This overlay district is created to serve as a buffer between agricultural areas and the ordinary high water level of public waters to provide for low density residential development in areas especially unsuited to long term agricultural uses, and to allow limited residential development which will not be provided with an urban level of services.

A.

This overlay district applies to all land zoned A-1 pursuant to article 11 of this ordinance with the shoreland management district (article 19A) that is within 1,320 feet of the ordinary high water level of public waters denoted in article 19A as defined in this ordinance, except rivers or streams as defined in section 19A.03.A.2.

1.

The developer may add adjacent land to the conservation subdivision plat beyond the 1,320 feet from the ordinary high water level of the public waters denoted in article 19A of this ordinance, but the area of land beyond the 1,320 [feet] cannot be used to calculate the density for the subdivision.

2.

The additional land beyond the 1,320 feet from said ordinary high water level, which is included in the subdivision, must be included and maintained under section 19B.12, Open Space Ownership and Management.

3.

The additional land added to the subdivisions beyond the 1,320 feet must be owned by the owner of the proposed subdivision.

B.

In the event any provision of this overlay district conflicts with any other provision of this ordinance, this article shall apply.

C.

Existing feedlots registered before December 1, 2005, are exempted from section 19B.01.B.

D.

All areas proposed to be subdivided, as allowed by article 19B shall follow the Meeker County Subdivision Ordinance and MN Statutes 505 relating to subdivisions and platting.

1.

All private roads and driveways serving the lots in the subdivision and surface water drainage requirements must be installed before the final plat is approved.

2.

All construction and payment for the improvements shall follow the requirements in article VI of the Meeker County Subdivision Ordinance.

E.

In the event this provision does not apply to your property, an alternate option may be conventional subdivisions as are defined in section 19A.005.G.

A.

One single-family dwelling.

B.

Level 1 home occupations.

C.

Essential services facilities subject to section 22.08.

A.

Manufactured homes except that none with a maximum width as constructed by the manufacturer of less than 16 feet, and none older than ten years as of the date of the permit application.

B.

A used dwelling older than five years moved onto a lot (see section 22.05 for definition).

C.

Any personal tower, antenna or personal tower and antenna connected or mounted together exceeding 40 feet in total vertical height as measured from ground level. The total height of a personal tower, antenna or personal tower and antenna connected or mounted together on a building shall include the vertical height of the said tower, antenna or connected tower and antenna and the vertical height of the building to ground level from where the said tower, antenna or connected tower and antenna is mounted to the building.

D.

Family adult day care and adult foster care subject to the standards in section 22.31 herein.

E.

Any more than two detached accessory buildings on a site.

A.

Family-operated temporary or seasonal roadside produce stands offering for sale produce produced in the premises with adequate off-road parking, not to exceed one stand per site.

B.

Horticultural uses (not to include retail or selling on site).

C.

Other uses deemed by the planning commission to be of the same general character of those permitted or allowed by interim use permit.

A.

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

A.

Private swimming pool.

B.

Storage sheds.

1.

The total combined square footage of the two permitted accessory buildings in the agricultural residential district may not exceed 2400 square feet with a maximum sidewall height of 16 feet except within 300 feet of any ordinary high water level the maximum square footage of an accessory building shall be 1,040 square feet with a maximum sidewall height of 14 feet. The total square footage area of all floors with a ceiling height of seven feet or more shall not exceed 2,400 square feet. The maximum allowed square footage is subject to the lot impervious surface coverage as defined in section 19B.07.C.

2.

Number of accessory buildings.

a.

No more than two permitted accessory buildings detached from the principal dwelling unit shall be built on a lot or building site. A private garage attached to a principal dwelling does not reduce the number of detached accessory buildings permitted on a lot or building site.

(Amend. of 5-1-2018(1))

The following minimum requirements shall be observed in the conservation subdivision overlay district, except as provided otherwise by this ordinance:

A.

Height.

1.

No building shall hereafter be erected or structurally altered to exceed 30 feet in height.

B.

Setback and yard dimensions.

1.

Private roads shall use the following setback requirements. Front yard: minimum 25 feet from the right-of-way line of a private road or street.

2.

Public roads, including county, state and township roadways, shall have a minimum front yard setback of 80 feet from the centerline of the road.

