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Byron Township City Zoning Code

ARTICLE 6

ZONING DISTRICT REGULATIONS

§ 6.01 DISTRICTS AND DISTRICT BOUNDARIES.

   (A)   Reclassification. The zoning districts established under the prior zoning ordinance shall be reclassified as shown in the reclassification list associated with the official zoning map.
   (B)   Establishment of districts and overlay zones. 
      (1)   Districts, overlay zones. In order to carry out the purpose and intent of this ordinance, the unincorporated territory of the county is hereby divided into the following zoning districts and overlay zones:
         (a)   A-1 Agricultural Protection District;
         (b)   LR Limited Residential District;
         (c)   UE Urban Expansion District;
         (d)   VMX Village Mixed Use District;
         (e)   HC Highway Commercial District;
         (f)   I General Industrial District;
         (g)   HO Highway 14 Overlay District;
         (h)   SO Shoreland Overlay District;
         (i)   FO Floodplain Overlay District;
         (j)   AO Airport Overlay District; and
         (k)   AIC Agricultural Interpretive Center District.
      (2)   Boundaries and official zoning map. The boundaries of zoning districts and overlay zones are hereby established as shown on the official zoning map of the unincorporated area of the county which maps and notations and references and other matters shown thereon, shall be and are hereby made a part of this ordinance.
   (C)   Electronic map. The official zoning map may be in hard copy or electronic format or both as specified by a resolution of the Board of Commissioners.
      (1)   Where filed. The official zoning map shall be filed in the office of the County Planning and Zoning Department.
      (2)   Official signature. The official zoning map shall be identified by the written or electronic signature of the Chairperson of the Board of Commissioners, and attested by the County Auditor under the following words: “This is to certify that this is the “official zoning map” referred to in § 6.01(C) of the county zoning ordinance, adopted on July 21, 2009.”
      (3)   Map amendments. If, in accordance with the rezoning and map amendment provisions of § 3.03, changes are made in the district boundaries, the ordinance number and date of the change shall be recorded by the Zoning Administrator on the official zoning map.
      (4)   Replacement if destroyed. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of use, the Board of Commissioners may by resolution adopt a new official zoning map that shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map; provided, however, that any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.
      (5)   Effect of vacated railroads, streets, roads, alleys and highways. Whenever any railroad, street, road, alley or highway right-of-way is vacated by official action as provided by law, the zoning districts adjoining the sides of such public way shall be automatically extended to the center of the rights-of-way, and the right-of-way thus vacated shall henceforth be subject to all regulations of the extended district or districts.
   (D)   Rules for interpretation of district boundaries. In cases where the exact location of the district boundary is not clear as shown on the official zoning map, the following rules shall be used in determining the location of the district boundary.
      (1)   Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
      (2)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
      (3)   Boundaries indicated as approximately following city limits shall be construed as following city limits.
      (4)   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
      (5)   Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. If the centerline changes, the boundary shall be construed as moving with the centerline changes.
      (6)   Boundaries indicated as parallel to or extensions of features indicated in subsections (D)(1) through (D)(5) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
      (7)   Where physical features existing on the ground differ from those shown on the official zoning map, or in other circumstances not covered by subsections (D)(1) through (D)(6) above, the Zoning Administrator shall interpret the district boundaries.
   (E)   New territory. All territory which may hereafter become a part of the unincorporated area of the county that is regulated by this ordinance, by the dissolution of any city or severance of any part of a city, shall automatically be classed as lying and being within the same zoning district as the adjacent unincorporated land. If more than one zoning district is adjacent to the new unincorporated area, the area shall automatically be classified as lying and being within the A-1 Agricultural Protection District until such classification shall have been changed by a rezoning and map amendment as provided for in § 3.03.
   (F)   Zoning districts dividing property/split zoning. Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in its respective zoning classification and for the determination of yard and density requirements.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

§ 6.02 ALLOWED AND CONDITIONAL LAND USES.

    Table 6.10 in § 6.26 establishes the uses in the zoning districts within the county. For the purposes of the table:
   (A)   Permitted uses. Uses specified with a “P” in Table 6.10 are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Certain permitted uses are subject to the specific development standards of this ordinance;
   (B)   Conditional uses. Any use lawfully established prior to the effective date of this ordinance, which is shown in Table 6.10 and designated with a “C”, is allowed as a conditional use allowed in the district. A conditional use under this ordinance may continue without specific approval by the Board of Commissioners but is subject to the specific development standards of this ordinance;
   (C)   Prohibited uses. Any use not listed as either “P” (permitted), “C” (conditional) or a permitted accessory use within a particular district, or found to a similar use as described below shall be prohibited in that district;
   (D)   Similar use. The Zoning Administrator may, upon written request, issue a statement of clarification finding that a use is sufficiently similar to another other use regulated in the zoning code. If the Zoning Administrator determines a use is not similar, a property owner or contract purchaser may make application for a determination of similar use as specified in § 3.03; and
   (E)   Accessory uses. Accessory uses shall be located on the same lot and shall be associated with and incidental to an allowed principal use. Allowed accessory uses are indicated in § 6.26 (under Table 6.10). In addition, accessory uses shall meet all the following requirements.
      (1)   A mobile home shall not be an accessory use.
      (2)   Travel trailers, mobile homes, movable containers or similar structures intended to be movable shall not be considered accessory structures.
   (F)   Temporary uses. The following temporary uses 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. Special events and sales as listed below may require a special event permit, as specified in § 3.09.
      (1)   Garage sales. Garage sales shall be limited to a total of ten days of operation per calendar year at any residential location.
      (2)   Construction sites. Storage of building materials and equipment or temporary buildings for construction purposes may be located on the site under construction for the duration of the construction or a period of one year, whichever is less. The Zoning Administrator may grant extensions to this time limit for good cause shown.
      (3)   Amusement events. Temporary amusement events, including the erection of tents for such events, may be allowed as a temporary use for a maximum of 15 days per calendar year. In residential districts, such temporary amusement events shall be located on institutional and public property only.
      (4)   Promotional activities, sales and display. Promotional activities including indoor and/or outdoor sales and display may be allowed as a temporary use in nonresidential districts for a maximum of 30 days per calendar year. Such sales and display may also be conducted within a tent or other temporary structure.
      (5)   Seasonal outdoor sale of agricultural products. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a temporary use. In no case, however, shall the public right-of-way be utilized for the sale and display of such items.
      (6)   Additional temporary uses and events. In addition to the temporary uses and events listed above, the Zoning Administrator may allow other temporary uses and events for a maximum of ten days per calendar year, provided that the proposed temporary use or structure is similar to a temporary use or event listed above.
   (G)   Temporary operation of equipment. The Zoning Administrator may grant an interim use permit for temporary operation of equipment in any zoning district in conjunction with highway construction or a similar public purpose. 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”).
(Ord. 97, passed 7-29-2009; Ord. 160, passed 2-4-2025)

§ 6.03 SUMMARY TABLE OF DIMENSIONAL STANDARDS.

   The following table offers examples of the dimension standards for several zoning districts. The Agricultural Interpretive Center District (AIC) and Shoreland Standards are not included in this table. Please refer to the dimension standards included in the individual zoning districts as well as other provisions, standards, regulations, requirements as contained in the Unified Development Code, including, but not limited to, the development review processes and requirements, general regulations, general environmental regulations, conservation design, transfer of development rights and the like.
Table 6.2
Table 6.2
Agricultural
A-1
Limited
Residential
LR
Urban
Expansion UE
Village
Mixed Use
VMX
Highway CommercialHC
General Industrial
I
Table 6.2
Agricultural
A-1
Limited
Residential
LR
Urban
Expansion UE
Village
Mixed Use
VMX
Highway CommercialHC
General Industrial
I
Minimum lot area
1 ac min buildable top ground,
5 ac max for sfd,
3 ac min1
1 ac 2.5 ac1
30,000 sq ft2 1 ac1
NA
NA
Standard lots
1 ac buildable top ground
Conservation lots
0.75 ac avg buildable top ground 2.5 ac max for sfd 2.5 ac min1
Minimum lot width
100 ft2
100 ft
75 ft
100 ft
100 ft
Standard lots
150 ft
Conservation lots
75 ft
Front yard setbacks
75 ft
25 ft**
50 ft
35 ft3
50 ft
50 ft
Standard lots
40 ft
Conservation lots
30 ft from interior road
Windbreak or tree
20 ft4, 15 ft5
20 ft4, 15 ft5
20 ft4, 15 ft5
20 ft4, 15 ft5
20 ft4, 15 ft5
20 ft4, 15 ft5
Side yard setbacks
40 ft
20 ft
20 ft
15 ft6
15 ft6
Standard lots
15 ft
Conservation lots
10 ft
Tree
20 ft
20 ft
20 ft
20 ft
20 ft
20 ft
Shrub
10 ft
10 ft
10 ft
10 ft
10 ft
10 ft
Rear yard setbacks
40 ft
30 ft
30 ft
15 ft6
15 ft6
Standard lots
30 ft
Conservation lots
25 ft
Tree
20 ft
20 ft
20 ft
20 ft
20 ft
20 ft
Shrub
10 ft
10 ft
10 ft
10 ft
10 ft
10 ft
Accessory structure setbacks
75 ft
50 ft
35 ft
50 ft
50 ft
Front-standard lots
40 ft
Front-conservat ion lots
30 ft from interior road
Side & rear
20 ft*
15 ft
20 ft
Maximum impervious coverage
None Required
25% (outside Shoreland District)
25%
50%
65%
75%
Maximum height
35 ft
35 ft
35 ft
35 ft
35 ft
70 ft
1Minimum lot size for permitted and conditional uses other than a single-family dwelling
2County ISTS standards must be met
3Or within range of existing setbacks
4When public right-of-way is less than 100 feet in width
5When public right-of-way is greater than 100 feet in width
6The yard setback is 50 feet when adjacent to a residential or agricultural district
7Agricultural buildings are exempt from height limitations, non-Ag buildings not to exceed 2.5 stories or 35 feet height, whichever is greater
*An exemption to the side & rear yard setback requirement may be given for two contiguous parcels, in the A-1 Agricultural Protection Zoning District, under one ownership or owned by a family member based upon the definition of "FAMILY" provided the owner(s) and family member(s) signs an affidavit that will be recorded stating that they have no objection to an agricultural structure being closer than the required 20 feet. All other requirements of this ordinance shall be adhered to.
** Minimum front yard setback when a property is accessed via a private road.
 
(Ord. 97, passed 7-29-2009; Ord. 138, passed 9-3-2019; Ord. 150, passed 5-3-2022; Ord. 160, passed 2-4-2025)

§ 6.04 COUNTY ZONING MAP; ENTIRE COUNTY AND AREA.

   The official zoning map, and any and all amendments thereto, are adopted by reference and included in this code as fully as if set out at length herein. A copy may be found in the office of the County Clerk.
(Ord. 97, passed 7-21-2009; Ord. 104.1, passed 6-21-2011; Ord. 116, passed 6-17-2014)

§ 6.05 GENERAL STANDARDS FOR AGRICULTURAL AND NATURAL RESOURCE USES.

   (A)   Purpose. The standards in this section are established to provide supplemental regulations to address the unique characteristics of certain land uses.
   (B)   Applicability. The standards in this section apply to the uses listed below within the zoning districts in which they are allowed, whether the uses are permitted or conditional. The standards in this section shall apply in addition to the general criteria for conditional uses in § 3.07, and all other applicable regulations.
   (C)   Exempted agricultural uses. It is not the intent of this section to control uses that qualify for the farm exemption.
   (D)   Animal units. Table 6.3 shows the animal unit measures for common agricultural animals.
Table 6.3 Animal Unit Equivalents
Animal
Per Animal
Table 6.3 Animal Unit Equivalents
Animal
Per Animal
One mature dairy cow over 1,000 pounds
1.4 animal units
One dairy cow under 1,000 pounds
1.0 animal units
One heifer
0.7 animal units
One calf (under 500 pounds)
0.2 animal units
One slaughter steer or stock cow
1.0 animal units
One feeder cattle
0.7 animal units
One cow and calf pair
1.2 animal units
One swine between 55 and 300 pounds
0.3 animal units
One swine over 300 pounds
0.4 animal units
One nursery pig under 55 pounds
0.05 animal units
One horse
1.0 animal units
One sheep or lamb
0.1 animal units
One laying hen or broiler (using liquid manure system)
0.033 animal units
One chicken over 5 pounds (using dry manure system)
0.005 animal units
One chicken under 5 pounds (using dry manure system)
0.003 animal units
One turkey over 5 pounds
0.018 animal units
One turkey under 5 pounds
0.005 animal units
One duck
0.01 animal units
One goat
0.15 animal units
For any animal not appearing in the above chart, the average weight of the animal divided by 1,000 pounds will determine its AU value.
 
   (E)   Preservation of farming practices (“right to farm”).
      (1)   Introduction and intention. It is the declared policy of this county to enhance and encourage agricultural operations within the county.
         (a)   Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations may be the subject of private nuisance complaints that would result in the cessation or curtailment of operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the county’s agricultural industry as a whole.
         (b)   It is the purpose and intent of this section to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance.
         (c)   Agricultural production that complies the requirements of this ordinance shall not be considered by this county as constituting a nuisance.
         (d)   This ordinance is not to be construed as in any way modifying or abridging the state statutes and rules, rather, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.
      (2)   Declaration. Agricultural operation is not a nuisance. An agricultural operation, which continues without interruption or change, shall not become a private nuisance if the operation was not a nuisance at its established date of operation. The provisions of this subsection do not apply:
         (a)   To a condition or injury, which results from the negligent or improper operation of an agricultural operation or from operations contrary to commonly accepted agricultural practices;
         (b)   To applicable state or local laws, ordinances, rules or permits;
         (c)   When an agricultural operation causes injury or direct threat or injury to the health or safety of any person; and
         (d)   To the pollution of, or change in the condition of, waters of the state or the water flow of waters on the lands of any person; to an animal feedlot facility of 1,000 or more animal units.
   (F)   The County Farmland Preservation Plan. The county’s Farmland Preservation Plan, adopted by the Board of County Commissioners in 1987 shall remain in effect and is hereby incorporated into this code by reference.
(Ord. 97, passed 7-21-2009; Ord. 105, passed 8-2-2011; Ord. 147, passed 8-3-2021)

§ 6.06 SPECIFIC STANDARDS FOR ANIMAL AGRICULTURE (“FEEDLOT ORDINANCE”).

   (A)   Purpose. An adequate supply of healthy livestock, poultry and other animals is essential to the well being of the county citizens and the state. These domesticated animals provide our daily source of meat, milk, eggs and fiber. Their efficient, economic production must be the concern of all consumers if we are to have a continued abundance of high-quality, wholesome food and fiber at reasonable prices. However, livestock, poultry and other animals produce manure, which may, where improperly stored, transported or disposed, negatively affect the county’s environment.
      (1)    The following regulations for the control of livestock, poultry, other animal feedlots and manure application have been enacted to provide protection to surface and ground water resources from manure and excess nutrients, while also recognizing the irreplaceable qualities nutrients in manure provide to soil and the overall importance livestock plays in the production of agricultural crops.
      (2)   This ordinance provides for a cooperative program between the county and the State Pollution Control Agency. Pollution prevention measures, where deemed necessary by the Agency, should be individually designed and developed to provide the site-specific controls needed for the operation in question. Therefore, a joint county-state program is desirable because it will ensure local involvement, minimize disruption to agricultural operations and protect the environment. This ordinance complies with the policy and purpose of the state in regard to the control of pollution as set forth in M.S. Chapters 115 and 116, as they may be amended from time to time.
   (B)   Adoption by reference of state regulations. Pursuant to M.S. § 394.25, Subdivision 8, as it may be amended from time to time, the code adopts by reference:
      (1)   Minnesota Pollution Control Agency Rules, Parts 7020.0100 through 7020.1900, Rules for the Control of Pollution from Animal Feedlots, as amended from time to time; and
      (2)   M.S. § 169.88, as it may be amended from time to time. (Financial liability of owner and/or operator of a vehicle that damages public roads).
   (C)   Provisions for new feedlots.
      (1)    Sites proposing to maintain ten or more animal units, or a manure storage area capable of holding the manure produced by ten or more animal units shall be defined as a feedlot and must meet the required feedlot setbacks.
      (2)   Permit requirements. A construction short form shall be required for all new feedlots over 50 animal units.  
         (a)   A permit application shall be made available by the County Feedlot Officer.
         (b)   The following information shall be included for application:
            1.   Names of all principal owners and operators and the signature of at least one of the owners;
            2.   The legal name and business address of the facility, if different than the owner;
            3.   The location of the facility by county, township, section and quarter section;
            4.   Type of livestock and the maximum number of animal of each animal type that can be confined within each lot, building or area at the animal feedlot;
            5.   A list of all proposed manure storage areas, including plans and specifications for proposed liquid manure storage areas and for permanent stockpile sites;
            6.    The total number of animal units the facilities listed in subsections (C)(2)(b)4. and (C)(2)(b)5. above will be capable of holding after completing the construction;
            7.   The soil type or texture and depth to saturated soils at the facility as identified in the USDA Soil Survey Manual or site-specific soils investigation;
            8.   An aerial photograph showing the location of all wells, buildings, surface tile intakes, lakes, rivers and watercourses within 1,000 feet of the proposed facility;
            9.   The number of acres available for land application of manure;
            10.   If applying for a NPDES/SDS permit or interim permit, a manure management plan that meets the requirements under Minnesota Rules Part 7020.2225 subpart 4; and
            11.   If applying for an NPDES permit, a supplemental federal application form.
         (c)    In addition to the requirements of subsections (C)(2)(b)1. through (C)(2)(b)11. above, a permit application for an animal feedlot capable of holding 1,000 animal units or more or a manure storage area capable of holding the manure produced by 1,000 animal units or more must contain:
            1.   An air emission plan that includes:
               a.   Methods and practices that will be used to minimize air emissions resulting from animal feedlot or manure storage area operations including manure storage area start-up practices, loading and manure removal;
               b.   Measures to be used to mitigate air emissions in the event of exceedance of the state ambient hydrogen sulfide standard; and
               c.   A complaint response protocol describing the procedures the owner will use to respond to complaints directed at the facility, including:
                  i.   A list of each potential odor sources at the facility, and a determination of the odor sources most likely to generate significant amounts of odor; and
                  ii.   A list of anticipated odor control strategies for addressing each of the significant odor sources.
            2.   An emergency response plan that includes a description of the procedure that will:
               a.   Contain, minimize and manage an unauthorized discharge;
               b.   Provide notification to the proper authorities; and
               c.   Mitigate any adverse effect of an unauthorized discharge.
         (d)   Construction of any new livestock building or addition to an existing livestock building must obtain a county zoning permit in addition to a feedlot permit.
         (e)   New feedlots of 50 animal units or more shall obtain a conditional use permit unless conditions of the County Feedlot Site Inspection Team are implemented pursuant to subsection (E) below (“The County Feedlot Site Inspection Team”) of this article. All sites 3,000 animal units or larger, shall obtain these reviews: the County Feedlot Site Inspection Team inspection, conditions and a conditional use permit from the County Board. The Site Team conditions shall be forwarded to the Planning Commission and Board of Commissioners for review when considering a conditional use permit.
      (3)   Notice of application.
         (a)   Public notice. Minnesota Rules, Part 7020.2000, subpart 4 provides for notification of application procedures. When the County Feedlot Officer receives an application or a person applies to the MPCA or the for a permit to construct a feedlot resulting in a capacity of 500 animal units or more shall, not later than ten business days after the application is submitted, the county shall provide notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed feedlot. Notification under this subsection is satisfied under an equal or greater notification requirement of a county conditional use permit. The county shall also give notice in the same manner to every township where the feedlot(s) will be located. The county shall also give notice by first class mail to each municipality within 5,000 feet of the perimeter of the proposed feedlot. The notice may be delivered by first class mail, in person, or by the publication in a newspaper of general circulation within the affected area and must include the following:
            1.   The names of the owners or the legal name of the facility;
            2.   The location of the facility by county, township, section and quarter section;
            3.   Species of livestock and total animal units;
            4.   Type of confinement buildings, lots and areas at the animal feedlot; and
            5.   The types of manure storage.
         (b)   Government notification of proposed construction. An owner proposing to construct or expand an animal feedlot or manure storage area shall notify the government authorities listed in subparagraphs (C)(3)(b)1. and (C)(3)(b)2. below:
            1.   The County Feedlot Officer or the Commissioner at least 30 days prior to commencement of construction of a new feedlot or manure storage area;
            2.   All local zoning authorities, including county, township and city zoning authorities, of the proposed construction or expansion at least 30 days prior to commencement of construction.
      (4)   Construction short-form issuance. All construction short-forms expire within 24 months of the date of issuance. If the work for which a construction short-form permit was issued is not complete upon expiration of the permit, the expiration date of the permit may be extended by no more than 24 months if the owner complies with subparagraphs (C)(4)(a)and (C)(4)(b) below:
         (a)   The facility is currently eligible for the same permit;
         (b)   The owner notifies the Commissioner or County Feedlot Officer at least 90 days prior to the expiration of the permit. The notification shall include:
            1.   The name of the owner, and the name of the facility if different than the owner;
            2.   The permit number;
            3.   The reason the work may not be completed prior to the expiration of the permit; and
            4.   The estimated amount of time required to complete the work;
         (c)    If the animal feedlot under construction will be capable of holding 500 animal units or more or the manure storage area under construction will be capable of holding the manure produced by 500 animal units or more when completed shall be subject to the notification requirements as listed in subsection (C)(3) above (“notice of application”), the notification must include the date on which the original permit was issued and the new proposed completion date.
         (d)   The County Feedlot Officer shall issue the construction short-forms authorized by a delegation agreement between the State Pollution Control Agency and the county.
         (e)   In order for the county to revoke a permit, a copy of the permit together with a written justification for revocation must be submitted to the Commissioner for review. The Commissioner shall, after receipt of the justification for revocation by the county, review the matter within 60 days to determine compliance with the provisions of applicable Agency rules. The county must receive written approval of the permit revocation from the Agency prior to taking action. Where a revocation has been approved by the Agency, the applicant must be informed in writing by the county of the reasons for revocation and the applicant shall retain all rights of appeal set out in Minnesota Rules Chapter 7001. Revocation without re-issuance of the permit must follow the requirements under part 7001.0180.
         (f)   In the case of a denial of a permit application by the County Feedlot Officer, the applicant shall be informed by the county in writing of the reasons for denial and shall be informed of applicable appeal procedures. The applicant shall retain all rights of fundamental fairness afforded by law and the applicant may make an appeal to the Agency to review the county’s action. Such a denial by a county shall be without prejudice to the applicant’s right to an appearance before the
         (g)   Agency to request a public hearing or to file a further application after revisions are made to meet objections specified as reasons for denial. The Agency shall approve, suspend, modify or reverse the denial of a permit if the matter has been appealed to the Agency.
         (h)   No circumvention. An owner who obtains a construction short-form is subject to enforcement action for construction or operation without a permit if the Commissioner or County Feedlot Officer later determines that the animal feedlot or a manure storage area does not qualify for the construction short-form that was issued and that the owner is required to apply for and obtain an SDS or NPDES permit.
      (5)   Manure management plans for new feed lots. New feedlots shall be required to submit a Manure Management Plan to the county demonstrating how the applicant proposes to mitigate all potential pollution problems.
      (6)   Manure transported into the county. Manure from out of county sources may be used as a domestic fertilizer in the county when applied at agronomic rates.
      (7)   Environmental assessment worksheet. Minnesota Rules Chapter 4410, state that a mandatory EAW is required for:
         (a)   Construction of a new feedlot having 1,000 animal units or more by State Animal Unit standards;
         (b)   Expansion of an existing feedlot by 1,000 animal units or more by State Animal Unit standards;
         (c)   Expansion of an existing feedlot by more than 500 animal units by State Animal Unit Standards in a sensitive area as defined in Minnesota Rules Chapter 4410; and/or
         (d)   A petition to request an EAW can be submitted to the EQB for a discretionary EAW for a feedlot that meets the minimum requirements of Minnesota Rules Part 4410.4600 Subpart 19 by interested parties obtaining 25 signatures for the request.
      (8)   Manure storage structures and associated livestock feedlot setbacks. Manure storage structures and associated livestock feedlot setbacks (see Table 6.4 following page).
      (9)   Maximum animal units. A maximum of 5,000 animal units may be allowed for all new feedlots.
      (10)   Municipalities. New animal feedlots are prohibited from locating 2,640 feet or less from an incorporated municipality. New animal feedlots located greater than 2,640 feet and less than or equal to 5,280 feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
Table 6.4 Manure Storage Structures and Associated Feedlot Setbacks
Land Use or Feature
Distance (feet)
Table 6.4 Manure Storage Structures and Associated Feedlot Setbacks
Land Use or Feature
Distance (feet)
Airport (FAA approved)
2,640
An existing feedlot under separate ownership
500
A residence (other than feedlot owner/applicant)
1,000
Cemeteries3
500
Churches2
1,000
Golf courses, private or public4
1,000
Incorporated municipality5
2,640
Parks1
1,000
Property line (side yards, rear yard)
50
Public roads (measured from centerline of road)
300
Shoreland: lakes (measured from OHWL)
1,000
Shoreland: river, stream, drainage ditch (public or private- measured from ordinary high water level)
Well, private
As regulated by MN Dept. of Health
Well, public
As regulated by MN Dept. of Health
Wetlands: Type I-VIII
300
New feedlots and new manure storage structures are prohibited within 1,000 feet of the OHWL of a lake or within 300 feet of the OHWL of a stream or river. New feedlots and new manure storage structures are also prohibited in floodplain, floodway, bluff impact zones and abandoned rock quarries.
1Parks subject to the above listed setback: from any park maintained or owned by an incorporated municipality and from the following four county parks: Courthouse Park, Gooselake Park, Ray Eustice Park and Blowers Park.
2CHURCH defined as a building used as a church, synagogue or place of worship with regular scheduled services.
3CEMETERY defined as follows: a cemetery governed by a cemetery association, local government or congregation of worshipers.
4Public and private golf course setback shall be measured from the nearest point of the feedlot to the nearest point of any maintained and established golf fairway or green at the time of feedlot permit application.
5Incorporated municipalities are the cities of Elysian, Janesville, New Richland, Waldorf and Waseca.
New feedlots shall not be located within 1,000 feet of any dwelling, school, church, platted subdivision and/or public park, except for dwelling of the property owner or feedlot operator, or family member based upon the definition of “family” provided the owner of the dwelling and family member, signs a statement that will be recorded stating that they have no objection to the feedlot being closer than the required 1,000 feet. This exception to the 1,000-foot setback is limited to family members to current owner and all other setback requirements shall be adhered to. All family-related feedlots shall be considered separate feedlots in terms of permitting but shall be considered as one feedlot in terms of animal unit limits in accordance with the feedlot ordinance.
 
