No cellar, garage, tent, travel trailer, basement with unfinished structure above it or accessory building, shall at any time be used as a dwelling unit.

(Code 2004, § 807.03(subd. 7))

Before any house or other structure is moved, an application for building permit shall be made and a questionnaire on the structure shall be completed by the property owner or his designated representative. The building official shall make a preliminary inspection to determine that the structure meets all state building codes and town ordinances. If the structure does not meet these regulations, the owner must present complete and detailed plans showing the changes to be made in order to come to code to the building official. The building official must approve the plans and present them to the board at the next meeting for their approval. No building permit will be issued until the owner has agreed in writing that the entire building will be completed within a period of six months, the fee has been paid and a performance bond or certified check guaranteeing completion of said changes and equal to at least 1½ times the cost of the value of the building has been posted with the town.

(Code 2004, § 807.03(subd. 8))

A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the county recorder upon or prior to the effective date of the ordinance from which this chapter is derived shall be deemed a buildable lot, provided it has frontage on a public right-of-way, can meet the applicable setback requirements, has an approved well and an approved on-site septic system.

(Code 2004, § 807.03(subd. 2(1))

Access to any public street shall require a curb cut permit as issued by the town building official.

(Code 2004, § 807.03(subd. 2(2))

Except in the case of operating farms as provided for hereinafter, not more than one principal building shall be located on a lot.

(Code 2004, § 807.03(subd. 2(3))

Accessory buildings and structures of any kind (pole barn construction or frame construction) are permitted in the R-A and R-1 districts, subject to the restrictions in this division.

(Code 2004, § 807.03(subd. 3(intro. ¶)); Ord. No. 143, § 8(intro. ¶), 3-12-2013; Ord. No. 169, § B(intro. ¶), 5-22-2018)

No accessory building or use shall be constructed or developed on a parcel of land without a principal dwelling unit except under the following conditions:

(1)

If a building permit for a dwelling unit and a detached accessory building or structure has been issued and adequate progress (footings and foundation block work) has been made on the construction of the dwelling, the accessory building may be completed and used for storage.

(2)

If the dwelling unit of the property owner is located on a parcel of land which is adjacent to and contiguous with a parcel proposed for an accessory building or structure, and the parcels have been joined under one property identification number in the offices of the county treasurer and the county recorder, the building official may issue a permit for building on the vacant parcel.

(3)

If the dwelling unit of the property owner is located on a parcel of land which is separated by a road or by another parcel from a parcel proposed for an accessory building or structure, the building official may issue a permit for the accessory building on the vacant parcel, provided that:

a.

The owner has received the approval of the town board following the recommendation of the planning and zoning commission; and

b.

The owner has provided proof that the parcels will not be conveyed separately from one another by a fully executed appropriate restrictive covenant.

(Code 2004, § 807.03(subd. 3(1)); Ord. No. 143, § 8(1)(A)—(C), 3-12-2013; Ord. No. 169, § B(1), 5-22-2018; Ord. No. 208, § 3, 3-28-2023)

The use of portable storage structures is allowed under the following conditions:

(1)

There shall be no more than one portable storage structure per property.

(2)

The portable storage structure must be setback a minimum of ten feet from side and rear property lines and 30 feet from road right-of-way.

(3)

The structure may not be on permanent footings, and shall be no more than 250 square feet in size.

(4)

Exterior shall be maintained free from extensive dilapidation due to cracks, tears, breaks, rust, snow or wind damage or deterioration of plastic, fabric, vinyl, aluminum or other materials.

(5)

Violations shall be corrected or removed within 30 days.

(Code 2004, § 807.03(subd. 3(2)); Ord. No. 169, § B(2), 5-22-2018; Ord. No. 208, § 4, 3-28-2023)

(a)

Generally. The accessory buildings and structures specific requirements in the Single-Family Residential (R-1) District are set forth in this section.

(b)

Sidewall specifications. An accessory building or a private garage shall have sidewalls as follows:

(1)

One story. A minimum of eight feet high and a maximum as set for the acreage in sections 30-671 and 30-672; or

(2)

Two stories. Ceiling height on lower level not to exceed nine feet and upper level not to exceed eight feet. The second story of an accessory building will have a complete floor.

