natural Resources, incorporated herein by reference, are included under the Shoreland Zoning District:

Lake ID #	Lake Name	Classification
100128	Swan	NE
430020	Coon	NE
470001	Maple	NE
470002	Francis	GD
730014	Marie	RD
860001	Foster	NE
860002	Rice	NE
860008	Unnamed	NE
860009	Martha	GD
860010	Wagner	NE
860011	Charlotte	GD
860015	School	NE
860016	Unnamed	NE
860017	Uhl	NE
860018	Unnamed	NE
860019	Gonz	NE
860020	Wilhelm	RD
860021	Mud	NE
860022	Steele	NE
860023	Beebe	RD
860024	Unnamed Wetland	NE
860025	School	NE
860026	Mud	NE
860027	Unnamed	NE
860028	Moore	NE
860029	Schmidts	NE
860031	Pelican	NE
860032	Rice	NE
860033	Unnamed	NE
860034	Cedar	NE
860035	Unnamed	NE
860036	Unnamed	NE
860038	Mud	NE
860039	Unnamed	NE
860041	Dean	RD
860042	Unnamed	NE
860043	Unnamed (Aka Rooney)	NE
860044	Mud	NE
860046	Crawford	RD
860047	Unnamed	NE
860048	Cook	NE
860049	Mary	NE
860050	Wrens Slough	NE
860051	Constance	RD
860053	Pulaski	GD
860056	Washington	NE
860061	Schmidt	NE
860062	Unnamed	NE
860063	Green Mountain	NE
860064	Gilchrist	NE
860065	Unnamed	NE
860066	Birch	RD
860068	Mud	NE
860069	Long	NE
860070	Bertram	NE
860071	East Twin	NE
860072	North	NE
860073	Cedar	RD
860075	Unnamed	NE
860078	Slough	NE
860082	Paradise	NE
860084	Unnamed	NE
860085	Mud	NE
860086	Fountain	NE
860087	Faust Slough	NE
860088	Mink	RD
860089	Tamarack	NE
860090	Buffalo	GD
860091	Varner	RD
860092	Little Ida	NE
860093	Slough	NE
860094	West Twin	NE
860095	Black	NE
860096	Black	NE
860097	Carrigan	NE
860098	Unnamed	NE
860099	Ruckles	NE
860100	Lauzers	NE
860101	Dog	NE
860102	Pooles	NE
860103	Ida	NE
860105	Unnamed	NE
860106	Little Waverly	RD
860107	Deer	RD
860108	Goose	NE
860109	Fadden	NE
860110	Unnamed	NE
860111	Unnamed	NE
860112	Malardi	NE
860114	Waverly	GD
860116	Birch	NE
860119	Sullivan	RD
860120	Ramsey	RD
860122	Light Foot	RD
860123	North Twin	NE
860124	Unnamed	NE
860125	Mary	NE
860126	South Twin	NE
860127	Albert	NE
860128	Unnamed	NE
860129	Unnamed	NE
860131	Berthiaume	NE
860132	Abbie	NE
860133	Angus	NE
860134	Maple	GD
860136	Unnamed	NE
860137	Maria	NE
860139	Little Mary	NE
860140	Silver	RD
860142	Slough	NE
860146	Ida	GD
860147	Little Eagle	RD
860148	Eagle	GD
860152	Millstone	NE
860153	Unnamed	NE
860154	Unnamed	NE
860156	Mary	RD
860157	Unnamed	NE
860158	Unnamed	NE
860159	Unnamed	NE
860161	West	NE
860163	Limestone	RD
860164	Rice	NE
860165	Unnamed	NE
860168	Locke	GD
860170	Twin	NE
860171	Ember	NE
860172	Unnamed	NE
860174	North	NE
860176	Melrose	NE
860177	Yaeger	NE
860178	Dog	RD
860179	Mains	NE
860180	School Section	NE
860181	Little Rock	NE
860182	Rock	RD
860183	Fish	RD
860184	Dutch	RD
860185	Mud	NE
860187	Milky	NE
860188	Emma	RD
860190	Ann	RD
860191	Unnamed	NE
860192	Round	NE
860193	Mary	RD
860194	Long	NE
860196	Unnamed	NE
860197	Maple	NE
860198	Butler	NE
860199	Howard	GD
860200	Spring	NE
860202	Junkins	NE
860203	Unnamed	NE
860204	Taylor	NE
860206	Doerfler	NE
860208	Swart Watts	NE
860209	Willima	NE
860210	Henry	NE
860211	Edward	NE
860212	Albion	NE
860213	Henshaw	NE
860214	White	NE
860215	Slough	NE
860216	Abbey	NE
860217	Granite	RD
860218	Maxim	NE
860219	Mud	NE
860220	Unnamed	NE
860221	Camp	RD
860222	Unnamed	NE
860223	Indian	RD
860224	Sandy	NE
860225	Unnamed	NE
860227	Cedar	GD
860229	Mink	RD
860230	Somers	RD
860233	Sugar	GD
860234	Bass	GD
860238	Nixon	NE
860239	Sheldon	NE
860241	Cornell	NE
860242	Wiegand	NE
860243	Grass	NE
860244	Unnamed	NE
860245	Unnamed	NE
860246	Long	NE
860250	Smith	NE
860251	Pleasant	GD
860252	Clearwater	GD
860253	Butternut	NE
860254	Unnamed	NE
860255	Shakopee	NE
860256	Chelgren	NE
860257	Grass	NE
860258	Unnamed	NE
860259	Unnamed	NE
860261	Unnamed	NE
860263	Cokato	RD
860264	Brooks	RD
860265	Dahlgren Slough	NE
860266	Skifstrom	NE
860268	Unnamed	NE
860270	Unnamed	NE
860271	Moses	RD
860273	French	RD
860274	Dans	NE
860275	Unnamed	NE
860277	Unnamed	NE
860278	Goose	NE
860279	West Sylvia	GD
860280	Pickerel	NE
860281	Caroline	RD
860282	Louisa	GD
860284	Augusta	RD
860285	Unnamed	NE
860286	Little John	NE
860288	John	RD
860289	East Sylvia	GD
860290	Unnamed	NE
860292	Unnamed	NE
860293	Collinwood	RD
860295	Swan	NE
860296	Beaver Dam	NE
860297	Scott	NE
860298	Union	RD
860301	Unnamed	NE