   (D)   Provisions for existing feedlots, including modification and expansion. (The provisions of this subsection (D) apply to existing feedlots.)
      (1)   Registration requirements.
         (a)   Sites required to register. Sites with ten or more animal units, or a manure storage area capable of holding the manure produced by ten or more animal units shall be required to register with the County Feedlot Officer as a feedlot and meet required setbacks.
         (b)   Initial registration schedule and requirements. Owners required to register shall comply with at least one of the following:
            1.   The owner shall submit a completed registration form supplied by the County Feedlot Officer; or
            2.   The owner shall submit a completed permit application to the County Feedlot Officer.
         (c)   Owners shall update their registrations at least once during the four-year registration window prior to the registration update deadline, as defined by the County Feedlot Officer.
         (d)   Other. An existing feedlot proposing an expansion of 100 animal units or more or a change in operation as determined by the Feedlot Officer must obtain a conditional use permit. A conditional use permit would not be required if the County Feedlot Site Inspection Team conditions are implemented pursuant to subsection (E) below (The County Feedlot Site Inspection Team”) of this article. All sites 3,000 animal units or larger shall obtain County Feedlot Site Inspection Team inspection and a conditional use permit.
      (2)   Permit requirements. Four types of permits are required under this ordinance, Minnesota Rules Chapters 7020 and 7001: interim permits, construction short form permits, SDS permits and NPDES permits. The owner shall apply for a permit as follows:
         (a)   An NPDES permit for the construction and operation of animal feedlot that meets the criteria for CAFO;
         (b)   Unless required to apply for a permit under paragraph (D)(2)(a) above, an SDS permit under the following conditions:
            1.   The construction and operation of animal feedlot or manure storage area that has been demonstrated not to meet the criteria for CAFO and is capable of holding 1,000 or more animal units or the manure produced by 1,000 or more animal units;
            2.   The facility does not comply with all applicable requirements of Minnesota Rules, Parts 7020.2000 to 7020.2225 and the pollution hazard cannot be or has not been, corrected under the conditions in Minnesota Rules Part 7020.0535 applicable to interim permits;
            3.   The owner is proposing to construct or operate a new technology. An SDS permit is required for new technology operational methods while these operational methods are employed; or
            4.   The facility is one for which conditions or requirements other than those in Minnesota Rules, Parts 7020.2000 to 7020.2225 were assumed:
               a.   As a mitigation measure in an environmental impact statement; or
               b.   In obtaining a negative declaration in an environmental assessment worksheet.
         (c)   Unless required to obtain a permit under paragraphs (D)(2)(a) and (D)(2)(b) above, an interim permit for:
            1.   Facilities identified as a pollution hazard; or
            2.   An animal feedlot or a manure storage area with a capacity of 50 or more animal units in a non-shoreland area or ten or more animal units in shoreland prior to applying manure or process wastewater:
               a.   On land where the soil phosphorus test levels exceed the levels:
                  i.   Fields in special protection areas or within 300 feet of a tile intake that have an average soil phosphorus test level exceeding 75 PPM Bray or 60 PPM Olsen; and
                  ii.   Fields outside the special protection areas and more than 300 feet from open tile intakes that have an average soil phosphorus test level exceeding 150-PPM Bray or 120-PPM Olsen.
               b.   On land in special protection areas with slopes exceeding 6%; or
               c.   In a drinking water supply management area where the aquifer is designated vulnerable under Minnesota Rules Chapter 4720.
      (3)   Other permit provisions. Unless required to obtain a permit under paragraphs (D)(2)(a) through (D)(2)(c) above, a construction short-form permit for an animal feedlot or manure storage area proposing to construct or expand to a capacity of 50 animal units or more in a non-shoreland area or ten or more animal units in a shoreland area; however, if a facility is determined to be a pollution hazard and the owner is proposing to expand to expand to a capacity of 50 animal units or more in a non-shoreland area or ten or more animal units in a shoreland area the owner shall apply for an interim permit under item (D)(2)(c). An owner issued an interim permit that authorizes construction for an expansion shall not stock the expansion prior to fulfillment of all permit conditions related to the correction of the pollution hazard for which the interim permit was issued.
      (4)   Manure transported into the county. Manure from out of county sources may be used as a domestic fertilizer in county if applied at agronomic rates.
      (5)   Environmental assessment worksheet. Minnesota Rules, Chapter 4410 state that a mandatory EAW is required for:
         (a)   Construction of a new animal feedlot having 1,000 animal units or more by State Animal Unit standards;
         (b)   Expansion of an existing feedlot by 1,000 animal units or more by State Animal Unit standards;
         (c)   Expansion of existing feedlot by more than 500 animal units, by State Animal Units standards, in a sensitive area as defined in Minnesota Rules, Chapter 4410; or
         (d)   A petition requesting and EAW can be submitted to the EQB for a discretionary EAW for a feedlot, that meets the minimum requirements of Minnesota Rules, Part 4410.4600 Subpart 19, by interested parties obtaining 25 signatures for the request.
      (6)   Maximum animal units. No feedlot shall have more than 5,000 animal units. An existing animal feedlot or manure storage area located within shoreland may not expand to a capacity of 1,000 animal units or more. An existing animal feedlot or manure storage structure in a shoreland shall not locate any portion of the expanded animal feedlot or manure storage structure area closer to the ordinary high water level than any existing portion of the animal feedlot or the manure storage area.
      (7)   Municipalities. Existing feedlots located within 5,280 feet of an incorporated municipality shall be considered a permitted use. For the purposes of this provision, an existing feedlot shall not be considered substandard if the only deficiency is the feedlots improper setback from the municipality. Any feedlot that is located within 2,600 feet which is abandoned or which is discontinued for a period of five years may not be resumed. An expansion of 200 animal units or less is allowed over the lifetime of a feedlot regardless of ownership change within 5,280 feet of an incorporated municipality. Expansion greater than 200 animal units is allowed within 5,280 feet of an incorporated municipality after written notice to the affected city government and upon obtaining a conditional use permit or complying with the provisions in subsection (E) below (“The County Feedlot Site Inspection Team”).
      (8)   Substandard use feedlots.
         (a)   Continuance. A substandard feedlot may continue but additional livestock confinement buildings, pits, slurry stores, lagoon systems or earthen storage basins must comply with this ordinance.
         (b)   Discontinued or abandoned. Any feedlot which is abandoned or which is discontinued for a period of five years may not be resumed, and any future use or occupancy of the land shall conform to this ordinance.
         (c)   Moving. A building or structure moved to a different location on a single parcel of land shall be brought into conformance with this ordinance.
         (d)   Damage or destruction. When a substandard feedlot is destroyed by fire or other peril to the extent of 50% of its market value, as determined by the County Assessor, any subsequent use or occupancy of the land or premises shall conform to this ordinance.
         (e)   Restoration and repair. A substandard feedlot may be restored or repaired as follows:
            1.   To comply with state law and county ordinances;
            2.   If damaged to extent less than 50% of its market value as determined by the County Assessor; and
            3.   To effect repairs and necessary maintenance which are non-structural and incidental to the use or occupancy, provided such repairs dot no constitute more than 50% of its market value as determined by the County Assessor.
      (9)   Notice of application.
         (a)   Public notice. Minnesota Rules, Part 7020.2000, subpart 4 provides for notification of application procedures. A person who applies to the MPCA or the County Feedlot Officer for a permit to construct or expand a feedlot resulting in a capacity of 500 animal units or more shall, not later than ten business days after the application is submitted, provide notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed feedlot.
            1.   The notice may be delivered by first class mail, in person, or by the publication in a newspaper of general circulation within the affected area and must include the following:
               a.   The names of the owners or the legal name of the facility;
               b.   The location of the facility by county, township, section and quarter section;
               c.   Species of livestock and total animal units;
               d.   Type of confinement buildings, lots and areas the animal feedlots; and
               e.   The type of manure storage
            2.   Notification under this subsection (D)(9) is satisfied under an equal or greater notification requirement of a county conditional use permit. An applicant shall also give notice in the same manner to every township where the feedlot(s) will be located. An applicant shall also give notice by first class mail to every municipality within 5,000 feet of the perimeter of the proposed feedlot.
         (b)   Government notification. An owner proposing to construct or expand an animal feedlot or manure storage area shall notify the government authorities listed in paragraphs (D)(9)(b)1. and (D)(9)(b)2. below:
            1.   The County Feedlot Officer or the Commissioner at least 30 days prior to commencement of construction or expansion of an animal feedlot or manure storage area; and
            2.   All local zoning authorities, including county, town, and city zoning authorities, of the proposed construction or expansion at least 30 days prior to commencement of construction.
      (10)   Construction short-form issuance. The requirements and procedures for a construction short-form issuance shall be the same as described in subsection (C)(1) above (“Permit Requirements” and subsection (C)(3) above)(“Construction Short Form Issuance”).
      (11)   Interim permit issuance.
         (a)   The County Feedlot Officer may issue, deny, modify, impose conditions upon, or revoke interim permits for animal feedlots smaller than 1,000 animal units where animal manure is used as a domestic fertilizer and with a potential pollution hazard which will be mitigated by corrective or protective measures within 24 months of the date of the issuance of the interim permit.
         (b)   These permits shall be issued, denied, modified, have conditions imposed upon them, or revoked in conformance with the following requirements:
            1.   In order for the county to revoke an interim permit, a copy of the interim permit together with a written justification for revocation must be submitted to the Commissioner for review. The Commissioner shall, after receipt of the justification for revocation by the county, review the matter within 60 days to determine compliance with the provisions of applicable agency rules. The county must receive written approval of the interim permit revocation from the agency prior to taking action. Where a revocation has been approved by the agency, the applicant must be informed in writing by the County of the reasons for revocation and the applicant shall retain all rights of appeal set out in Minnesota Rules Part 7020.1700; and
            2.   In the case of a denial of an interim permit application by the county, the applicant shall be informed by the county in writing of the reasons for denial and shall be informed of applicable appeal procedures. The applicant shall retain all rights of fundamental fairness afforded by law and the applicant may make an appeal to the agency to review the county’s action. Such a denial by a county shall be without prejudice to the applicant’s right to an appearance before the agency to request a public hearing or to file a further application after revisions are made to meet objections specified as reasons for denial. The agency shall approve, suspend, modify or reverse the denial of an interim permit if the matter has been appealed to the agency.
      (12)   New residence.
         (a)    New residences, when constructed on a parcel where no current residence exists, shall be set back at least 1,000 feet from an existing feedlot. A replacement residence (meaning the current residence shall be destroyed or permanently removed from the existing location) may reconstruct without variance if the replacement residence is set back greater than or equal to the current residence, pursuant to § 1.09.
         (b)   New feedlots, when constructed on a parcel where no current feedlot exists, shall be set back at least 1,000 feet from an existing residence. A replacement feedlot, meaning the current feedlot was destroyed by an act of God, may reconstruct without variance if the replacement feedlot is constructed on the existing foundation, at the same square footage, at the same animal type, and at the same or less animal units.
         (c)   The Board of Adjustment may grant a variance from these requirements in compliance with M.S. § 394.27, as it may be amended from time to time, and this ordinance.
      (13)   Setbacks. The minimum setback requirements for existing feedlots or existing manure storage structures shall be the same as described in Table 6.4 Manure Storage Structures and Associated Feedlot Setbacks.
   (E)   The County Feedlot Site Inspection Team.
      (1)   Intent. Feedlot site locations are one of the most important decisions facing feedlot owners, neighbors and local governments. New feedlots of 50 animal units or more and existing feedlots proposing an expansion of 100 animal units or more or a change in operation as determined by the Feedlot Officer shall require a site inspection prior to issuance of any feedlot permits. To assist in the early and careful consideration of sites, a team approach to site inspection and selection is a desirable way to provide a wide range of information to ensure that permit applicants will select a site that is both economically and environmentally suitable. The expertise of a site inspection team is intended for the benefit and convenience of permit applicants and for the early notification to neighbors. Conditions of the County Feedlot Site inspection Team (“Feedlot Site inspection Team”) are intended to save time and money during the permitting process and to enhance goodwill between neighbors by alerting applicants to possible concerns of neighboring residents and communities.
      (2)   Feedlot site inspection team. The Feedlot Site Inspection Team (site team) shall consist of the following individuals or a designee from their office or agency:
         (a)   County Feedlot Officer;
         (b)   County Commissioner of the affected District;
         (c)   County Engineer;
         (d)   County Land and Water Resources Watershed Coordinator;
         (e)   County Land and Water Resources Director;
         (f)   Waseca Soil Water Conservation District Manager; and
         (g)   Township Officer of the affected Township.
      (3)   Jurisdiction. The jurisdiction of the feedlot site inspection team shall include all lands in the county, excepting those located within incorporated cities.
      (4)   Duties. The Feedlot Site Inspection Team shall be required to conduct a site inspection of any proposed new feedlot of 50 animal units or more. Site inspection shall be conducted for an existing feedlot proposing an expansion of 100 animal units or more or a change in operation as determined by the Feedlot Officer. The Feedlot Officer shall establish a meeting date and time for an onsite inspection with the feedlot owner/operator within 30 days of notification of the feedlot owner/operator’s intent for any new construction or expansion when a site inspection is required. The County Feedlot Officer shall execute notification to the Feedlot Site Inspection Team.
         (a)   The Feedlot Officer shall, not later than ten days before the site inspection, provide notice by mail of the time and date of the site inspection to each property owner within one mile of the proposed feedlot.
         (b)   A minimum of four Feedlot Inspection Team members shall conduct the feedlot inspection.
            1.   The Feedlot Site Inspection Team shall provide to the owner/operator written conditions regarding setbacks, locational concerns, drainage concerns, potential pollution hazard concerns, or the need for vegetative screening or any other technical information deemed necessary. The Feedlot Officer shall in writing list all conditions of the Site Inspection Team on a document entitled “County Feedlot Site inspection Team Conditions”. If during the process of a site inspection, a consensus cannot be obtained, amongst the site team members in attendance regarding the “site team conditions” the applicant shall be required to apply for a conditional use permit. The Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect. A copy of this document shall be given to the owner/operator for review. The Feedlot Site Inspection Team Conditions shall be kept on file in the office of the County Feedlot Officer for public inspection and/or reproduction.
            2.   To obtain a construction short-form or interim permit from the county, the following procedures apply: The owner operator will have two options. The owner/operator may either implement all conditions of the Feedlot Site Inspection Team as a condition of receiving a construction short-form or choose not to implement the conditions. Any owner/operator choosing not to comply with all conditions of the Feedlot Site Inspection Team shall only be granted a construction short-form after receiving a conditional use permit from the County Board and complying with all other provisions of this ordinance and all conditions set forth in the conditional use permit.
            3.   If the owner/operator agrees to follow the site team conditions, rather than obtain a conditional use permit, the owner/operator shall sign the “County Feedlot Site Inspection Team Conditions” document, notarized by a notary public, acknowledging that the owner/operator understands the conditions and will abide by the conditions as a condition of being issued a construction short-form or an interim permit. Any construction short-form or interim Permit thereafter given to the owner/operator shall be conditioned upon compliance with all the conditions of the site team. Any failure to comply with the site team conditions shall be deemed a violation of this ordinance and the owner/operator shall be subject to any or all of the violation and enforcement procedures of § 7.04, Violations and Penalties and Article 7 of this ordinance.
            4.   Any construction short-form or interim permit issued with site team conditions shall be binding on any future owner/operator of the same feedlot. Any new construction short-form or interim permit issued to the same or different owner/operator shall contain the written conditions originally issued by the County Feedlot Site Inspection Team.
            5.   State permits: if the state issues a NPDES, SDS or interim permit, the following procedures shall be followed: The owner/operator shall either obtain a conditional use permit or agree to comply with the site team conditions. Any zoning permit issued by county relating to the NPDES, SDS or interim permit shall be conditioned on future compliance with the site team conditions. Failure by the owner/operator to comply with the conditions of the site team shall require the owner/operator to obtain a conditional use permit. Failure to obtain a conditional use permit shall be deemed a violation of this ordinance and the owner/operator shall be subject to any or all of the violation and enforcement procedures of subsection (J) below and Article 7 of this ordinance.
            6.   If a conditional use hearing is required, a copy of the written conditions of the Feedlot Site Inspection team shall be submitted for review by the Planning Commission and the Board of Commissioners. The Planning Commission shall hold at least one public hearing on each application for a conditional use permit prior to any final decision of the County Board. Conditional use permit procedures shall be followed as defined in this ordinance.
            7.   Following the closing of the public hearing and the formulation of the Planning Commission’s recommendations, the County Feedlot Officer shall report the findings and recommendations of the Planning Commission to the County Board at its next regularly scheduled meeting. The County Board shall approve, deny or return to the Planning Commission the conditional use permit application.
   (F)   Manure application.
      (1)   Sufficient land.
         (a)   The feedlot permit holder shall own or have sufficient additional land under lease or contract to meet the manure utilization requirements for spreading of manure produced in the feedlot. The Feedlot Officer shall retain copies of all written spreading agreements. No more than one manure spreading agreement shall be allowed on a parcel of land. The agreement shall be valid for a period of not less than three years and recorded with the Feedlot Officer. The agreement shall include a brief description and a map of the spreading area.
         (b)   Manure sold under a sales contract for land application of manure may be substituted for the additional land requirement for the feedlot subject to such additional standards, as the state shall require. Manure sold under a sales contract shall be subject to the requirements of this ordinance including all land application, storage standards, setback requirements and application rates.
         (c)   Upon termination of a written manure spreading agreement or manure sold under sales contract, a feedlot owner/operator shall provide the Feedlot Officer with written proof that sufficient new land is owned or under lease or contract to meet the manure utilization requirement for spreading of manure produced in the feedlot.
      (2)   Commercial manure applicators. All persons who own and/or operate a manure applicator for hire shall abide by all land application procedures established by this ordinance and any other applicable statute or rule.
      (3)   Avoid water pollution. When applying manure to land:
         (a)   Manure shall not be applied in such a manner as to allow manure to enter waters of the state during the process of applying manure;
         (b)   Manure application into road ditches is prohibited; and
         (c)   Manure shall not be applied in such a manner that will cause pollution of waters of the state due to runoff of liquid manure or runoff of precipitation or snowmelt containing manure.
      (4)   Manure nutrient testing requirements. Manure must be tested by the owner/operator for nitrogen and phosphorus content from all manure storage structures and stockpiling sites holding manure generated from more than 100 animal units according to the following terms.
         (a)   The manure must initially be tested at a frequency adequate to define the approximate range in nutrient content associated with different climatic conditions, manure storage locations, livestock types and livestock feed.
         (b)   Manure must be tested during subsequent years following significant changes in climatic conditions, manure storage and handling, livestock types or livestock feed.
         (c)   Ongoing manure nutrient testing must continue at a frequency of no less than once every four years.
         (d)   The nutrient analysis must be conducted using MPCA approved methods.
      (5)   Nitrogen application-rate standards. Manure application rates must be limited at all locations where manure is applied so that the estimated plant available nitrogen from all nitrogen sources does not exceed expected crop nitrogen uptake.
         (a)   Expected crop nitrogen uptake rates shall be based on rate tables provided by the Commissioner.
         (b)   Plant available nitrogen estimates may deviate up to 20% from MPCA estimates where warranted by site-specific conditions. Deviations by more that 20% of MPCA estimates of this section will require approval by the MPCA Commissioner or County Feedlot Officer.
         (c)   Nitrogen sources include commercial fertilizer nitrogen, soil organic matter nitrogen, irrigation water nitrogen, legumes grown during previous years and current and previous years manure applied during the current year and previous years.
      (6)   Phosphorus application-rate standards. The amount of phosphorus applied as a result of the land application of manure shall be limited to the following conditions.
         (a)   When surface applying manure without incorporating within 48 hours, the manure application rate must be limited so that the estimated plant available phosphorus provided by manure does not exceed five times the expected crop phosphorus uptake for any one-year period, unless otherwise authorized by the Commissioner or delegated County Feedlot Officer. Expected crop phosphorus uptake rates and plant available phosphorus from manure are to be based on tables provided by the Commissioner.
         (b)   Manure applied to land in special protection areas shall comply with the phosphorus requirement as described in subsection (F)(9) below entitled “Application requirements for land within special protection areas”.
      (7)   Manure Management Plan requirements.
         (a)   A Manure Management Plan shall be included as part of the permit application whenever an owner or operator of a feedlot applies to the Commissioner or County Feedlot Officer for a construction short-form or an interim permit, or an NPDES/SDS permit for an operation with 100 or more animal units (AU), or when manure from a feedlot capable of holding 300 or more AU is applied for after January 1, 2006 by someone other than a certified animal waste technician.
         (b)   The Manure Management Plan must be reviewed by the feedlot owner or operator each year and adjusted for any changes in the amount of manure production, manure nutrient test results, crop rotations or other practices which affect the available nutrient amounts or crop nutrient needs on fields receiving manure.
         (c)   The Manure Management Plan shall be on file at the feedlot facility and made available to MPCA staff or County Feedlot Officer on request unless required to be submitted as part of the permit application.
         (d)   The Manure Management Plan shall contain:
            1.   A description of the manure storage/handling system;
            2.   Application methods and equipment and expected nitrogen losses during application;
            3.   Field locations and acreage available for applying manure;
            4.   Manure nutrient testing methods;
            5.   Planned manure application rates and assumptions used to determine these rates;
            6.   Total manure nitrogen and phosphorus rates to be applied on each field and for each crop in the rotation;
            7.   Expected first-, second- and third-year plant available nutrients from manure;
            8.   Expected months of application;
            9.   A description of protective measures to minimize the risk of off-field manure transport when applying manure on floodplains or soil within 300 feet of:
               a.   Lakes;
               b.   Streams including intermittent streams;
               c.   Uncultivated wetlands;
               d.   Surface tile intakes;
               e.   Sinkholes without constructed diversions;
               f.   Drainage ditches; and
               g.   Protective measures may be associated with, but are not limited to, soil and water conservation measures, timing of application, methods of application, manure rates and frequency of application.
            10.   For application onto frozen or snow covered soil the plan shall include the following information about the fields which may receive the manure:
               a.   Field location;
               b.   Soil slopes;
               c.   Proximity of fields to surface waters;
               d.   Proximity of fields to channels leading to surface waters;
               e.   Expected months of application for each field; and
               f.   Tillage and other conservation measures used to minimize risk of off-field manure transport.
            11.   When ownership of manure is to be transferred for application to fields not owned or leased by the producer, the facility, which produced the manure, shall include in a Manure Management Plan:
               a.   The expected volume or weight of manure to be produced annually; and
               b.   The manure nutrient content.
            12.   A description of how phosphorus from manure is to be managed to minimize continued increase of soil phosphorus levels when soil test P values are 21-PPM Bray P1 or 16-PPM Olsen;
            13.   A description of how phosphorus from manure is to be managed to minimize phosphorus transport to surface waters resulting from soil phosphorus buildup to levels in special protection areas: 75-PPM Bray P1 or 60-PPM Olsen; or in fields outside special protection areas: 150-PPM Bray P1 or 120-PPM Olsen;
            14.   Plans for soil nitrate testing in accordance with University of Minnesota Extension Service recommendations; and
            15.   Type of cover crop to be planted when manure is to be applied in June, July or August to fields that have been harvested and would otherwise not have active growing crops for the remainder of the growing season.
      (8)   Record-keeping.
         (a)   Records of manure application shall be kept on file by the manager of the cropland where the manure is applied:
            1.   For the most recent six years for manure application within 300 feet of lakes, streams, intermittent streams, public waters, wetlands and drainage ditches with side inlets or no berms; and
            2.   For the most recent three years on land not defined by the terms of subsection (F)(8)(a)1. above.
         (b)   Records shall contain the following information:
            1.   Field locations and actual acreage where manure is applied;
            2.   Volume or weight of manure applied on each field;
            3.   Manure test nitrogen and phosphorus content, as required under subsection (F)(4) above (“manure nutrient testing requirements”);
            4.   Dates of application;
            5.   Dates of incorporation when incorporating within ten days;
            6.   Expected plant available amounts of nitrogen and phosphorus released from manure, legumes and commercial fertilizers on each field which manure is applied;
            7.   A description of deviations from the manure management plan and reasons for the changes; and
            8.   Soil nutrient test results.
         (c)   Where manure is transferred for application to fields not owned or leased by the facility, which produced the manure, the facility, which produced the manure, shall meet the following requirements:
            1.   The manure records for the most recent three years shall be kept on file;
            2.   The manure records shall contain the following information:
               a.   The volumes or weight of manure delivered;
               b.   The nutrient content of the manure delivered; and
               c.   The name and address of the buyer of the manure.
            3.   A written copy of MPCA manure application requirements and the information listed in subsection (F)(8)(c)2. above shall be given by the provider of the manure to the purchaser or receiver of the manure.
         (d)   The manager of the cropland, which has received transferred manure, shall keep records of the information listed in subsection (F)(8)(b) above.
      (9)   Application requirements for land within special protection areas.
         (a)   Manure may not be applied to frozen or snow-covered land within 300 feet of all lakes, streams, public waters wetlands, drainage ditches and intermittent streams except where conditions as described in paragraph (F)(9)(c) below apply.
         (b)   Manure applied to unfrozen soils within 300 feet from a lake, stream, public waters, wetlands, intermittent stream, or drainage ditch with side inlets or no berm, shall meet either the terms of paragraph (F)(9)(b)1. or the terms of (F)(9)(b)2. listed below except where conditions as described in paragraph (F)(9)(c) below apply.
            1.   Maintain a non-manured buffer that:
               a.   Is not pastured;
               b.   Is permanently-grassed; and
               c.   Is a minimum of 100 feet wide along lakes and perennial streams and 50 feet wide along intermittent streams, public waters, wetlands and drainage ditches with side inlets or no berms.
            2.   Comply with all of the following practices:
               a.   Manure shall not be applied within at least 25 feet of the water body or channel;
               b.   Manure shall be injected or incorporated within 24 hours of being land applied and prior to rainfall; and
               c.   Manure shall be applied at a rate which will not allow soil phosphorus levels to increase over any six-year period, unless soil testing indicates that soil phosphorus levels are below crop phosphorus needs.
         (c)   The terms and conditions described in subsections (F)(9)(a) and (F)(9)(b) above shall not apply:
            1.   In areas where the land slopes away from the water or channel; or
            2.   Where a drainage ditch does not have side inlets and has earthen berms that prevent runoff from the field into the ditch.
      (10)   Aerial irrigation. Manure applied by a traveling gun, center pivot or other irrigation equipment that allows liquid application of manure is prohibited within the county unless approved by the County Feedlot Officer in emergency situations.
      (11)   Application near sinkholes, mines, quarries and wells. Manure must not be applied to land within 50 feet of an active or inactive water supply well, sinkhole, mine or quarry, or other direct conduits to groundwater. Manure must be immediately incorporated within 24 hours when applied to land that slopes towards a sinkhole and is less than 300 feet from the sinkhole, unless otherwise authorized by the Commissioner; however, as an exception, no setbacks or immediate incorporation are necessary where diversions prevent surface runoff from entering the sinkhole.
      (12)   Table 6.5 Required Setbacks for Land Application of Manure.
Table 6.5 Required Setbacks for Land Application of Manure
Location
Surface Applied
Incorporation or Injection
Table 6.5 Required Setbacks for Land Application of Manure
Location
Surface Applied
Incorporation or Injection
100-year floodplain
Prohibited
Allowed
Cemeteries
300 feet
200 feet
Field tile intake
300 feet
See *1
Municipal well
1,000 feet
1,000 feet
Municipality
500 feet
200 feet
Private well
200 feet
200 feet
Residence, neighboring residence
300 feet
200 feet
Road right-of-way
Prohibited
Prohibited
Source: State Pollution Control Agency
*1Additional application requirements for land within 300 feet of open tile intakes. Manure must be injected or incorporated within 24 hours of being land applied and prior to rainfall when applied within 300 feet of open tile intakes, unless other MPCA approved water quality protection management practices are implemented in this 300 feet zone.
 
      (13)   Residences. Manure may be applied closer to a residence, cemetery or municipality than prescribed by this ordinance if permission is granted by the resident or applicable governing body in the form of a written agreement filed with the County Feedlot Officer. Agreements shall not bind subsequent residents. When determining the distance between a residence and manure application, the distance shall be measured from the residence, not property lines, to manure application.
      (14)   Treatment or disposal. Any manure not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable state and county rules.
   (G)   Manure transportation and storage.
      (1)   Compliance with state and local standards. All animal manure shall be stored and transported in conformance with Minnesota Rules, Chapter 7020 and this ordinance. Manure compost sites shall comply with Minnesota Rules, 7020.2150 for operational, record keeping and reporting requirements.
      (2)   Potential pollution hazard prohibited. No manure storage area shall be constructed, located or operated so as to create or maintain a potential pollution hazard unless a NPDES, SDS or an interim permit has been issued by the MPCA or County Feedlot Officer setting out the requirements for mitigating or abating the potential pollution hazard.
      (3)   Vehicles, spreader. All vehicles used to transport animal manure on township, county, state and interstate highways or through municipalities shall be leak proof. Manure spreaders with end gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak proof. This shall not apply to animal manure being hauled to fields adjacent to feedlots or fields divided by roadways provided the animal manure is for use as domestic fertilizer.
      (4)   Utilization as domestic fertilizer. Animal manure, when utilized as domestic fertilizer, shall not be stored for longer than 18 months.
      (5)   Stacking of manure on site.
         (a)   General requirements.
            1.    Solid manure that is stacked for more than one year shall be stored on a concrete containment pad designed with a Water Containment and Diversion Plan approved by the Feedlot Officer as addressed in the site plan. Manure shall be stored or stockpiled in a location where natural forces of nature do not cause it, or leachate from it, to enter waters of the state.
            2.   Manure must not be placed on a stockpiling site unless a three-to-one horizontal-to-vertical ratio can be maintained or the manure has at least, a 15% solids content.
            3.   The use of rock quarries, gravel or sand pits, bedrock and mining excavation sites for stockpiling manure is prohibited.
            4.   The size of a short-term stockpile must not exceed a volume based on agronomic needs of the crops on 320 acres of fields and must not exceed the agronomic needs of the crops on the tract of land on which the stockpile is to be applied.
         (b)   Short-term stockpile sites requirements.
            1.   The manure must be removed from the site and land applied within one year of the date when the stockpile was initially established.
            2.   A vegetative cover must be established on the site for at least one full growing season prior to reuse as a short-term site, except for the following:
               a.   Sites located within the confines of a hoofed-animal open lot at a facility having the capacity to hold less than 100 animal units; and
               b.   Sites where manure is stockpiled for fewer than ten consecutive days and no more than six times per calendar year.
            3.   Location restrictions:
               a.   Pile must be placed at least 300 feet of flow distance and at least 50 feet horizontal distance, to waters of the state, open tile intakes and any uncultivated wetlands which are not seeded to annual farm crops or crop rotations involving perennial grasses or forages.
               b.   Pile must be placed at least 300 feet of flow distance from any road ditch that flows to the features identified in (a) or 50 feet from any road ditch where item (a) does not apply.
               c.   Pile must be placed at least 100 feet from any private water supply or unused and unsealed well and located 200 feet from any private well with less than 50 feet of watertight casing and that is not cased through a confining layer at least ten feet thick;
               d.   Pile must be at least 100 feet from field drain tile that is three feet or less from the soil surface.
               e.    Pile must have a two-foot separation to seasonal high water table.
               f.   Pile must be at least 300 feet from a residence.
            4.   Short-term stockpiles are prohibited:
               a.   On land with a greater than 6% slope;
               b.   On land with slopes between 2% and 6%, except where clean water diversions and erosion control practices are installed; and/or
               c.   On soils where the soil texture to a depth of five feet is coarser than a sandy loam as identified in the most recent USDA/NRCS soil survey manual.
            5.   Record-keeping: records shall be kept, by the feedlot owner/operator for a minimum of three years that contains the following information:
               a.   Location of pile;
               b.   Date pile was established;
               c.   Volume of manure stockpiled;
               d.   Nutrient analysis of the manure; and
               e.   When the stockpiled manure was land applied.
         (c)   Permanent stockpile sites. The animal feedlot owner/operator of a site containing a permanent stockpile site shall comply with Minnesota Rules, Part 7020.2125 subpart 4.
      (6)   Run-off control structures. All outside manure storage areas shall have run-off control structures to contain manure.
      (7)   Storage design approval.
         (a)   All plans for manure storage structures shall be reviewed and approved by the County Feedlot Officer.
         (b)   A copy of the manure storage structure design, signed by a registered engineer, shall be submitted to the County Feedlot Officer for review and approval. Plans for manure storage structures may also be reviewed by the SWCD, NRCS and/or MPCA.
         (c)   Construction of new open earthen or concrete manure slurry basin for swine manure is prohibited. Existing open-air basins for swine manure may be repaired or replaced. Open-air basins originally built for dairy manure shall not be used for swine manure. An initial perimeter tile water sample shall be taken from all new below ground manure storage areas by the owner/operator, at his or her expense. A lab appropriately certified to perform water analysis shall analyze the sample.
         (d)   The following tests shall be performed.
            1.   Total kjedahl nitrogen;
            2.   Nitrate nitrogen;
            3.   Nitrite nitrogen;
            4.   Chloride;
            5.   Sulfate;
            6.   Fecal coliform;
            7.   pH;
            8.   Temperature; and
            9.   Specific conductivity.
         (e)   Results of analysis shall be submitted to the County Feedlot Officer.
         (f)   All new manure storage structures shall have a minimum storage capacity of nine months.
         (g)   A perimeter fence shall be installed around any open earthen or concrete manure slurry basin.
            1.   Fencing shall be a minimum of five feet high and be impenetrable by children. Examples of such fencing would include, but not be limited to, cyclone fencing, slatted fencing with less than six-inch openings or solid fencing.
            2.   Fence shall be posted with signs every 100 feet stating danger.
      (8)   Concrete pit requirements. Liquid manure storage areas shall comply with Minnesota Rules, Part 7020.2100. Concrete storage over 20,000 gallons require a licensed engineered designed plan that meet or exceed the minimum requirements. Proposed concrete pits under 20,000 gallons of manure storage must document that the design meets or exceeds the requirements of the Agency.
      (9)   Steel tanks. Unlined steel tanks for underground manure storage shall be prohibited.
      (10)   Odor control plan. Odor control plans may be required as a condition of a construction short-form if the Feedlot Site Inspection Team determines that odor control technology is available and feasible.
      (11)   Manure composting. An owner/operator composting manure site shall comply with Minnesota Rules, Part 7020.2150.
      (12)   Poultry barn floors. An owner/operator proposing to build a poultry barn shall comply with Minnesota Rules, Part 7020.2120 for requirements of the barn floor.
   (H)   General.
      (1)   Closure plan. The landowner, owner and operator of any feedlot shall be responsible for the ongoing management of manure and the final closure of the feedlot within one year of ceasing operation. The closure shall include the following:
         (a)   Cleaning of the buildings and the emptying and proper disposal of manure from all manure storage structures;
         (b)   As soon as practicable after completing the requirements herein, the landowner, owner and operator of any feedlot shall reduce soil nitrogen by planting, growing and maintaining alfalfa, grasses or other perennial forage for at least five years;
         (c)   Within 60 days after final closure, submit a certified letter to the County Feedlot Officer stating that the animal feedlot or the manure storage area has been closed according to the requirements in this part. The letter must identify the location of the animal feedlot or manure storage area by county, township, section and quarter section; and
         (d)   The County Feedlot Officer shall conduct an onsite inspection of the feedlot to assure the closure was properly completed.
      (2)   Disposal of animal carcasses.
         (a)   General. All animal feedlot owner/operators shall submit a mortality plan on a form provided by the County Feedlot Officer. At no time shall feedlot-animal mortality be visible to the public from any public area or neighboring residence, except during a catastrophic death and notice has been given to the County Feedlot Officer and the State Board of Animal Health within 24 hours of occurrence. Board of Animal Health rules and recommendations shall prevail to this ordinance during catastrophic death loss events or unique situations where normal processing of livestock is not feasible and as new disposal techniques are adapted.
         (b)   Dead animal containment (rendering pick-up structure). Rendering pick-up structures shall meet the following minimum standards.
            1.   At all times structure shall be animal proof to prevent scavenging.
            2.   Structure shall contain a roof made out of solid material. A rendering pick-up structure shall be exempt from having a roof if sidewalls are a minimum of six feet high.
            3.   Structure shall be located out of the road right-of-way.
            4.   Structure setback from streams, river, drainage ditch and lakes shall be a minimum of 300 feet.
         (c)   Burial of animal mortality. Written approval for burial of animal mortality may be required from the County Feedlot Officer. Minimum burial requirements shall be met or exceeded.
            1.   Carcass must be buried at least three feet deep;
            2.   Carcass must be five feet above seasonal high water table;
            3.   Maximum of 2,000 pounds of carcass/burial pit/acre;
            4.   Prohibited in areas subject to surface water flooding; and
            5.   Must entirely cover each day’s deposit with a layer of dirt.
         (d)   Burning of animal mortality. Burning of animal mortality is allowed only in MPCA approved incinerators.
         (e)   Composting of animal mortality. Composting of animal mortality shall comply with Minnesota Rules, Part 1721.0740 as follows:
            1.   Carcasses must be covered with litter at all times. The ratio of carbon to nitrogen in each compost pile must be between 15:1 and 35:1. Each pile must be turned completely at least once every 21 days to add essential oxygen to the composting material. The composting material must be kept moist to ensure proper bacterial growth. The compost pile temperature must reach a minimum of 130 degrees Fahrenheit during each of two heating cycles during the composting process. Flies, rodents, and other vermin must be controlled around composting sites. The finished product resulting from the composting of animal carcasses must not contain visible pieces of soft tissue.
            2.   Composting structure must:
               a.   Be built on an impervious pad;
               b.   Be covered with a roof to prevent excessive moisture on the composting material or if sawdust or other water-repelling material is used as bulking agent, a roof may not be require;
               c.   Be built of rot-resistant material that is strong enough to withstand the force exerted by the equipment;
               d.   Be large enough to handle each day’s normal mortality through the endpoint of the composting that consists of a minimum of two heat cycles; and
               e.   The composting structure shall have the following setbacks:
                  i.   Residences (other than owner/operators): 300 feet;
                  ii.   Public road (from the centerline): 125 feet;
                  iii.   Rear and side yard: 40 feet; and
                  iv.   Existing feedlot under separate ownership: 300 feet.
      (3)   Silage stacks. Silage stacks sites must be located and constructed such that silage leachate runoff from the site does not discharge to waters of the state. Silage stacks, which are an accessory use of a feedlot, shall be setback 80 feet from rear and side yard boundaries and shall have a front yard setback of 125 feet from the centerline of all road(s). Silage stacks, which are not an accessory use, shall be required to obtain a conditional use permit. (Silage stacks include, but are not limited to, silage bunkers, silage pads and silage bags.)
   (I)   Administration and enforcement.
      (1)   Feedlot Officer. The County Board shall appoint a County Feedlot Officer to administer and discharge the duties of this feedlot ordinance.
      (2)   Duties and powers. The County Feedlot Officer shall have the following duties and powers:
         (a)   Administer and enforce the County Feedlot Ordinance;
         (b)   Review permits as set forth in this ordinance;
         (c)   Assist feedlot owners/operators with the county permitting process including applications for a NPDES, SDS, construction short-form and interim permits;
         (d)   Process applications to ensure compliance with county and state regulations;
         (e)   Issue interim permits or construction short-forms;
         (f)   When appropriate, forward applications for permits along with recommendations, to the MPCA;
         (g)   Maintain records including all construction short-form, interim permits and land application of manure agreements;
         (h)   Provide and maintain a public information bureau relative to this ordinance;
         (i)   Educate the public and feedlot owner/operators concerning provisions of this ordinance;
         (j)   Inspect feedlot operations to ensure compliance with the standards of this ordinance;
         (k)   Receive and review application requests for action by the Board of Adjustment and/or the County Planning Commission and provide such information as necessary for action to be taken;
         (l)   Revoke or suspend an interim permit after a hearing before the Feedlot Officer;
         (m)   Maintain a record of all notifications received from livestock production facility operators claiming the hydrogen sulfide ambient air quality standard exemption, including the days the exemption was claimed and the cumulative days used;
         (n)   Submit an annual report to the Commissioner by April 1 of each year, in a format requested by the Commissioner;
         (o)   Complete the required County Feedlot Officer training necessary to perform the duties described under this part;
         (p)   Review and process complaints; and
         (q)   Locate and register all animal feedlots that remain unregistered.
      (3)   Complaint or emergency inspection. In addition to the enforcement inspections, the County Feedlot Officer shall have the right to undertake inspections upon notice, at a reasonable time based upon a signed written complaint, or the reasonable belief of the existence of a material violation of this ordinance.
      (4)   Interference prohibited. No person shall hinder or otherwise interfere with the County Feedlot Officer in the performance of duties and responsibilities required pursuant to this ordinance.
      (5)   Access to premises. Upon request of the County Feedlot Officer, the applicant, permittee, owner/operator or any other person shall allow access to the affected premises for the purposes of regulating and enforcing this ordinance. Failure to provide reasonable access to the County Feedlot Officer constitutes grounds for revocation of registration, construction short-form or an interim permit.
      (6)   Fees. Application, permit or review and compliance inspection fees, and such other fees required by this ordinance shall be set by resolution of the County Board.
      (7)   Bio-security. The County Feedlot Officer may not enter a facility where confined farm animals are kept unless the officer follows a procedure and directive for bio-security measures that are identified by the Commissioner of the Department of Natural Resources and the Board of Animal Health. This subsection (I)(7) does not apply to emergency or exigent circumstances.
      (8)   Written complaints. The County Feedlot Officer will evaluate written or oral complaints made to the County Feedlot Officer, whether the complaining person is identified or anonymous, on a case-by-case basis.
      (9)   Variances.
         (a)   The Board of Adjustment shall have the exclusive power to order the issuance of variances from the terms of this ordinance, including restrictions based on substandard feedlots or nonconformities.
         (b)   An expansion of an existing feedlot, which does not meet setback requirements as determined by this ordinance, is not permitted unless a setback variance is granted.
   (J)   Violations and enforcement.
      (1)   Violations. Any person, firm or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
      (2)   Abandonment. Owners and operators of feedlots shall have joint and severable liability for clean up, closure or emptying of abandoned feedlots.
      (3)   Construction stop work orders. Whenever any work is being done contrary to the provisions of this ordinance, the County Feedlot Officer may order the work stopped by written notice personally served upon the owner/operator of the feedlot. All activities shall cease and desist until subsequent authorization to proceed is received from the County Feedlot Officer.
      (4)   Suspension and revocation. Any person who fails to comply with the conditions set forth on the interim permit or construction short-form permit may be subject to suspension or revocation upon written notice personally served, or mailed a written notice to the last known address by first-class mail as documented upon the permit or registration, upon the owner/operator of the feedlot by the County Feedlot Officer or the MPCA. A feedlot permit may be suspended or revoked by the County Feedlot Officer. A hearing shall be held before the Feedlot Officer when considering a suspension or revocation. Within 60 days of suspension, the operator shall submit a plan to mitigate any problems identified by the County Feedlot Officer or the feedlot permit shall be revoked. After revocation, the operator may submit a new application for a feedlot permit and shall include a plan to mitigate any problems identified by the County Feedlot Officer. Revocation is issued by the County Feedlot Officer. Any suspension or revocation decisions made by the County Feedlot Officer may be appealed to the Agency.
      (5)   Injunctive relief and other remedies. In the event of a violation of this ordinance, the county may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate such violations. All costs incurred for corrective action may be recovered by the county in a civil action in any court of competent jurisdiction or, at the discretion of the county, the costs may be certified to the County Auditor as a special tax against the real property. These and other remedies, as determined appropriate by the county, may be imposed upon the applicant, permittee, installee or other responsible person either in addition to or separate from other enforcement actions.
      (6)   Costs of enforcement. In the event that the County Feedlot Officer is required to take action to abate a violation of this ordinance or undertake regular monitoring of a regulated feedlot to ensure compliance with the requirements of this ordinance the costs of the abatement action and/or monitoring may be certified to the County Auditor as a special tax against the real property.
(Ord. 97, passed 7-21-2009; Ord. 105, passed 8-2-2011; Ord. 147, passed 8-3-2021; Ord. 160, passed 2-4-2025; Ord. 161, passed 3-18-2025)