(c)

Maximum height. The maximum height shall not exceed the height allowed under division 15 of this article.

(Code 2004, § 807.03(subd. 3(3)); Ord. No. 169, § B(3), 5-22-2018; Ord. No. 188, § A, 2-23-2021; Ord. No. 199, § 4, 9-27-2022; Ord. No. 208, § 5, 3-28-2023)

Except as provided in this division, private garages and accessory buildings shall be harmonious with the style and color of the siding and roofing of the dwelling unit.

(Code 2004, § 807.03(subd. 3(4)); Ord. No. 169, § B(4), 5-22-2018)

All parcels with a dwelling unit shall be allowed to have a minimum garage size of 24 feet by 24 feet with nine-foot sidewalls and a maximum roof pitch of 6/12 as long as it meets setback requirements.

(Code 2004, § 807.03(subd. 3(5)); Ord. No. 169, § B(5), 5-22-2018)

The following are limitations on accessory buildings and structures in the Single-Family Residential (R-1) District:

(1)

A parcel of land may have one dwelling unit, one private garage (whether attached or detached), and one accessory building or structure, and one storage shed up to 200 square feet in size, and one portable storage structure.

(2)

The maximum size of an accessory building shall be subject to buildable area limitations in section 30-676 and limited by the size of the parcel as follows:

Buildable Area Limitations of Accessory Buildings in R-1 District

(3)

The maximum cumulative square footage may not exceed 3,600 square feet on any size parcel in this zoning district.

a.

The area of a lean-to shall be included in the allowable square footage of detached accessory buildings or structures.

b.

The area of a storage shed shall not be included in the allowable square footage of detached accessory buildings or structures.

(4)

A private garage, whether attached or detached, shall be no larger than 1,200 square feet. The area of a lean-to which is attached to the structure shall be included in the allowable square footage of the private garage.

(Code 2004, § 807.03(subd. 3(6)); Ord. No. 169, § B(6), 5-22-2018; Ord. No. 181, § 1, 5-28-2019; Ord. No. 188, §§ B, C, 2-23-2021)

The accessory buildings and structures specific requirements in the Residential-Agricultural (R-A) District are as follows:

(1)

A parcel of land that is smaller than six acres may have one dwelling unit, one private garage (whether attached or detached), one accessory building or structure, one storage shed up to 200 square feet, and one portable storage structure.

(2)

A parcel of land that is six acres or larger may have one dwelling unit, one private garage (whether attached or detached), up to three accessory buildings or structures, two storage sheds up to 200 square feet, and one portable storage structure.

(3)

The maximum size of an accessory building shall be subject to buildable area limitations in section 30-673 and limited by the size of the parcel as follows:

Buildable Area Limitations of Accessory Buildings in R-A District

(4)

The maximum cumulative square footage may not exceed 3,600 square feet on any parcel in this zoning district.

a.

The area of a lean-to shall be included in the allowable square footage of detached accessory buildings or structures.

b.

The area of a storage shed shall not be included in the allowable square footage of detached accessory buildings or structures.

(5)

A private garage (whether attached or detached) shall be no larger than 1,200 square feet. The area of a lean-to which is attached to the structure shall be included in the allowable square footage of the private garage.

(6)

Storage sheds shall be no more than 200 square feet and shall be limited to a sidewall height no greater than eight feet.

a.

Storage sheds less than 120 square feet do not require a building or zoning permit unless they are built on a permanent concrete foundation or are served with electricity.

b.

Storage sheds 120 square feet to 200 square feet require a zoning permit.

c.

Storage sheds shall comply with all setback and building requirements.

(Code 2004, § 807.03(subd. 3(7)); Ord. No. 169, § B(7), 5-22-2018; Ord. No. 181, § 1, 5-28-2019; Ord. No. 188, §§ D—F, 2-23-2021)

Building site itself must be at least two feet above mottled soil. This shall be considered high ground for accessory building purposes.

(Code 2004, § 807.03(subd. 3(8)); Ord. No. 169, § B(8), 5-22-2018; Ord. No. 199, § 4, 9-27-2022)

The combined area of all buildings and impervious surface on a parcel of land may not exceed 25 percent of the total area of the parcel or 25 percent of the buildable area whichever is more restrictive.

