Blooming Township City Zoning Code

ARTICLE 4

GENERAL REGULATIONS

§ 4.01 GENERAL PROVISIONS.

(A) Intent. The purpose of this section is to provide regulations of general applicability for property in unincorporated areas of the county, to promote the orderly development of use of land, to protect the natural environment, minimize conflicts among land uses and protect the public health, safety and welfare. General regulations must be met before a land use permit is issued.

(B) Applicability. The regulations set forth in this article apply to all structures and all land uses, except as otherwise provided in this ordinance. The provisions of this article shall be applied to all zoning districts, and shall be in addition to the requirements in any specific zoning district. A permit shall not be issued unless provisions are made for meeting the applicable general regulations in this ordinance and other county ordinances.

(1) Zoning permits are required for the following:

(a) Any change in use;

(b) New, altered, moved or replaced structures;

(d) Shoreland alterations not exempted in § 6.22;

(e) Permits shall only be approved if they comply with this ordinance, where applicable; and

(f) Land alteration as defined in § 4.13.

(2) It shall also be the responsibility of the applicant to adhere to local, state and federal rules and to obtain all required permits.

(3) Refer to § 3.02(A)(2) for additional requirements on zoning permits.

(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

§ 4.02 GENERAL REGULATIONS FOR STRUCTURES.

(A) Number of principal structures permitted on a lot or parcel. No more than one principal structure may be placed on a residential lot or parcel. More than one industrial, commercial, multiple- dwelling or institutional building or use may be established upon a single lot or tract in a district allowing these uses, provided that the yards and open space required around the boundaries of the lot or tract shall be met.

(B) Human habitation of structures.

(1) No cellar, garage, tent, trailer, basement with unfinished structure above, or accessory building shall at anytime be used as a dwelling unit.

(2) The basement portion of a finished home may be used for normal eating, living, and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits, and is approved by the Zoning Administrator. A basement may be occupied with unfinished structure above during the time the owner or occupant is actively and regularly engaged in finishing the unfinished structure, but in no case longer than three years without a hearing before the Planning Commission and approval of a specified extension in time by the County Board. No residential accessory building shall be used for human habitation unless built and licensed as an accessory dwelling unit.

(C) Accessory structures. Accessory structures located in any residential or agricultural zoning district, shall meet the following requirements.

(1) Attached. Attached accessory buildings shall meet all the requirements of this ordinance which apply to the principal structure to which they are attached. An accessory building that is attached to the principal building shall be made structurally a part of the principal building and shall comply in all respects with the requirements of this ordinance applicable to the principal building.

(2) Detached. Detached accessory structures shall meet all of the following requirements.

(a) General.

1. Setback from principal building. A detached accessory building shall be located at least five feet from the principal building and shall meet all setback requirements of its zoning district.

2. The accessory structure shall only be erected in a rear yard, except that detached garages may be allowed in the front yard provided the detached garage maintains the front yard, side yard and corner side yard setbacks for the zoning district where the structure is located.

3. Detached accessory buildings located in any zoning district except residential or agricultural, shall meet all the requirements of this ordinance which apply to principal structures in such zoning district.

(b) Size limits. A detached accessory building which is accessory to a residential use shall be limited in size based on lot size and lot coverage.

(c) Lots of up to one acre. Not to exceed 1,500 square feet, provided that maximum impervious coverage requirements are met.

(d) Lots of more than one acre. Will be limited by maximum impervious coverage requirements. Impervious coverage includes the footprints of all principal and accessory buildings, paved areas and other impervious surfaces on the property.

(e) Height. The height of an accessory building shall not exceed the height of the principal building.

(f) Permit exception. Outside the Shoreland Overlay District, a zoning permit shall not be required for any accessory building of 100 square feet or less, but applicable setbacks shall be met.

(g) Use of building. Residential accessory buildings shall be used for storage of personal vehicles and other residential accessory uses. No commercial operation or commercial-related storage shall be allowed unless otherwise allowed with the operation of a home occupation.

(h) Prohibited within rights-of-way. Accessory structures, including gate houses and gates, shall be prohibited within any road right-of-way.