§ 6.07 SPECIFIC STANDARDS FOR AGRICULTURAL, NATURAL RESOURCES AND RELATED USES.

   (A)   Agricultural chemicals, seed and fertilizer sales, agriculturally-oriented business, grain elevator, grain storage and drying (commercial), livestock sales barn. Within the A-1 District, these uses shall require a conditional use permit and site plan approval. The following standards shall apply.
      (1)   Site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
      (2)   Outdoor storage areas shall be screened from adjacent residences as specified under landscaping requirements found in § 6.15.
      (3)   Custom meat processing: all custom meat processing activities, including animal slaughter, shall take place within a completely enclosed building with adequate soundproofing and odor control and will meet all federal and state requirements for humane slaughter and meat inspection.
   (B)   Ethanol or biofuel production, commercial. Within the A-1 District, commercial ethanol or biofuel production shall require a conditional use permit and site plan approval. The following standards shall apply.
      (1)   Site plan. Site plan review shall be required.
      (2)   Access. The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study may be required.
      (3)   A noise and odor management plan may be required. Noise and odor levels from the facility shall be in compliance with applicable State Environmental Quality Board regulations in effect at the time the permit application is submitted. The applicant shall appropriately demonstrate compliance with the above noise and odor requirements as part of the conditional use permit approval process.
      (4)   Setback. Any buildings or structures on the site shall be located at least 500 feet from any residential property boundary.
   (C)   Agritourism. Activities offered on a seasonal, occasional, regular or year-round basis to the general public, invited groups or visitors on a farm or parcel of at least five acres of land. Activities must be related to agriculture or tourism and accessory to the agricultural or community use, and may include, harvest festivals, barn dances, museums, weddings, wedding receptions, event center/indoor recreation facilities, haunted houses, art and craft fairs, corn mazes, pizza farms, farm dinners, haunted hay rides, sleigh rides, farm tours or similar uses. Agritourism may not include activities that include the discharge of firearms, competitions among motorized vehicles or other events that the county determines to be incompatible with the community’s character or intent of the Unified Development Code.
      (1)   Minimum acreage and location. At least five acres in size and be located at least 500 feet from a residence or residentially platted parcel.
      (2)   Access and roadways. The site must be accessed via a road of sufficient capacity to handle the anticipated traffic. If an agritourism use is accessed from a county-maintained highway, the County Engineer may recommend conditions to address ingress, egress, signage, and sight-distance concerns. A traffic study may be required.
      (3)   Site plan and parking. Site plan approval shall be required; site plans shall indicate designated parking areas and signage, where present. Off-street parking shall be constructed of an all- weather surface. Signage requirements shall be as determined in the conditional use permit.
      (4)   Hours of operation. Hours of operation shall be 7:00 a.m. to 10:00 p.m. for all uses except wedding receptions which may extend to 12:00 a.m., provided there is at least 1,000 feet between the wedding reception hall and the closest off-site residence. Music may be played or performed until 9:00 p.m. for uses with an off-site residence within 1,000 feet of the agritourism structure or use. Music may be played until 12:00 a.m. for wedding receptions, provided there is at least 1,000 feet to the closest off-site residence.
      (5)   Water and sewer systems. Adequate water service and on-site or portable sewage treatment facilities.
      (6)   Other retail. May use up to 50% of the interior floor area of the structures designated for agritourism use to sell non-agricultural products.
      (7)   Food service. Any on-site preparation and handling of food or beverages must comply with all applicable federal, state and local standards. Alcohol may be served with a consumption-and-display permit, a temporary one-day consumption-and-display permit or a caterer’s permit. A structure used for agritourism may include a kitchen for the following purposes:
         (a)   Proper assembly, service and storage of food catered from another location;
         (b)   To produce value-added food products from farm products, such as jams, jellies, pickles, pizza, fermented foods, milk products, pies, jerky or similar products; and
         (c)   To prepare limited items associated with typical events permitted on the property, such as pies, ice cream, sandwiches, salads, snacks and pizza.
      (8)   Signage. Signage shall comply with the “Signage Permitted with Businesses” as provided in Article 4.
      (9)   Farm stays. Any overnight stays by guests shall only be permitted in connection with an approved campground, retreat house, retreat center or bed and breakfast facility as such facilities are allowed or permitted in Article 6 of this code.
      (10)   Occupancy load. Any agritourism facility with an occupant load of 25 people or more, including employees, must provide a certificate from a licensed Minnesota architect or licensed Minnesota building official indicating:
         (a)   The uses permitted within the facility;
         (b)   The maximum number of people that may attend any event by use;
         (c)   That the facility meets the requirements of the Minnesota Building Code and Minnesota Fire Code; and
         (d)   The permitted occupancy load of any agritourism facility must be listed by use within the conditional use permit and posted and clearly visible in the entry areas of the facility.
      (11)   Agritourism in the SO Shoreland Overlay District. No agritourism use shall occur within principal setback from the Ordinary High Water Level (OHWL) of any protected water basin (lake) or any protected watercourse (stream or river) listed in § 5.01 of this code.
      (12)   Special events permit required. Special events must obtain a special event permit, as specified in § 3.09.
   (D)   Feedlots. Within the UE and VMX districts, existing feedlots may continue as conforming uses, but any expansion of an existing feedlot shall require a conditional use permit. No new feedlots or expansion or improvement of existing feedlots is allowed in the LR district or in the area extending 1,000 feet from the LR District.
   (E)   Nursery, tree farm. Within the A-1 District, a nursery or tree farm that includes retail sales to the general public shall require a conditional use permit and site plan approval. Site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
   (F)   Natural resource manufacturing and processing.
      (1)   Site plan required. Site plan approval shall be required; site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
      (2)   Outdoor storage. Outdoor storage areas shall be screened from adjacent residential or agricultural districts as specified under the landscaping requirements found in § 6.15.
   (G)   Agricultural direct-market business. A seasonal or year-round agricultural business operated on a parcel of at least five acres selling farm-raised products, including animal products such as meat, fish and eggs, produce, bedding plants, plant or wood materials, or any derivative thereof, such as jams, jellies, wool products, maple syrup and similar products. Products are sold directly to consumers without an intermediate wholesaler or distributor. This use may include, but is not limited to, pick-your-own operations, roadside stands, farm fishing and similar businesses.
      (1)   Maximum size of structures used in connection with an agriculture direct-market business shall not exceed a combined total floor area of 800 square feet.
      (2)   Sale of goods produced off-site within the A-1 Agricultural District: no more than 25% of the square footage of the farm stand may be used to stock products raised, grown, produced, or made off the farm on which the farm stand is located. The use of more than 25% of the square footage of a farm stand within the Agricultural District to stock products raised, grown, produced, or made off the farm on which the farm stand is located may be done only with a conditional use permit.
      (3)   Parking: off-street parking shall be provided outside the road right-of-way.
      (4)   Setbacks: farm stand structures and parking areas shall be located at least ten feet from any road right-of-way, and at least 50 feet from adjoining properties.
      (5)   The majority of the product sold on the property shall be grown or raised on the property.
      (6)   An agricultural direct-market business may use up to 100 square feet of retail space of the business to sell non-agricultural products. Non-agricultural products may only be sold during periods that agricultural products are also sold.
      (7)   No sale of product shall take place on any state, county or township road or right-of-way.
      (8)   All structures, including temporary structures, shall meet the minimum setback requirements of the zoning district. All buildings used in conjunction with the use shall meet the requirements of the State Building Code.
   (H)   Mineral extraction, mining.
      (1)   Conditional use permit required. A new excavation or extraction operation, or the expansion of an existing operation, shall require a conditional use permit meeting the general requirements in Articles 3, 5 and 6 and the following specific provisions.
      (2)   Application requirements. Maps of existing conditions, the proposed pit or excavation and accessory structures, and site after reclamation shall be prepared by a professional engineer or land surveyor and filed with the application.
         (a)   The existing conditions map shall include: contour lines at five-foot intervals, existing vegetation, existing drainage and permanent water areas, existing structures, existing wells.
         (b)   The proposed map shall include, location and type of structures to be erected, location of processing machinery (if any), location of sites to be mined showing depth of proposed excavation, location of excavated deposits showing maximum height of deposit, location of storage of excavated materials showing the maximum height of excavated storage materials, location of stored mining materials, location of vehicle parking, erosion and sediment control structures.
         (c)   The reclamation map shall include: final grade of proposed site showing elevations and contour lines at five-foot intervals, proper sloping of banks at a maximum of 4:1, location and species of vegetation to be replanted, location and nature and nature of any structures to be erected in relation to the end use plan.
      (3)   Topsoil removal. The mining of topsoil for permanent removal from the property is prohibited.
      (4)   Required conditions. No conditional use permit shall be issued unless, at a minimum, the following conditions are included:
         (a)   An annual review of the site by the Zoning Administrator and as needed if the Zoning Administrator, using his or her discretion, deems it necessary. A fee shall be paid by the applicant at the time the application is submitted in an amount to cover the costs of the number of annual reviews required by the permit; the number to be determined by the length of the permit;
         (b)   Provide a plan for phasing excavation so that no greater area than a ten-acre cell is open at any time and provide a plan for reclaiming areas as new phased cells are opened. Properly drain, fill or level any excavation, after created, so as to make the same safe and healthful as the Board shall determine;
         (c)   Provide a plan specifying the amount and location of excavated materials to be stockpiled on site for any length of time;
         (d)   Provide a plan for dust and noise control meeting the standards of the State Pollution Control Agency during operations, so as to not create a nuisance to adjoining properties. Any dirt or gravel deposited in the public right-of-way shall be removed at regular intervals;
         (e)   Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property;
         (f)   Limit the hours of operation from 7:00 a.m. to 7:00 p.m. Monday through Friday and from 7:00 a.m. to 12:00 p.m. on Saturdays and there shall be no mining activities on Sundays or the following observed holidays: New Year’s Day; Easter; Memorial Day; Independence Day; Labor Day; Thanksgiving; and Christmas Day. A one-hour quiet start up time is allowed prior to the above-established times;
         (g)   During operation, fence, properly guard, and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. Install an iron pipe gate (or other gate structure as approved by the County Board) at entrance access point(s) that remain locked during non-operating hours;
         (h)   Restrict runoff from the site to lake, rivers, streams or adjacent properties. The operation shall not interfere with surface water drainage beyond the boundaries of the site, nor shall it adversely affect the quality or quantity of subsurface water resources. Surface water originating outside and passing through the mining site shall, at the point of departure from the mining site, be of equal or better quality to the water where it enters the mining site. The permittee shall perform any water treatment necessary to comply with this provision at his or her or their expense; and
         (i)   Trucks entering and leaving the mining site shall utilized hard surfaced roads unless specific approval is granted by affected township(s). Should the township(s) allow for use of a non-hard surfaced road, the permittee shall provide adequate dust control so as to not create a nuisance to adjoining properties. All access roads from mining operations to public highways shall be laved or surfaced with gravel to minimize dust conditions. Provide adequate signage for public safety, such as “Trucks Hauling” signs.
            1.   All processing of mined materials on-site shall be done as to minimize adverse impacts of noise and dust on adjoining properties.
            2.   Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted. Provide, for the purpose of retaining impounded waters, a container of sufficient strength and durability and maintain such container in safe and proper condition.
            3.   Stockpile topsoil for use in reclamation in a manner that prevents soil erosion. Any soils contaminated shall be mitigated as required by the MPCA and the appropriate authorities in the manner shall be promptly notified.
            4.   Grade site after extraction is completed so as to render it usable, replace topsoil, seed where required to avoid erosion and an unsightly mar on the landscape. The permittee shall comply with all reclamation standards required by the Board and shall follow the recommendations of the SWCD.
            5.   Structures, storage of excavated materials or topsoil, and the excavation edge shall be setback at least 300 feet from any protected water and at least 100 feet from an adjoining property line or public right-of-way. Mining and mining material operations and processing shall not be conducted within 100 feet of an adjoining property line or public right-of-way. No on-site processing of materials or storage of excavated materials or topsoil shall occur within 1,000 feet of a residence.
            6.   The permittee shall be responsible for maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the permittee can prove to the Zoning Administrator’s satisfaction that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority’s satisfaction.
            7.   Permittee shall be subject to review and compliance of the above-listed conditions. The county may enter onto the premises at reasonable times and in a reasonable manner to ensure the permit holder is in compliance with the conditions and all other applicable statues, rules and ordinances. The County Board reserves the right to impose additional restrictions or conditions to the issuance of a conditional use permit, as it deems necessary, to protect the public interest.
      (5)   Bonding required. As a condition of granting the permit, the County Board shall require the owner, user or applicant to post a bond, in such form and sum as the Board shall determine, with sufficient surety running to the county, conditioned to pay the county the cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, in removing materials from any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the County Engineer; and conditioned further to comply with all the requirements of this ordinance and the particular permit, and to pay any expense the county may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. In addition, a performance surety shall be provided in the amount of $50,000. The surety shall be used to reimburse the county for any monies, labor or material expended to bring the operation into compliance with the conditions of the permit.
      (6)   Duration of permit. The duration of the conditional use permit shall not exceed five years. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and property close the site.
      (7)   Renewal. As a condition of renewal of a conditional use permit for excavation or extraction, the applicant must provide evidence of an active operation during the prior permit period.
   (I)   Hunting shacks.
      (1)   Density standards.
         (a)   One shack or dwelling per lot of record if the general standards in this section can be met.
         (b)   One shack per new lot if the new lot is ten acres or more and the general standards in this section can be met.
         (c)   One shack per 80,000 square feet, with a minimum of 60,000 square feet to be left in the natural state, if the general standards and the leasing standards can be met. Note: existing shacks will be counted in density calculations.
      (2)   General standards.
         (a)   Septic systems are not allowed (except within a group leasing situation). Pit toilets must be built according to State Pollution Control Agency and the State Department of Health standards, through the county sewage permit process.
         (b)   Wells and running water systems are not allowed. This prohibition applies to any water supply, including tanks of water brought in and either pumped or gravity flowed and discharged from the shack via a pipe or hose. Water in hand carried containers may be utilized but may not be employed so as to cause a discharge of sewage from a pipe or hose.
         (c)   Floor area must not be over 250 square feet. Any deck or porch area shall be included as part of the square foot calculations and shall be considered as part of the structure.
         (d)   The maximum height permitted is one story. That is no more than 14 feet above grade and includes any pilings or blocks the shack may be placed on. No basement area is permitted.
         (e)   The 200-foot setback from ordinary high water mark must be adhered to on all structures except docks.
         (f)   A shack located within the Shoreland District must have at least 200 feet of shoreline.
         (g)   Each lot must be adjacent to a public road or a recorded easement to allow access.
         (h)   The shacks must be removed if found in a dilapidated and/or abandoned conditions.
         (i)   A land survey by a registered land surveyor may be required.
      (3)   Leasing standards.
         (a)   There must be 200 feet of shoreline for each shack unless a cluster lease plan is approved, where the total shoreland shall be 200 feet times the number of shacks.
         (b)   Lots of less than ten acres created after the date of this amendment, August 22, 1989, will not qualify for building permits. If the newly created lot is ten acres or more, the owner of the lot may lease hunting shacks in accordance with leasing standards put forth in this section.
         (c)   Clustering will be allowed and density bonuses may be granted if common docks and launch areas are utilized or if other wildlife benefitting measures are incorporated into the operating plan. All Department of Natural Resources standards will be adhered to.
         (d)   The leased shack areas must be accessible for inspection and safety purposes.
      (4)   Application guidelines.
         (a)   The conditional use permit application must be accompanied by maps showing topography, ordinary high water line, existing structures, land ownership, elevations, roads, vegetation and proposed shack sites and natural land.
         (b)   Applications for leasing must also show an operating plan, including sewage systems, roads, lake access and other applicable features.
         (c)   The county may request additional information from the applicant if conditions warrant.
         (d)   The county may impose additional conditions on the conditional use permit.
         (e)   The county may require bonding to protect against future public costs.
      (5)   Permit cancellation. The permit may be canceled at any time the standards or conditions are not being followed but otherwise would go with the land.
(Ord. 97, passed 7-21-2009; Ord. 121, passed 6-16-2015; Ord. 125, passed 7-18-2017; Ord. 143, passed 9-15-2020; Ord. 160, passed 2-4-2025)

§ 6.08 A-1 AGRICULTURAL PROTECTION DISTRICT STANDARDS.

   (A)   Purpose. The purpose of the Agricultural Protection District is to implement the following objectives, based on the goals and policies of the County Comprehensive Plan:
      (1)   Maintain the rural agricultural character of the county;
      (2)   Maintain active agricultural uses as an integral part of the county’s economy;
      (3)   Minimize conflicts between agricultural and non-agricultural uses;
      (4)   Encourage development and retention of agriculturally-related businesses; and
      (5)   Allow limited residential development in agricultural areas where it does not infringe on high-quality farmland soils or agricultural operations.
   (B)   Permitted uses.
      (1)   Agriculture and incidental agriculture-related uses, including agricultural building(s);
      (2)   Feedlots.Pursuant to § 6.06(C)(9), new animal feedlots are prohibited from locating 2,640 feet or less from an incorporated municipality, however, new animal feedlots located greater than 2,640 feet and less than or equal to 5,280 feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board;
      (3)   Feed and seed sales;
      (4)   Forestry, production of woodland products, nurseries, tree farms;
      (5)   Seasonal produce stands;
      (6)   Wildlife area, fish hatchery and forest preserve owned or operated by governmental agencies;
      (7)   Single-family detached dwellings (refer to density and other standards);
      (8)   Accessory dwelling unit pursuant to the standards in § 4.03;
      (9)   Home occupation pursuant to § 6.11(B);
      (10)   Licensed residential program (up to eight residents);
      (11)   Highway maintenance shops and yard;
      (12)   Local governmental agency building or facility, community center, Town Hall and associated accessory buildings;
      (13)   Parks and public recreation areas;
      (14)   Railroad right-of-way, but not including railroad yard;
      (15)   Family daycare;
      (16)   Group family daycare;
      (17)   Solar energy systems (accessory), pursuant to § 6.16(PP);
      (18)   Swimming pool, hot tub;
      (19)   Water-oriented accessory structures (docks, lifts and the like);
      (20)   Wind turbine, accessory;
      (21)   Standalone accessory structure(s):
         (a)   Must meet the principal setbacks; and
         (b)   Conditional accessory structure shall only be utilized with an approved conditional use permit.
      (22)   Other accessory uses and structures that are incidental to the principal use including sheds and garages;
      (23)   Removal and stockpiling of fill up to 500 cubic yards of fill, subject to review by the Planning and Zoning and/or Land and Water Resources departments.
      (24)   Agricultural direct-market business when less than 25% of products are produced off-site; and
      (25)   Sober house.
   (C)   Conditional uses (see Article 4 for accessory uses). Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this ordinance:
      (1)   Feedlots:
         (a)   Pursuant to § 6.06(C)(1), new feedlots of 50 animal units or more shall obtain a conditional use permit unless recommendations of the County Feedlot Site Inspection Team are implemented. All sites 3,000 animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
         (b)   Pursuant to § 6.06(C)(9), new animal feedlots are prohibited from locating 2,640 feet or less from an incorporated municipality, however, new animal feedlots located greater than 2,640 feet and less than or equal to 5,280 feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a conditional use permit from the County Board.
         (c)   Pursuant to § 6.06(E)(4), the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect.
      (2)   Agricultural chemicals, fertilizer sales;
      (3)   Agriculturally-oriented business;
      (4)   Ethanol or biofuel production, commercial;
      (5)   Grain elevator, grain storage and drying (commercial);
      (6)   Livestock sales barn and accessory facilities;
      (7)   Mineral extraction, mining;
      (8)   Natural resource manufacturing and processing;
      (9)   Two-family dwelling;
      (10)    Home occupation, pursuant to § 6.11(C);
      (11)   Temporary worker housing;
      (12)   Cemetery, memorial garden;
      (13)   Daycare center;
      (14)   Religious institution;
      (15)   Campground;
      (16)   Golf course, country club, driving range;
      (17)   Gun or archery range, indoor;
      (18)   Gun or archery range, outdoor;
      (19)   Hunting club (private), hunting preserve, hunting shacks;
      (20)   Organized group camp;
      (21)   Organized motor sports: ATVs, trucks, tractors or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events);
      (22)   Paint ball course;
      (23)   Riding academy, boarding stable;
      (24)   Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services;
      (25)   Bed and breakfast;
      (26)   Veterinary and animal clinic and facilities for the care and/or breeding of animals, including kennel and animal crematorium;
      (27)   Storage, bulk;
      (28)   Landfill (sanitary), recycling facility;
      (29)   Antenna for radio, television and communication facilities;
      (30)   Essential services, facilities and structures;
      (31)   Wind farm;
      (32)   Keeping of animals other than household pets (non-farm);
      (33)    Kennels, commercial;
      (34)   Other accessory uses and structures that are incidental to the principal use;
      (35)   Solar farms;
      (36)   Trucking company or contractor's yard, as defined in § 8.03, when located at least 500 feet from a residence, other than the owner of the company or contractor's yard;
      (37)   Agritourism;
      (38)   Agricultural direct-market when 25% or a greater percentage of products are produced off-site;
      (39)   Agricultural equipment sale;
      (40)   Cannabis cultivation;
      (41)   Cannabis manufacturer;
      (42)   Hemp manufacturer;
      (43)   Cannabis transportation; and
      (44)   Cannabis delivery (up to five vehicles).
   (D)   Density standards. The base density permitted in the A-1 District is one dwelling unit per quarter-quarter section or parcel of record. Dwellings existing at the time of the adoption of this ordinance will be included when determining whether or not a quarter-quarter section is at its maximum density. The density within a quarter-quarter may be increased pursuant to the provisions of § 6.09 (Transfer of development rights (TDR)).
   (E)   Dimensional standards. Development within the Agricultural Protection District shall be subject to the following minimum dimensional standards (amended 9-15-2009 and 6-21-2011):
      (1)   Lot area:
         (a)    Single-family dwelling, standard lots: one acre minimum; maximum of five acres for new residential lots for new lots in major subdivisions as defined herein;
         (b)   Other principal permitted and conditional uses: three-acre minimum or as specified by conditional use permit; and
         (c)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 100 feet, 75 feet (conservation subdivision).
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
 
Standard Lots
Conservation Subdivision
Front yard
75 feet
75 feet
Side yard
40 feet (standard lot)
10 feet (conservation subdivision)
Rear yard
40 feet (standard lot)
10 feet (conservation subdivision)
 
      (4)   Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard: same as principal structure;
         (b)   Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height); and
         (c)   Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height).
      (5)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with and recorded by the County Recorder of Deeds and a copy provided to the Zoning Administrator.
      (6)   Maximum impervious surface coverage: none.
      (7)   Setback exception; residential subdivisions. All dwellings and residential accessory structures in residential subdivisions within the A-1 Agriculture Protection District may utilize the LR- Limited Residential setbacks for principal and accessory structures located on the interior lots. Lots located on the perimeter border of the subdivision shall use the setbacks in paragraphs (E)(3) and (E)(4) above.
   (F)   Additional requirements. Additional requirements within this ordinance and other County ordinances apply to development in the Agricultural Protection District. These include, but are not limited to, the general regulations in Article 4 and 5 and specific development standards in Article 6 of this ordinance.
(Ord. 97, passed 7-21-2009; Ord. 104.1, passed 6-21-2011; Ord. 111, passed 10-1-2013; Ord. 114, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 123, passed 9-20-2016; Ord. 125, passed 7-18-2017; Ord. 146, passed 4-20-2021; Ord. 160, passed 2-4-2025)

§ 6.09 TRANSFER OF DEVELOPMENT RIGHTS (TDR).