3.

Two hundred feet for Minnesota State Highway 15 and a minimum of ten feet from the right-of-way line.

4.

Side yard: minimum of ten-foot side yard setback for all structures.

5.

Back yard: minimum ten-foot rear yard setback for all structures.

C.

Impervious area.

1.

The maximum impervious area coverage for each building lot is not more than 25 percent for a conservation subdivision.

D.

Lot area regulations.

E.

Structure and on-site sewage system setbacks (in feet) from ordinary high water level.

1.

Lakes class.

2.

Additional setbacks.

F.

Dwelling unit or site density evaluation. Proposed new or expansion to existing developments must be evaluated using the following procedures and standards:

1.

The project parcel must be divided into tiers by locating lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward (see distance table in section 19B.08).

A.

The buildable area within each tier is next calculated. Buildable area is defined as contiguous land that is:

(1)

Above the ordinary high water line;

(2)

Above the 100-year floodplain elevation;

(3)

Outside the perimeter of the delineated wetland area and;

(4)

Outside the perimeter of any mapped soil area defined in the soil survey of Meeker County as having severe limitations for construction of a dwelling due to slope.

B.

This area is then subjected to the development density evaluation steps to arrive at an allowable number of dwelling units/sites. In areas with overlapping tiers due to close proximity of public waters to each other, topographic divides shall be used to determine which shoreland standard would apply, and in those areas where the topographic divide cannot be determined, the more restrictive rules for the area shall be used.

C.

Any unused square footage in a partial tier (which does not have a building eligibility) may be moved back to the next full tier to be used in calculating density. The remainder square footage from an entire tier after density has been calculated cannot be moved. Please note the square footage for an entire tier cannot be moved back.

The density calculation for developments is as follows:

A.

The buildable area within each tier is divided by the single residential lot size standard using the area for the shoreland class in part 19B.07.D. This calculation determines the maximum number of dwelling units or sites authorized for each tier. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer. Structures that straddle tiers shall be rated as part of the tier closer to the ordinary high water level.

B.

All area used to determine buildable area shall be included in the platted acreage.

Developments shall conform to all of the following criteria:

A.

The design of all developments within the shoreland shall incorporate all of the following:

1.

Building lots shall be no less than one-half acre and no more than one acre.

2.

Developments shall contain open space meeting all of the following criteria.

B.

At least 50 percent of the total project area must be permanently preserved as common open space. Common open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries, etc. A shoreland vegetation buffer plan designed and implemented meeting standards in section 19A.04.C to meet buffer requirements.

C.

Open space may include outdoor recreational facilities for use by owners of the dwelling units/sites.

D.

The shore and bluff impact zones, based on structure setbacks in section 19B.07.E, shall be included as common open space. New developments, and redevelopments or existing developments shall meet vegetation standards in section 19A.04.C no impervious surfaces shall be allowed within the shore impact zone, except for boat launches, stairways, lifts or landings. For conservation subdivisions when first tier lots are platted, there shall be one access corridor, if there are more than five first tier lots then there may be one additional access corridor to the shore impact zone common open space for use by all members of the owners association. The width of access corridor shall not exceed 50 feet, and access corridors shall be in upland areas.

E.

Common open space shall not include commercial facilities.

F.

The appearance of common open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of permanent easements, public dedication and acceptance, or other equally effective and permanent means. For permanent easements, a willing party for receiving easements must be declared; otherwise a party may be assigned pursuant to Minnesota Statutes § 375.18, subp. 12.

G.

Common open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

1.

Centralization and design of facilities and structures must be done according to the following standards:

a.

Conservation subdivisions shall be connected to publicly owned water supply and sewer systems, if available. Where publicly owned water supply and sewer systems are not available, conservation subdivisions shall either be established dedicated areas for individual sewage treatment systems or establish centralized water supply and sewage treatment systems to serve the entire subdivision.

b.

Dwelling units/sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: elevation above the surface water features, and maximum height. The site design must incorporate the use of looped roads ways versus cul-de-sacs, use of pervious surfaces, maximum road setbacks for house-fronts, and preservation of trees, unique resources, and scenic vistas.

c.