(D) Mobile structures. Mobile or movable structures shall not be used as an accessory structure.

(E) Satellite dishes. Satellite dishes not exceeding three feet in diameter may be allowed in the front yard in any zoning district. Satellite dishes larger than three feet in diameter shall be located in a side or rear yard and shall maintain required setbacks or be attached to the principal structure.

(F) Timing of construction. In any residential district, no accessory building shall be constructed or developed on a lot prior to the construction of the principal building. In situations where accessory structures are constructed prior to the principal structure, the accessory structure must meet the principal structure setback requirement in the underlying zoning district.

(G) Separation distance requirements for structures from feedlots. All structures shall comply with the required setbacks from feedlots found in § 6.06.

(Ord. 97, passed 7-21-2009; Ord. 147, passed 8-3-2021; Ord. 160, passed 2-4-2025)

§ 4.03 ACCESSORY DWELLING UNIT (ADU).

(A) Existing single-family unit required. The lot proposed for an ADU must already contain an existing single-family unit. A maximum of one ADU may be allowed per parcel. An ADU shall not be allowed where it is not permitted within the zoning district or where it may violate a subdivision’s private covenants or restrictions.

(B) Ownership. The owner of the property shall reside in either the accessory or the principal dwelling unit.

(C) Minimum lot size for detached ADUs. An ADU may be developed on a lot meeting the minimum size for single-family dwellings within the respective zoning district, except that a detached accessory unit may be developed only if the lot size is at least 150% of the minimum single-family lot size, provided that the individual sewage treatment system requirements of this ordinance can be met.

(D) Minimum dwelling size requirements. An ADU shall not exceed 40% of the living area of the principal dwelling unit. An ADU shall not be smaller than 300 square feet in area or larger than 800 square feet, nor shall it contain more than two bedrooms.

(1) An exception may be made for disabled persons of child-bearing age, allowing a maximum size of 1,000 square feet and up to three bedrooms without a variance.

(2) A garage or portion of a garage that is used for the storage of automobiles and personal items shall not be counted as part of the living area and shall not contain any habitable space. For an ADU located above a garage, only the habitable portion shall count towards size requirements.

(E) Facilities. An ADU shall not contain more than two bathrooms, one kitchen (with or without eating area), one utility room and one living room or combination living/dining room.

(F) Screening and orientation. The orientation of the proposed ADU shall, to the maximum extent practical, maintain the privacy of residents of adjoining dwellings, as determined by the presence or design of landscape screening, fencing and window and door placement.

(G) Location on lot. A detached ADU must be located in the side or rear yard of the principal dwelling and separated by at least 20 feet but not more than 150 feet from the principal dwelling. The ADU shall be separated by at least 20 feet from all other structures on the subject property.

(H) Setbacks. The ADU shall meet or exceed the front, side and rear yard setbacks for principal structures of the applicable zoning district.

(I) Driveway. A detached ADU shall be served by the same driveway that serves the principal single-family dwelling, except when the ADU is accessed more conveniently from a different road, street or alley (i.e., if located on a double frontage lot or close to a side street or alley).

(J) Parking area. Two parking spaces shall be required for each ADU.

(K) Further subdivision prohibited. A detached ADU shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit. The ADU shall not be sold, but may be rented.

(L) Deed restriction. Before securing approval for construction of an ADU, the owner of the property shall record against the deed, a deed restriction running in favor of the municipality limiting ownership of either the principal dwelling unit or the ADU to the owner of the property or to a common interest community.

(M) Maximum number of residents. The number of occupants of the ADU shall not exceed three, with the exception of persons with limited intellectual or physical abilities of child-bearing use. In this case, maximum occupants shall be five and shall be lineal family.

(N) Elimination/expiration. Elimination of an ADU may be accomplished by the owner recording a certificate with the County Recorder stating that the accessory dwelling no longer exists on the property.

(Ord. 97, passed 7-21-2009)

§ 4.04 MANUFACTURED HOMES.

(A) General requirements.

(1) All manufactured homes hereafter established shall be located in an approved manufactured home park except as provided in this ordinance.