   (A)   Transfer of development rights (TDR) program; purpose. The purpose of the transfer of development rights program is to transfer residential density from eligible sending sites to eligible receiving sites through a voluntary process for permanently preserving rural resources and lands that provide a public benefit; the TDR provisions are intended to supplement land use regulations, resource protection efforts and open space acquisition programs and to encourage increased residential development density where it can best be accommodated with the least impact on the natural environment and public services by:
      (1)   Providing an effective and predictable incentive process for property owners with rural resources to preserve lands with a public benefit; and
      (2)   Providing an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving sites are evaluated in a timely way and balanced with other county goals and policies and are adjusted to the specific conditions of each receiving site.
   (B)   Transfer of development rights (TDR) program; sending sites. For the purpose of this chapter, a sending site means a parcel or parcels of land of at least a quarter-quarter section located within the A-1, Agricultural Protection District or, under certain restrictions, into the UE, Urban Expansion District. The parcel or parcels shall be under ownership by one person, a married couple or one corporation, a partnership or limited liability company or there must be a written agreement between all owners of a quarter-quarter section agreeing to the sale of a TDR. In addition, the sending quarter-quarter sections must not already be improved with a residence or residences.
   (C)   Transfer of development rights (TDR) program; receiving sites.
      (1)   Receiving sites located within the A-1 Agricultural Protection District must not:
         (a)   Adversely impact any significant environmental resource or environmentally sensitive areas; or
         (b)   Require public services and facilities to be extended to allow the development of the receiving site.
      (2)    Except as provided herein, development of a receiving site shall comply with dimensional standards and minimum lot standards of the underlying A-1, Agricultural Protection District or the UE, Urban Expansion District.
      (3)   If an owner intends to occupy a residence, a TDR may be transferred to a location adjacent to a feedlot by the owner and operator of the feedlot.
      (4)   TDR may be transferred within a township or between a common owner anywhere within the county. A transfer between two owners and into another township shall be completed only by completing a conditional use permit and by following the requirements of this section.
   (D)   Transfer of development rights (TDR) program; calculations.
      (1)   The number of residential development rights that a sending site is eligible to send to a receiving site shall be determined by applying the TDR ratio of one TDR (unit) to a receiving site per quarter-quarter section from a sending site.
      (2)   The maximum number of development rights transferred to any receiving area shall not exceed eight TDRs per 40 acres if a traditional subdivision is used or 16 TDRs per 40 acres if an approved conservation subdivision is utilized.
      (3)   The TDR must come from a complete quarter-quarter section and sending quarter-quarter sections must not be improved with a residence, feedlot or commercial or industrial building(s). Any fractions of development rights that result from the calculation of a TDR shall not be included in the final determination of total development rights available for transfer.
   (E)   Transfer of development rights (TDR) program; documentation of restrictions. 
      (1)   Following the approval of the transfer of development rights from a sending site, a permanent easement documenting the development rights transfer shall be recorded in the office of the County Recorder or the Registrar of Titles against the title of the sending site parcel.
      (2)   The form of the restriction shall be approved by the County Attorney and the County Planning and Zoning Administrator.
      (3)   The planning and zoning office shall establish and maintain an internal tracking system that identifies all certified transfer of developments rights including the sending and receiving sites.
      (4)   When a transfer of development rights has occurred, the TDR restriction shall be documented on a map of the county. The approved TDR restriction shall take the form of an easement and identify limitations on future residential development consistent with this code.
   (F)   Transfer of development rights (TDR) program; transfer process.
      (1)   Following review and approval of the sending site application by the County Planning and Zoning Administrator, a TDR certificate letter of intent, agreeing to issue a TDR certificate shall be prepared authorizing an exchange for the proposed sending site transfer of development rights easement. The sending site owner may then market the TDR sending site development rights to potential purchasers. If the TDR sending site that has been reviewed and approved by the County Planning and Zoning Administrator changes ownership, the TDR certificate letter of intent may be transferred to the new owner if requested in writing to the Planning and Zoning Administrator by the person or persons that owned the property when the TDR certificate letter of intent was issued. Documentation evidencing the transfer of ownership must also be provided to the County Planning and Zoning Department with the letter request.
      (2)   In applying for receiving site approval, the applicant shall provide the County Planning and Zoning Department with the following:
         (a)   A TDR certificate letter of intent issued in the name of the applicant, and a copy of a signed option to purchase the TDR sending site development rights; and
         (b)   An application for a preliminary plat to subdivide the property through the process described in this code. The public hearing for the preliminary plat shall also function as the hearing authorizing the use the TDR sending certificates.
      (3)   All receiving sites must be located within a platted subdivision or be approved by minor subdivision to include a survey prepared by a licensed Minnesota land surveyor. Prior to any subdivision or the issuance of any Zoning Permit to construct a new residence, the receiving site applicant shall deliver the TDR certificate issued in the applicant’s name for the number of TDR development rights being used and the TDR extinguishment document in the form of a permanent easement to the County Planning and Zoning Administrator. Both the TDR certificate issued and the extinguishment document in the form of a permanent easement shall be recorded with the office of the County Recorder or the Registrar of Titles with or prior to the recording of a deed to transfer title.
      (4)   When the receiving site development proposal requires a public hearing under this title or its successor, that public hearing shall also serve as the hearing on the TDR proposal. The reviewing authority shall make a consolidated decision on the proposed development and use of TDR development rights and consider any appeals of the TDR proposal under the same appeal procedures set forth for the development proposal.
      (5)   When the development proposal does not require a public hearing under this title, the TDR proposal shall be considered along with the development proposal, and any appeals of the TDR proposal shall be considered under the same appeal procedures set forth for the development proposal.
      (6)   Development rights from a sending site shall be considered transferred to a receiving site when a final decision is made on the TDR receiving area development proposal, the sending site is permanently protected by a completed and recorded land dedication easement and notification has been provided to the County Planning and Zoning Administrator of the recording of the documents.
   (G)   Sunset provision. The Planning and Zoning Administrator shall annually prepare a report regarding the use of TDRs within the county by January 31 of each year to assist the Planning Commission and the County Board in assessing the TDR program. To be valid, a TDR must be duly recorded by the office of the County Recorder or the Registrar of Titles by that date. Any unrecorded TDR will not be valid.
(Ord. 97, passed 7-21-2009; Ord. 128, passed 3-20-2018; Ord. 160, passed 2-4-2025)

§ 6.10 GENERAL STANDARDS FOR RESIDENTIAL DISTRICTS.

   Gasoline storage in a Residential District. No underground gasoline storage shall be permitted, except when part of a farming operation and located not less than 50 feet from any dwelling, adjoining property line, well or public road or highway.
(Ord. 97, passed 7-21-2009)

§ 6.11 SPECIFIC STANDARDS FOR RESIDENTIAL AND RELATED USES.

   (A)   Boarding house.
      (1)   The use must be located within a single-family dwelling, and shall be considered the principal use on the property.
      (2)   The exterior appearance of the structure shall not be altered from its single-family residential character.
   (B)   Home occupation, permitted. A home occupation is allowed in any district where residential uses are permitted. Permitted home occupations include the following: offices; professional services; art or craft studios; hair styling salon or barber; dog grooming; teaching; tutoring or counseling; single truck owner operators; and similar activities that involve little additional traffic or external evidence of the use. All home occupations shall conform to the following standards.
      (1)   The occupation shall be conducted only by person(s) residing in the dwelling.
      (2)   The home occupation shall be incidental and subordinate to the use of the property for residential purposes.
      (3)   No traffic shall be generated by the home occupation beyond that which is reasonable and normal for the area in which it is located. Events that attract traffic in excess of this amount shall be regulated as special events if they meet the special event standards in § 3.09.
      (4)   One non-illuminated sign no more than four square feet per surface may be permitted.
      (5)   Entrance to the home occupation shall be from within the structure. Any exterior evidence of the business shall be compatible with surrounding uses.
      (6)   The home occupation shall not result in increased usage of the septic system beyond the system’s capacity.
      (7)   One additional parking space shall be provided for the use of clients, deliveries and the like, located outside of any required setback.
   (C)   Home occupation, conditional. Conditional use home occupations include the following: craft or trade workshops; small engine repair; dog “daycare”; and similar activities requiring the use of outdoor space or accessory buildings. In addition, any home occupation that exceeds any of the standards for permitted home occupations may be allowed as a conditional use in any district where residential uses are permitted.
      (1)   No more than two persons at any given time other than person(s) residing in the dwelling shall be employed in conjunction with the home occupation.
      (2)   The home occupation may be conducted in an accessory building or attached garage not exceeding 2,000 square feet of gross floor area.
      (3)   Up to three additional parking spaces shall be provided to accommodate any additional parking required by the home occupation, located outside of any required setback.
      (4)   No outdoor display of good is permitted.
      (5)   Outdoor storage shall be screened from adjacent residences as specified under commercial landscape requirements in § 6.15, and must be in character with neighborhood.
      (6)   An outside entrance may be provided.
      (7)   One non-illuminated sign no more than 12 square feet in size may be provided.
      (8)   No equipment or processes used in the home occupation shall create noise, vibration, glare, fumes, odors or electrical interference detectable off the premises.
      (9)   No traffic shall be generated by the home occupation beyond that which is reasonable and normal for the area in which it is located. Events that attract traffic in excess of this amount shall be regulated as special events if they meet the standards in § 3.09.
      (10)   Operations that expand to exceed the standards of this subsection (C) and their conditional use permit may be required to reduce the scope of their activities to comply with those standards.
   (D)   Licensed residential program. A licensed residential care facility shall comply with the following standards.
      (1)   The building and any exterior fenced areas shall meet the setback and dimensional standards for a single-family residence.
      (2)   The use shall comply with all applicable federal, state and county rules and regulations.
      (3)   The facility shall be licensed by the appropriate state agency.
      (4)   The exterior appearance of the structure shall not be altered from its single-family residential character.
      (5)   The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals.
   (E)   Manufactured home park.
      (1)   Area and dimensional standards.
         (a)   The minimum required area for a manufactured home park shall be ten acres.
         (b)   A minimum area of 4,000 square feet shall be provided for each residence.
         (c)   Setback requirements shall be as follows:
            1.   Front yard setbacks: 25 feet from curb of interior streets;
            2.   Side yard: ten feet between side yards; a minimum separation of 30 feet between manufactured homes or other structures;
            3.   Rear yard: 15 feet; and
            4.   Adjacent to public streets or roads, the setbacks of the primary zoning district shall be met.
         (d)   Maximum lot coverage: 25%.
      (2)   Design standards:
         (a)   Vehicular access points shall be subject to review and approval of the County Engineer.
         (b)   All streets shall be hard-surfaced; street width shall be as specified for private streets in § 3.06. Streets shall be lighted and designed per county road standards.
         (c)   A minimum of one off-street parking space shall be provided for each manufactured home.
   (F)   Multi-family dwelling. Within the VMX and LR Districts, new multi-family units may be allowed as a conditional use meeting the following requirements.
      (1)   A maximum of four units may be permitted within any building or on a single parcel.
      (2)   When present in a mixed use building in the VMX District, multi-family units shall be located above the first floor with other allowed nonresidential uses on the ground floor.
      (3)   All county SSTS standards shall be met.
   (G)   Sober house. The purpose of this section is to set forth standards and conditions pertaining to a request for reasonable accommodation. Sober house shall be permitted in zoning districts where residential uses are allowed except in the I General Industrial, HC Highway Commercial and CLR Closed Landfill Restricted Districts.
      (1)   Standards and conditions. A request for reasonable accommodation for this use as required under the Federal Fair Housing Act Amendments of 1988 by providing an exception to the maximum number of unrelated persons living together in a dwelling unit shall automatically be granted if the following standards and conditions are met. This does not limit Waseca County from granting additional reasonable accommodation for this use under the general provisions of the Unified Development Code.
         (a)   The operator shall submit a request for reasonable accommodation to the Planning and Zoning Administrator on a form as provided by the county, to be approved by Waseca County Board of Commissioners, specifying the proposed maximum residential occupancy, and providing information necessary to assure the use meets applicable zoning standards.
         (b)   For a structure serving 17 or more potential sober house occupants, a conditional use permit is required.
         (c)   A sober house shall be required to adhere to applicable county regulations and all applicable federal and state laws.
   (H)   Temporary worker housing. Temporary housing for migratory or other farm workers shall comply with the following standards.
      (1)   The dwelling unit shall be located upon the property where the worker is employed.
      (2)   Occupancy is limited to eight months of each year.
      (3)   The unit, whether site built or manufactured, shall meet all requirements of applicable state manufactured housing codes and any applicable local building codes in effect at the time of construction.
      (4)   All buildings used as temporary housing shall have a permanent, continuous perimeter foundation.
      (5)   Occupancy per unit shall be limited to standards established by the state and the local Fire Department Official.
      (6)   Sanitary facilities shall meet the county SSTS standards.
      (7)   Site and structural improvements (parking, recreation space, site layout and the like) shall be determined by the Planning Commission.
      (8)   A temporary dwelling unit shall not be considered in the calculation of residential density as set forth in this ordinance.
   (I)   Two-family dwelling.
      (1)   The site must possess the zoning district’s minimum lot size for two-family dwellings.
      (2)   Front entrance location.
         (a)   Access to the second dwelling unit shall be either through a common hallway with one front entrance, or by means of a separate entrance.
         (b)   The primary entrance to at least one unit shall be located on the facade fronting a public or private street or private lane or access easement.
(Ord. 97, passed 7-21-2009; Ord. 149, passed 2-1-2022)

§ 6.12 RESIDENTIAL, INSTITUTIONAL AND CIVIC USES OFF-STREET PARKING REGULATIONS.

   All vehicle parking for residential, institutional and civic uses hereafter constructed or maintained shall conform to the applicable provisions of this ordinance; required off-street parking areas shall meet the following design standards.
   (A)   Minimum parking space size and adequate access. Each parking space shall have a width of not less than ten feet and a depth of not less than 20 feet. Each parking space shall be adequately served by access drives.
   (B)   Reduction and use of parking areas. On-site parking facilities existing at the effective date of this ordinance shall not subsequently be reduced to an amount less than that required under this ordinance for a similar new building or use. On-site parking facilities provided to comply with the provisions of this ordinance shall not subsequently be reduced below the requirements of this ordinance. Such required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.
   (C)   Handicapped parking. Off-street parking areas shall be designed to meet the number, placement, size and marking and identification requirements for handicapped parking contained in federal and state statutes.
   (D)   Yards. On-site parking facilities shall not be subject to the front yard, side yard and rear yard regulations for the use district in which parking is located.
   (E)   Access.
      (1)   Parking spaces shall have proper access from a public right-of-way.
      (2)   The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard. Frontage roads or service roads may be required when, in the opinion of the County Planning Commission, such service roads are necessary to maintain traffic safety.
      (3)   Vehicular access to business or industrial uses across property in any residential District shall be prohibited.
   (F)   Location and maintenance of parking facilities.
      (1)   Required on-site parking space shall be provided on the same lot as the principal building or use.
      (2)   The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a neat and adequate manner.
   (G)   Location of off-street parking required site plan. Any application for a building permit shall include a site plan or plot plan drawn to scale and dimensioned, showing on-site parking and loading space to be provided in compliance with this ordinance. Marking and delineation of off-street parking areas may be required as part of a site development plan or subdivision approval.
   (H)   Required number of off-street parking spaces for residential, institutional and civic uses.
      (1)   Adequate parking required. On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use.
      (2)   Computation of required spaces. In computing the number of such parking spaces required, the following rules shall govern.
         (a)   Floor space shall mean the gross floor area of the specific use.
         (b)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
         (c)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature, as determined by the County Board and the Planning Commission.
         (d)   In places of public assembly, in which patrons occupy benches, pews or similar facilities, each 22 inches of such seating facility shall be counted as one seat for the purposes of determining requirements.
      (3)   Principal use. In all districts, off-street parking shall be required based on the principal use of the lot in the amounts listed in Table 6-6, below.
Table 6.6 Off-Street Parking Requirements for Residential,
Institutional and Civic Uses
Use Category or Type from Table 6-10
Required Spaces
Table 6.6 Off-Street Parking Requirements for Residential,
Institutional and Civic Uses
Use Category or Type from Table 6-10
Required Spaces
Institutional and civic uses - community services except cemetery
1 for each 4 seats provided or 1/1,000 sq. ft. of gross floor area
Institutional and civic uses - cemetery
1/4,000 sq. ft. of gross land area
Institutional and civic uses - educational institutions except secondary school
1/each employee plus 1/each 4 students, based on design capacity
Institutional and civic uses - health care and social services
4/1,000 sq. ft. of gross floor area
Institutional and civic uses - secondary school
1/each employee plus 1/each 6 students, based on design capacity
Institutional and civic uses - public parks and open space
1/5,000 sq. ft. of gross land area
Residential uses - group living
1 per dwelling unit plus one for every two bedrooms
Residential uses - household living
1 per dwelling unit
 
(Ord. 97, passed 7-21-2009)

§ 6.13 SPECIFIC STANDARDS FOR INSTITUTIONAL AND CIVIC USES.

   (A)   Cemetery. Any new or expanded cemetery shall comply with the following requirements.
      (1)   Burial plots and headstones shall be located a minimum of 15 feet from all lot boundaries.
      (2)    Minimum area: any lot with a cemetery as the principal use shall be at least three acres in size.
   (B)   Daycare center. The following standards apply to daycare centers, both permitted and conditional, and to family or group daycare accessory to a residential use.
      (1)   Within a residential or agricultural district, the building and any exterior fenced area shall meet the setback requirements for a single-family residence.
      (2)   The use shall comply with all applicable federal, state and county rules and regulations.
      (3)   For child daycare facilities, at least 50 square feet of outside play area shall be provided for each child under care.
      (4)   For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care.
      (5)   When the daycare facility is located in a church or school building originally constructed for use as a church or school, the use shall be treated as an accessory use.
   (C)   Religious institution. The following standards shall apply both to permitted and conditional uses.
      (1)   Site plan review shall be required.
      (2)    The site must be accessed via a road of sufficient capacity to handle the anticipated traffic. A traffic study may be required.
      (3)   One accessory single-family residential use on the same lot as the religious institution shall be allowed.
      (4)   Any other uses of the facility, such as a school or daycare center, shall be treated as a separate use.
   (D)   Highway maintenance shop and yard.
      (1)   Site plan. Site plan review shall be required. Special attention shall be paid to outdoor storage and the prevention of nuisance to adjacent properties.
      (2)   Hours of operation. The Planning Commission may limit the hours of operation shall be limited so as to prevent an adverse impact on adjacent property owners.
      (3)   Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
   (E)   Private school.
      (1)   Site plan. Site plan review shall be required.
      (2)   Off-street parking. Parking shall be provided in the side or rear yard and shall be completely screened from view of any adjoining residential properties as described found in § 6.15.
      (3)   Building proximity to property line. No building shall be located within 30 feet of any property line unless the lot is adjacent to a nonresidential use.
      (4)   Lighting. All exterior lights must be directed downward and not produce glare on adjoining residential properties.
      (5)   Screening. Vegetative screening and buffers shall be provided where the lot abuts residentially used properties as required by the County Zoning Administrator.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

§ 6.14 LR LIMITED RESIDENTIAL DISTRICT.

   (A)   Purpose. The purpose of the Limited Residential District is to implement the following objectives, based on the goals and policies of the County Comprehensive Plan:
      (1)   Allow limited residential development within the Shoreland Overlay District of the general development and recreational development lakes (except Goose Lake, due to the shallow nature of this water body), as shown on the approved zoning map, and in areas between general development lakes and natural environment lakes where a parcel is: within one mile of a general development as shown on the approved zoning map; and where a concept plan was submitted prior to the approval of this code. The goal is to allow growth in areas that are not well-suited for agricultural use because of soil type, topography, vegetation or other factors. Residential uses should be designed and located so as to minimize impact on natural and scenic resources. Residential uses should not interfere with existing agricultural operations;
      (2)   Promote conservation subdivision design in order to maintain contiguous blocks of economically viable agricultural land, woodlands and open space and to preserve scenic views, natural drainage systems and other desirable features of the natural environment; and
      (3)   Provide flexibility, innovation and creativity in development of lands with proximity to general development and recreational development lakes that is subject to development pressure.
   (B)   Permitted uses.
      (1)   Agriculture and incidental agriculture-related uses, including agricultural building(s) and farm homesteads;
      (2)   Forestry, production of woodland products, nurseries, tree farms;
      (3)   Seasonal produce stand;
      (4)   Wildlife area, fish hatchery and forest preserve owned or operated by governmental agencies;
      (5)   Single-family detached dwelling (refer to density and other standards);
      (6)   Accessory dwelling unit, pursuant to the standards in § 4.03;
      (7)   Home occupation, pursuant to § 6.11(B);
      (8)   Licensed residential program (up to eight residents);
      (9)   Local governmental agency building or facility, community center, Town Hall and associated accessory building(s);
      (10)   Parks and public recreation areas;
      (11)   Religious institution;
      (12)   Barber, beauty shop;
      (13)   Bed and breakfast;
      (14)   Railroad right-of-way, but not including railroad yard;
      (15)   Family daycare;
      (16)   Group family daycare;
      (17)   Solar energy systems, pursuant to § 6.16(PP);
      (18)   Swimming pool, hot tub;
      (19)   Wind turbine, accessory; and
      (20)    Sober house; and
      (21)   Other accessory uses and structures that are incidental to the principal use.
   (C)   Conditional uses (see Article 4 for accessory uses).
      (1)   Two-family dwelling;
      (2)   Boarding house;
      (3)   Home occupation; pursuant to § 6.11(C);
      (4)   Multi-family dwelling;
      (5)   Temporary worker housing;
      (6)   Cemetery, memorial garden;
      (7)   Daycare center;
      (8)   Campground;
      (9)   Golf course, country club, driving range;
      (10)   Hunting club (private) hunting preserve;
      (11)   Organized group camp;
      (12)   Riding academy, boarding stable;
      (13)   Essential services, facilities and structures;
      (14)   Kennels, commercial;
      (15)   Water-oriented accessory structures (docks, lifts and the like); and
      (16)   Agritourism.
   (D)   Density standards. The base density permitted in the LR District is eight dwelling units per quarter-quarter section. A dwelling that is part of a farmstead is counted as a dwelling unit. A parcel of record is entitled to one dwelling unit.
   (E)   Conservation subdivision design requirement and standards. As an incentive to protect county natural resources and promote goals of the Comprehensive Plan, conservation subdivision design is an option in the LR District.
      (1)   If conservation subdivision design is used in compliance with provisions in § 3.06, the maximum permitted residential density is 16 units per 40 acres.
      (2)   Minimum common open space: A minimum of 50% of the property shall be protected as permanent common open space, which may include agricultural uses and other uses specified in the conservation easement text.
      (3)   Open space shall be sited and designed according to the standards in § 3.06.
   (F)   Dimensional standards. Development within the Limited Residential District shall be subject to the following minimum dimensional standards:
      (1)   Lot area:
         (a)   Single-family dwelling, standard lots: one acre;
         (b)   Conservation subdivision lots: 0.75-acre minimum; two and one-half-acre maximum;
         (c)   Other principal permitted and conditional uses: two and one-half acre minimum or as specified by conditional use permit; and
         (d)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 150 feet, or 75 feet for conservation subdivision lots;
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
 
Standard Lots
Conservation lots
Front yard
40 feet
30 feet from interior road
Rear yard
30 feet
25 feet
Side yard
15 feet
10 feet
 
      (4)   Minimum setback when a property is accessed via a private road: Front yard, 25 feet.
      (5)    Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard: same as principal structure;
         (b)   Side yard: 15 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height); and
         (c)   Rear yard: 15 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height).
      (6)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds.
      (7)   Maximum impervious coverage(outside the Shoreland District): 25%; and
      (8)   Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 35 feet.
   (G)   Additional requirements. Additional requirements within this ordinance and other county ordinances apply to development in the Limited Residential District. These include, but are not limited to, the general regulations in Articles 4 and 5 and the conditional use and specific development standards found in Articles 3 through 6 of this ordinance.
(Ord. 97, passed 7-21-2009; Ord. 104.1, passed 6-21-2011; Ord. 138, passed 9-3-2019; Ord. 143, passed 9-15-2020; Ord. 160, passed 2-4-2025)

§ 6.15 GENERAL STANDARDS FOR COMMERCIAL AND INDUSTRIAL USES.

   (A)   Performance standards. It is the intent of this section to provide that uses of land and buildings in commercial and industrial districts shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each permitted use shall be a good neighbor to adjoining properties by the control of the following:
      (1)   Standards.
         (a)   Landscaping. All required yards either shall be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in an attractive and well-kept condition. Yards adjoining any residences shall be landscaped with buffer planting screens. Plans of such screen shall be submitted for approval as a part of the site plan and installed prior to occupancy of any tract in the district.
         (b)   Emissions. Emission or creation of noise, odors, heat, glare, vibration, smoke, toxic or noxious fumes, and dust or other particulate matter shall conform to standards established by the State Pollution Control Agency. Detailed plans relating to the proposed use and operation may be required before issuance of a building permit to ensure compliance with these regulations.
         (c)   Exterior lighting. Any lights used for exterior illumination shall be diffused, hooded or directed away from adjoining properties and public streets.
         (d)   Water pollution. All uses shall conform to the water pollution standards and controls enforced by the county and those adopted by the State Pollution Control Agency and other agencies and governing bodies which have such powers and controls.
         (e)   Hazard. Every use established, enlarged or remodeled shall be operated with reasonable precautions against fire and explosion hazards.
      (2)   Compliance. In order to ensure compliance with the performance standards set forth above, the County Board may require the owner or operator of any permitted or conditional use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the County Board.
   (B)   Landscaping. Yards of commercial sales and service and industrial uses adjoining any residential district shall be landscaped with planting buffer screens. Plans for such screens shall be submitted as a part of the application for zoning permit and installed as a part of the initial construction.
   (C)   Storage of materials. For any commercial sales and service and industrial uses the display of materials in the public right-of-way shall be prohibited. Any other outdoor display shall be located or screened so as not to be visible from any residential district within 1,000 feet.
   (D)   Exception to required front yard area. For commercial and industrial buildings, up to 20% of the required front yard area may be covered by arcades, canopies, roofs, solar power systems or similar architectural features.
   (E)   Parking standards for commercial and industrial uses.
      (1)   Location of required off-street parking.
         (a)   On-site parking and loading facilities shall not be subject to the front yard, side yard and rear yard regulations for the use district in which parking is located, except that in the Highway Commercial and General Industrial Districts no parking or loading space shall be located within ten feet of any property line that abuts a road or highway right-of-way, or any residential or agricultural district, except for railroad loading areas.
         (b)   No parking area shall be constructed in the required side yard of a building that is adjacent to a residential district.
      (2)   Handicapped parking. Off-street parking areas shall be designed to meet the number, placement, size and marking and identification requirements for handicapped parking contained in state statutes.
         (a)   Design and access to off-street spaces. Commercial and industrial uses shall adhere to the standards for parking areas for residential, civic and institutional uses found in § 6.12, except where it directly contradicts a standard found in this section (§ 6.15), when the standards found in this section (§ 6.15) shall be the controlling.
         (b)   Number of required spaces. In all districts, off-street parking for commercial recreation, retail, service, commercial and industrial uses shall be required based on the principal use of the lot in the amounts listed in Table 6.7 below.
 
Table 6.7 Minimum Off-street Parking Standards for
Commercial and Industrial Uses
Commercial recreation uses
1 for each 4 seats provided or 5/1,000 sq. ft. of gross floor area or gross land area
Industrial uses
No minimum or spaces as required by the Board after review by the Planning Commission in case of conditional use permit
Retail, service and commercial uses
3/1,000 sq. ft. of gross floor area or as required by the Board after review by the Planning Commission
 
      (3)   Combined parking facilities. Combined or joint parking facilities may be provided for one or more buildings or uses in any commercial or industrial District, provided that the total number of spaces shall equal the sum of the requirements for each building or use.
      (4)   Construction and maintenance.
         (a)   In any commercial or Industrial District, parking areas and access drives shall be covered with a dust-free, all-weather surface or an adequate gravel base with proper surface drainage, as required by the County Engineer.
         (b)   The operator of the principal building or use shall maintain parking and loading areas, access drives and yard areas in a neat and adequate manner.
      (5)   Lighting. Lighting shall be reflected away from the public right-of-way and nearby or adjacent residential or agricultural district.
      (6)   Off-street loading areas; commercial and industrial uses.
         (a)   Purpose. The purpose of the regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.
         (b)   Loading space and access. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicle they are designed to serve. Each loading space shall contain a minimum area of not less than 500 square feet.
         (c)   Number of loading berths. Required loading berths in connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, and which will have a gross floor area of 5,000 square feet or more, there shall be provided off-street loading space on the basis of the following minimum requirements.
 
Square Feet of Aggregate Gross Floor
Minimum Required Number of Area Berths
5,000 up to and including 16,000
1
16,000 up to and including 40,000
2
40,000 up to and including 70,000
3
70,000 up to and including 100,000
4
For each additional 40,000
1 additional
One additional loading berth shall be provided for each additional 20,000 square feet or fraction thereof of gross floor area
 
      (7)   Off-street loading area design standards. Required off-street loading areas shall meet the following design standards.
         (a)   Size. Each loading berth shall be not less than 15 feet in width, 60 feet in length, and 15 feet in height. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicle they are designed to serve. Each loading space shall contain a minimum area of not less than 500 square feet.
         (b)   Location. Such berth may occupy part of a required yard space, however, required off-street loading areas shall not occupy required buffer areas between commercial or industrial lots and adjacent non-commercial or non-industrial lots, and no berth shall be constructed in the required side yard of a building that is adjacent to a residential district.
(Ord. 97, passed 7-21-2009)

§ 6.16 SPECIFIC STANDARDS FOR COMMERCIAL AND INDUSTRIAL USES.

