This chapter shall be known, cited and referred to as the town zoning chapter except as referred to herein, where it shall be known as "this chapter."

(Code 2004, § 807.01(subd. 1))

The ordinance from which this chapter is derived is adopted for the purpose of:

(1)

Protecting the public health, safety, morals, comfort, convenience and general welfare.

(2)

Dividing the town into zones and districts restricting and regulating therein the location and use of structures and the lane.

(3)

Balancing housing development and population to provide a tax base that can adequately supply the necessary level of services within the town.

(4)

Preserving outstanding natural features throughout the town.

(5)

Expanding the future housing based on a staged basis.

(6)

Providing convenient and well-developed retail and service commercial centers for the residents of the town.

(7)

Creating an open space system that is primarily based on preserving the balance of the natural ecological patterns existing within the town.

(8)

Creating a manmade environmental system that is complementary to the natural system and meets future development needs within the town.

(9)

Preventing any further threat or decay to the environmental system in built-up areas.

(10)

Minimizing conflicts between land used for agricultural production and land demanded for development.

(11)

Providing for the administration of this chapter and amendments thereto.

(12)

Defining the powers and duties of the administrative officers and bodies as provided hereinafter.

(13)

Prescribing penalties for the violation of the provisions of this chapter or any amendment thereto.

(Code 2004, § 807.01(subd. 2))

(a)

The interpretation and application of the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

(b)

No structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

(c)

Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

(Code 2004, § 807.01(subds. (3)—(5)))

Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the town board or the planning and zoning commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and, if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The town board, planning and zoning commission or property owner, upon receipt of the staff study, shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the town.

(Code 2004, § 807.01(subd. 6))

It is the policy of the town that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended from time to time by the planning and zoning commission and town board. The town board recognizes the comprehensive plan as the guiding policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.

(Code 2004, § 807.01(subd. 7))

The town has and possesses all the powers and authority enumerated in M.S.A. § 462.357 in force on July 29, 1969, and as thereafter amended, all as provided by Laws of Minnesota, 1969, chapter 1098. All provisions of this chapter shall be interpreted and applied pursuant to and consistently with said authority.

(Code 2004, § 807.01(subd. 8))

(a)

Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

(1)

Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition.

(2)

All measured distances expressed in feet shall be to the nearest tenth of a foot. In the event of conflicting provisions, the more restrictive provisions shall apply.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory use, building or structure means a use, building or structure or portion of a building or structure subordinate to and serving the principal use, building or structure, on the same or another parcel of land (but only as permitted herein) and customarily incidental to such principal use, building or structure.

Agricultural use means an area which is used for the production of farm crops as well as for the raising thereon of farm poultry and domestic and non-domestic farm animals such as horses, cattle, sheep and swine.

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Animals, domestic, means animals commonly kept for house pets, such as dogs, cats, and similar animals.

Animals, exotic, means exotic and nontraditional house pets, such as ocelots and wild cats.

Animals, non-domestic, means livestock and poultry commonly kept for productive purposes on a farm, such as cattle, swine, horses, sheep, goats, chickens, ducks and similar animals including deer and raccoons.

Basement means a portion of a building located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Boardinghouse, roominghouse or lodginghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons but not to exceed 20 persons.

Building means any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind and, when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

Building height means the vertical distance to be measured from the grade of a building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the upper most point on around or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

Building line means a line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line.

Carport means an automobile shelter having more than one side open.

Central water and sewer systems means utilities systems serving a group of buildings, lot or any area of the town with the design and construction of such utility systems as approved by the town and the state.

Comprehensive plan means a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social, and economic development, both public and private, of the municipality and its environs, as defined in the Minnesota Municipal Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use classified as conditional generally may be appropriate or desirable in a specified zone but requires special approval because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion or environmental disruption.

Drive-in establishment means an establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

Dwelling, attached, means a dwelling which is joined to another dwelling.

Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling unit means a residential building or portion thereof intended for occupancy by single-family but not including hotels, motels, boardinghouses or roominghouses or tourist homes.

Exterior storage (includes open storage) means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family means an individual or two or more persons related by blood, marriage or adoption living together or a group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants.

Floor area means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production of processing of goods or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices.

Garage, private, means an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.

Governing body means town board.

Home occupation means any business activity conducted incidental to the residential use of a property, generally within a dwelling, by resident occupants, and which is subject to the regulations and processing requirements of section 30-877 of the Linwood Township Code.

Hotel means a building which provides a common entrance lobby, halls and stairway and in which 20 or more people are, for compensation, lodged with or without meals.

Impervious surface means a constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops, decks, sidewalks, patios, swimming pools, parking lots, concrete, asphalt or gravel driveways, and other similar surfaces.