For conservation subdivisions, first tier lots shall not extend any closer to the OHWL then the structure setback.

d.

Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be clustered or grouped in suitable areas. Evaluation of suitability must include consideration of land slope, water depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other relevant factors. Boating facilities shall be located adjacent to the deepest water available. The number of spaces provided for continuous mooring, or docking of watercraft shall not exceed one for each authorized dwelling unit or site in the first tier. Individual docks shall not be allowed. If the water body does not have a public access boat launching facility, launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units/sites located in other tiers, and their watercraft shall not be stored in the open space.

e.

Parking areas, and other facilities must meet or exceed structure setbacks in section 19B.07.E, and must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf on conditions.

H.

Erosion control and stormwater management for developments must meet the standards in section 19A.04.E. For conservation subdivisions, the impervious surface coverage for lots shall be no greater than 25 percent. Erosion control and stormwater management shall be designed by certified personnel in erosion and sediment control using the best management practices found in the latest pollution control agency's stormwater best management practices manual, approved by the local government and effectively implemented.

A.

Vegetation and topographic alterations other than to prevent personal injury or property damage and for restoration efforts based on an approved shoreland vegetation buffer plan shall be prohibited.

B.

Construction of additional buildings, impervious surfaces, or storage of vehicles and other materials shall be prohibited.

C.

Beaching of motorized watercraft or parking of vehicles shall be prohibited.

D.

Dumping, storage, processing, burning, burying or landfill of solid or other wastes shall be prohibited.

E.

All outlots designated for use as ingress/egress access shall be owned in fee title, either in whole or by an equal percentage, by the owner or owners of the lot or lots that it provides ingress/egress access to. All outlots designated as common open space(s) shall be owned as an equal percentage by all lot owners within the conservation subdivision. A non-profit homeowner's association shall hold a permanent conservation easement on all of the common open space, including the outlots used as ingress/egress access to the building lots.

A.

Homeowner's association. A permanent conservation easement shall be held by the homeowner's association on all outlots designated within a conservation subdivision. Said homeowner's association shall be established and mandatory for all developments established under article 19B.

1.

Membership in the homeowner's association is mandatory for all purchasers of homes in the development and their successors. An individual may hold fee title to the land while a non-profit homeowner's association holds a conservation easement for the common open space.

B.

The homeowner's association shall be a formerly constructed non-profit corporation consisting of the property owners and/or residents of the development for the purposes of owning, maintaining, and preserving the common open space(s). The subdivider shall submit the following with respect to the homeowner's association:

1.

The homeowner's association bylaws, guaranteeing the continued maintenance of the open space(s) and the declaration of covenants, conditions and restrictions of the homeowner's association, which shall be submitted for approval to the county as part of the information required for the preliminary plat.

2.

The homeowner's association bylaws and declaration of covenants, conditions, and restrictions of the homeowner's association shall contain the following information:

a.

The legal description of the common land;

b.

The restrictions placed upon the use and enjoyment of the lands;

c.

That the county shall be entitled to the enforcement of any and all restrictions and compliance with article 19B, Meeker County Zoning Ordinance, Meeker County Comprehensive Land Use Plan, and all other state and local rules, regulations and laws; and

d.

Assessment and enforcement for the common land shall be at the expense of the homeowner's association, including but not limited to, the upkeep and maintenance of the common space, real estate taxes, and insurance premiums;

e.

A mechanism provided for resolving all disputes between and among owners and associations members;

f.

The conditions and timing of the transfer of ownership and control of land to the homeowner's association shall take place upon approval of the final plat by the county board and transfer to the homeowner's association; and

g.

Any other matter the developer or county shall deem appropriate.

3.

Maintenance plan. Every development established under article 19B must include a plan that provides evidence of a means to properly manage and maintain the common space long-term, including any stormwater facilities. The plan shall be approved by the planning commission prior to final plat approval. The plan shall do the following:

a.

Designate the ownership of the open space in accordance with the entire article 19B involving homeowner's associations;

b.

Establish necessary regular and periodic operation and maintenance responsibilities;

c.

Estimate staffing needs, insurance requirements, and other associated costs and define the means of funding the same on an on-going basis;

d.