   (A)   Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services.
      (1)   All airports and heliports shall be approved by the State Department of Transportation, Aeronautics Division and shall comply with all applicable federal and state requirements.
      (2)   All airports and heliports shall be located at least two miles from any built up area having a density of two or more dwelling units per acre.
      (3)   Hangers used for storing aircraft shall be located at least 150 feet from the right-of-way of any public road or street and at least 500 feet from any residential structure on abutting land.
      (4)   No portion of any runway shall be located within 1,000 feet of a residential structure.
   (B)   Adult uses.
      (1)   Licensing requirements. See Article 3, Development Review Processes and Requirements.
         (a)   No person(s) under 18 years of age shall be permitted in any adult use-principal premises, enterprise, establishment, business or place.
         (b)   No liquor license, as defined, shall be issued to any adult use related premises, enterprise, establishment, business or place open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, description of or participation in “specified sexual activities” or “specified anatomical areas”.
         (c)   No adult use related premises, enterprise, establishment, business or place shall allow or permit the sale or service of set ups to mix alcoholic drinks. No alcoholic beverages shall be consumed on the premises of such premises, enterprise, establishment, business or place.
         (d)   Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this ordinance be construed to allow an activity otherwise prohibited by law.
         (e)   Adult uses, either principal or accessory, shall be prohibited from locating in any building that is also utilized for residential purposes.
         (f)   An adult use that does not qualify as an accessory use pursuant to subsection (B)(9) below shall be classified as an adult-use principal.
         (g)   The owner/operator shall hire and employ his or her own security personnel who shall provide crowd control to maintain orderly conduct at such establishment. These employees are not required to be law enforcement personnel.
         (h)   Off-street parking shall be provided meeting the requirements found in § 6.15.
      (2)   Site plan review. Site plan review shall be required for all adult uses. Access, parking, screening, lighting and other relevant site-related criteria shall be considered as part of the site plan review process.
      (3)   Separation requirements. Any adult use-principal, shall be located at least 1,000 lineal feet, as measured in a straight line from the closest point of the main entrance of the building within which the adult use-principal is located, to the property line of:
         (a)   Any residentially used or zoned property;
         (b)   Any licensed daycare center or facility;
         (c)   Any public or private educational facility classified as an elementary, junior high or senior high school;
         (d)   Any hotel or motel;
         (e)   Any public park or trails system;
         (f)   Any nursing home;
         (g)   Any youth establishment;
         (h)   Any church or church related organization; and/or
         (i)   Another adult establishment. No adult use-principal shall be located in the same building or upon the same property as another adult use-principal.
      (4)   Hours of operation. Hours of operation for adult uses-principal shall be between the times of 9:00 a.m. and 12:30 a.m. The County Board may approve a differing time schedule if it can be satisfactorily demonstrated to the Board that all of the following apply.
         (a)   The use does not adversely impact or affect uses or activities within 1,000 feet.
         (b)   The use will not result in increased policing and police related service calls.
         (c)   The schedule is critical to the operation of the business.
      (5)   Sign regulations. Adult uses-principal shall adhere to the following sign regulations in addition to those set forth in § 4.12, Sign Regulations.
         (a)   Sign message shall be generic in nature and shall only identify the name and type of business. Signs shall not be pictorial.
         (b)   Signs shall be limited to the size and number of signs permitted in the district in which the use is located.
      (6)   Adult cabaret restrictions. The following additional restrictions apply to adult cabarets.
         (a)   No person, firm, partnership, corporation or other entity shall advertise, or cause to be advertised, an adult cabaret without a valid adult use license.
         (b)   An adult use licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons engaged, hired or employed as dancers or performers by the licensee. These written records must be provided to the county or county’s enforcement designee(s) upon request.
         (c)   An adult cabaret shall be prohibited in establishments where alcoholic beverages are served.
         (d)   No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude unless as provided in subparts (B)(7) and (B)(8) below.
         (e)   No patron or any person other than a dancer or live entertainer shall be wholly or partially nude in terms of “specified anatomical area” in an adult cabaret.
         (f)   No dancer, live entertainer, performer shall be under 18 years of age.
         (g)   All dancing shall occur on a platform intended for that purpose which is raised at least two feet above the level of the floor.
         (h)   No dancer or performer shall perform or dance closer than ten feet from any patron unless such dancer or performer is enclosed behind a floor to ceiling glass partition.
         (i)   No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.
         (j)   No person under 18 years of age shall be admitted to an adult cabaret.
      (7)   Viewing booth restrictions. The following additional regulations apply to viewing booths.
         (a)   Individual motion picture viewing booths must be without doors and the occupant must be visible at all times.
         (b)   Only one person may be in a viewing booth at a time.
         (c)   Walls separating booths must be such that the occupants cannot engage in sexual activity.
         (d)   Each booth must be kept clean and sanitary.
         (e)   Minimum lighting requirements must be maintained. Minimum lighting shall be construed to be that of which a book of general print could be easily read by any given individual.
      (8)   Accessory adult uses. Adult uses-accessory shall be permitted in the HC, Highway Commercial and I, General Industrial Districts, provided the accessory use conforms to the provisions of this subsection (B)(8).
      (9)   (a)   Adult use, accessory. An adult use, accessory shall:
            1.   Comprise no more than 10% of the floor area of the establishment in which it is located;
            2.   Comprise no more than 20% of the gross receipts of the entire business operation; and
            3.   Not involve or include any activity except the sale or rental of merchandise.
         (b)   Restricted access. Adult uses-accessory shall be restricted from, and prohibit access to minors, by physically separating the following and similar items from areas of general public access.
            1.   Movie rental display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view of, and under the control of, the persons responsible for the operation.
            2.   Magazines or publications classified as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
            3.   Other adult uses not specifically cited shall comply with the intent of this ordinance.
         (c)   Advertising. Adult uses, accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
   (C)   Cannabis business.
      (1)   Purpose. The purpose of this subsection (C) is to implement the provisions of M.S. Chapter 342, which authorizes Waseca County to protect the public health, safety, welfare of the county residents by regulating cannabis businesses within the jurisdiction of the county. The county finds and concludes that the proposed provisions are appropriate and lawful land use regulations the county, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
      (2)   Registration of cannabis businesses.
         (a)   Consent to registering cannabis business. No individual or entity may operate a state-licensed cannabis retail business within the county without first registering with the county. Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty for each violation, as established by the County Board of Commissioners.
         (b)   Compliance check. Prior to issuance of a cannabis retail business registration, the county shall conduct a preliminary compliance check to ensure compliance with local ordinances.
         (c)   Fees. The fees including but not limited to registration and renewal fees shall be as established by the County Board of Commissioners.
         (d)   Application for a retail registration and subsequent renewal of retail registration shall be filed with the Zoning Administrator with required fees. The application shall include:
            1.   Full name of the property owner and applicant;
            2.   Address, email address, and telephone number of the applicant;
            3.   The address and parcel ID for the property which the retail registration is sought;
            4.   Certification that the applicant complies with the requirements of local ordinances established pursuant to M.S. § 342.13;
            5.   A copy of a valid state license or written notice of Office of Cannabis Management license pre-approval; and
            6.   Any additional information or development review processes and requirements as determined by the Zoning Administrator.
         (e)   Location change. A state-licensed cannabis retail business shall be required to submit a new application for registration under subsection (C)(2)(d) above, if it seeks to move to a new location still within the jurisdictional boundaries of this ordinance.
         (f)   Annual compliance checks. The county shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under M.S. §§ 342.22, Subd. 4(b) and 342.24 and this section. The county shall conduct at minimum one unannounced age verification compliance check at least once per calendar year.
         (g)   Suspension of registration. The county may suspend a cannabis retail business’s registration if it violates this section or any provisions in the Unified Development Code or any county regulations or poses an immediate threat to the health or safety of the public. The county shall immediately notify the cannabis retail business in writing the grounds for the suspension and notify the Office of Cannabis Management of such. The length of suspension shall be as determined by the Office of Cannabis Management.
         (h)   Limits to the number of retail registrations. The county shall limit the number of cannabis retail businesses and microbusiness/mezzobusinesses with retail licenses to no fewer than one registration for every 12,500 residents in areas lying outside the incorporated limits of municipalities within the county. The population data provided by the U.S. Census Bureau shall be used in this determination. If the number of allowable active cannabis retail business registration is reached, the county shall not be required to register additional state-licensed cannabis retail businesses.
      (3)   Requirements for cannabis businesses.
         (a)   Minimum buffer requirements. The operation of a cannabis business is prohibited within:
            1.   One thousand feet of a school;
            2.   Five hundred feet of a daycare or daycare center;
            3.   Five hundred feet of a residential treatment facility;
            4.   Five hundred feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field; and
            5.   Other buffer requirements pursuant to M.S. § 462.367, Subd. 14394.36, as it may be amended from time to time are applicable.
      (4)   Zoning and land use. See each zoning district for permitted and conditional uses.
      (5)   Hours of operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., Monday through Sunday. The sale of cannabis is prohibited between 2:00 a.m. and 8:00 a.m., Monday through Saturday, and between 2:00 a.m. and 10:00 a.m. on Sundays.
      (6)   Sign regulations. Cannabis businesses shall adhere to the regulations set forth in § 4.12, Sign Regulations.
      (7)   Use in public place. Pursuant to M.S. § 152.0263, Subd. 5, no person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use.
   (D)      Automobile repair.
      (1)   Site plan. Site plan review shall be required.
      (2)   Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Repair shop. All repairs shall be performed within a completely enclosed building.
      (4)   Hazardous materials. Venting of odors, gas and fumes shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to preclude the escape of gas vapors. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary. The State Duty Officer’s phone number is 1-800-422-0798.
   (E)   Automobile service station, car wash.
      (1)   Site plan. Site plan review shall be required.
      (2)   Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate
      (3)   Car wash. A car wash facility, either attached or detached from the principal structure, shall only be permitted as an accessory use.
      (4)   Water. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.
      (5)   Noise. Vacuum and drying facilities shall be located in an enclosed structure or at a sufficient distance from any residential use to minimize the impact of noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
      (6)   Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
   (F)   Bed and breakfast.
      (1)   Location. The facility shall be located in a single-family detached dwelling.
      (2)   Number of bedrooms. A maximum of four bedrooms may be rented to guests.
      (3)   Guest parking. Parking for guests shall be located to the rear or side of the dwelling.
      (4)   Guest register. The facility shall maintain a guest register open to inspection by the county.
   (G)   Building material sales and storage, lumber yard, garden store, commercial greenhouse, manufactured home sales.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (6)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
   (H)   Bulk storage.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
   (I)   Campground, organized group camp, recreational camping area.
      (1)   Site plan review shall be required.
      (2)   The campground or organized group camp must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study may be required. A recreational camping area may be accessed via an unpaved road.
      (3)   One accessory caretaker’s residence on the same lot as the facility shall be allowed.
      (4)   Density and area requirements:
         (a)   Minimum area requirement for a camp area shall be five acres; and
         (b)   Minimum site size of 2,000 square feet shall be provided for each recreational camping vehicle in camping area.
      (5)   Setback and spacing requirements:
         (a)   All recreational camping vehicles shall be located at least 25 feet from any camping area property boundary line abutting upon a public street or highway right-of-way and at least ten feet from other park property boundary lines;
         (b)   All recreational camping vehicles shall be separated from each other and from other structures by at least ten feet. Any accessory structure such as attached awnings, car ports or individual storage facilities, shall, for the purpose of this separation requirement, be considered part of the recreational camping vehicle; and
         (c)   A minimum of 10% of the site area shall be developed for recreational use (play areas, courts, swimming and the like) and maintained at the owner/operator’s expense.
   (J)   Convenience gas and goods sales.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (6)   Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
   (K)   Essential services.
      (1)   Purpose. Since essential services, as defined by this ordinance, may have an effect upon urbanizing areas of the county, county land uses, county highway locations, and county parks and recreation areas, the location of all such essential services in any zoning district shall be filed with the County Engineer and the Zoning Administrator prior to commencement of any condemnation action or construction by the owner.
      (2)   Applicability. Standards in this subsection shall only apply to those essential service facilities subject to local control as determined by M.S. Chapter 216, as it may be amended from time to time.
      (3)   Permit processing. Transmission services, i.e., utility service such as electrical power lines of a voltage of 35 KV or greater, or bulk gas or fuel being transferred from station to station, and not intended for in route consumption, shall follow the following procedures.
         (a)   The owner shall file with the Zoning Administrator such maps indicating the location, alignment and type of service proposed as shall be requested.
         (b)   The maps and accompanying data shall be submitted to the Planning Commission for review and recommendations regarding the relationship to urban growth, land uses, highways and recreation and park areas.
         (c)   Following such review, the Planning Commission shall make a report of its findings and recommendations on the proposed essential services and shall file such report with the County Board.
         (d)   Upon receipt of the report of the Planning Commission on the planned essential services, the County Board shall consider the maps and accompanying data and shall indicate to the owner its approval or modifications considered desirable under this ordinance.
      (4)   Permitted use. Electric substations and similar essential service structures, as well as public utility buildings, shall be a conditional permitted use in all districts.
      (5)   Placement within county right-of-way. An application for a permit for essential services located within any county highway or county state aid highway rights-of-way shall follow the following procedures.
         (a)   The applicant shall file with the County Engineer on forms supplied by the county, an application for such permit accompanied by maps indicating the locations, alignment and type of service proposed.
         (b)   The application and accompanying data shall be reviewed by the County Engineer, and the County Engineer may issue the permit after determining that the application is acceptable and in the best interests of the county.
         (c)   The County Engineer may require, in conjunction with the issuance of such permit, that:
            1.   The applicant submit, as built, drawings of the essential services after construction; and
            2.   The applicant construct the essential service to take into consideration contemplated widening, re-grading or relocation of a county highway or county state aid highway, providing the county owns such additional right-of-way.
      (6)   Maintenance. No utility permits shall be required to maintain, or reconstruct, existing lines where the general alignment of the existing line is maintained.
      (7)   Review timeliness. Recognizing the need for adequate and timely service by owners of essential services, the County Engineer shall act upon all information filings or permit applications within 45 days of receipt by the County Engineer. Failure to act within 45 days shall constitute approval.
      (8)   Fees.
         (a)   A utility permit application fee shall be established by the County Board payable when the application is filed.
         (b)   Any outside costs for consulting services to aid the Planning Commission and/or County Board in making a decision on the utility permit application shall be paid by the applicant. Such fee shall be as determined by the County Board.
   (L)   Fertilizer manufacture.
      (1)   Site plan. Site plan review shall be required.
      (2)   Setbacks. Anhydrous ammonia containers shall be located outside of buildings other than those especially constructed for this purpose. Containers shall meet the following setbacks:
         (a)   From a main line railroad: ten feet;
         (b)   From adjacent property boundaries: 50 feet;
         (c)   From a dwelling or water supply well or water body: 100 feet; and
         (d)   From an educational institution, hospital or religious assembly: 1,000 feet.
      (3)   Outdoor storage prohibited. Equipment or materials shall be completely enclosed in a permanent structure, with the exception of fertilizer storage tanks and fertilizer equipment; no outdoor storage shall be permitted.
      (4)   Spills. All chemicals, hazardous materials, solid waste, and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
      (5)   Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geosciences and Interior Design.
   (M)   Golf course, country club, driving range.
      (1)   Site plan review shall be required.
      (2)   Setback: all buildings shall be set back at least 50 feet from the property line of any residential use.
      (3)   The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
      (4)   One accessory caretaker’s residence on the same lot as the facility shall be allowed.
      (5)   Storage of pesticides and fertilizers shall follow the standards of the State Department of Agriculture. A plan shall be submitted for storage and use of pesticides and fertilizers at the facility.
      (6)   Golf courses shall be designed with environmental resources in mind. Performance standards shall include:
         (a)   Water recycling and conservation through on-site storage and use facilities;
         (b)   Use of landscaped buffers and other Best Management Practices (BMPs) to minimize fertilizer runoff and other chemicals from entering surface water bodies; and
         (c)   Use of landscaping and careful layout of golf course to preserve and enhance wildlife habitat through preservation of existing vegetation and habitat as well as creation of new habitat opportunities.
   (N)   Go-cart track, miniature golf, skating rink (unenclosed).
      (1)   Site plan review shall be required.
      (2)   The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
   (O)   Hunting preserve.
      (1)   The boundaries of all hunting preserves shall be clearly indicated by signs.
      (2)   The signs shall be no more than 150 feet apart and shall be continuous around the perimeter of the area contained in the preserve.
      (3)   The lettering on the signs shall be at least two inches in height.
      (4)   The signs shall clearly state the nature of the preserve and the type of use involved.
   (P)   Landfill (sanitary), recycling facility.
      (1)   Site plan. Site plan review shall be required.
      (2)   Conditional use permit length. The conditional use permit for the facility shall be reviewed every five years to determine whether the facility continues to comply with all conditions.
      (3)   Operational plan. An operational plan shall be developed for the facility, and subsequent activities shall be conducted in accordance with the plan.
      (4)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (5)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (6)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (7)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (8)   Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
      (9)   Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
      (10)   Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geosciences and Interior Design.
   (Q)   Office, professional or medical.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Parking. Parking and loading shall meet the standards found in § 6.15.
   (R)   Office, other than professional or medical.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
   (S)   Office services.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Parking. Parking and loading shall meet the standards found in § 6.15.
   (T)   Organized motor sports, paint ball course.
      (1)   A site plan shall be submitted regarding the nature of the facility, sanitary facilities and waste disposal, lighting, hours of operation, erosion control and other issues identified as relevant to the proposed use.
      (2)   Erosion control plans for trails may be required.
      (3)   Tracks or trails shall be set back at least 500 feet from property lines, at least 300 feet from any road right-of-way, and at least 1,500 feet from existing residences, with the exception of residences on the same property as the motor sport use.
      (4)   Noise shall be limited to a maximum level of 50dB(A) at the nearest property line.
      (5)   One caretaker residence may be allowed, which shall be used only by the caretaker and his or her family members. The caretaker residence shall be accessed via the access road to the facility.
   (U)   Repair services.
      (1)   Site plan. Site plan review shall be required.
      (2)   Parking. Parking and loading shall meet the standards found in § 6.15e.
   (V)   Restaurant (drive-in), theater (drive-in), or similar uses that provide goods and services to patrons in automobiles.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (6)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
   (W)   Retail sales establishment.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (4)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
   (X)   Restaurant.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (4)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
   (Y)   Riding academy, boarding stable (may also be subject to feedlot requirements).
      (1)   Site plan review shall be required.
      (2)   Any building must be located shall be located at least 50 feet from the boundary of any residential use.
      (3)   Special events that will periodically attract visitors, customers or traffic in excess of normal operations must obtain a special event permit, as specified in § 3.09.
   (Z)   Salvage yard, recycling facility with incinerator, other facilities with incinerators.
      (1)   Site plan. Site plan review shall be required.
      (2)   Screening. Outdoor storage shall be located or screened so as not to be visible from 1,000 feet of any residential district or from any public road. A solid fence or vegetative screening a minimum of six feet in height (in place at the time of permitting) shall be used for screening purposes.
      (3)   Use of front yard. No part of the front yard is to be used for the conduct of business in any manner except for parking of customer or employee vehicles.
      (4)   Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
   (AA)   Shooting range, indoor.
      (1)   Setback. The shooting range building shall be located at least 50 feet from the boundary of any residential use.
      (2)   Site plan. Site plan review shall be required.
      (3)   Performance standards. The use shall conform to the applicable State Pollution Control Agency, Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment and outside noise standards.
      (4)   Retail sales. If retail sale and repair of weapons and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco and Firearms.
      (5)   Building design. The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a licensed engineer with expertise in shooting range design, and shall be designed, constructed and certified to all applicable professional standards. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.
      (6)   Log of users. A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the range user shall be verified by photo identification. The log shall be subject to review by the County Sheriff or designee.
      (7)   Alarm system. An alarm system, cut wire protected, shall be supplied to provide security for the general premises.
      (8)   Firearm storage. Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault. Ammunition shall not be stored in the firearm vault.
      (9)   Supervision. On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master, based on National Rifle Association standards.
      (10)   Transport. The transport of firearms on the premises shall conform to state law.
      (11)   Access by minors. Minors shall not be allowed in the range unless accompanied by an adult at all times.
      (12)   Hours of operation. The operation of the range shall be limited to the hours of 7:00 a.m. to 10:00 p.m.
   (BB)   Shooting range, outdoor; hunting club.
      (1)   Compliance. Facilities shall be in compliance with the performance standards set forth in M.S. Chapter 87A, as it may be amended from time to time.
      (2)   Authorized activities. Shooting ranges that meet the performance standards in M.S. Chapter 87A, as it may be amended from time to time, shall be allowed to engage in the following authorized activities within the property boundaries of the range:
         (a)   Discharge of firearms. Operate the range and conduct activities involving the discharge of firearms;
         (b)   Membership. Expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range;
         (c)   Meet standards. Make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards;
         (d)   Activities. Increase events and activities related to the primary activity as a shooting range;
         (e)   Time of operations. Conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m.; and
         (f)   Purchase additional land. Acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter.
      (3)   Mitigation area. A mitigation area is established for a distance of 750 feet from the perimeter property line of an outdoor shooting range. Within the mitigation area, the following provisions apply.
         (a)   Development prohibited. No change in use, new development or construction of a structure shall be approved for any portion of property within the mitigation area.
         (b)   Exemption for existing development. Uses, development and structures in existence or for which approval has been granted by October 1, 2005 are exempt from the mitigation area requirements.
         (c)   Exemption if mitigation provided. A change in use, new development or construction of a structure may occur within the mitigation area if the person seeking the approval agrees to provide any mitigation necessary to keep the shooting range in compliance with the performance standards. The mitigation agreement shall be signed by the person seeking approval and the shooting range. If no mitigation is required to keep the shooting range in compliance with the performance standards, an agreement shall be signed by the person seeking approval and the shooting range stating that mitigation is not required. Agreements required under this subsection (AA) shall be in written form and subject to approval by the County Board. Failure to obtain an agreement required under this subsection shall exempt the shooting range from being found out of compliance with the performance standards in relation to the property or person where the agreement was not obtained if the failure to provide mitigation is the sole reason for the shooting range being out of compliance with the performance standards.
      (4)   Setback from existing residences. No outdoor shooting range shall be allowed within 1,500 feet of an existing residence, measured from the property line of the range site. This provision shall not apply to a residence on the shooting range property. No outdoor shooting range shall be allowed within 750 feet of a property line.
      (5)   Caretaker’s residence. One accessory caretaker’s residence on the same lot as the facility shall be allowed.
      (6)   Performance standards. All shooting ranges shall comply with the minimum standards for range design, location, management, operation, noise abatement and safety listed in the most current National Rifle Association Range Sourcebook, as well as the following standards:
      (7)   Range. The range shall be designed to provide protection from accidental or stray ammunition discharge for surrounding properties.
      (8)   Only firearms shall be discharged at the range. No cannons, artillery or rockets shall be discharged unless blanks are being fired.
      (9)   Management Plan and Safety Plan. All shooting ranges must have in place a Management Plan and Safety Plan approved by the county which will detail how all shooting activities will be controlled, supervised and managed.
      (10)   Fencing required. Fencing shall be required according to the approved site plan. Gates shall be placed at all road entrances to the property and shall be locked when the facility is not in use.
      (11)   Gun club facilities. Use of a gun club facility shall be restricted to club members, guests, and participants in club sanctioned events. It shall be the responsibility of the club to supervise all shooting activities.
      (12)   Noise limits. Allowable noise levels for the operation of a shooting range are those specified in M.S. Chapter 87A, as it may be amended from time to time. Sound measurement methodology is as defined in Minnesota Rules, Part 7030.0060.
      (13)   Lead Management Plan. Shooting ranges shall have a current lead management plan approved by the MPCA on file with County Planning and Zoning Department.
      (14)   Landscape screening. Landscaping including the planting of trees shall be provided to screen the range from roads and adjacent residences. The vegetative buffer shall be a combination of native grasses and trees that are matched to the soil type found on the range perimeter. At least three rows of different species of trees, planted similar to a windbreak or shelterbelt are required. With a mixture of heights, growth quickness and a combination of conifer and deciduous species, both a sight and sound buffer can be created to effectively block noise levels emitted from the range.
      (15)   Retail sales prohibited. No retail sales or repair of firearms shall be permitted as an accessory use to an outdoor range. Retail sales of ammunition, other supplies, refreshments and the like shall be permitted.
      (16)   Liability insurance. The range operator shall maintain liability insurance in an amount acceptable to the County Attorney and shall provide the County Planning and Zoning Department with a copy of the insurance policy.
   (CC)   Skating rink (enclosed), dance hall, game arcade, bowling alley, health club.
      (1)   Site plan review shall be required.
      (2)   Setback. Any building must be located shall be located at least 50 feet from the boundary of any residential use.
      (3)   The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study and transportation management plan may be required.
   (DD)   Tavern, club.
      (1)   Site plan. Site plan review shall be required.
      (2)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (3)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
   (EE)   Towers for radio, television and communication facilities.
      (1)   Site plan. Site plan review is required.
      (2)   Proof of insurance. The construction contractor of the communication tower must provide proof of insurance or a bond, acceptable to the County Board of Commissioners prior to commencement of construction.
      (3)   Abandonment. All towers and antennas not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant’s obligation to remove abandoned or unused towers, concrete footings, anchors, supporting equipment and antennas prior to the issuance of a conditional use permit to erect a tower. The county shall require financial assurances including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment and antennas. An engineer’s cost estimate which documents removal costs of the tower, building, concrete footings, anchors, supporting equipment and antennas shall be submitted with the conditional use permit application. Such engineer’s cost estimate is to assist the Board of Commissioners in determining the amount of financial assurance necessary to cover removal costs of such towers, buildings, concrete footings, anchors, supporting equipment and antennas. If any towers, buildings, concrete footings, anchors, supporting equipment and antennas have not been removed within 90 days’ written notice by the county after abandonment, the county shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment and antennas, and assess the property.
      (4)   Lighting. Un-regulated lighting shall be deflected downward and away from road right-of-way and nearby or adjacent residential or agricultural districts.
      (5)   Fall zone. The communication tower shall be setback a distance equal to or greater than 1.1 times the height of the structure from any property line or public right-of-way so that the fall zone is entirely within the property on which the antenna is located.
      (6)   The communication tower and any structures built on the property shall comply with all applicable local, state and federal regulations.
   (FF)   Truck terminal, truck stop, freight terminal.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (6)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
      (7)   Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
      (8)   Spills. All chemicals, hazardous materials, solid waste and nutrients and/or the like shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials or the like shall be properly reported, contained and mitigated as the State Pollution Control Agency may deem necessary.
   (GG)   Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel and animal crematorium.
      (1)   Site plan. Site plan review shall be required.
      (2)   Facility design. All veterinary clinics or hospitals shall provide indoor facilities having adequate heating, ventilation and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage and a plan for manure management.
      (3)   Exercise areas. All animal runs or exercise areas shall be located at least 100 feet from any adjoining property line if there is a residence or platted residential lot within 1,000 feet of such runs or exercise areas. If there is no residence or platted lot within 1,000 feet, the setbacks of the animal runs or exercise areas shall be equal to the accessory building setback of the underlying district. Outdoor animal runs or exercise areas are prohibited within the VMX Village Mixed-Use District, UE Urban Expansion District and LR Limited Residential District.
      (4)   Licenses. Facilities must obtain all required state and federal licenses or operational permits.
      (5)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (6)   Animal crematorium. An animal crematorium may be operated in connection with a veterinary clinic or as a stand-alone facility that provides services to a veterinary clinic or clinics. An animal crematorium shall only be used for the disposal of animals. A stand-alone animal crematorium facility shall provide no outside appearance of the operation and shall not include a sign. Stand-alone crematoriums shall pick-up and deliver animals from veterinary clinics and shall have no visitors other than employees or inspectors. Animal pick-up shall be done in leak-proof containers. The following standards for animal crematoriums shall be met.
         (a)   Setback. The crematorium shall be located in a structure and be at least 500 feet from any residence other than the owner of the property.
         (b)   Site plan. Site plan review shall be required.
         (c)   Parking. There shall be at least one parking space available for each employee working at the site at any time.
         (d)   Refrigeration. Deceased animals stored on the site prior to disposal shall be kept under refrigeration to eliminate the possibility of odor emanating from the animal.
         (e)   Furnaces. The furnaces shall use natural gas or propane as the heat source for the furnace.
         (f)   Performance standards. Incinerator must be adhere to the State Pollution Control Agency guidelines as follows:
            1.   Capable of producing emissions not to exceed 20% opacity;
            2.   Fitted with an afterburner that maintains flue gases at 1,200°F for at least 0.3 seconds; and
            3.   Ash from the incinerator must be handled in such a manner as to prevent particulate matter from becoming airborne and shall be properly disposed of.
   (HH)   Warehouse distribution facility.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Buffers. Buffers shall be installed meeting the standards found in § 6.15.
      (6)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
      (7)   Noise. Additional controls may be established to control noise during the operation of the facility, including controls of hours of operation.
      (8)   Architect or engineered design. This project is required to be designed by a licensed engineer or architect in accordance with the State Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design.
   (II)   Water-oriented commercial business.
      (1)   Site plan. Site plan review shall be required.
      (2)   Street access. The site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (3)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement.
      (4)   Parking. Parking and loading shall meet the standards found in § 6.15.
      (5)   Lighting. Any lighting used for outdoor illumination on a commercial property shall be installed to deflect light away from adjoining property and public streets. The sources of light shall be hooded or controlled so light does not shine upward nor onto adjoining property.
      (6)   Days and hours of operation. Approval for this use shall specify the days and hours of operation.
   (JJ)   Wind Energy Conversion Systems (WECS).
      (1)   Purpose. This ordinance is established to regulate the installation and operation of wind energy conversion systems (WECS) within the county not otherwise subject to siting and oversight by the state.
      (2)   Permit requirements.
         (a)   The application for all WECS shall include the following information:
            1.   The names of project applicant;
            2.   The name of the project owner;
            3.   The legal description and address of the project;
            4.   A description of the project including: number, type, name plate generating capacity, tower height, rotor diameter and total height of all wind turbines and meteorological towers and means of interconnecting with the electrical grid;
            5.   Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include distances and be drawn to scale;
            6.   Engineer’s certification; and
            7.   Documentation of land ownership or legal control of the property.
         (b)   The application for commercial WECS (projects above 100 kw but less than 5,000 kw in total name plate capacity) shall also include:
            1.   The latitude and longitude of individual wind turbines;
            2.   A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS;
            3.   Location of wetlands, scenic and natural areas (including bluffs) within 1,320 feet of the proposed WECS;
            4.   An acoustical analysis that shows to the satisfaction of the Planning Commission that the WECS will comply with Minnesota Rules, Chapter 7030 state noise statutes;
            5.   Evidence of a power purchase agreement;
            6.   A construction plan that includes transportation schedule and descriptions of over-weight and over-lengths materials to be transported to the site, necessary utility and roadway modifications, road detours (if necessary) and financial guarantee that utilities and roadways will be returned to pre-construction conditions;
            7.   FAA permit application;
            8.   Location of all known communication antennas within two miles of the proposed WECS;
            9.   Decommissioning plan; and
            10.   Description of potential impacts on nearby WECS and wind resources on adjacent properties.
         (c)   Aggregated projects procedures. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate approvals. Permits will be issued and recorded separately. Joint applications will be assessed fees as one project. Aggregated projects of 5 MW or more in total name plate capacity shall be licensed and approved through state statutes.
      (3)   Tower setback and dimensional standards. All towers setbacks shall adhere to the following setbacks listed below.
         (a)   Minimum setbacks for non-commercial wind turbines:
            1.   Property line 1.1 times the total height; and
            2.   Public road right-of-way 1.1 times the total height.
         (b)   Minimum setbacks for commercial wind turbines:
            1.   Property line 1.1 times the total height;
            2.   Public road right-of-way 1.1 times the total height;
            3.   Residential dwelling 750 feet; and
            4.   Wetlands, USFW Types III, IV and V 600 feet.
         (c)   Minimum setbacks for meteorological towers:
            1.   Property line 1.1 times the total height;
            2.   Public road right-of-way 1.1 times the total height;
            3.   Residential dwelling 1.1 times the total height; and
            4.   Wetlands, USFW Types III, IV and V 600 feet.
         (d)   Essential services setback standards. Substations and feeder line setback standards shall be determined by regulations governing essential services in Article 7.
         (e)   Wind generation mechanical clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
         (f)   Maximum height of non-commercial WECS is 200 feet.
      (4)   Safety and other design standards.
         (a)   Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
         (b)   Fire Protection and Emergency Response Plan. A fire prevention and emergency response plan for all phases of the life of the facility. The plan shall address major concerns associated with the terrain, weather conditions and access to the tower in the event of an emergency.
         (c)   Required signage. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. Signage shall comply with standards found in Article 5.
         (d)   Required guy wire visibility. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground.
         (e)   Tower configuration. All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower.
         (f)   Color and finish. AN wind turbines and towers that are part of a commercial WECS shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-reflective.
         (g)   Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for nighttime illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
         (h)   Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried. Feeder lines installed as part of a WECS shall not be considered an essential service.
         (i)   Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
         (j)   Discontinuation and decommissioning. A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to four feet below ground level within 90 days of the discontinuation of use.
         (k)   Plan. Each commercial WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a certified professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
         (l)   Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the Environmental Quality Board Power Plant Siting Act Program staff of the project location and details on the survey form specified by the Environmental Quality Board.
         (m)   Noise. All WECS shall comply with Minnesota Rules, Part 7030 governing noise.
         (n)   Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
         (o)   Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals cause by any WECS. The applicant shall notify all communication tower operators within five miles of the proposed WECS location upon application to the county for permits. No WECS shall be constructed so as to interfere with County or State Department of Transportation microwave transmissions. The burden shall be on the applicant to prove that the WECS will not interfere with the county’s emergency response communication system.
         (p)   Avoid damage to roads. The applicant shall identify all county, city or township roads to be used for the purpose of transporting WECS, substation parts, cement and/or equipment for construction, operation or maintenance of the WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction.
         (q)   Drainage and road network. The applicant shall be responsible for immediate repair of damage to public drainage and road network stemming from construction, operation or maintenance of the WECS.
   (KK)   Retreat house. Conditionally permitted in A-1 Agriculture Protection District and the AIC Agriculture Interpretive Center District.
      (1)   The owner/operator must allow periodic inspections by the County Planning and Zoning Department and County Public Health Services Department.
      (2)   A guest registration log must be maintained by the owner/operator and made available for review by the County Planning and Zoning Office or Public Health Services Department.
      (3)   Any activities occurring upon the site shall not cause a nuisance due to noise, odor, lighting, vibration or traffic generation.
      (4)   The operations involved within the structure are not to involve the retail sale of goods or commodities unrelated to the event occurring at the facility.
      (5)   A certificate of liability insurance for the structures, property, occupants, visitors and events shall be submitted annually to the County Planning and Zoning office.
      (6)   The owner/operator shall obtain all licenses required by the state or the County Public Health Services Department.
      (7)   The property must have at least one parking space per bed within the retreat house.
      (8)   Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of usable floor space, and every room occupied for sleeping purposes by more than one person shall contain not less than 60 square feet of usable floor space for each occupant thereof. Under no circumstances shall there be provided less than 400 cubic feet of air space per occupant. Beds shall be spaced at least three feet apart when placed side by side. No sleeping quarters shall be provided in any basement having more than half of its clear floor to ceiling height below the average grade of the adjoining ground. When strict compliance herewith is impracticable, the Board may waive any of the provisions of this paragraph subject to such conditions as may be deemed desirable in the individual case.
      (9)   The Planning Commission shall take into consideration the following information and performance standards in which to base their recommendation on the conditional use permit application to the County Board: the hours of operation; the maximum stay of the occupants; the distance to any surrounding feedlots; the number and proximity of dwellings within one mile surrounding the proposed retreat center; the impact on local traffic.
      (10)   In addition to the other requirements, the application for a conditional use permit shall be accompanied by three copies of the plans which indicate or address the following:
         (a)   Stated purpose and type of the retreat center;
         (b)   Location and size of all existing and proposed physical improvements such as buildings, landscaping, parking areas and the like;
         (c)   Plans for sanitary sewage disposal, water systems (natural or human-made), and utilities servicing the site;
         (d)   Existing and proposed surface drainage;
         (e)   Existing or proposed location for exterior lighting;
         (f)   Location and width of all streets abutting the site;
         (g)   Proposed schedule of events and any proposed special events, which consist of any events that are not a part of the normal operating schedule;
         (h)   Certificate of liability insurance for the structures, property, occupants, visitors, and events proposed;
         (i)   List the number of adult caretaker(s) on duty and on site and the times they will be present;
         (j)   Dimensioned floor plan indicating the rooms or units to be used;
         (k)   On-site advertising shall be limited to one sign per entrance, not to exceed the requirements of Article 4 General Regulations, § 4.12 (sign regulations) and location must be described or shown on the site plan; and
         (l)   Any licenses or permits required by the Waseca County Public Health Services Department, including, but not limited to, kitchen and food facilities, water supply, septic systems and lodging requirements.
      (11)   Maximum length of stay for guests shall be limited to seven consecutive days or six nights per week. Additionally, within one calendar year, a single guest may utilize the business’ services at a maximum not to exceed 30 days.
      (12)   Maximum permitted number of rooms utilized for sleeping purposes within an establishment shall be not more than six bedrooms for those parcels residentially zoned.
      (13)   There shall be no cooking facilities separate from the principal kitchen within the structure to be utilized for or by guests and/or occupants of the retreat house.
   (LL)   Retreat center. Conditionally permitted in the HC Highway Commercial District and the Agriculture Protection District, AIC Agriculture Interpretive Center District and the LR Limited Residential.
      (1)   Standards in subsections (KK)(1) through (KK)(13) above listed for retreat houses shall also apply to retreat centers.
      (2)   The maximum stay of the occupants cannot exceed two weeks, unless otherwise established by the County Board.
      (3)   All new structures and modification to existing structures shall require a zoning permit.
      (4)   Retreat center units shall not be converted into permanent dwelling units, unless an application is approved showing that the units meet the requirements of the zoning ordinance and County Public Health Services Department rules and regulations.
      (5)   Existing buildings, in which the public may have access, used as any part of the Retreat Center must pass Building Code inspections prior to it being utilized by the retreat center.
      (6)   All county shoreland requirements and state planned unit development requirements shall apply.
   (MM)   Breweries, taprooms and micro-distilleries. This subsection addresses performance standards for the establishment and operation of a small brewery, microdistillery and brewer taprooms to be in compliance with M.S. Chapter 340A, as it may be amended from time to time.
      (1)   Production capacity. The annual production capacity of a small brewery or microdistillery may not exceed the amounts specified in M.S. § 340A.301, as it may be amended from time to time.
      (2)   Uses. The following uses may be permitted at a Small Brewery or Microdistillery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District:
         (a)   Aging processing and storage of beer (brewery) or distilled spirits (microbrewery) in bulk;
         (b)   Milling, malting, mashing, lautering, boiling, fermenting, conditioning, filtering of grain and fruit inside of a structure;
         (c)   Bottling, kegging, storage and wholesaling of kegs and bottled beer or distilled spirits; and
         (d)   Office use associated with the facility.
      (3)   Premises sampling room. Each sampling room (microdistillery) or taproom (brewery) in which distilled spirits or beer is to be manufactured and sold in the A-1 Agriculture Protection District must apply for a conditional use permit from the County Planning and Zoning Department and must conform to all on-premises permit requirements if the brewery intends to allow the consumption of beer in its tasting room; however, there shall be no requirement for a brewery with a tasting room to maintain kitchen facilities or serve food. Subject to the limitations of M.S. § 340A.301, as it may be amended from time to time, the following uses associated with a premises sampling room or taproom may be permitted at a microdistillery or small brewery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District, which would include preparation and sale of food:
         (a)   Display and sale of art and craft items;
         (b)   Sale of retail products such as glassware, distillery or brewer literature, and accessories, apparel, cheese products, and items directly related to beer or distilled spirit products;
         (c)   Indoor and outdoor live music shall be permitted during the hours of 12:00 p.m. and 11:00 p.m. on Friday, Saturday and Sunday except Indoor and outdoor live music is restricted in the A-1 Agricultural Protection District to the hours of 12:00 pm to 9:00 pm Friday, Saturday and Sunday;
         (d)   On-site marketing of beer or distilled spirits, including up to three special events annually and as limited by the special events provisions of the Waseca Unified Development Code;
         (e)   Preparation and serving of food (restaurant) will be subject to the requirements of the County Public Health Services Department and will only be allowed as a conditional use and only as related to the Microdistillery or Brewery operation in the A-1 Agriculture Protection District. Unified Development Code, Article 6 Zoning District Regulations, § 16 Specific Standards for Commercial and Industrial Uses apply as well as related to the microdistillery or brewery operation in the Districts of A-1 Agricultural Protection, HC Highway Commercial and I Industrial;
         (f)   Tours;
         (g)   Retail sale (as licensed for on-sale or off-sale) of beer or distilled spirits fermented and bottled at the microdistillery or brewery; and
         (h)   Retail sale of wine (on-sale only with appropriate license).
      (4)   The following standards shall apply to all small breweries or microdistilleries including tasting rooms or brewer taprooms.
         (a)   A site plan shall be required.
         (b)   All other applicable licenses and permits shall be obtained from the appropriate agency and maintained in association with the operation of the small brewery, microdistillery and/or brewer taproom. Copies of current appropriate licenses and/or permits shall be submitted to the County Planning and Zoning Department.
         (c)   The small brewery, microdistillery and brewer taproom located on a site within the A-1 Agriculture Protection District shall have a minimum parcel size of five acres and must be located at least 500 feet from any residence other than the owner.
         (d)   The small brewery, microdistillery and brewer taproom must comply with the provisions in the county code of ordinances relating to parking and loading requirements.
         (e)   The retail sale of products fermented at the facility must comply with state statutes and County Ordinance No. 10 regarding liquor licensing and must be incidental to the primary operation of the brewery or microdistillery.
         (f)   The total space for the sale of non-brewery related items including food, beverages other than beer, glassware, literature and accessories, shall not exceed 20% of the total square footage of the structure, of the small brewery or microdistillery.
         (g)   The subsurface sewage treatment system (SSTS) and all associated components shall be maintained in accordance with MPCA SSTS standards. The SSTS of a small brewery, microdistillery and brewer taproom shall be separate from any residential use associated with the property.
   (NN)   Farm winery. This subsection addresses performance standards for the establishment and operation of farm wineries.
      (1)   Production capacity. The annual production capacity of a farm winery may not exceed the number of gallons permitted in M.S. § 340A.315, as it may be amended from time to time.
      (2)   Uses. A farm winery may be allowed as a permitted use in the I General Industrial District or HC Highway Commercial District or as a conditional use in the A-1 Agricultural Protection District upon the granting of a conditional use permit:
         (a)   Aging processing and storage of wine in bulk;
         (b)   Crushing of grapes inside or outside of a structure;
         (c)   Bottling storage and wholesaling of bottled wine; and
         (d)   Office use associated with the winery.
      (3)   Prohibited uses. The following uses are not permitted at a farm winery: retail sale of items that are not permitted under the state statute farm winery license.
      (4)   Premises winery sampling room. Each sampling room for a farm winery in which wine is to be manufactured and sold in the A-1 Agriculture Protection District must apply for a conditional use permit from the County Planning and Zoning Department and must conform to all on-premises permit requirements if the farm winery intends to allow the consumption of wine in its tasting room; however, there shall be no requirement for a farm winery with a tasting room to maintain kitchen facilities or serve food. Subject to the limitations of M.S. § 340A.301, as it may be amended from time to time, the following uses associated with a premises sampling room may be permitted at a farm winery in the I Industrial or HC Highway Commercial District or as a conditional use in the A-1 Agriculture Protection District, which would include preparation and sale of food:
         (a)   Display and sale of art and craft items, subject to the limitations specified under the prohibited uses;
         (b)   Sale of retail products such as glassware, wine literature and accessories, apparel, cheese products, other wine related products such as fruit or vegetables, and items directly related to wine products;
         (c)   Indoor and outdoor live music between the hours of 12:00 p.m. to 11:00 p.m. Friday, Saturday and Sunday. Outdoor live music is restricted in the A-1 Agricultural Protection District to the hours of 12:00 p.m. and 9:00 p.m. on Friday, Saturday and Sunday;
         (d)   On-site marketing of wine or distilled spirits, including up to three special events annually and as limited by the special events provisions of the County Unified Development Code;
         (e)   Preparation and serving of food (restaurant) will be subject to the requirements of the Waseca County Public Health Services Department and will only be allowed as a conditional use and only as related to the Farm Winery operation in the A-1 Agriculture Protection District. Unified Development Code, Article 6 Zoning District Regulations, § 16 Specific Standards for Commercial and Industrial Uses apply as well as related to the farm winery operation in the Districts of A-1 Agricultural Protection, HC Highway Commercial and I Industrial;
         (f)   Tours;
         (g)   Retail sale (as licensed for on-sale or off-sale) of wine or distilled spirits fermented and bottled at the farm winery; and
         (h)   Retail sale of beer (on-sale only with appropriate license).
      (5)   Standards. The following standards shall apply to all farm wineries, including tasting or sampling rooms.
         (a)   A site plan will be required.
         (b)   All other applicable licenses and permits shall be obtained from the appropriate agency and maintained in association with the operation of the winery. Copies of current appropriate licenses and/or permits shall be submitted to the County Planning and Zoning Department.
         (c)   The farm winery shall be located on a minimum parcel size of five acres in the A-1 Agricultural Protection District. In addition in the A-1 AG Protection District, the winery must be located at least 500 feet from any residence other than the owner.
         (d)   The farm winery must comply with the provisions in the county code of ordinances relating to parking and loading requirements.
         (e)   The retail sale of wine must comply with state statutes and County Ordinance No. 10 regarding liquor licensing and must be incidental to the primary operation of the farm winery.
         (f)   The total space for the sale of non-wine related items including food, beverages other than wine, glassware, wine literature and accessories, shall not exceed 20% of the total square footage of the structure of the farm winery.
         (g)   The subsurface sewage treatment system (SSTS) and all associated components shall be maintained in accordance with MPCA SSTS standards. The SSTS of a farm winery shall be separate from any residential use associated with the property.
   (OO)   Industrial waste processing facility. New industrial wastewater treatment facilities shall be allowed as conditional uses in the A-1 Agriculture Protection District, HC Highway Commercial District and I Industrial District. Industrial wastewater treatment facilities shall comply with the following requirements.
      (1)   Site plan. Site plan review shall be required. Any new industrial wastewater treatment facility shall meet the minimum standards of § 6.15 of the Uniform Development Code providing for general standards for commercial and industrial uses.
      (2)   Setbacks.
         (a)   Treatment pond to residence: 1,000 feet;
         (b)   Spray Field to residence: 500 feet;
         (c)   Treatment pond or spray field to a public right-of-way: 100 feet;
         (d)   Treatment pond or spray field to a public or private ditch: 100 feet; and
         (e)   Treatment pond or spray field to any body of water, perennial or intermittent stream, or wetland: 100 feet.
      (3)   Access. If the Planning Commission determines it necessary, the site shall have access to a hard surfaced road of sufficient capacity to accommodate the traffic that the use will generate.
      (4)   Local, state and federal regulations. Industrial wastewater treatment facilities shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
   (PP)   Solar farms. Solar farms are the primary land use for the parcel on which the array is located and are distinguished from solar arrays that are an accessory use. Solar farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and generally have a direct current (DC) rated capacity greater than 100 kilowatts. Solar farms are permitted by conditional use permit and/or by zoning permit.
      (1)   Stormwater management and erosion and sediment control. Stormwater management and erosion and sediment control shall meet the requirements of § 5.04.
      (2)   Setbacks. All solar panels in the array will be considered a principal use and shall be required to meet the setbacks of a principal structure. In addition, other than on the property of an owner, no solar farm shall be located within 500 feet of a residence.
      (3)   Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
      (4)   Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State Uniform Building Code, as amended; and the National Electric Code, as amended.
      (5)   Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning and Zoning Administrator in instances where shallow bedrock, watercourses or other elements of the natural landscape interfere with the ability to bury lines.
      (6)   Application requirements for conditional use or zoning permit. A site plan of existing conditions showing the following (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format):
         (a)   Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties;
         (b)   Existing public and private roads, showing widths of the roads and any associated easements;
         (c)   Location and size of any abandoned wells, sewage treatment systems and dumps;
         (d)   Existing buildings and any impervious surface;
         (e)   Topography at two-foot intervals and source of contour interval, unless determined otherwise by the Department. A contour map of the surrounding properties may also be required;
         (f)   Existing vegetation (list type and percent of coverage; i.e., grassland, plowed field, wooded areas and the like);
         (g)   Waterways, watercourses, lakes and public water wetlands;
         (h)   Delineated wetland boundaries;
         (i)   The 100-year flood elevation and regulatory flood protection elevation, if available;
         (j)   Floodway, flood fringe and/or general floodplain district boundary, if applicable;
         (k)   The Shoreland District boundary and the appropriate shoreland setback, if any portion of the project is located in a Shoreland Overlay District;
         (l)   Mapped soils according to the county soil survey;
         (m)   Surface water drainage patterns;
         (n)   In the shoreland overlay district, the ordinary high water level and the highest known water level; and
         (o)   In the shoreland overlay district, the toe and top of any bluffs within the project boundaries.
      (7)   Site plan of proposed solar farm. The following information shall be provided to the Planning and Zoning Department prior to issuance of the conditional use permit or zoning permit (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format):
         (a)   Location and spacing of solar panels;
         (b)   Location of access roads;
         (c)   Location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load;
         (d)   New electrical equipment other than at the existing building or substation that is the connection point for the solar farm; and
         (e)   Proposed erosion and sediment control measures and proposed stormwater management measures as required in Article 5 of this ordinance.
      (8)   Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots (if any).
      (9)   Manufacturer’s specifications. Manufacturer’s specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks;
      (10)   The number and size of the panels to be installed;
      (11)   A description of the method of connecting the array to a building or substation;
      (12)   A copy of any easement required to cross private property or any permit to use any public right-of-way to connect the project to the utility grid or substation.
      (13)   A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary;
      (14)   Contractor’s name and license number;
      (15)   Contractor certificate of liability insurance; and
      (16)   A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of state law and the requirements of the county solid waste ordinance. The Board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning in an amount equal to the estimated cost to restore the site if the use is discontinued.
   (QQ)   Standards for solar energy systems, accessory. Solar energy systems are a permitted accessory use requiring a zoning permit in all zoning districts, subject to the following standards.
      (1)   Accessory building limit. Solar systems, either roof- or ground-mounted, do not count as an accessory building for the purpose of meeting limits on the number of accessory structures allowed per residential lot or the coverage limits.
      (2)   Height. Active solar systems are subject to the following height requirements:
         (a)   Building or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices for the zoning district in which the system is being installed.
         (b)   Ground or pole-mounted solar systems shall not exceed 15 feet in height when oriented at maximum tilt if the system is located between the accessory structure setback and the principal structure setback; and shall not exceed 25 feet maximum tilt if the system meets the principal structure setback from the zoning district.
      (3)   Location within lot. Solar systems must meet the accessory structure setback for the zoning district.
      (4)   Roof-mounted solar systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems that are parallel to the roof surface shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. The collector and racking for roof-mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges by at least two feet. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
      (5)   Ground-mounted solar systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
      (6)   Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04.
      (7)   Maximum coverage. Roof or building mounted solar systems, excluding building-integrated systems, shall not cover more than 80% of the south-facing or flat roof upon which the panels are mounted. The total collector surface area of pole or ground mount systems outside of the Agriculture Protection District shall not exceed 1% of the lot area. Pole or ground mounted systems must meet the impervious surface requirements of the underlying district in which the system is located or have a stormwater management plan and meet the erosion and sediment control requirements of § 5.04.
      (8)   Approved solar components. Electric solar system components must have an Underwriters Laboratory (UL) listing.
      (9)   Compliance with State Electric Code. All photovoltaic systems shall comply with the State Electric Code.
      (10)   Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Planning and Zoning Department that the owner has notified the utility company of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
(Ord. 97, passed 7-21-2009; Ord. 108, passed 3-5-2013; Ord. 111, passed 10-1-2013; Ord. 112, passed 1-7-2014; Ord. 113, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 127, passed 11-7-2017; Ord. 138, passed 9-3-2019; Ord. 141, passed 5-5-2020; Ord. 152, passed 10-18-2022; Ord. 158, passed 10-1-2024; Ord. 160, passed 2-4-2025)