(2) All manufactured homes hereafter established and which are located independently as provided in this ordinance shall conform to the density, area and setback requirements of the zoning district in which they are located.

(3) All manufactured homes, whether in a manufactured home park or located independently as provided in this ordinance, shall also meet the following requirements.

(a) If not secured to a permanent foundation, the area between the bottom of the manufactured home and the ground shall be skirted with a fireproof material harmonious with the appearance of the home and provide access for inspection and maintenance. Plywood, hardboard, cardboard or baled hay or straw shall be prohibited.

(b) Each manufactured home shall be adequately secured by utilization of tie downs or other acceptable measures.

(d) Storm entries and porches must be of durable materials harmonious in appearance with the mobile home.

(e) All manufactured homes shall be equipped with smoke and fire detectors, as approved by the State Fire Marshal or local fire officials.

(f) Each manufactured home shall be provided with approved sanitary and water facilities for occupants use 24 hours each day.

(B) Codes, permits and licenses.

(1) All manufactured homes shall be subject to and meet the construction, plumbing, electrical and mechanical standards as prescribed by the state, U.S. Department of Housing and Urban Development, and the American National Standards Institute identified as NFPA 501B and any revision thereto and shall be certified to these standards by a seal affixed to the manufactured home.

(2) It shall be unlawful for any person to construct or alter any structure associated with and including a manufactured home without first obtaining a valid zoning permit from the Zoning Administrator.

(3) All manufactured home parks and recreational camping areas hereafter established or expanded shall obtain a conditional use permit as regulated in the respective zoning district and shall meet the requirements of this section.

(4) It shall be unlawful for anyone to operate either a manufactured home park or a recreational camping area within the county unless they have obtained a valid license issued annually by the Le Sueur-Waseca Community Health Board as provided for in M.S. Chapter 327, as it may be amended from time to time.

(5) Whenever an individual wishes to relocate a manufactured home within the county, he or she shall be required to obtain a zoning permit for the new location and will be subject to the provisions of this ordinance.

(Ord. 97, passed 7-21-2009)

§ 4.05 TEMPORARY STRUCTURES.

(A) The following temporary structures shall be permitted in all zoning districts, except as otherwise specified below, provided such temporary use or structure shall comply with the regulations of the zoning district in which it is located and all other applicable regulations of this ordinance.

(B) Temporary structures shall meet the following general development standards.

(1) For construction work. Temporary structures or mobile homes, that are used solely for office or storage purposes in conjunction with construction work only, may be permitted in any zoning district during the period that the construction work is in progress, but such temporary structures shall be removed upon completion of the construction work.

(2) For sale of property. Temporary offices, both incidental and necessary for the sale or rental of real property within an approved residential subdivision or residential development in which such offices are located, may be permitted in any zoning district until such time as the real property has been sold or rented, provided the office is located within a model home.

(3) A temporary structure associated with an allowed temporary use. Any temporary structure associated with a temporary use allowed under § 6.02 need not comply with district yard requirements but shall be set back from all lot lines and otherwise be located on the property as may be required by the county to reduce any potential safety hazards to vehicles and pedestrian traffic on adjacent public ways, and to also reduce any adverse effects on adjacent properties. No permanent structures shall be erected except in conformance with the regulations of the zoning district within which the property is located.

(Ord. 97, passed 7-21-2009)

§ 4.06 TEMPORARY STORAGE OF EQUIPMENT.

(A) The Zoning Administrator may grant an interim use permit for temporary storage of equipment in any zoning district in conjunction with highway construction or a similar public purpose.

(B) Such operation may include a bituminous plant, ready mix plant, contractor’s yard and similar uses.

(1) The use shall comply with all applicable federal, state and county rules, regulations and ordinances.

(2) All equipment and temporary buildings shall meet the setbacks of the underlying zoning district.

(3) The interim use permit shall contain a commencement and a termination date and any other conditions deemed necessary and proper to protect the surrounding properties.

(4) Any excavation of materials shall meet the standards of § 5.04 (Stormwater Management and Sediment and Erosion Control), where applicable.