Include a land stewardship plan specifically focusing on the long-term management of common open space lands. The land stewardship plan shall include a narrative, based on the site analysis from the subdivider's application for the development, which shall describe:

1.

Existing conditions including all natural, cultural, historic, and scenic elements in the landscape;

2.

The proposed end state for each common open space area, and the measures proposed to achieve the end state;

3.

Proposed restoration measures, including measures for correcting increasingly destructive conditions such as erosion, and measures for restoring historic features;

4.

The operations needed for maintaining the stability of the resources, including mowing schedules, weed control, planting schedules, clearing and clean-up; and

5.

At the county's discretion, the applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common open space for a maximum of one year prior to the final plat's approval.

4.

Enforcement of the maintenance. In the event that the homeowner's association fails to maintain all or any portion of the common open space(s) in reasonable condition as provide in article 19B of this ordinance, the homeowner's association plan, then the county board may take the following action:

a.

Provide written notice to the homeowner's association owners setting forth the manner in which the organization has failed to maintain the common areas in reasonable condition or as required.

1.

Such notice shall also set forth the nature of the corrections required and the time within which the corrections shall be made.

b.

Upon failure to comply within the time specified, the homeowner's association, or any successor organization, shall be considered in violation of this ordinance.

c.

Upon violation of this ordinance, the bond or escrow, if any, may be forfeited, and any permits may be revoked or suspended. The county may enter the premises and take corrective action.

d.

The costs of corrective action by the county shall be assessed ratable, in accordance with the tax assessments, against the properties that have the right of enjoyment of the common areas, and shall become a lien on said properties. The county, at the time of entering upon such common space for the purpose of maintenance, shall file notice of such lien in the office of the county recorder upon the properties affected by such lien.

e.

Management plans may be amended by the homeowner's association only upon the approval of the planning commission and county board.

5.

Commercial uses shall be prohibited for noncommercial developments.

6.

Shoreland vegetation shall be preserved, restored and maintained according to the approved shoreland buffer plan. The loss of vegetation shall be replaced in kind.

A.

Buildable lots.

1.

All conservation subdivision buildable lots shall be 100 percent buildable area that is:

(1)

Above the ordinary high water line;

(2)

Above the 100-year floodplain elevation;

(3)

Outside the perimeter of the delineated wetland area;

(4)

Outside the perimeter of any mapped soil area defined in the soil survey of Meeker County as having severe limitations for construction of a dwelling due to slope; and

(5)

Located outside the structure setback from the ordinary high water level.

2.

Provision 19B.13.1 does not apply to those tracts subject to section 4.02 of the Meeker County Zoning Ordinance.

B.

Impervious lot coverage.

1.

Not more than 25 percent of the lot or tract shall be occupied by buildings, hard-surfaced patios, driveways and walkways or other impervious surfaces.

C.

Setback from ditches. Subject to the following exception, no buildings, structures, or trees shall hereafter be erected or planted within 75 feet from the centerline of any county or judicial ditch.

1.

Exception. A property owner may plant trees to within 16½ feet of the top of the ditch within 100 feet of the ditch's inlet or outlet from a lake as measured from the lake ordinary high water level.

D.

[Outlots.] An outlot shall not be considered a buildable lot for a dwelling unless it is replatted and meets the required lot width, depth and area requirements.

E.

Tower setbacks.

1.

Tower facilities shall not be allowed in the shoreland district.

2.

All new one- or two-family dwelling units and/or property subdivided and/or zoned residential shall maintain a 660-foot setback from any existing tower, or the height of the tower plus ten feet, whichever is larger. These setbacks shall not apply to the reconstruction on an existing dwelling.

3.

All new towers shall maintain a 660-foot setback from an existing dwelling. This setback shall not apply to the reconstruction of an existing tower provided the tower does not exceed the present or permitted height.

4.

Please note this provision E does not waive or negate the conditional use permit process.

F.

Wind energy facility setbacks.

*Wind energy facilities shall not be allowed in the shoreland district.

**Additionally, the setback requirements for owner residences may be waived on an individual basis at the discretion of the planning commission or county board, but only with the specific written consent of the owners of the property.

***These setbacks shall not apply to the reconstruction of an existing dwelling.