§ 6.17 HC HIGHWAY COMMERCIAL DISTRICT STANDARDS.

   (A)   Purpose. The Highway Commercial District is intended to:
      (1)   Maintain and enhance the county’s economic base and promote employment;
      (2)   Accommodate business uses that meet the needs of the traveling public, including those uses which may be incompatible with the predominantly retail uses allowed within cities’ business districts;
      (3)   Encourage high quality development that avoids or mitigates impacts to natural systems and less intensive uses; and
      (4)   Ensure that the efficiency and safety of arterial roadways are maintained through access control management.
   (B)   Permitted uses.
      (1)    Agriculture, and incidental agriculture-related uses including farm homesteads and agricultural building(s);
      (2)   Agricultural chemicals, fertilizer sales, including the blending of fertilizer;
      (3)   Agriculturally-oriented business, including auction houses;
      (4)   Feed and seed sales;
      (5)   Grain elevator, grain storage and drying (commercial);
      (6)   Natural resource manufacturing and processing;
      (7)   Seasonal produce stand;
      (8)    Accessory dwelling unit, pursuant to standards in § 4.03;
      (9)   Daycare center;
      (10)   Local governmental agency building or facility, community center Town Hall and accessory building(s);
      (11)   Parks and public recreation areas;
      (12)   Go-cart track, miniature golf, skating rink (unenclosed);
      (13)   Gun or archery range, indoor;
      (14)   Skating rink (enclosed), dance hall, game arcade, bowling alley, health club;
      (15)   Riding academy, boarding stable;
      (16)   Art, photography, crafts gallery, pottery shop, studios;
      (17)   Automobile repair;
      (18)   Automobile service station, car wash;
      (19)   Automobile, trailer, marine, recreational vehicle and farm implement sales;
      (20)   Bakery, coffee shop;
      (21)   Barber, beauty shop;
      (22)   Bed and breakfast;
      (23)   Building material sales and storage, lumber yard, garden store, commercial greenhouse, manufactured home sales;
      (24)   Convenience gas and goods sales;
      (25)   Convention center, exhibit hall;
      (26)   Flea market, auction site;
      (27)   Laundry, laundromat;
      (28)   Motel, hotel;
      (29)   Office, professional or medical;
      (30)   Office, other than professional or medical;
      (31)   Office services;
      (32)   Repair services. Repair service includes, but are not limited to, the repair of: appliances, furniture and upholstery, jewelry, shoes, musical instruments, watches, and other articles generally found for sale in retail sales establishments;
      (33)   Restaurant (drive-in), theater (drive-in), or similar uses that provide goods and services to patrons in automobiles;
      (34)   Restaurant;
      (35)   Retail sales establishment. Retail sales establishments include, but are not limited to, establishments that offer the following goods and/or service: antique and collectibles, bicycle sales and repair, books, clothing, convenience food goods, drugs, groceries, guns and ammunition, hardware, jewelry, music, musical instruments, newspapers and magazines, office furniture and supplies, picture framing, recreation equipment sales and service, stationery, tobacco, tourist related sales and service, video sales and rentals;
      (36)   Shopping center;
      (37)   Tavern, club;
      (38)   Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel;
      (39)   Railroad right-of-way, but not including railroad yard;
      (40)    Parking facility;
      (41)   Solar energy systems (accessory);
      (42)   Swimming pool, hot tub;
      (43)   Water-oriented accessory structures (docks, lifts and the like);
      (44)   Agritourism;
      (45)   Agricultural direct-market business;
      (46)   Cannabis retail; and
      (47)   Other accessory uses and structures that are incidental to the principal use.
   (C)   Conditional uses.
      (1)   Single-family detached dwelling (see density and other standards);
      (2)   Licensed residential program (up to eight residents);
      (3)   Religious institution;
      (4)   School, public or private;
      (5)   Campground;
      (6)   Golf course, country club, driving range;
      (7)   Gun or archery range, outdoor;
      (8)   Organized motor sports, ATVs, trucks, tractors or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events);
      (9)   Paint ball course;
      (10)   Adult uses;
      (11)   Water-oriented commercial business;
      (12)   Advertising sign (off-site);
      (13)   Truck terminal, truck stop, freight terminal;
      (14)   Warehouse distribution facility;
      (15)   Essential services, facilities and structures;
      (16)   Outdoor display;
      (17)    Wind turbine, accessory;
      (18)   Industrial wastewater treatment facility;
      (19)   Solar farms;
      (20)   Cannabis cultivation;
      (21)   Cannabis manufacturer;
      (22)   Hemp manufacturer;
      (23)   Cannabis wholesale; and
      (24)   Cannabis transportation.
   (D)   Outdoor display standards. The following standards shall apply to nonresidential development within the Highway Commercial District: Display of materials shall be located outside the public right-of-way and shall be maintained in an orderly condition.
   (E)   Dimensional standards. Development within the Highway Commercial District shall be subject to the following minimum dimensional standards:
      (1)   Lot area:
         (a)   Principal permitted and conditional uses: as necessary to meet all setbacks and coverage regulations, or as specified by conditional use permit; and
         (b)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 100 feet;
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
         (a)   Front yard: 50 feet;
         (b)   Side yard: 15 feet, or 50 feet from any lot in a residential or agricultural district; and
         (c)   Rear yard: 15 feet or 50 feet from any lot in a residential or agricultural district.
      (4)   Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard: same as principal structure;
         (b)   Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height); and
         (c)   Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height).
      (5)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: 10 feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator.
      (6)   Maximum impervious coverage: 65% of lot area; and
      (7)   Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 35 feet.
   (F)   Access management standards. Access points shall be sited and designed according to the access management standards in Article 4 of this ordinance. A maximum of two access points shall be allowed to any county road unless the County Engineer finds that additional access points are warranted. Access to state highways requires MnDOT permit.
   (G)   Additional requirements. Additional requirements within this ordinance and other county ordinances apply to development in the HC District. These include, but are not limited to, the general regulations in Articles 4 and 5 and the conditional use and specific development standards in Article 3.
(Ord. 97, passed 7-21-2009; Ord. 113, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 160, passed 2-4-2025)

§ 6.18 HO HIGHWAY 14 OVERLAY DISTRICT.

   (A)   Purpose. The purpose of the Highway 14 District is to preserve the scenic and functional value of the U.S. Highway 14 corridor throughout the county. Objectives of the district are:
      (1)   To promote commercial and industrial development that is accessible to and visible from Highway 14 and that will present an attractive image while managing access to ensure safe and efficient travel; and
      (2)   To create consistent and cohesive sign regulations for identification and advertisement of businesses
   (B)   District application. The Highway Overlay district is established over an area 500 feet on either side of the Highway 14 right-of-way or easement line throughout the county.
   (C)   Permitted, conditional and accessory uses. Permitted, conditional and accessory uses of land are those that are allowed within the underlying districts.
   (D)   Access management. Highway 14 has been designed with limited access points in order to promote the safe and efficient use of the highway. Access to Highway 14 shall be restricted and may be prohibited consistent with the policies and requirements of the State Department of Transportation. In approving subdivisions of land, development site plans and building permits, the county may require any or all of the following access management techniques.
      (1)   Shared access. Existing parcels and parcels resulting from future subdivision may be required to share common access points, consistent with spacing guidelines.
      (2)   Access limitations. Parcels which abut Highway 14 and have access to intersecting streets or highways shall be required to take access from those intersecting roads.
      (3)   Traffic impact studies. Development proposals which could result in traffic trip generation in excess of 100 trips per day, as determined by the Institute of Traffic Engineers Trip Generation Manual (latest edition), may be required to complete a traffic impact study.
   (E)   Design and setback standards. The following design standards shall apply in addition to the requirements of the underlying districts.
      (1)   Setbacks. The minimum setbacks for buildings, parking areas or other structures from the right-of-way of Highway 14 shall be 25 feet.
      (2)   Site lighting. All lighting shall be directed away from residential uses and glare impacting the traveling public.
(Ord. 97, passed 7-21-2009; Ord. 105, passed 8-2-2011)

§ 6.19 I GENERAL INDUSTRIAL DISTRICT.

   (A)   Purpose. The purpose of the General Industrial District is to:
      (1)   Maintain and enhance the county’s economic base and promote employment;
      (2)   Provide a district suitable for commercial, general industrial, manufacturing and processing uses which, due to their size, location and character, require large sites and separation from residential and similar uses;
      (3)   Encourage high quality development that avoids or mitigates impacts to natural systems and less intensive uses; and
      (4)   Ensure that the efficiency and safety of arterial roadways are maintained through access control management.
   (B)   Permitted uses.
      (1)    Agriculture, and incidental agriculture-related uses, including agricultural building(s) and including farm homesteads;
      (2)   Agricultural chemicals, fertilizer sales;
      (3)   Agriculturally-oriented business;
      (4)   Auction houses;
      (5)   Ethanol or biofuel production, commercial;
      (6)   Feed and seed sales;
      (7)   Grain elevator, grain storage and drying (commercial);
      (8)   Natural resource manufacturing and processing;
      (9)   Seasonal produce stand;
      (10)   Highway maintenance shops and yards;
      (11)    Local governmental agency building or facility, community center, Town Hall and associated accessory building(s);
      (12)   Parks and public recreation areas;
      (13)   School, trade;
      (14)   Adult uses;
      (15)   Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services;
      (16)   Automobile, trailer, marine, recreational vehicle and farm implement sales;
      (17)   Building material sales and storage, lumberyard, garden store, commercial greenhouse, manufactured home sales;
      (18)   Office services;
      (19)   Repair services. Repair service include, but are not limited to, the repair of: appliances, furniture and upholstery, jewelry, shoes, musical instruments, watches and other articles generally found for sale in retail sales establishments;
      (20)   Cold storage plant, ice plant;
      (21)   Contractor’s yard with outdoor storage;
      (22)   Industrial sales establishment includes: dental instruments and supplies, medical and surgical instruments and supplies, precision instrument sales, sign contractor, welding supply, and new and used equipment (except unlicensed motor vehicles); sales and inventory;
      (23)   Manufacturing, limited, including fight assembly and packing. Limited manufacturing includes: Manufacture and assembly of cabinets and woodworking products; camera and photographic products; clothing; computers and accessories; confectionary and related products; footwear; film and video equipment; hand and edge tools; handbags and luggage; laboratory instruments and associated equipment; medical equipment; sports equipment; temperature controls; telecommunications equipment; bottling or distillation, printing, publishing, engraving and reproduction, newspaper plant and office, design and manufacture of patterns;
      (24)   Manufacturing, general. Includes the manufacturing and/or assembly of these products or conducting these processes: electric lighting and wiring equipment; electrical products and appliances; fabricated metal, plastic and rubber products (except tires and inner tubes); glass and glass products; textiles and fabrics; optical instruments and lenses; gypsum, drywall, plaster and stone products; machinery and equipment such as engines and turbines, cooling and refrigeration equipment, and machine tools; metal working such as stamping, welding, extruding, engraving, plating, grinding, polishing, cleaning and heat-treating;
      (25)   Truck terminal, truck stop, freight terminal;
      (26)   Warehouse distribution facility;
      (27)    Railroad right-of-way, but not including railroad yard;
      (28)   Kennels, commercial;
      (29)   Outdoor display;
      (30)   Parking facility;
      (31)   Solar energy systems (accessory);
      (32)   Auction site;
      (33)   Agritourism;
      (34)   Agricultural direct-market;
      (35)   Other accessory uses and structures that are incidental to the principal use;
      (36)   Permitted uses in the HC Highway Commercial District; and
      (37)   Food processing plant when connected to municipal water, municipal sewer, and/or an industrial waste treatment facility.   
   (C)   Conditional uses (see Article 4 for accessory uses).
      (1)   Mineral extraction, mining;
      (2)   Organized motor sports: ATVs, trucks, tractors or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events);
      (3)   Automobile repair;
      (4)   Automobile service station, car wash;
      (5)   Convenience gas and goods sales;
      (6)   Restaurant (drive-in), theater (drive-in) or similar uses that provide goods and services to patrons in automobiles;
      (7)   Veterinary and animal clinic and facilities for the care and/or breeding of animals, including kennels;
      (8)   Advertising sign (off-site);
      (9)   Fertilizer manufacture;
      (10)   Storage, bulk;
      (11)   Landfill (sanitary), recycling facility;
      (12)   Salvage yard, recycling facility with incinerator, other facilities with incinerators;
      (13)   Antenna for radio, television and communication facilities;
      (14)   Essential services, facilities and structures;
      (15)   Wind turbine, accessory;
      (16)   Industrial wastewater treatment facility;
      (17)   Solar farms;
      (18)   Cannabis cultivation;
      (19)   Cannabis manufacturer;
      (20)   Hemp manufacturer;
      (21)   Cannabis wholesale;
      (22)   Cannabis delivery; and
      (23)   Conditional uses in the HC Highway Commercial District.
   (D)   Outdoor display standards. Display of materials shall be located outside the public right-of-way, and shall be maintained in an orderly condition.
   (E)   Dimensional standards. Development within the General Industrial District shall be subject to the following minimum dimensional standards:
      (1)   Lot area:
         (a)   Principal permitted and conditional uses: as necessary to meet all setbacks and coverage regulations, or as specified by conditional use permit; and
         (b)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 100 feet;
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
         (a)   Front yard: 50 feet;
         (b)   Side yard: 15 feet, or 50 feet from any lot in a residential or agricultural district; and
         (c)   Rear yard: 15 feet or 50 feet from any lot in a residential or agricultural district.
      (4)   Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard: same as principal structure;
         (b)   Side yard: ten feet; and
         (c)   Rear yard: ten feet.
      (5)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined;
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds.
      (6)   Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 70 feet; and
      (7)   Maximum impervious coverage: 75% of lot area.
   (F)   Additional requirements. Additional requirements within this ordinance and other County ordinances apply to development in the I District. These include, but are not limited to, the general regulations in Article 4 and the conditional use and specific development standards in Article 3.
(Ord. 97, passed 7-21-2009; Ord. 113, passed 4-15-2014; Ord. 115, passed 6-17-2014; Ord. --, passed --; Ord. 142, passed 7-21-2020; Ord. 160, passed 2-4-2025)

§ 6.20 UE URBAN EXPANSION DISTRICT STANDARDS.