(1)

Permeable pavers of any type are not permitted to be included in the pervious surface calculations and must be included in impervious surface totals.

(Code 2004, § 807.03(subd. 3(9)); Ord. No. 169, § B(9), 5-22-2018; Ord. No. 199, § 5, 9-27-2022)

Editor's note— Ord. No. 208, § 6, adopted March 28, 2023, repealed § 30-675, which pertained to exemption for land parcels in R-A district and derived from Code 2004, § 807.03(subd. 3(10)); Ord. No. 169, § B(10), adopted May 22, 2018.

If a parcel of land is subdivided, any existing accessory building needs to be downsized to match the allowable size on the parcel on which it remains.

(Code 2004, § 807.03(subd. 3(11)); Ord. No. 169, § B(11), 5-22-2018)

Detached garages and accessory buildings and structures shall not be located nearer the front property line than the dwelling unit with the following exceptions:

(1)

Lakeshore parcels of land of record on the effective date of the ordinance from which this chapter is derived that are less than one acre, the garages and accessory buildings must be harmonious with the dwelling unit and surrounding properties, and shall have the facade match the materials and colors of the dwelling unit. For purposes of this chapter, a facade shall be defined as the face of a building, especially the principal front that looks onto a street. Where a building is on the corner of two streets, there may be two facades. Shoreland properties must also comply with shoreland ordinances.

(2)

A private garage or accessory building may be placed closer to an adjacent road than the dwelling unit based upon the following criteria:

a.

The lot size and width are consistent with the yard and area regulations for the district.

b.

Building size may never exceed 3,600 square feet in a location closer to an adjacent road than the dwelling unit.

c.

A private garage or accessory building must not be placed within front or side yard setbacks of an existing garage or accessory structure

d.

The placement of a private garage or accessory building must comply with the minimum applicable requirements for location from a well or onsite sewage treatment system.

e.

Any accessory building built in front of the rear line of the dwelling unit, or nearer to the road than the dwelling unit, shall have the facade facing the adjacent road match the materials and colors of the dwelling unit. This includes stone and brick, which may be closely matching, lightweight hang-on type products.

(Code 2004, § 807.03(subd. 3(12)); Ord. No. 169, § B(12), 5-22-2018; Ord. No. 188, § G, 2-23-2021; Ord. No. 199, § 6, 9-27-2022)

Accessory buildings are allowed to have a bathroom and/or kitchen but no permanent living provisions such as beds and strong indicators of long-term inhabitation.

(Code 2004, § 807.03(subd. 3(13)); Ord. No. 169, § B(13), 5-22-2018; Ord. No. 215, § 6, 4-9-2024)

Proposed accessory buildings which meet the definition of the term "agricultural building" in Minn. Stats. § 326B.103, subd. 3 may be exempt from the requirement to obtain a building permit but are subject to all standards of this division, with the exception of size restrictions and total number restrictions. A site plan must be submitted and administratively approved by the building official or zoning administrator or designee prior to commencing construction on any accessory structure which qualifies as an agricultural building.

(Ord. No. 188, § H, 2-23-2021)

All farms in existence upon the effective date of the ordinance from which this chapter is derived and all farms which are brought into the town by annexation shall be a permitted use.

(Code 2004, § 807.03(subd. 4(intro. ¶)))

All dwelling units and structures for processing of farm goods shall require any farm operation to secure a conditional use permit to continue said operations in the event of the conditions in this division.

(Code 2004, § 807.03(subd. 4(intro. ¶)))

Any farm operation may be required to secure a conditional use permit to continue processing of farm goods in the event of the following:

(1)

The farm is adjacent to or within 400 feet of any dwelling unit and may be detrimental to living conditions by emitting noise, odor, vibrations, hazards to safety and the like.

(2)

The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing and packaging of products for wholesale or retail trade and, further, that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation.