 

   (D)   River and stream classifications.

      (1)   The shorelands zoning regulations of the county will apply to all rivers as follows (except the Mississippi River which is zoned wild and scenic):

 

River	Classification
Clearwater River	Agriculture
Crow River (main stem)	Agriculture
North Fork of the Crow River	Transition
South Fork of the Crow River	Agriculture

 

      (2)   All other water courses shown on the protected waters inventory map of the county which are not classified above are assigned a classification of tributary.

   (E)   Shoreland performance standards.

      (1)   General performance standard for lakes.

         (a)   Performance standards in shoreland areas are additional to standards of the primary zoning district. In case of a conflict, the stricter standard shall apply as well as any additional requirements if floodplain elevations have been established.

         (b)   The minimum lot size of the underlying zoning district applies only where soil percolation tests indicate the lot is sufficiently large to provide for the drainfield and septic tank setbacks required by this chapter.

            1.   General development minimum standards.

 

Elevation of lowest floor above highest known water level	4 ft.
Height	2-1/2 stories (35 ft.)
Structure setback from bluff	30 ft.
Structure setback from NOHW	75 ft.
Water oriented accessory structure setback from NOHW	10 ft.
NOTES TO TABLE: The lot width may be reduced to 100 feet if public sewage treatment facilities are provided.

 

            2.   Recreational development standards.

 

Elevation of lowest floor above highest known water level	4 ft.
Height	2-1/2 stories (35 ft.)
Structure setback from bluff	30 ft.
Structure setback from NOHW	100 ft.
Water oriented accessory structure setback from NOHW	10 ft.
NOTES TO TABLE: The lot width may be reduced to 100 feet if public sewage treatment facilities are provided.

 

            3.   Natural environment standards.

Elevation of lowest floor above highest known water level	4 ft.
Height	2-1/2 stories (35 ft.)
Lot depth	200 ft.
Lot size	2 acres
Lot width	200 ft.
Side yard setback	20 ft.
Structure setback from bluff	30 ft.
Structure setback from NOHW	200 ft.
NOTES TO TABLE: **Water oriented accessory structures are not permitted on natural environment lakes.

 

      (2)   General performance standards for rivers. Performance standards in shoreland areas are additional to standards of the primary zoning district. In case of a conflict, the stricter standard shall apply as well as any additional requirements if floodplain elevations have been established.

         (a)   Transition standards.