   (A)   Purpose. The purpose of the Urban Expansion District is to implement the following objectives, based on the goals and policies of the County Comprehensive Plan:
      (1)   Promote housing development in cities who can provide public services rather than in agricultural districts;
      (2)   Provide a zoning district that will defer residential development in areas where city expansion is expected until such land is incorporated into municipal corporate limits;
      (3)   Avoid premature subdivision of parcels in a low density residential pattern that would make future provision of public services inefficient;
      (4)   Encourage intergovernmental and area-wide planning to provide for recreational amenities, street linkages, and inter-parcel stormwater management for development at the edge of municipalities and a harmonious transition between rural and urban land uses and development; and
      (5)   Restrict land uses that have the potential to interfere with orderly urban expansion and subdivisions at urban densities.
   (B)   Permitted uses.
      (1)   Agriculture and incidental agriculture-related uses, including agricultural building(s);
      (2)   Forestry, production of woodland products, nurseries, tree farms;
      (3)   Seasonal produce stand;
      (4)   Wildlife area, fish hatchery and forest preserve owned or operated by governmental agencies;
      (5)   Single-family detached dwelling;
      (6)   Home occupation, pursuant to § 6.11(B);
      (7)   Licensed residential program (up to eight residents);
      (8)   Daycare center;
      (9)   Local governmental agency building or facility, community center, Town Hall and associated accessory building(s);
      (10)   Parks and public recreation areas;
      (11)   Religious institution;
      (12)   School, public or private;
      (13)   Flea market, auction site;
      (14)   Railroad right-of-way, but not including railroad yard;
      (15)   Family daycare;
      (16)   Group family daycare;
      (17)   Solar equipment;
      (18)   Swimming pool, hot tub;
      (19)   Water-oriented accessory structures (docks, lifts and the like);
      (20)   Wind turbine, accessory;
      (21)   Sober house; and
      (22)   Other accessory uses and structures that are incidental to the principal use.
   (C)   Conditional uses (see Article 4 for accessory uses).
      (1)   Feedlots;
      (2)   Two-family dwelling;
      (3)    Accessory dwelling unit, pursuant to § 4.03;
      (4)   Boarding house;
      (5)   Home occupation, pursuant to § 6.11(C);
      (6)   Manufactured home park;
      (7)   Temporary worker housing;
      (8)   Cemetery, memorial garden;
      (9)   Highway maintenance shops and yards;
      (10)   Campground;
      (11)   Golf course, country club, driving range;
      (12)   Gun or archery range, indoor;
      (13)   Skating rink (enclosed), dance hall, game arcade, bowling alley, health club;
      (14)   Organized motor sports: ATVs; trucks; tractors; or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events);
      (15)   Paint ball course;
      (16)   Riding academy, boarding stable;
      (17)   Building material sales and storage, lumber yard, garden store, commercial; greenhouse, manufactured home sales;
      (18)   Office, professional or medical;
      (19)   Office, other than professional or medical;
      (20)   Office services;
      (21)   Repair services. Repair service include, but are not limited to, the repair of: appliances, furniture and upholstery, jewelry, shoes, musical instruments, watches, and other articles generally found for sale in retail sales establishments;
      (22)   Restaurant (drive-in), theater (drive-in) or similar uses that provide goods and services to patrons in automobiles;
      (23)   Restaurant;
      (24)   Retail sales establishment. Retail sales establishments include, but are not limited to, establishments that offer the following goods and/or service: antique and collectibles, bicycle sales and repair, books, clothing, convenience food goods, drugs, groceries, guns and ammunition, hardware, jewelry, music, musical instruments, newspapers and magazines, office furniture and supplies, picture framing, recreation equipment sales and service, stationery, tobacco, tourist related sales and service, video sales and rentals;
      (25)    Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennels;
      (26)   Essential services, facilities, and structures;
      (27)   Cannabis retail; and
      (28)   Outdoor display.
   (D)   Density standards. The base density permitted in the UE District is one dwelling unit per quarter-quarter section or parcel of record. Dwellings existing at the time of the adoption of this ordinance will be included when determining whether or not a quarter-quarter section is at its maximum density. A dwelling that is part of a farmstead shall be counted as a dwelling unit.
   (E)   Conditional use standards for nonresidential uses. Nonresidential business, institutional or recreational uses, as categorized in Table 6.10, shall meet the following additional requirements in addition to the conditional use standards for those uses outlined in Article 6 and for conditional uses generally in Article 3.
      (1)   The location of the proposed development must be consistent with planned growth areas in the adjacent city’s Comprehensive Plan.
      (2)   The proposed development will not preclude orderly expansion of existing residential neighborhoods.
      (3)   The development must be served by a road adequate to serve the traffic generated by the development.
   (F)   Applicability of city zoning standards. If a joint planning board of city, township and county representatives has been established for the Urban Expansion District, the County Board may choose to apply the appropriate zoning standards of the adjacent city, including dimensional standards and other land use and environmental regulations.
   (G)   Dimensional standards. Development within the Urban Expansion District shall be subject to the following minimum dimensional standards:
      (1)   Lot area:
         (a)   Single-family dwelling, standard lots: one acre minimum;
         (b)   Other principal permitted and conditional uses: two and one-half acre minimum or as specified by conditional use permit; and
         (c)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 100 feet;
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
         (a)   Front yard: 50 feet;
         (b)   Side yard: 20 feet; and
         (c)   Rear yard: 30 feet.
      (4)   Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard same as principal structure;
         (b)   Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height); and
         (c)   Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in height).
      (5)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds.
      (6)   Maximum impervious coverage: 25%; and
      (7)   Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 35 feet.
   (H)   Accommodating future public water supply and sewerage facilities. Where determined appropriate by the Planning Commission, subdivisions shall be designed so as allow for the future installation of public water supply and sewerage facilities in the most efficient and economical manner. Utility easements shall be reserved in all locations necessary for the future installations of public water facilities.
   (I)   Additional requirements. Additional requirements within this ordinance and other county ordinances apply to development in the Urban Expansion District. These include, but are not limited to, the general regulations in Article 4 and the conditional use and specific development standards in Articles 3 and 6.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

§ 6.21 VMX VILLAGE MIXED USE DISTRICT STANDARDS.

   (A)   Purpose. The purpose of the Village Mixed Use District is to recognize the existence of small rural unincorporated villages that were developed prior to contemporary land use and environmental regulations and that include a mixture of land uses. Development in many of these villages is constrained by small lot sizes that are inadequate to support on-site wastewater treatment. The district is intended to implement the following objectives:
      (1)   Encourage development that will increase the housing diversity and economic viability of the unincorporated rural villages through construction of a greater variety of housing types, compatible new uses or intensification of existing land uses;
      (2)   Maintain and enhance the existing character of the villages, while encouraging rehabilitation or reuse of existing buildings;
      (3)   Encourage the development of community sewer systems that can improve wastewater treatment for existing development as well as new development;
      (4)   Prevent or mitigate conflicts between agricultural and non-agricultural land uses; and
      (5)   Allow flexibility in dimensional standards without compromising public health and safety.
   (B)   Permitted uses. (Commercial and office uses in the Village Mixed Use District listed below as “permitted” shall not exceed 5,000 square feet of gross floor area on the ground floor, except by conditional use permit; the maximum size of conditional commercial or other nonresidential uses shall be as specified in the conditional use permit.)
      (1)   Agriculturally-oriented business;
      (2)   Seasonal produce stand;
      (3)   Single-family detached dwelling;
      (4)    Accessory dwelling unit, pursuant to § 4.03;
      (5)   Home occupation, pursuant to § 6.11(B);
      (6)   Licensed residential program (up to eight residents);
      (7)   Daycare center;
      (8)   Local governmental agency building or facility, community center, Town Hall and associated accessory building(s);
      (9)   Parks and public recreation areas;
      (10)   Religious institution;
      (11)   School, public or private;
      (12)   Art, photography, crafts gallery, pottery shop, studios;
      (13)   Bakery, coffee shop;
      (14)   Barber, beauty shop;
      (15)   Bed and breakfast;
      (16)   Convenience gas and goods sales;
      (17)   Retail sales establishment;
      (18)   Railroad right-of-way, but not including railroad yard;
      (19)   Family daycare;
      (20)   Group family daycare;
      (21)   Parking facility;
      (22)    Solar energy systems, pursuant to § 6.11(PP);
      (23)   Swimming pool, hot tub;
      (24)   Water-oriented accessory structures (docks, lifts and the like);
      (25)   Wind turbine, accessory;
      (26)   Sober house;
      (27)   Cannabis retail; and
      (28)   Other accessory uses and structures that are incidental to the principal use.
   (C)   Conditional uses.
      (1)   Feedlots;
      (2)   Agricultural chemicals, fertilizer sales;
      (3)   Grain elevator, grain storage and drying (commercial);
      (4)   Livestock sales barn and accessory facilities;
      (5)   Two-family dwelling;
      (6)   Boarding house;
      (7)    Home occupation, pursuant to § 6.11(C);
      (8)   Manufactured home park;
      (9)   Multi-family dwelling;
      (10)   Cemetery, memorial garden;
      (11)   Campground;
      (12)   Skating rink (enclosed), dance hall, game arcade, bowling alley, health club;
      (13)   Automobile repair;
      (14)   Automobile service station, car wash;
      (15)   Office, professional or medical;
      (16)   Office, rather than professional or medical;
      (17)   Repair services. Repair service include, but are not limited to, the repair of: appliances; furniture and upholstery; jewelry; shoes; musical instruments; watches and other articles generally found for sale in retail sales establishments;
      (18)   Restaurant;
      (19)   Tavern, club;
      (20)   Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennels;
      (21)    Essential services, facilities and structures;
      (22)   Kennels, private;
      (23)   Landscape material retail business; and
      (24)   Outdoor display.
   (D)   Dimensional standards. Development within the Village Mixed Use District shall be subject to the following minimum dimensional standards:
      (1)   Lot area:
         (a)   Single-family dwelling: 30,000 square feet or additional area as necessary to provide adequate on-site wastewater treatment, as regulated by the County SSTS standards. A community sewer system or an off-site drainfield located on an adjacent property may be used to meet wastewater treatment standards with the approval of the County Public Health Services Department and Zoning Administrator;
         (b)   Other principal permitted and conditional uses: one acre minimum or as specified by conditional use permit; and
         (c)   No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
      (2)   Minimum lot width: 75 feet;
      (3)   Minimum setbacks from property or road right-of-way lines, principal structures:
         (a)   Front yard: 35 feet, or within the range of the existing setbacks on the block;
         (b)   Side yard: 20 feet; and
         (c)   Rear yard: 30 feet.
      (4)   Minimum setbacks from property or road right-of-way lines, accessory structures:
         (a)   Front yard same as principal structure;
         (b)   Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height); and
         (c)   Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height).
      (5)   Minimum setbacks, windbreaks and trees:
         (a)   Road right-of-way of less than 100 feet: 20 feet from right-of-way;
         (b)   Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
         (c)   From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
         (d)   Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds.
      (6)   Maximum impervious coverage: 50% of lot area; and
      (7)   Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 35 feet.
   (E)   Additional requirements. Additional requirements within this ordinance and other county ordinances apply to development in the VMX District. These include, but are not limited to, the general regulations in Article 4 and the conditional use standards in Article 3 and 6.
   (F)   VMX extension. Any request for a zoning change to rezone land to the VMX District must meet the following criteria as a condition of approval.
      (1)   The property proposed for rezoning must be adjacent to the boundary of the VMX District.
      (2)    Centralized wastewater collection and treatment facilities may be provided to serve the rezoned area and, to the extent feasible, to provide service to existing developed areas.
      (3)   Connections between proposed streets and existing streets may be required to facilitate pedestrian circulation and to integrate new development into the existing village.
(Ord. 97, passed 7-21-2009; Ord. 157, passed 7-2-2024; Ord. 160, passed 2-4-2025)

§ 6.22 SO SHORELAND OVERLAY DISTRICT STANDARDS.

   (A)   Purpose. The purpose of the Shoreland Overlay District is to protect and enhance the quality of surface waters by promoting the wise utilization of public waters and related land resources. The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in compliance with the terms of this ordinance and other applicable regulations.
   (B)   District boundaries. The Shoreland Overlay District shall apply to all land designated as Shoreland Area within the jurisdiction of the county. The boundaries of the district are defined as follows.
      (1)   Lands 1,000 feet landward from the ordinary high water level of all protected water basins as identified on the protected waters and wetlands map and listed in Article 5 of this ordinance.
      (2)   Lands 300 feet from the ordinary high water level, or within the landward extent of the designated 100-year floodplain, whichever is greater, of all protected watercourses as listed in Article 5 of this ordinance.
   (C)   Overlay District application. The Shoreland Overlay District shall be an overlay district that shall be superimposed on all zoning districts. The standards contained in the Shoreland Overlay District shall be in addition to the requirements of the primary zoning district and any other requirements set forth in this ordinance. If standards are conflicting, the more restrictive standards shall apply, with the exception that the conservation subdivision design standards of this ordinance shall take precedence over other lot area and dimensional requirements.
   (D)   Permitted and conditional uses. Except for the following, the only permitted or conditional uses allowed in the Shoreland Overlay District shall be those uses allowed as permitted or conditional in the primary zoning district. Conditional use standards in Articles 3 and 6 shall apply in addition to any other conditions that apply to the conditional use.
      (1)   Commercial recreational uses, commercial sales and service uses, and industrial and related uses shall only be allowed as conditional uses.
      (2)   New animal feedlots are prohibited within the Shoreland Overlay District. Existing feedlots shall be considered as permitted uses; however, any addition or expansion shall only be allowed as a conditional use.
      (3)   New extractive uses are prohibited within the Shoreland Overlay District.
   (E)   Accessory uses and structures. Accessory uses and structures in the Shoreland Overlay District shall be the same as those accessory uses and structure allowed in the primary zoning district.
   (F)   Dimensional standards.
      (1)   Dimensional standards for unsewered lakes. Dimensional standards are as specified in the table below, or as specified by the underlying zoning; the most restrictive standard shall apply. Only land located above the ordinary high water level may be used to meet minimum lot area requirements. These dimensional standards apply to single-family dwellings.
 
Lake Class
Natural Environment
Recreational Develop.
General Develop.
Minimum lot area (square feet)
Riparian
2 acres
1 acre
1 acre
Non-riparian
2 acres
1 acre
1 acre
Minimum lot width
Riparian
200 ft.
150 ft.
100 ft.
Non-riparian
200 ft.
150 ft.
150 ft.
 
      (2)   Lot area and width standards for rivers and streams. Lot widths are as specified below, or as specified by the underlying zoning; the most restrictive standard shall apply. Only land located above the ordinary high water level may be used to meet minimum lot area requirements. These dimensional standards apply to single-family dwellings.
 
Stream Class
Agricultural
Tributary
Minimum lot area (square feet)
See underlying zoning
Minimum lot width
150 feet
100 feet
 
      (3)   Lot area and lot width for duplexes. The minimum lot area and lot width for duplexes, where allowed by the primary zoning, shall be 50% larger than the single-family lot area and lot width specified in this section or by the primary zoning district. (For example, a minimum lot area of one and one-half acres and a minimum lot width of 225 feet would be required for a riparian lot on a recreational development lake.)
   (G)   Standards for placement, design and height of structures (amended 9-15-2009).
      (1)   Placement of structures is regulated by the setback distance from the ordinary high water level (OHWL) or the delineated boundary of wetlands that intersect the shore impact zone (wetland boundary).
      (2)   Standards for lakes.
Lake Class
Natural Environment
Recreational Develop.
General Develop.
Lake Class
Natural Environment
Recreational Develop.
General Develop.
Minimum setbacks from ordinary high water level
All structures, except water-oriented accessory structures
200 ft.*
100 ft.*
75 ft.*
1 permitted water-oriented accessory
20 feet
20 feet
20 feet
Sewage treatment system
150 feet
75 feet
75 feet
Additional structure setbacks
From top of bluff
30 feet
30 feet
30 feet
From unplatted cemetery
50 feet
50 feet
50 feet
From road right-of-way edge
50 feet
50 feet
50 feet
From road right-of-way edge of a private road
25 feet
25 feet
25 feet
Maximum impervious surface coverage
25% of lot area
25% of lot area
25% of lot area
Maximum height of principal and accessory structures
See primary zoning requirements
 
      (3)   Standards for agricultural and tributary rivers and streams.
Minimum setbacks from ordinary high water level
All structures except water-oriented accessory structures
100 feet
1 permitted water-oriented accessory structure
10 feet
Sewage treatment system
75 feet
Additional structure setbacks
From top of bluff
30 feet
From unplatted cemetery
50 feet
From road right-of-way edge
50 feet
From road right-of-way edge of a private road
25 feet
Maximum impervious surface coverage
15% of lot area
Maximum height of principal and accessory
See primary zoning
 
      (4)    The minimum setback from a wetland shall be 50 feet.
      (5)   Setbacks from the ordinary high water mark and the side yard setbacks, may be modified without variance for structures existing on August 1, 2009 located outside of the shore impact zone and above the top of bluff with the dedication and recording of an easement (including a planting plan), approved by the county Planning and Zoning Administrator, providing for planting and maintenance of approved shoreland plants at a ratio of three square feet of plants for each square foot of additional building, deck or porch area added. Side yard setback must be maintained at a distance of at least ten feet. Whenever possible, shoreland plants will be planted near the shore and worked landward.
      (6)   Shore impact zone. The “shore impact zone” is defined as land located between the ordinary high water level (OHWL), or the delineated boundary of a wetland intersects the shore impact zone as measured from the OHWL, and a parallel line at a distance of 50% of the setback for principal structures. (For example, the shore impact zone for natural environment lakes would be 100 feet, for recreational development lakes 75 feet, and for general development lakes 37.5 feet. The shore impact zone around a wetland that intersects a lake’s shore impact zone would similarly be 100 feet, 75 feet or 37.5 feet, depending on the lake classification). The shore impact zone must remain in its natural vegetative state except as specified in subsection (H) below (“Shoreland alterations”).
      (7)   Placement of structures on lots.
         (a)   Generally. Where principal structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.
         (b)   Shore impact zones. Structures and accessory facilities, except stairways and landings and permitted water-oriented accessory structures, shall not be placed within shore impact zones.
         (c)   Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
         (d)   Uses without water oriented needs. 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.
      (8)   High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where the data does not exist, the elevation to which the lowest floor, including basement, is placed or flood proofed must be determined as follows:
         (a)   For lakes, by placing the lowest floor at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is highest; and
         (b)   For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, Parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities.
      (9)   Water oriented accessory structures. Each lot may contain one water oriented accessory structure not meeting the normal structure setback in this subsection if this structure complies with the following provisions.
         (a)   The building area of the structure or facility shall not exceed 250 square feet in area, measured at grade, or ten feet in height, exclusive of safety rails. Detached decks shall not exceed eight feet above grade at any point.
         (b)   The structure or facility shall be set back a minimum of ten feet from the ordinary high water level.
         (c)   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, assuming summer, leaf-on conditions.
         (d)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
         (e)   The structure or facility shall not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
         (f)   Water oriented accessory structures may have the lowest floor placed lower than elevation determined in subsection (G) above if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation, and if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
         (g)   On general development and recreational development lakes, water-oriented accessory structures used solely for watercraft storage, 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.
      (10)   Guest cottages. One guest cottage may be allowed on lots that are at least 50% greater in area than the minimum lot area specified in subsection (F) above, provided the following standards are met.
         (a)   A guest cottage shall not exceed 700 square feet in area, measured at grade, or 15 feet in height.
         (b)   A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
         (c)   The parcel may not be further subdivided to place the guest cottage on a separate lot.
         (d)   Before securing approval for construction of a guest cottage, the owner of the property shall record against the deed, a deed restriction running in favor of the county limiting ownership of the guest cottage to the owner of the principal dwelling unit on the property.
      (11)   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 lift must meet the following design requirements.
         (a)   Stairways and lifts shall 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.
         (b)   Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties and public open space recreational properties.
         (c)   Canopies or roofs are not allowed on stairways, lifts or landings.
         (d)   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.
         (e)   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.
         (f)   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 subsections (G)(11)(a) through (G)(11)(e) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.
      (12)   Shore impact zone for permitted agricultural uses.
         (a)   The shore impact zone for parcels with permitted agricultural land uses is an area with a 50-foot average width and a 30-foot minimum width, as measured from the ordinary high water level if identified, or the top or crown of bank or normal water level as provided in M.S. § 103F.48, Subd. 3(c), as it may be amended from time to time, whichever is applicable.
         (b)   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan that includes alternative riparian water quality practices based on the Natural Resources Conservation Service Field Office Technical Guides (FOTG), practices approved by the Board of Water and Soil Resources (BWSR), or practices based on local conditions approved by of the local soil and water conservation district that are consistent with the FOTG.
         (c)   Alternative practices: incorporation of approved alternative practices may reduce the overall buffer width, however, the minimum width cannot be less than 30 feet.
   (H)   Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, limit direct and indirect impacts on water quality, prevent bank slumping and protect fish and wildlife habitat. The following standards shall apply to shore and bluff impact zones and steep slopes.
      (1)   The shore impact zone shall be maintained as a natural vegetative buffer, consisting of trees, shrubs and low ground cover of native plants and understory in a natural state.
      (2)   Vegetation clearing and removal of ground cover, including leaf litter and the forest floor duff layer, is not allowed within the shore and bluff impact zones and on steep slopes, except as follows.
         (a)   Within the shore impact zone, limited clearing of trees and shrubs, and cutting, pruning and trimming of trees may be allowed to accommodate the placement of stairways and landings, access paths, view corridors, recreation use areas and permitted water-oriented accessory structures or facilities. Trees, shrubs and a low ground cover consisting of native plants and understory shall be maintained in a natural state within this area. An access path permitted within this area shall not exceed a cleared width of six feet and must be oriented generally perpendicular to the shoreline.
         (b)   One shoreline recreation use area may be allowed on each residential lot, not to exceed the following dimensions:
 
Class or District
Width (maximum distance in feet parallel to shore)
Length (feet)
Agricultural and tributary rivers
30
15
General development
30
15
Natural environment
10
15
Recreational development
20
15
 
         (c)   Within bluff impact zones and on steep slopes, limited clearing of trees and shrubs, and cutting, pruning and trimming of trees may be allowed to accommodate the placement of stairways and landings and access paths. Trees, shrubs and a low ground cover consisting of native grasses and plants shall be maintained within these areas.
         (d)   Use of fertilizer shall not be allowed within the shore impact zone. Use of fertilizer and pesticides elsewhere within the Shoreland Overlay District provided that it is done in such a way as to minimize runoff into the shore impact zone or public water.
         (e)   No impervious surfaces shall be allowed within the shore impact zone, except for boat launches, stairways, lifts or landings, and, where permitted, one water-oriented accessory structure.
         (f)   Along rivers, existing shading of water surfaces shall be preserved.
         (g)   The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
   (I)   Topographic alterations/grading and filling.
      (1)   Grading, filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit; however, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
      (2)   Public roads and parking areas are regulated by Articles 3 and 6 of this ordinance.
      (3)   Notwithstanding subsections (I)(1) and (I)(2) above, a grading and filling permit will be required for:
         (a)   The movement of more than five cubic yards of material on steep slopes or within shore or bluff impact zones; and
         (b)   The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
      (4)   The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
         (a)   Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 Wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland;
         (b)   Sediment and pollutant trapping and retention;
         (c)   Storage of surface run-off to prevent or reduce flood damage;
         (d)   Fish and wildlife habitat;
         (e)   Recreational use;
         (f)   Shoreline or bank stabilization; and
         (g)   Noteworthiness, including special qualities such as historic significance critical habitat for endangered plants and animals or others.
      (5)   Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
      (6)   Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
      (7)   Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
      (8)   Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
      (9)   Fill or excavated material must not be placed in a manner that creates an unstable slope.
      (10)   Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
      (11)   Fill or excavated material must not be placed in bluff impact zones.
      (12)   Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of the DNR under M.S. § 103G.245, as it may be amended from time to time.
      (13)   Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
      (14)   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
   (J)   Conservation subdivision design standards for residential development. Within the Shoreland Overlay District where the primary zoning district is the Limited Residential District, all subdivisions of eight or more lots at a density of eight units per 40 acres shall be designed according to the conservation subdivision design requirements of the Limited Residential District, and the following standards.
      (1)   The lot area, density and dimensional standards of the Limited Residential District shall apply.
      (2)   The shore and bluff impact zones shall be included as common open space. A minimum of one access corridor through the shore impact zone must be provided for use by all residents, with a minimum width of 50 feet, located outside of wetland or floodplain areas.
   (K)   Penalties for violation. A violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.
      (1)   In responding to a suspected ordinance violation, the Zoning Administrator and local government 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. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible to protect the shoreline.
      (2)   When an ordinance violation is either discovered by or brought to the attention of the Land and Water Resources Director, the Land and Water Resources Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources office along with the community’s plan of action to correct the violation to the degree possible.
      (3)   The Land and Water Resources Director and the Zoning Administrator shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls.
         (a)   If the structure and/or use are under construction or development, the Land and Water Resources Director in consultation with the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community, if the construction or development is already completed, then the Land and Water Resources Director and or the Zoning Administrator may either:
            1.   Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or
            2.   Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
         (b)   If the responsible party does not appropriately respond to the Land and Water Resources Director or the Zoning Administrator within the specified period, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Land and Water Resources Manager or the Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017; Ord. 139, passed 10-15-2019; Ord. 160, passed 2-4-2025)

§ 6.23 FO FLOODPLAIN OVERLAY DISTRICT STANDARDS.

   (A)   Statutory authorization, findings of fact and purpose.
      (1)   Statutory authorization. The legislature of the state has, in M.S. Chapters 103F and 394 and Minnesota Rules, Parts 6120.5000 through 6120.6200, as they may be amended from time to time, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. M.S. Chapter 103F, as it may be amended from time to time, further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program (NFIP) in 44 CFR §§ 59 through 78. Therefore, the county does ordain as follows.
      (2)   Statement of purpose. The purpose of this section is to maintain the community’s eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of 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, all of which adversely affect the public health, safety and general welfare. This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater 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)   Warning of disclaimer of liability. This section does not imply that area outside of the floodplain district or land uses permitted within such districts will be free from flooding and 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 shall not create liability on the part of the county or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made thereunder.
   (B)   General provisions.
      (1)   Adoption of flood insurance rate map. 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 ordinance. The attached material includes the Flood Insurance Study for Waseca County, Minnesota, and incorporated areas, and the Flood Insurance Rate Map Index 27161CIND1A, both dated March 27, 2024, and prepared by the Federal Emergency Management Agency. These materials are on file at the County Planning and Zoning Office.
      (2)   Lands to which section applies. This section shall apply to all lands designated as floodplain within the jurisdiction of the county.
      (3)   Interpretation. The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain zoning district map. 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. The Zoning Administrator shall require detailed studies consistent with subsection (D)(7) below to determine the floodway and flood fringe boundaries.
   (C)   Conflict with pre-existing zoning regulations and general compliance.
      (1)   The Floodplain District as Overlay Zoning District. The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subsections (D)(1) through (D)(6) and (D)(8) below shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section shall apply.
      (2)   Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the floodway and flood fringe, all uses not listed as permitted uses in subsections (D)(1) through (D)(6) below shall be prohibited. In addition, a caution is provided here that:
         (a)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically subsections (D)(1) through (D)(6) and (D)(16) below;
         (b)   Modification, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically subsection (D)(13) below; and
         (c)   As-built elevations for elevated structures must be certified by ground surveys as stated in subsection (D)(11) below.
   (D)   Permitted uses, standards and floodplain evaluation criteria.
      (1)   Permitted uses in the floodplain. The following uses of land are permitted uses in the floodplain district:
         (a)   Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill or storage of materials or equipment;
         (b)   Any uses of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in subsections (D)(2) through (D)(6) below and the floodplain evaluation criteria in subsection (D)(7) below for determining floodway and flood fringe boundaries; and
         (c)    Recreational vehicles are regulated by subsection (D)(16) below.
      (2)   Standards for floodplain permitted uses. All development must:
         (a)   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;
         (b)   Be constructed with materials and equipment resistant to flood damage;
         (c)   Be constructed by methods and practices that minimize flood damage;
         (d)   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;
         (e)   Be reasonably safe from flooding and consistent with the need to minimize flood damage;
         (f)   Be assured to provide adequate drainage to reduce exposure to flood hazards;
         (g)   Not be detrimental to uses in adjoining areas;
         (h)   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system;
         (i)   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;
         (j)   Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested;
         (k)   Storage of materials and equipment.
            1.   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.
            2.   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.
            3.   No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system; and
         (l)   All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon.
      (3)   All uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
      (4)   Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
      (5)   On-site sewage treatment, water supply systems and other service facilities. Private facilities shall be subject to applicable provisions detailed in Section 9.2. 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 in a designated floodway, and are subject to the provisions in Minnesota Rules, Part 7080.2270 and Chapter 4725.4350, Subp. 2 (Flood Protection).
      (6)   Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards of this section. In addition:
         (a)   All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
         (b)   New manufactured home parks and expansions to existing home parks must meet the appropriate standards for subdivisions in subsection (D)(9).
      (7)   Floodplain evaluation.
         (a)   Upon receipt of an application for a use/building permit, manufactured home park development or subdivision approval within the floodplain district, the Zoning Administrator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota Rules, Parts 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.
         (b)   The Zoning Administrator shall submit one copy of all information required by subsection (D)(7)(a) above to the respective Department of Natural Resources Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The Zoning Administrator shall notify the respective
         (c)   Department of Natural Resources Area Hydrologist within ten days after a permit or manufactured home park development/subdivision approval is granted.
      (8)   Public and private, service facilities, roads, bridges, and railroads in the Floodplain District. All public and private utilities, service facilities, roads, bridges and railroads must meet the following, where applicable:
         (a)   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.
         (b)   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 Minnesota Rules, Part 7035.0300, are prohibited in the 1% annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, Part 4725.4350.
      (9)   Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
         (a)   All lots within floodplain districts must be suitable for a building site outside of the Floodway District.
         (b)   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 Waseca County.
         (c)   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 Waseca County.
         (d)   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.
         (e)   In the Floodplain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in subsection (D)(7)(a) above. The Planning Commission shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in subsections (D)(1) through (D)(8) above, and make a recommendation to the County Board.
         (f)   For all subdivision in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation (RFPE) and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
      (10)   Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
      (11)   Administration.
         (a)   Use permit required. A permit issued by the Zoning Administrator shall be secured prior to the construction, addition or alteration of any building or structure; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to the excavation or placement of an obstruction within the floodplain.
         (b)   Permit application requirements. Permit applications must include the following, where applicable, together with the applicable requirements in § 3.05:
            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; and
            4.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
         (c)   State and federal permits. Prior to granting a permit or processing an application for a variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. 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 or a utility crossing license in accordance with M.S. § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
         (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, 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, Waseca 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 foot.
         (f)   Certification of lowest floor elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. The Zoning Administrator shall maintain a record, in perpetuity, of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.
      (12)   Variances.
         (a)   The Board may authorize upon appeal in specific cases relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation, which justified the granting of the variance.
         (b)   Variances from the provisions of this section may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation.
         (c)   The Board shall submit by mail to the Department of Natural Resources respective Area Hydrologist a copy of the application for proposed variance sufficiently in advance so that the respective Area Hydrologist will receive at least ten days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Department of Natural Resources respective Area Hydrologist within ten days of such action.
         (d)   Appeals from any decision of the Board may be made and as specified in this community’s official controls and state statutes.
         (e)   Additional variance criteria. The following additional variance criteria must be satisfied:
            1.   Variance 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 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).
         (f)   Flood insurance notice and record keeping. The Zoning Administrator shall notify the applicant for a variance that:
            1.   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
            2.   Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The Zoning Administrator must report all variance actions, including the justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.
      (13)   Nonconformities. A structure or the use of a structure or premises 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)   No such use shall be expanded, changed, enlarged or altered in a way, which increases its nonconformity.
         (b)   An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure.
         (c)   The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor, if the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of this subsection (D) for new structures.
         (d)   If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this section. The Zoning Administrator may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this section.
      (14)   Penalties for violation. A violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.
         (a)   In responding to a suspected ordinance violation, the Zoning Administrator and Local Government 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 availability to the guilty party. The community 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.
         (b)   When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.
         (c)   The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls.
            1.   If the structure and/or use are under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community, if the construction or development is already completed, then the Zoning Administrator may either:
               a.   Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or
               b.   Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
            2.   If the responsible party does not appropriately respond to the Zoning Administrator within the specified period, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition, which existed prior to the violation of this ordinance.
      (15)   Amendments. All amendments to this ordinance, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the Department of Natural Resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and its contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the Federal Emergency Management Agency’s (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Department of Natural Resources respective Area Hydrologist must be given at least ten days’ written notice of all hearings to consider an amendment to this ordinance and the notice shall include a draft of this ordinance amendment or technical study under consideration.
      (16)   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 subsections (D)(1) through (D)(6) and this (D)(16); 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 this subsection (D).
(Ord. 97, passed 7-21-2009; Ord. 156, passed 3-19-2024; Ord. 159, passed 12-3-2024)

§ 6.24 AO AIRPORT OVERLAY DISTRICT STANDARDS.