(Ord. 97, passed 7-21-2009)

§ 4.07 LOT AND YARD CONTROLS.

All lots, structures and uses shall conform to the lot and yard controls specified below.

(A) Area regulations. No lot shall be reduced in size below the minimum required for the proposed use in the zoning district where the lot is located.

(B) Measurement of lot width. Lot width for the purpose of complying with minimum lot width requirements shall be measured at the front building setback line.

(Ord. 97, passed 7-21-2009)

§ 4.08 HEIGHT REGULATIONS.

(A) Maximum height. Maximum height limitations found in § 6.03 must be adhered to for each zoning district, except for Federal Aeronautics Administration regulations and the structures and architectural ornaments listed in subsections (B) and (C) below.

(B) Maximum height may be exceeded. Height limitations set forth in this ordinance may be increased by 100% when applied to the following:

(1) Monument;

(2) Flag poles; and

(3) Cooling towers.

(C) Exceptions to height limitations. Height limitations do not apply to the following structures or architectural ornaments, and if these structures or architectural ornaments exceed the height limitation of the district in which it is located, a conditional use permit must be obtained after obtaining a letter of clearance from the Federal Aeronautics Administration and the Airport Commission for any airport located within ten miles of the structure proposed to exceed the height limitation:

(1) Church spires, belfries or domes which do not contain usable space;

(2) Water towers;

(3) Chimneys or smokestacks;

(4) Radio, communication or television transmitting towers;

(5) Grain elevators; and

(6) Wind turbines.

(Ord. 97, passed 7-21-2009)

§ 4.09 YARD REGULATIONS.

(A) Front yard requirements.

(1) In any zoning district, there shall be a minimum front yard required as stated in the yard requirements for that particular district.

(2) The minimum front yard depth as specified in any district shall be measured from the established property line or proposed right-of-way line of the street on which the lot fronts.

(B) Exceptions to front yard requirements.

(1) Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.

(a) Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.

(b) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.

(c) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing, no higher than three feet, six inches may be placed around such place.

(d) A ramp for access to the dwelling by handicapped individuals.

(2) When a parcel is accessed from a recorded easement over an adjacent parcel that exceeds the length of the front yard setback within the zoning district and when the parcel has no direct access to a public or private right-of-way, the required front yard setback may be adjusted to equal the rear yard setback required in the zoning district.

(C) Exceptions to side and rear yard requirements. The above-enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace or outside stairway shall project into the required side yard distance.

(D) Additional yard requirements.

(1) A wall, fence or hedge may occupy required front, side or rear yards when in compliance with height standards in § 4.10.

(2) On double frontage lots, the required front yard shall be provided on both streets.

(3) The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a road or public roadway by obscuring the view.

(4) The required front yard of a corner lot shall be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the shoulder road lines between the road intersection and a point 50 feet from the intersection, and the third side of which is the line between the latter two points.

(Ord. 97, passed 7-21-2009; Ord. 120, passed 10-7-2014)

§ 4.10 FENCES AND FREESTANDING WALLS.

On any parcel or lot, fences and freestanding walls are permitted accessory structures provided such fences and walls meet all of the requirements in the following list.

(A) Setback. Setback requirements shall not apply to fences and freestanding walls.

(B) Measurement. Height, for the purpose of meeting the requirements of this subsection (B), shall be measured from the ground surface to the highest point of the fence.

(1) The required front yard of a corner lot shall not contain any fence or wall which may cause danger to traffic on a road or public roadway by obscuring the view.

(2) The required front yard of a corner lot shall not be obstructed by a fence or wall above a height of three feet in a triangular area, two sides of which are the lines running along the shoulder road lines between the road intersection and a point 50 feet from the intersection, and the third side of which is the line between the latter two points.

(D) Specific height standards. Fences and freestanding walls shall conform to the following height limitations:

(1) In A-1 and LR Districts:

(a) Within a side or rear yard, eight feet in height at any point; and

(b) Within a front yard, four and one-half feet in height at any point.

(2) In the VMX and UE Districts:

(a) Within a side or rear yard, six feet in height at any point; and

(b) Within a front yard, four and one-half feet in height at any point.