Elevation of lowest floor above highest known water level	4 ft.
Height	2-1/2 stories (35 ft.)
Lot depth	200 ft.
Lot size	2 acres
Lot width	250 ft.
Side yard setback	20 ft.
Structure setback from bluff	30 ft.
Structure setback from NOHW	200 ft.
NOTES TO TABLE: ** Water oriented accessory structures are not permitted on transition rivers.

 

         (b)   Agriculture and tributary standards.

 

Elevation of lowest floor above highest known water level	4 ft.
Height	2-1/2 stories (35 ft.)
Lot width	150 ft.
Structure setback from bluff	30 ft.
Structure setback from NOHW	100 ft.
Water oriented accessory structures setback from NOHW	10 ft.

 

      (3)   Design criteria for certain structures.

         (a)   Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

            1.   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties and planned unit developments;

            2.   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties and planned unit developments;

            3.   Canopies or roofs are not allowed on stairways, lifts or landings;

            4.   Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground; provided, they are designed and built in a manner that ensures control of soil erosion;

            5.   Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

            6.    Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (E)(3)(a)1. through (E)(3)(a)5 are complied with.

         (b)   Decks. Decks must meet the structure setback standards. Decks that do not meet the structure setback requirements from public waters may be allowed without a variance to be added to structures existing on the date the shoreland structure setbacks were established by ordinance, if all of the following criteria and standards are met:

            1.   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

            2.   The deck encroachment toward the ordinary high water level does not exceed 15% of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet or does not encroach closer than the existing legally placed structures on adjacent property, whichever is more restrictive; and

            3.   The deck is constructed primarily of wood and is not roofed or screened.

         (c)   Water-oriented accessory structures and facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by water classification, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met:

            1.   The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;

            2.   The setback of the structure or facility from the ordinary high water level must be at least ten feet;

            3.   The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color or other means assuming summer, leaf-on conditions;

            4.   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;

            5.   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and

            6.   For general development water bodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

      (4)   Agriculture use standards.

         (a)   The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

         (b)   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are allowed if permitted uses, if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency.

         (c)   Animal feedlots as defined by the state’s Pollution Control Agency, where allowed by zoning district designations, must be reviewed as conditional uses and must meet the following standards:

            1.   New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins;

            2.   Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones; and

            3.   A certificate of compliance, interim permit or animal feedlot permit, when required by state’s PCA regulations must be obtained by the owner or operator.

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

      (5)   Land suitability. Each lot created through subdivision must be suitable for development in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites or any other feature of the natural land likely to be harmful to the health safety, or welfare of future residents of the proposed divisions or of the community.

   (F)   Special Protection Shorelands District (S-1).

      (1)   Purpose.

         (a)   The intent of the S-1 Special Protection Shoreland District is to guide the wise development and utilization of shorelands of public waters for the preservation of water quality and natural characteristics of all public waters in the unincorporated areas of the county and to manage areas unsuitable for development due to wet soils, steep slopes or larger areas of exposed bedrock; and to manage areas of unique natural and biological characteristics in accordance with compatible uses.

         (b)   The S-1 Special Protection Shoreland District shall be an overlay district. Standards in the S-1 District shall apply in addition to those in the underlying district. In the case of a conflict, the stricter standard shall apply. Only the AG Zoning District will be allowed as underlying district with the S-1 District.

         (c)   On the following lakes all shoreland area surrounding the lake is designated as S-1. The county will conduct further studies, as resources become available, to determine the need to refine and extend the S-1 District to other areas.

 

Lake	ID
Beaver Dam	860296
Malardi	860112
Pelican	860031
Rice	860002

 

      (2)   Permitted uses. Permitted uses shall be those listed as permitted in the underlying zoning district; except that, no wetlands shall be drained to facilitate cultivation of shoreland areas within specified distances of lakes or streams depending upon topography.

      (3)   Accessory uses. Accessory uses customarily incident to the permitted uses.

      (4)   Conditional and interim uses. Conditional and interim uses in the underlying zoning district shall not be allowed in the S-1 District. Only those conditional or interim uses listed below may be allowed:

         (a)   Conditional uses.

            1.   All approved aerial or underground utility line crossings such as electrical, telephone, telegraph or gas lines which cannot be reasonably located in other than a special protection district;

            2.   Non-residential structures used solely in conjunction with raising wild animals or fish; provided, the structures are of a design approved by the Planning Commission as being compatible with other general allowable uses of the district;

            3.   New agricultural feedlots; and

            4.   Development of parks and historic sites;

         (b)   Interim uses.