   (A)   Purpose and authority. The Waseca Joint Airport Zoning Board, created and established by joint action of the City Council of Waseca and the Board of Commissioners of Waseca County, and the St. Mary Town Board, pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, hereby finds and declares that:
      (1)   An airport hazard endangers the lives and property of users of the Waseca Municipal Airport, and property or occupants of land in its vicinity, and also if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of said airport and the public investment therein;
      (2)   The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Waseca Municipal Airport;
      (3)   For the protection of the public health, safety, order, convenience, prosperity and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards;
      (4)   The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;
      (5)   The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or making and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds;
      (6)   The Waseca Municipal Airport is an essential public facility that serves an important public transportation role and provides a public good; and
      (7)   This section amends and replaces the Waseca Municipal Airport Zoning Ordinance adopted in April 1974.
   (B)   Short title. This section shall be known as the Waseca Municipal Airport Safety Zoning Ordinance. Those sections of land affected by this ordinance are indicated in Exhibit A, which is attached to the ordinance amending this ordinance.
   (C)   Airspace obstruction zoning.
      (1)   Airspace zones. In order to carry out the purposes of this ordinance, as set forth above, the following airspace zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone, Approach Zone, Precision Instrument Approach Zone, and Transitional Zone and whose locations and dimensions are as follows:
         (a)   Primary Zone.
            1.   All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and:
               a.   Extending 200 feet beyond each end of Runway 15/33.
               b.   Coinciding with each end of Runway 2/20.
            2.   The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:
               a.   500 feet for Runway 15/33.
               b.   250 feet for Runway 2/20.
         (b)   Horizontal Zone: All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,276.7 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of horizontal surface arc is 10,000 feet for Runway 15/33 which encompasses the arc of Runway 2/20.
         (c)   Conical Zone: All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet as measured outward from the periphery of the horizontal surface.
         (d)   Approach Zone: All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The approach surface inclines upward and outward at a slope of:
            1.   34 to one for Runway 15/33 expanding uniformly to a width of 3,500 feet at a distance of 10,000 feet, then continues at the same rate of divergence to the periphery of the conical surface.
            2.   20 to one for Runway 2/20 expanding uniformly to a width of 1,250 feet at a distance of 5,000 feet, then continues at the same rate of divergence to the periphery of the conical surface.
         (e)   Transitional Zone: All that land which lies directly under an imaginary surface extending upward and outward at right angles to the runway centerline and centerline extended at a slope of seven to one from the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface. Transitional surfaces for those portions of the precision instrument approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the precision instrument approach surface and at right angles to the extended precision instrument runway centerline.
      (2)   Height restrictions. Except as otherwise provided in this ordinance and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in any airspace zone created in (C)(1) so as to project above any of the imaginary airspace surfaces described in said (C)(1) hereof. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
      (3)   Boundary limitations. The airspace obstruction height zoning restrictions set forth in this section shall apply for a distance not to exceed one and one half miles beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
   (D)   Land use safety zoning.
      (1)   Safety zone boundaries. In order to carry out the purpose of this ordinance as set forth above, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Waseca Municipal Airport, and, furthermore, to limit population and building density in the runway approach areas, thereby creating sufficient open space to protect life and property in case of an accident, there are hereby created and established the following land use safety zones:
         (a)   Safety Zone A: All land in that portion of the approach zones of a runway, as defined in (C)(1) hereof, which extends outward from the end of the primary surface a distance equal to two-thirds of the planned length of the runway, which distance shall be:
            1.   2,667 feet for Runway 15.
            2.   As illustrated in exhibits B2 and B3 for Runway 33.
            3.   1,667 feet for Runway 2/20.
         (b)   Safety Zone B: All land in that portion of the approach zones of a runway, as defined in (C)(1) hereof, which extends outward from Safety Zone A for a distance equal to one-third of the planned length of the runway, which distance shall be:
            1.   1,333 feet for Runway 15.
            2.   As illustrated in Exhibits B2 and B3 for Runway 33.
            3.   833 feet for Runway 2/20.
         (c)   Safety Zone C: All land which is enclosed within the perimeter of the horizontal zone, as defined in (C)(1) hereof, and which is not included in Safety Zone A or Safety Zone B.
         (d)   Exceptions - Established Residential Neighborhoods: There are no lands designated as Established Residential Neighborhoods in Built-Up Urban Areas based upon the status of development existing on January 1, 1978.
      (2)   Use restrictions.
         (a)   General: Subject at all times to the height restrictions set forth in (C)(2), no use shall be made of any land in any of the safety zones defined in (D)(1), which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.
         (b)   Zone A: Subject at all times to the height restrictions set forth in (C)(2) and to the general restrictions contained in (D)(2)(a), areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines, or other similar above ground land use structural hazards, and shall be restricted to those uses which will not create, attract, or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife habitat, light outdoor recreation (non-spectator), cemeteries and automobile parking.
         (c)   Zone B: Subject at all times to the height restrictions set forth in (C)(2), and to the general restrictions contained in (D)(2)(a), areas designated as Zone B shall be restricted in use as follows:
            1.   Each use shall be on a site whose area shall not be less than three acres;
            2.   Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage;
            3.   Each site shall have no more than one building plot upon which any number of structures may be erected; and
            4.   A building plot shall be a single, uniform, and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:
 
Table 6.8 Maximum Ground Area and Population
Lot Size 
Ratio
Building Plot Area
Maximum Site Population
3.00 – 3.99 acres
12:1
10,900 sq. ft.
45 persons
4.00 – 5.99 acres
10:1
17,400 sq. ft.
60 persons
6.00 – 9.99 acres
8:1
32,600 sq. ft.
90 persons
10.00 – 19.99 acres
6:1
72,500 sq. ft.
150 persons
>20.00 acres
4:1
218,000 sq. ft.
300 persons
 
            5.   The following uses are specifically prohibited in Zone B: Churches, hospitals, schools, theaters, stadiums, hotels, motels, trailer courts, campgrounds, and other places of frequent public or semi-public assembly.
         (d)   Zone C: Subject only to height restrictions set forth in (D)(2), and to the general restrictions contained in (D)(2)(a).
         (e)   Exemptions – Established Residential Neighborhoods: There are no lands designated as Established Residential Neighborhoods in Built-Up Urban Areas based upon the status of development existing on January 1, 1978.
      (3)   Boundary limitations. The land use zoning restrictions set forth in this ordinance shall apply for a distance not to exceed one mile beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
   (E)   Airport zoning map. The several zones herein established are shown on the Waseca municipal airport zoning map, consisting of four sheets, prepared by TKDA, and dated September 30, 2019 , attached hereto and made a part hereof, which map, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries, and other information thereon, shall be and the same is hereby adopted as part of this ordinance.
   (F)   Nonconforming uses. Regulations not retroactive. The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is diligently prosecuted and completed within two years thereof.
   (G)   Permits.
      (1)   Future uses. Except as specifically provided in paragraphs (a) and (b) hereunder, no material change shall be made in the use of land and no structure shall be erected, altered, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted by the Zoning Administrator, hereinafter, provided for. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
         (a)   However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height or land use limit prescribed for the respective zone.
         (b)   Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this ordinance as set forth in (C) and the land use limitations set forth in (D).
      (2)   Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired, or rebuilt within any zone established herein, a permit must be secured authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
      (3)   Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under this paragraph or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at his or her own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this ordinance. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
   (H)   Variance. Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use his or her property, not in accordance with the regulations prescribed in this ordinance, may apply to the Board of Adjustment, hereinafter provided for, for a variance from such regulations. If a person submits an application for a variance by certified mail to the members of the Board and the Board fails to grant or deny the variance within four months after the last member receives the application, the variance shall be deemed to be granted by the Board. When the variance is granted by reason of the failure of the Board to act on the variance, the person receiving the variance shall notify the Board and the Commissioner, by certified mail, that the variance has been granted. The applicant shall include a copy of the original application for the variance with this notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to M.S. § 360.063, Subd. 6a. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this ordinance provided any variance so allowed may be subject to any reasonable conditions that the Board or Commissioner may deem necessary to effectuate the purpose of this ordinance. The Board of Adjustment may request the following prior to making a decision:
      (1)   A review of the variance application by the MnDOT Office of Aeronautics.
      (2)   Airspace determination issued to the project proponent by the Federal Aviation Administration (FAA) for proposed action(s) requiring notice per Code of Federal Regulations, Title 14, Part 77.9.
   (I)   Hazard marking and lighting.
      (1)   Nonconforming uses. The owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Waseca.
      (2)   Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, and granted by the Zoning Administrator or Board shall require the owner of the structure or tree in question at his or her own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
   (J)   Airport Zoning Administrator. 
      (1)   It shall be the duty of the City of Waseca Planning and Zoning Coordinator, and Waseca County Planning and Zoning Administrator, to administer and enforce the regulations prescribed herein within their respective jurisdictions.
      (2)   Applications for permits and variances shall be made to the respective Airport Zoning Administrator upon a form furnished by them.
      (3)   Permit applications shall be promptly considered and granted or denied by them in accordance with the regulations prescribed herein.
      (4)   Variance applications shall be forthwith transmitted by the Airport Zoning Administrator for action by the Board, hereinafter provided for.
   (K)   Zoning Code Amendment. The City Council for the City of Waseca and County Board of Commissioners for Waseca County will each determine how to administer the regulations of the Waseca Airport Zoning Ordinance and any proposed changes to their respective zoning codes within their respective jurisdictions.
   (L)   Board of Adjustment. City of Waseca Planning Commission shall serve as the Board of Adjustment for requests within the City of Waseca and the Waseca County Board of Adjustment shall serve as the Board of Adjustment for requests within Waseca County outside of City of Waseca limits.
      (1)   Powers. The Board of Adjustment shall have and exercise the following powers:
         (a)   Hear and decide appeals from any order, requirement, decision, or determination made by the Administrator in the enforcement of this ordinance.
         (b)   Hear and decide special exceptions to the terms of this section upon which such Board of Adjustment under such regulations may be required to pass.
         (c)   Hear and decide specific variances.
      (2)   Procedures.
         (a)   The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this ordinance. Meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board of Adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator and shall be a public record.
         (b)   The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this ordinance.
         (c)   The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this section, or to effect any variation in this ordinance.
   (M)   Appeals.
      (1)   Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his administration of this ordinance may appeal to the Board of Adjustment. Such appeals may also be made by any governing body of a municipality, county, or airport zoning board, which is of the opinion that a decision of the Zoning Administrator is an improper application of this ordinance as it concerns such governing body or board.
      (2)   All appeals hereunder must be commenced within 30 days of the Zoning Administrator's decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his administration of this ordinance who desires to appeal such decision shall submit an application for a variance, by certified mail, to the members of the Board of Adjustment in the manner set forth in M.S. § 360.068, Subd. 2.
      (3)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown.
      (4)   The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
      (5)   The Board of Adjustment may, in conformity with the provisions of this ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances, and to that end shall have all the powers of the Zoning Administrator.
   (N)   Judicial review.
      (1)   Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county, or airport zoning board, believes that a decision of the Board of Adjustment is illegal may appeal in accordance with M.S. Chapter 14; or
      (2)   Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county, or airport zoning board, which is of the opinion that a decision of the Board of Adjustment is illegal may present to the District Court of Waseca County a verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies provided in this ordinance before availing himself or herself of the right to petition a court as provided by this ordinance.
   (O)   Penalties. Every person who shall construct, establish, substantially change, alter or repair any existing structure or use, or permit the growth of any tree without having complied with the provision of this section or who, having been granted a permit or variance under the provisions of this ordinance, shall construct, establish, substantially change or substantially alter or repair any existing growth or structure or permit the growth of any tree, except as permitted by such permit or variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days or by both. Each day a violation continues to exist shall constitute a separate offense. The airport Zoning Administrator may enforce all provisions of this ordinance through such proceedings for injunctive relief and other relief as may be proper under the laws of M.S. § 360.073 and other applicable law.
   (P)   Conflicts. Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation shall govern and prevail.
   (Q)   Severability.
      (1)   In any case in which the provision of this ordinance, although generally reasonable, is held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this ordinance as to other structures and parcels of land, and to this end the provisions of this ordinance are declared to be severable.
      (2)   Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid.
Table 6.9 Properties Impacted by Airport Overlay District
This ordinance affects all or a portion of the following sections of land:
Type of Airport Zoning
Name and Number of Township
Airspace Obstruction Zoning: Section IV of Ordinance; Page(s) B1 of Zoning Map
Land Use Safety Zoning: Section V of Ordinance; Page(s) B2, B3 & B4 of Zoning Map
Table 6.9 Properties Impacted by Airport Overlay District
This ordinance affects all or a portion of the following sections of land:
Type of Airport Zoning
Name and Number of Township
Airspace Obstruction Zoning: Section IV of Ordinance; Page(s) B1 of Zoning Map
Land Use Safety Zoning: Section V of Ordinance; Page(s) B2, B3 & B4 of Zoning Map
City of Waseca
Sections
Sections
T107N, R22W
6, 7, 8, 17, 18, 19, 20
7, 18, 19
T107N, R23W
12, 13
12, 13
St. Mary Township
T107N, R23W
1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 36
1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27
Woodville Township
T107N, R22W
6, 7, 8, 17, 18, 19, 20, 29, 30, 31
7, 18, 19, 30
Iosco Township
T108N, R23W
34, 35, 36
None
Blooming Grove Township
T108N, R22W
31
None
 
(Ord. 97, passed 7-21-2009; Ord. 144, passed 11-17-2020; Ord. 160, passed 2-4-2025)

§ 6.25 AIC AGRICULTURAL INTERPRETIVE CENTER DISTRICT STANDARDS.

   (A)   Purpose. The AIC Agricultural Interpretive Center District is intended to protect the site of the Minnesota Agricultural Interpretive Center (MAIC) and provide for the use of the district.
   (B)   District boundaries. District boundaries shall be defined as outside boundary lines and inclusive of the following quarter sections: the S1/2 of the NW1/4, the SW1/4, and the W1/2 of the SE1/4 and the SW1/4 of the NE1/4, all in Section 8, Township 107 North, Range 23 West, Waseca County.
   (C)   Permitted and conditional uses. Specific permitted, conditional and accessory uses are subject to the requirements in Articles 3, 4 and 6 of this ordinance, and include solar farms.
      (1)   Permitted uses.
         (a)    Agriculture and incidental agricultural uses, including agricultural building(s);
         (b)   Agricultural chemicals, fertilizer sales;
         (c)   Forestry, production of woodland products, nurseries, tree farms;
         (d)   Grain elevator, grain storage and drying (commercial);
         (e)   Seasonal produce stand;
         (f)   Single-family detached dwelling;
         (g)   Two-family dwelling;
         (h)   Accessory dwelling unit;
         (i)   Home occupation, pursuant to § 6.11(B);
         (j)   Licensed residential program;
         (k)   Parks and public recreation areas;
         (l)   Campground;
         (m)   Convention center, exhibit hall;
         (n)   Flea market, auction site;
         (o)   Retail sales establishment;
         (p)   Agricultural direct market;
         (q)   Two-sided electronic message center advertising signs of 40 square feet or less per side; and
         (r)   Sober house.
      (2)   Conditional uses (see Article 4 for accessory uses).
         (a)   Mineral extraction, mining;
         (b)   Natural resource manufacturing and processing;
         (c)   Temporary worker housing;
         (d)   Cemetery, memorial garden;
         (e)   Religious institution;
         (f)   Organized group camp;
         (g)   Riding academy, boarding stable;
         (h)    Manufacturing: limited, including light assembly and packing;
         (i)   Two-sided electronic message center advertising signs over 40 square feet per side;
         (j)   Home occupation, pursuant to § 6.11(C); and
         (k)   Agritourism.
   (D)   Permitted accessory uses. The following shall be permitted accessory uses in the AIC Agricultural Interpretive District:
      (1)   Private garages;
      (2)   Living quarters for persons employed on the premises;
      (3)   The keeping of not more than two boarders or roomers by a resident family;
      (4)   Private swimming pool when enclosed with a fence that extends from the ground to a height of five feet; and
      (5)   Other accessory uses customarily incidental to the uses permitted in subsection (C) above.
   (E)   Dimensional standards.
      (1)   Height:
         (a)   Agricultural buildings are exempt from height limitations and lot size requirements unless they are located in a special airport zone; and
         (b)   Non-agricultural buildings hereafter erected or altered shall not exceed a height of two and one-half stories or 35 feet, whichever is greater.
      (2)   Lot area, residential dwellings:
         (a)    Agricultural buildings are exempt from height limitations and lot size requirements unless they are located in a special airport zone; and
         (b)   Non-agricultural buildings hereafter erected or altered shall not exceed a height of two and one-half stories or 35 feet, whichever is greater.
      (3)   Minimum lot width:
         (a)   Single-family dwelling: 100 feet; and
         (b)   Two-family dwelling: 300 feet.
      (4)   Minimum setback from centerline all federal, state, county, and county-state aid highways, principal structure. Front yard: 150 feet;
      (5)   Minimum setback from the centerline of all other public rights-of-way, principal structure. Front yard: 125 feet;
      (6)   Minimum setback from property lines, all structures.
         (a)   Side yard: 80 feet; and
         (b)   Rear yard: 60 feet.
      (7)   Minimum setback from accessory structures (less than 100 square feet in area and less than 14 feet in height): accessory structures not allowed in front yard:
         (a)   Side yard: ten feet; and
         (b)   Rear yard: ten feet.
      (8)   Minimum windbreak and tree setback from public right-of-way less than 100 feet in width: 20 feet;
      (9)   Minimum windbreak and tree setback from public right-of-way greater than 100 feet in width: 15 feet;
      (10)   Minimum shrub windbreak setback from parcel boundary line:
         (a)   Side boundary line: ten feet; and
         (b)   Rear boundary line: ten feet.
      (11)   Minimum tree windbreak setback from parcel boundary line:
         (a)   Side boundary line: 20 feet; and
         (b)   Rear boundary line: 20 feet.
      (12)   Rear and side line setbacks on a parcel of land for windbreaks and trees may be eliminated or diminished by agreement of adjoining property owners when their agreement is in writing and filed with the Zoning Administrator. Such agreements may be on forms available from the Zoning Administrator.
   (F)   General regulations. Additional requirements for signs and other regulations in the AIC Agricultural Interpretive Center District are set forth in Articles 3 and 4 and the conditional use and specific development standards in Articles 3 and 6.
(Ord. 97, passed 7-21-2009; Ord. 117, passed 6-17-2014; Ord. 118, passed 8-19-2014; Ord. 160, passed 2-4-2025)

§ 6.26 SUMMARY OF ALLOWED AND CONDITIONAL USES.

Table 6.10 Summary of Allowed and Conditional Uses
Zoning District
Land Use
A-1: Agricultural
LR: Limited Residential
UE: Urban Expansion
VMX: Village Mixed Use
HC: Highway Commercial
I: General Industrial
Table 6.10 Summary of Allowed and Conditional Uses
Zoning District
Land Use
A-1: Agricultural
LR: Limited Residential
UE: Urban Expansion
VMX: Village Mixed Use
HC: Highway Commercial
I: General Industrial
Accessory Uses and Structures
Family daycare
P
P
P
P
Group family daycare
P
P
P
P
Keeping of animals other than household pets (non-farm)
C
Kennels, commercial
C
C
C
P
Outdoor display
C
C
C
C
P
Parking facility
P
P
P
Solar equipment Solar energy systems (accessory)
P
P
P
P
P
P
Swimming pool, hot tub
P
P
P
P
P
Water-oriented accessory structures (docks, lifts and the like)
P
C
P
P
P
Wind turbine, accessory
P
P
P
P
C
C
Other accessory uses and structures that are incidental to the principal use including sheds and garages
P
P
P
P
P
P
Agricultural, Natural Resources and Related
Agriculture
P
P
P
P
Agricultural chemicals, fertilizer sales
C
C
P
P
Agriculturally-oriented business
C
P
P
P
Agritourism
C
C
P
P
Agricultural direct-market
C
(>25 % produ cts produ ced off- site)
P
(<25 % products produ ced off- site)
P
P
Agricultural equipment sale
C
Ethanol or biofuel production, commercial
C
P
Feed and seed sales
P
P
P
Feed lots
P/C
C
C
C
Forestry, production of woodland products, nurseries, tree farms
P
P
P
Grain elevator, grain storage and drying (commercial)
C
C
P
P
Livestock sales barn and accessory facilities
C
C
Mineral extraction, mining
C
C
Natural resource manufacturing and processing
C
P
P
Seasonal produce stand
P
P
P
P
P
P
Wildlife area, fish hatchery and forest preserve owned or operated by governmental agencies
P
P
P
Commercial Recreation
Campground
C
C
C
C
C
Go-cart track, miniature golf, skating rink (unenclosed)
P
Golf course, country club, driving range
C
C
C
C
Gun or archery range, indoor
C
C
P
Gun or archery range, outdoor
C
C
Hunting club (private), hunting preserve
C
C
Organized group camp
C
C
Organized motor sports: ATVs, trucks, tractors or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events)
C
C
C
C
Paint ball course
C
C
C
Riding academy, boarding stable
C
C
C
P
Skating rink (enclosed), dance hall, game arcade, bowling alley, health club
C
C
P
Commercial Sales and Service
Adult uses
C
P
Airport, heliport, aircraft rental, sale, servicing, manufacturing and related services
C
P
Art, photography, crafts gallery, pottery shop, studios
P
P
Automobile repair
C
P
C
Automobile service station, car wash
C
P
C
Automobile, trailer, marine, recreational vehicle and farm implement sales
P
P
Bakery, coffee shop
P
P
Barber, beauty shop
P
P
P
Bed and breakfast
C
P
P
P
Building material sales and storage, lumberyard, garden store, commercial greenhouse, manufactured home sales
C
P
P
Cannabis cultivation
C
C
C
Cannabis delivery
C 
(up to 5 vehicles)
C
Cannabis manufacturer
C
C
C
Cannabis wholesale
C
C
Cannabis retail
C
P
Cannabis transportation
C
C
C
Convenience gas and goods sales
P
P
C
Convention center, exhibit hall
P
Flea market, auction site
P
P
P
Hemp manufacturer
C
C
C
Laundry, laundromat
P
Motel, hotel
P
Office- professional or medical
C
C
P
Office, other than professional or medical
C
C
P
Office services
C
P
P
Repair services 1
C
C
P
P
Restaurant (drive-in), theater (drive-in), or similar uses that provide goods and services to patrons in automobiles
C
P
C
Restaurant
C
C
P
Retail sales establishment 2
C
P
P
Shopping center
P
Tavern, club
C
P
Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel
C
C
C
P
C
Water-oriented commercial business
C
Industrial
Advertising sign (off-site)
C
C
Cold storage plant, ice plant
P
Contractor’s yard with outdoor storage
P
Fertilizer manufacture
C
Industrial sales establishment, including auction houses3
P
Landfill (sanitary), recycling facility
C
C
Manufacturing- limited, including light assembly and packing4
P
Manufacturing, general5
P
Salvage yard, recycling facility with incinerator, other facilities with incinerators
C
Storage, bulk
C
C
Truck terminal, truck stop, freight terminal
C
P
Warehouse distribution facility
C
P
Institutional, Educational and Civic
Cemetery, memorial garden
C
C
C
C
Daycare center
C
C
P
P
P
Highway maintenance shops and yard
P
C
P
Local governmental agency building or facility, community center
P
P
P
P
P
P
Parks and public recreation areas
P
P
P
P
P
P
Religious institution
C
P
P
P
C
School, public or private
P
P
C
School, trade
P
Other Uses
Antennas for radio, television and communication facilities
C
C
Essential services, facilities and structures
C
C
C
C
C
C
Railroad right-of-way, but not including railroad yard
P
P
P
P
P
P
Wind farm
C
Residential and Related
Accessory dwelling unit
P
P
C
P
P
Boarding house
C
C
C
Home occupation
P/C
P/C
P/C
P/C
Licensed residential program (up to 8 residents)
P
P
P
P
C
Manufactured home park
C
C
Multi-family dwelling
C
C
Single-family detached dwelling
P
P
P
P
C
Temporary worker housing
C
C
C
Two-family dwelling
C
C
C
C
Sober house
P
P
P
P
 
 
1 Repair services include, but are not limited to, the repair of: appliances; furniture and upholstery; jewelry; shoes; musical instruments; watches; and other articles generally found for sale in retail sales establishments.
2 Retail sales establishments include, but are not limited to, establishments that offer the following goods and/or service: antique and collectibles; bicycle sales and repair; books; clothing; convenience food goods; drugs; groceries; guns and ammunition; hardware; jewelry; music; musical instruments; newspapers and magazines; office furniture and supplies; picture framing; recreation equipment sales and service; stationery; tobacco; tourist related sales and service; video sales and rentals.
3 Industrial sales establishment includes: dental instruments and supplies; medical and surgical instruments and supplies; precision instrument sales; sign contractor and welding supply.
4 Limited manufacturing includes: manufacture and assembly of cabinets and woodworking products; camera and photographic products; clothing; computers and accessories; confectionary and related products; footwear; film and video equipment; hand and edge tools; handbags and luggage; laboratory instruments and associated equipment; medical equipment; sports equipment; temperature controls; telecommunications equipment; bottling or distillation; printing; publishing; engraving and reproduction; newspaper plant and office; design and manufacture of patterns.
5 General manufacturing includes the manufacturing and/or assembly of these products or conducting these processes: electric lighting and wiring equipment; electrical products and appliances; fabricated metal, plastic and rubber products (except tires and inner tubes); glass and glass products; textiles and fabrics; optical instruments and lenses; gypsum, drywall, plaster, and stone products; machinery and equipment such as engines and turbines, cooling and refrigeration equipment, and machine tools; metal working such as stamping, welding, extruding, engraving, plating, grinding, polishing, cleaning and heat-treating.
 
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)

§ 6.27 CLOSED LANDFILL RESTRICTED (CLR) DISTRICT.

   (A)   Purpose. The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are qualified to be under the Closed Landfill Program of the State Pollution Control Agency (MPCA). The purpose of the district is to limit uses of land within the closed landfill, both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place and, at the same time, are protective of human health and safety. This district shall only apply to the closed landfill’s land management area, the limits of which are defined by the MPCA, and is legally described as shown on the zoning map amendment. This district shall apply whether the landfill is in public (MPCA, county, city, township), Indian tribal or private ownership.
   (B)   Permitted uses according to the closed landfill program land use plan approved by State Pollution Control Agency on file at the County Planning and Zoning office.
      (1)   Closed landfill management;
      (2)   Temporary waste tire storage;
      (3)   County storage and equipment maintenance; and
      (4)   Yard waste recycling.
   (C)   Accessory uses according to the closed landfill program land use plan approved by State Pollution Control Agency on file at the County Planning and Zoning office.
      (1)   Accessory uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems, other response action systems, monitoring wells or any other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences and gates are permitted under these provisions.
      (2)   Accessory buildings for uses other than the landfill management must be located outside of the methane gas area of concern.
   (D)   Conditional uses according to the closed landfill program land use plan approved by State Pollution Control Agency on file at the Waseca County Planning and Zoning office. Conditional uses shall be limited to uses that do not damage the integrity of the land management area and that continue to protect any person from hazards associated with the landfill. Any application for a conditional use must be approved by the Commissioner of the MPCA and the county. Detailed site plan and management plans shall be required with conditional use permit applications.
      (1)   Such approved use shall not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment system, the function of any monitoring system that exists upon the described property, or other areas of the land management area that the Commissioner of the MPCA deems necessary for future response actions.
         (a)   Law enforcement firearms practice range conditioned on the approval of a site plan and management plan by the MPCA Commissioner and the county;
         (b)   Wildlife Management food plots and shelter belts;
         (c)   Solar energy conversion;
         (d)   Archery range/course; and
         (e)   Wind energy conversion.
      (2)   All conditional use permit uses must be approved by the Commissioner of the MPCA and the county.
   (E)   Prohibited uses and structures. All other uses and structures not specifically allowed as conditional uses, or that cannot be considered as accessory uses, shall be prohibited in the CLR District.
   (F)   General regulations. Requirements for site design and other regulations related to the uses of the property are included, but not limited to, those specified in Article 4 General Regulations and Article 5 General Environmental Regulations, within the County Unified Development Code.
   (G)   Amendments. Any amendment to this ordinance must be approved by the Commissioner of the MPCA and the county.
(Ord. 106, passed 2-21-2012)