Interim use means a temporary use of property until a particular date, until the occurrence of a particular event, until the property changes hands, or until zoning regulations no longer permit it.

Junk yard means an open area where waste, used or secondhand materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junk yard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.

Landscaping means planting, such as trees, grass and shrubs.

Lot means a parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description as on a subdivision of record of survey map for the purpose of sale or lease or separate use thereof.

Lot area means the area of a lot in a horizontal plane bounded by lot lines.

Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter.

Lot depth means the mean horizontal distance between the front lot line and rear lot line of a lot.

Lot line means the property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the town board.

Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot which is one unit of a plat heretofore duly approved and filed or one unit of an auditor's subdivision or a registered land survey that has been recorded in the office of the register of deeds or registrar of titles for the county prior to the effective date of the ordinance from which this chapter is derived.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured at the 40-foot depth of the lot from the front lot line.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under this M.S.A. ch. 327.

Manufactured home park means an area in which lots are rented for the placement of non-transient occupied manufactured homes.

Mining means the extraction of sand, gravel, rock, soil or other material from the land in the amount of 400 cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit.

Modular home means a non-manufactured housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. A modular home shall be congruous to a one-family dwelling.

Motel (tourist court) means a building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

Multifamily residential means a building or structure wholly or partially leased or intended to be leased to one or more tenants for residential living or sleeping purposes, but excluding rest homes, convalescent homes, nursing homes, hotels and motels.

Off-street loading space means a space accessible from a street, alley or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate one vehicle of the type typically used in the particular business.

Open sales lot (exterior storage) means any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under open sky prior to sale.

Parcel of land means any unit of land whether located within an approved subdivision or plat of land, within an auditor's subdivision, within a registered land survey or described by metes and bounds and separated from other parcels of land by description for the purpose of conveyance, sale, lease or separate use thereof.

Parking space means a suitable surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.

Planning and zoning commission means the planning and zoning commission of the town except when otherwise designated.

Pole barn means a metal-clad building of pole or post construction with trusses six feet to nine feet on center.

Portable storage structure means any container, storage unit, shed-like container or other portable structure, other than an accessory building or shed complying with all building codes and land use requirements, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. Fish houses and enclosed trailers that have a current license are considered personal property and not storage structures.

Principal structure or use means the purpose or activity for which the land, structure or building thereon is designated, arranged or intended or for which it is occupied or maintained.

Public means land owned or operated by town, school district, county, state or other governmental units.

Reclamation, land, means the improvement of land by deposition of material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land.

Recreation, commercial, means and includes all uses such as bowling alleys, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreation equipment means play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 20 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools, playhouses exceeding 25 square feet of floor area or sheds utilized for storage of equipment.

Recreation, public, means and includes all uses such as tennis courts, ball fields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites owned and operated by a unit of government for the purpose of providing recreation.

Self-service storage (ministorage) means a structure or structures containing separate storage spaces of varying sizes that is leased or rented individually.

Shoreland means land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream.

Story means that portion of a building included between the surface floor and the surface of the floor next above.

Street means a public right-of-way which affords the principal means of access to abutting property.

Structural alteration means any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as bearing walls, columns, beams, girders or foundations.

Structure means anything constructed, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground.

Use, nonconforming, means a use of land, building or structure lawfully existing at the time of adoption of the ordinance from which this chapter is derived which does not comply with all the regulations of this chapter or any use of land, building or structure lawfully existing prior to the adoption of an amendment which would not comply with all of the regulations.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district.

Variance means a modification or variation of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause an undue or unnecessary hardship or that strict conformity with the provisions of this chapter would be unreasonable, impracticable or unfeasible under the circumstances.

Vegetation means the sum total of plant life in some area or a plant community with distinguishable characteristics.

Waterbody means a body of water (lake, pond) or a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land.

Watercourse means a channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-around or intermittently.

Watershed means the area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

Wetlands means an area where water stands near, at or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation and which may have the following characteristics:

(1)

Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood) and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7 and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S. 1956.")

(2)

Mineral soils with grey horizons or organic soils belonging to the Histosol order (peat and muck).

(3)

Soil which is waterlogged or covered with water at least three months of the year. Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands and property may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents and may at times be sufficiently dry to permit tillage but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Yard means a required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, side, means the yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

Zoning district means an area or areas within the limits of the town for which the regulations and requirements governing use are uniform.

Zoning district amendment means a change authorized by the town board, either in the allowed use within a district or in the boundaries of a district.

(Code 2004, § 807.02(subds. (1), (2))); Ord. No. 169, § A, 5-22-2018; Ord. No. 185, § B, 10-27-2020; Ord. No. 197, § 1, 6-28-2022)