            1.   Mining, sand and gravel extraction; and

            2.   Other uses of the same general character as permitted uses; provided, they comply with the statewide standards for management of shoreland areas.

      (5)   General regulations. Requirements for signs, parking, sewage disposal and the like are set forth in §§ 155.075 through 155.108 of this chapter.

   (G)   Residential-Recreational Shorelands District (S-2).

      (1)   Purpose. The intent of the S-2 Residential-Recreational Shorelands District is to preserve areas which have natural characteristics suitable for both passive and active recreational usage and to manage areas suitable for residential development of varying types including permanent and seasonal housing. The S-2 Residential-Recreational Shorelands District shall be an overlay district. Standards in the S-2 District shall apply in addition to those in the underlying district. In the case of a conflict, the stricter standard shall apply. Only the AG, A/R, R-1, R-2 and R-2(a) Districts may be allowed as underlying districts with the S-2 District.

      (2)   Permitted uses. Permitted uses shall be those listed as permitted in the underlying zoning district.

      (3)   Accessory uses.

         (a)   Private garages;

         (b)   One water oriented accessory structure per lot;

         (c)   Park structures including shelter, toilets, storage buildings, garages, observation towers and caretakers living quarters; and

         (d)   Signs, as regulated in § 155.097 of this chapter.

      (4)   Interim uses. In addition to the interim uses listed below, those conditional and interim uses listed in the underlying zoning district may be considered in the S-2 District. However, the Planning Commission shall give special consideration to conditional and interim use permits in shoreland areas, in addition to the review specified in § 155.029 and § 155.031 of this chapter. The Planning Commission may deny a conditional or interim use permit in the shoreland district if the Commission finds that the use could have a detrimental effect on the lake or stream or that the proposed use is not suited to a shoreland area.

         (a)   Golf clubhouses, country club, public swimming pool, private swimming pools serving more than one family;

         (b)   Riding academies, stables;

         (c)   Organized group camps; and

         (d)   Home occupations.

      (5)   General regulations. Requirements for signs, parking, sewage disposal and the like shall be set forth in §§ 155.075 through 155.108 of this chapter.

   (H)   Commercial-Recreational Shoreland District (S-3).

      (1)   Purpose. The intent of the S-3 Commercial-Recreational Shorelands District is to provide suitable locations for, and to encourage the development of, commercial recreation facilities in those areas of the county which benefit the recreational needs of both residents and tourists and restrict incompatible commercial and industrial uses. S-3 Commercial-Recreational Shoreland District shall not be an overlay district, but shall be an exclusive district when used. It shall be the only district where commercial uses are allowed in the shoreland areas. Such uses shall be limited to those listed below. Performance standards shall be those listed in division (D) above and as otherwise applicable in this chapter. If any standards contained with Minn. Rules, parts 6120.2500 or 6120.3800 are more restrictive than this chapter the stricter standards shall apply.

      (2)   Permitted uses. None.

      (3)   Interim uses.

         (a)   Resort facilities to include lodges, guest houses and cabins;

         (b)   Taverns where the main function is servicing a resort or recreational development;

         (c)   Restaurants where the main function is servicing a resort or recreational development;

         (d)   Golf courses and clubhouses;

         (e)   Indoor theaters;

         (f)   Sporting goods, establishments, outfitters and suppliers, bait shops and rental goods establishments;

         (g)   Ski areas and lodges;

         (h)   Single-family detached dwellings for personnel directly connected with the operating of resort or recreation facilities only, as regulated in S-2 Residential-Recreational Shorelands District;

         (i)   Motels and auto courts;

         (j)   Yacht slips, service and storage marinas, harbor and docking facilities subject also to all approved regulations and ordinances of governmental agencies for the same;

         (k)   Recreational trailer parks and commercial camping facilities for short duration uses, subject to all requirements of this division (H);

         (l)   Nature trails, snowmobile trails, ski trails and similar facilities;

         (m)   Other commercial and industrial uses included in the B-1, B-2 or I-1 Districts, only if the use is to utilize an existing building located in the shoreland area which is not suited to being used as an otherwise permitted, interim or conditional use. The Planning Commission must determine that the proposed use will not have an adverse impact on the lake or stream involved;

         (n)   Solar energy farms;

         (o)   Solar energy systems over ten kilowatts up to 100 kilowatts.

      (4)   Accessory uses to allowed interim or conditional uses.