(3) In the HC and I Districts: the height limitations shall be determined by the approved site plan and safety standards.

(E) Retaining walls.

(1) A zoning permit shall be required for retaining walls that are greater than six feet in height.

(2) Height of retaining walls for the purpose of meeting the requirements of this subsection (E) shall be measured from the lowest grade adjacent to any point of the wall.

(3) Retaining walls can include, but are not limited to, structures of timbers, boulders, concrete or stone blocks, or other materials.

(Ord. 97, passed 7-21-2009)

§ 4.11 OUTDOOR STORAGE.

In any residential district, all materials and equipment shall be stored within a building or structure or fully screened so as not to be visible from adjoining properties, except for the following:

(A) Usable laundry equipment;

(B) Recreational equipment;

(C) Construction and landscaping material currently being used on the premises provided it is kept in a neat and orderly manner and does not create a nuisance to adjoining property;

(D) Off-street parking of passenger vehicles and trucks; and

(E) Boats and house trailers if stored in the rear yard not less than ten feet from any property line.

(Ord. 97, passed 7-21-2009)

§ 4.12 SIGN REGULATIONS.

All signs hereafter erected or maintained, except government signs shall conform to the provisions of this ordinance.

(A) Purpose. The purpose of these sign regulations is to govern the use, approval, construction, change, replacement, location, and design of signs on territory subject to the county’s jurisdiction in order to promote health, safety, and welfare within the county. The sign regulations are meant to encourage the effective use of signs for communication; limit hazardous or distracting signs; ensure and improve pedestrian and traffic safety; protect, conserve, and enhance property values; and enhance and protect aesthetics and the county’s visual environment and local character. The sign regulations are not intended to and do not restrict, limit, or control the content or message of signs.

(B) General provisions. The following regulations shall apply to all signs hereinafter permitted in all Districts:

(1) Signs shall not be permitted within the public right-of-way or easements, except government signs.

(2) Flashing or rotating signs, which resemble emergency vehicles, shall not be permitted.

(3) No sign shall be erected or maintained that purports to be or resembles an official marker erected by a governmental agency or a government sign.

(4) No sign shall, because of position, shape, color, or design, interfere in any way with the proper function or purpose of a traffic sign or signal.

(5) No sign shall be erected or maintained which by its design, height, width, shape, or location obstructs or interferes with a driver’s view of approaching, merging, or intersecting traffic for a distance not to exceed 500 feet.

(6) No sign shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress, or egress for any building or structure.

(7) Signs shall be maintained in good condition. Signs that have become rotted, unsafe, unsightly, or unreadable shall be repaired or removed by the owner or lessee of the property upon which the sign stands with notice from the County Board.

(8) The owner, lessee, or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which a sign is located.

(9) Where a sign is illuminated, the source of light shall be external and not shine upon any part of a dwelling or into any residential district or any roadway.

(10) No sign shall be painted directly on the outside wall of a building, except in commercial or industrial districts, in which case such signs shall be governed by the square footage allowed in that district.

(11) Signs shall not be painted on fences, rocks, or similar structures or features, nor shall paper or similar signs be attached directly to a building wall by an adhesive or similar means.

(12) Symbols, statues, sculptures, and integrated architectural features on buildings may be illuminated by floodlights provided the source of light is not visible from a public right-of-way or adjacent property.

(13) Any sign greater than one-half square foot in surface area shall be set back at least ten feet from any property line or public right-of-way.

(14) No sign shall be permitted within ten feet of any road or highway right-of-way.

(15) No sign shall be permitted within 30 feet from either right-of-way where highways or roads intersect.

(16) The owner of any sign that is otherwise allowed may substitute non-commercial speech for any other commercial or non-commercial speech without any additional approval or permitting, notwithstanding any provision to the contrary.

(1) One temporary sign may be displayed on a parcel during the time the parcel is under construction or development, which shall not exceed 240 square feet of surface area and shall be located on the project site. Such sign must be removed no more than seven days after the completion of the construction or development.

(2) One temporary sign may be displayed on a parcel during the time the parcel is for sale or available for rent or lease, which shall not exceed 25 square feet per surface. Such sign must be removed no more than seven days following the sale or leasing of the parcel.

(3) One temporary sign may be displayed concurrent with a one-time or special event for a period of no more than 30 days. Such sign shall not exceed 25 square feet in surface area.

(4) Subject to M.S. § 211B.045, as it may be amended from time to time, or successor statute, signs containing non-commercial speech may be posted beginning 46 days before a primary election in a general election year until ten days following the general election.

(5) The owner or lessee of the property on which the temporary sign is displayed is responsible for removal of such sign.

(D) Off-site signs.

(1) Off-site signs may be erected in Highway Commercial and Industrial Zoning Districts only, except that off-site signs are prohibited in Shoreland Overlay and Flood Plain Overlay Districts. Off-site signs are prohibited in all other zoning districts.

(2) The maximum area of an off-site sign face, whether a single sign face or each face of two back-to-back or V-type signs shall not exceed 700 square feet including border and trim, but excluding base and apron supports and other structural members. Said maximum size limitation shall apply to each side of an off-site sign structure. Signs structures placed back-to-back or in a V-type construction, with no more than two displays, shall be considered one sign (see diagram 1 of Figure 4.1).

(3) Off-site signs shall not exceed 55 feet in total length and a maximum height of 35 feet above grade, with a minimum clearance height of 15 feet above grade (see diagram 1 of Figure 4.1). Off-site signs abutting an elevated state or federal highway may exceed the maximum height requirement, provided that the top of the sign shall not exceed 15 feet above the road grade elevation of such elevated four-lane highway directly adjacent to such property on which the sign is positioned.

(4) No off-site sign shall be erected within 1,000 feet of another off-site sign (see diagram 2 of Figure 4.1).

(5) No off-site sign shall be located closer than 450 feet from the intersection of any road or highway with another road, highway, or railroad; except that an off-site sign may be affixed to or located adjacent to a building at such intersection in such a manner as not to cause any greater obstruction of vision than that caused by the building itself (see diagram 2 of Figure 4.1).

(6) No off-site sign shall be permitted within ten feet, nor beyond 300 feet, of a road or highway right-of-way (see diagram 3 of Figure 4.1).

(7) No off-site sign shall be erected or maintained within 500 feet of a church, school, dwelling, historic site, public or rest area, and the boundary of a residential district or local, state or national park.

(8) No off-site sign shall project over a public right-of-way.

(9) No off-site sign shall be painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved.

Figure 4.1 Setback and Location Requirements for Off-Site Signs

(E) Signs on residential property. Signs on residential property in all zoning districts are subject to the following regulations:

(1) One nameplate sign for each dwelling shall be allowed. Such sign shall not exceed two square feet in area per surface and no such sign shall be so constructed as to have more than two surfaces.

(2) One nameplate sign for each dwelling group of six or more units shall be allowed. Such sign shall not exceed six square feet in area per surface and no such sign shall be so constructed as to have more than two surfaces.

(3) One on-site or nameplate sign shall be allowed for each residential subdivision. Such signs shall not exceed 12 square feet in area per surface and no sign shall have more than two surfaces.

(4) One nameplate sign for each home occupation allowed as a permitted or conditional use under the County Zoning Code shall be allowed. Such sign shall not exceed two square feet in area per surface and no such sign shall be so constructed as to have more than two surfaces.

(5) One on-site sign for each home occupation allowed as a permitted or conditional use under the County Zoning Code shall be allowed. Such signs shall not exceed 12 square feet in area per surface and no sign shall have more than two surfaces.

(6) No sign shall exceed ten feet in height above the average grade level.

(F) On-site signs on non-residential property in residential and mixed-use districts. Signs on non-residential property in Limited Residential (LR), Urban Expansion (UE), and Village Mixed Use (VMX) Districts are subject to the following regulations:

(1) One on-site sign, not exceeding 24 square feet in area, shall be allowed on per lot. Such signs may be illuminated, but not flashing.