         (a)   Swimming pools, saunas, outdoor recreational equipment and structures;

         (b)   Boathouses, docks and piers; and

         (c)   Storage garages.

      (5)   Special district provisions.

         (a)   Any principal structure hereafter erected, constructed, altered, moved or substantially renovated in any manner which includes in its function the providing of services, entertainment or lodging for residents or tourists shall be equipped with indoor toilet and running water (hot and cold) facilities, and adequate heating system based on floor area and occupancy criteria, and the facilities for maintaining access routes where operated on a year-round basis. It shall be the responsibility of the Zoning Administrator to evaluate or have evaluated the adequacy of utilities using standards established by the Board of County Commissioners and the state’s Department of Public Health.

         (b)   Standards for commercial, industrial, public and semi-public uses.

            1.   Surface water-oriented commercial uses and industrial, public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards.

               a.   In addition to meeting impervious coverage limits, setbacks and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

               b.   Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

               c.   Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.

                  i.   No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.

                  ii.   Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

                  iii.   Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

            2.   Uses without water-oriented needs must be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

      (6)   Recreational campground provisions. Recreational campgrounds must meet the following requirements as well as any additional requirements set forth in the statewide standards for the management of shoreland areas.

         (a)   Definition. A RECREATIONAL CAMP shall constitute any area used on a daily, nightly or weekly basis for the accommodation of three or more occupied tents or travel trailers whether privately or publicly owned; and whether use of such accommodation is granted free of charge or for compensation.

         (b)   Licensing. Every person, organization or municipality establishing or having control of a recreational camping area shall obtain all necessary licenses and permits required by the state and the state’s Health Department.

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

         (d)   Recreational camping area location. No recreational camping area shall be located that the drainage from the park or camp area will endanger any water supply. No waste water from recreational camping vehicles shall be deposited on the surface of the ground.

         (e)   Recreational camping area spacing. A site size appropriate to meet all spacing requirements shall be provided for each recreational camping vehicle or tent in camping areas. The Planning Commission shall determine the location, density, and spacing of recreational camping vehicles, tents, primary and accessory structures whether permanent or temporary based upon water supply and waste disposal facilities, topography, drainage and other locational and natural characteristics of the site. Any accessory structure such as attached awnings, carports or individual storage facilities shall, for the purposes of the setbacks and separation requirements, be considered to be part of the recreational camping vehicle, tent or other structure.

         (f)   Density. At least 50% of the total project area must be preserved as open space as defined in the state standards for shoreland management areas.

         (g)   Water supply. Facilities for water supply and waste disposal must meet the minimum requirements of the state’s Health Department and any other state laws or regulations and the county standards for sewage treatment.

         (h)   Garbage and refuse disposal. All garbage and refuse shall be stored and disposed of in a manner that will not create or tend to create a nuisance, or provide a breeding place for flies. Garbage and refuse containers shall be constructed of non-absorbent materials with tight fitting lids. All containers shall be washed at least once each week and sprayed with effective insecticides. Garbage or refuse containers shall be supplied for each four camp sites, and shall be not more than 200 feet from the farthest site. Containers shall be emptied twice weekly or more often if required.

         (i)   Picnic areas. Picnic areas shall be provided with suitable toilets, or privies and refuse containers consistent with the usage demands. Such facilities shall be constructed in accordance with standards of the state’s Health Department.

         (j)   Swimming areas. Natural swimming areas shall be located only on lakes and streams which are relatively free from human, animal and industrial pollution, and where swimming will not endanger the quality of a domestic water supply. Swimming areas shall be located at least 75 feet (preferably 150 feet) from boat docks or boat landing slips and shall be roped off by floats and cables to designate the safe limits of the swimming areas. Artificial swimming and wading pools shall be constructed in accordance with standards of the state’s Health Department.

         (k)   Submission of plans.

            1.   No recreational vehicle camp shall be constructed nor shall any system of plumbing, sewage system, water supply or swimming pool for the vehicle camp be installed or altered until four plans drawn to scale have been submitted to and approved by the County Planning Commission and the state’s Health Department.

            2.   An applicant for a recreational vehicle camping area interim use permit shall submit a development plan for the proposed park, including the following:

               a.   The proposed site and existing development;

               b.   Proposed size, location and arrangement of buildings;

               c.   Parking areas and stall arrangements;

               d.   Entrance and exit drives;

               e.   Proposed sewer and water system; and

               f.   Recreation areas.

      (7)   General regulations. Requirements for signs, parking, sewage disposal and the like are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)