(2) Additional on-signs may be allowed a lot with a conditional use permit, subject to the following standards:

(a) The total surface area of all on-site signs on a lot shall not exceed the sum of two square feet per lineal foot of lot frontage or 250 square feet in surface area, whichever is less. In the case of a lot having more than one frontage, the frontage designated by the mailing address shall be used.

(b) The total number of on-site signs on a lot shall not exceed four in number, of which not more than two shall be free standing.

(3) No sign shall project above the permitted building height for the zoning district in which it is located.

(G) On-site signs on non-residential property in Industrial, Commercial and Agricultural Zoning Districts. Signs on non-residential property in Agricultural Protection (A-1), Highway Commercial (HC) and General Industrial (I) Districts are subject to the following regulations:

(1) One on-site sign, not exceeding 200 square feet in the A-1 Agriculture Protection District and 250 square feet in Commercial and Industrial Districts, shall be allowed per lot. Such signs may be illuminated, but not flashing;

(2) Signs in the A-1 Agriculture Protection District over 200 square feet shall only be allowed by conditional use permit;

(3) The total surface area of on-site signs on a lot shall not exceed two times the lineal feet of frontage of the lot or 500 square feet in surface area, whichever is less. In the case of a lot having more than one frontage, the frontage designated by the mailing address shall be used.

(4) The total number of on-site signs on the zoning lot shall not exceed three in number and no more than two of those signs may be freestanding.

(5) No single sign shall exceed the size referenced in (1) and (2) above.

(6) No sign shall exceed 35 feet in height. No roof sign or sign attached to a building shall exceed a height of ten feet above the highest outside wall or parapet of any principal building.

(H) Licenses and permit fees.

(1) All signs erected, with the exception of nameplate and temporary signs, shall require a zoning permit. Application for such a permit shall be accompanied by all necessary information, as set forth on the application form available from the Zoning Administrator.

(2) All signs for which a permit is required shall be subject to inspection by the Zoning Administrator.

(3) The zoning permit fee shall be established by resolution of the County Board.

(4) Any official of the county may enter any property or premises to determine whether the provisions of this ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists.

(5) All signs not maintained and kept in good repair shall be subject to removal, at the owner’s cost, upon direction of the County Board.

(Ord. 97, passed 7-21-2009; Ord. 118, passed 8-19-2014; Ord. 129, passed 7-17-2018; Ord. 131, passed 7-2-2019; Ord. 160, passed 2-4-2025)

§ 4.13 EXTRACTION OF MATERIAL AND MINERALS, OPEN PITS AND IMPOUNDING OF WATERS.

(A) All excavations, extraction of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform with the provisions of this section.

(B) Conditional use permit. Excavations, extraction of materials and minerals, open pits and impoundment of water shall be permitted only upon the issuance of a conditional use permit.

(1) The applicant for the permit shall furnish such information as: true name and address, when required, approval by the state to impound waters, purpose of proposed activity, roads and highways to be used to haul material to or from the area of activity, and the estimated time when building or removing will begin and be completed.

(2) Exceptions:

(a) Excavations ancillary to other construction, of and installation erected or to be erected, built or placed thereon contemporaneously with or immediately following such excavation and covering or to cover such excavation when completed are excepted if a permit has been issued for such construction or installation;

(b) Excavations ancillary to construction of a state, federal, county or township road is exempted;

(d) Excavations for agricultural purposes are exempted;

(e) Wetland creation, restoration and/or construction shall be exempted if the proposal can satisfy all of the following criteria:

1. Wetland creation, restoration and/or construction shall be under the guidance of the County Soil and Water Conservation District using specifications and guidelines of the Natural Resource Conservation Service (NRCS);

2. Wetland creation, restoration and/or construction shall not be constructed closer than 75 feet to the boundary of any adjoining property or existing road easement; and

3. An approved land alteration permit shall be obtained from the Planning and Zoning Office prior to any excavation, alteration or impoundment.

(f) Wetland creation, restoration and/or construction that can not satisfy the above-listed exception criteria (subsections (B)(2)(e)1., (B)(2)(e)2. and (B)(2)(e)3. above) will be subject to:

1. Conditional use permit;

2. Any conditions set forth by the Board for the conditional use permit; and