(Code 2004, § 807.03(subd. 4(1)))

Non-domestic animals other than deer, raccoons, chickens, and ducks cannot be kept or housed in the R-1 Single-Family Residential District; deer, raccoons, chickens, and ducks may be kept and housed in the R-1 Single-Family Residential District. Any non-domestic animal can be kept or housed in the other districts established by the town Code on lots or separate parcels of record of more than nine acres that are not part of a subdivision plat; such animals may be kept or housed in the other districts on lots or separate parcels of record of nine acres or less only if specifically authorized by the grant of an interim use permit for such purpose. Exotic animals cannot be kept or housed in any district.

(Code 2004, § 807.03(subd. 4(2)))

No hog farm shall be continued or established within 1,000 feet of a dwelling unit.

(Code 2004, § 807.03(subd. 4(3)))

Special regulations for the keeping of non-domestic animals are as follows:

(1)

On all parcels of land where non-domestic animals are maintained, there must be a roofed or covered structure to protect the animals from the elements. The structure must meet the front yard setback requirements set forth in section 30-904.

(2)

On all parcels of land where non-domestic animals are maintained, there must be a secure fence or corral to contain the animals. The fence must meet the front yard setback requirements set forth in section 30-904.

(3)

Manure must be handled and treated in such a manner so as not to create a public nuisance or impact the environment or groundwater. Corrals, pens, stables, and similar enclosures must be maintained in a manner to minimize fly breeding. Accumulations of manure must not be left on any street or sidewalk, and any person or entity responsible for doing so is guilty of a misdemeanor.

(4)

Non-domestic animals must not be treated cruelly or inhumanely by any person or in violation of the Minnesota Statutes preventing cruelty to animals.

(Code 2004, § 807.03(subd. 4(4)(A)—(D)))

Exotic animals are not permitted within the town.

(Code 2004, § 807.03(subd. 4(4)(E)))

Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the vacated area shall not be affected by such proceeding.

(Code 2004, § 807.03(subd. 5))

Manufactured homes (used on a temporary or permanent basis), as defined in section 30-7, shall only be permitted within the Manufactured Home Park (R-2) District, except as provided in this division.

(Code 2004, § 807.03(subd. 6(intro. ¶)))

The town board may grant a permit for a period not to exceed one year for a manufactured home in any residential zoning district during the reconstruction of a home that has been damaged or destroyed so as to be unhabitable.

(Code 2004, § 807.03(subd. 6(1)))

The town board may grant an interim use permit for one manufactured home for use as a farm residence homestead, provided it is occupied by the owner or family member actively engaged in farming the land on which the manufactured home is to be located

(Code 2004, § 807.03(subd. 6(2)))

The town board may grant an interim use permit with stipulated time limitations for the temporary utilization of manufactured homes in locations other than the R-2 district when a special hardship is found to exist. Such hardship shall be generally a result of age or a physical handicap of a blood relative. The following conditions shall apply in such situations:

(1)

Any person requiring such temporary habitation shall make application to the town board for an interim use permit, stating the location, type of structure, length of time he intends to use such structure for habitation and reason for need of such habitation.

(2)

The building official shall inspect such proposed structure and report his findings and recommendations to the town board.

(Code 2004, § 807.03(subd. 6(3)(A), (B)))

If the town board finds that the public health, safety, morals and general welfare will not be impaired and that the value of public and private property will not be affected adversely, it may grant an interim use permit for such structure to be used for temporary habitation, provided that the person so applying shall enter into a written agreement with the board as to when such occupation is to cease. No permit for temporary habitation shall be granted for a period longer than one year and the town board may revoke such permit upon 90 days written notice if and when it finds:

(1)

That the public health, safety, morals or general welfare are being impaired by such habitation.

(2)

That the continued existence of such habitation conflicts with the town's comprehensive development plan.

(3)

The temporary habitation structure has been abandoned or put to any use other than that stated in the application as the reason for need of such habitation.

(4)

That the value of public or private property is being affected adversely thereby.

(Code 2004, § 807.03(subd. 6(3)(C)))

Extensions of such interim use permits may be obtained only by reapplying to the town board.

(Code 2004, § 807.03(subd. 6(3)(D)))

The sanitary sewer and water supply serving temporary habitation shall comply with all applicable rules, regulations and standards of chapter 28, pertaining to utilities.

(Code 2004, § 807.03(subd. 6(3)(E)))

Any material used to insulate around the exterior of or underneath such temporary habitation shall be noncombustible and nontoxic.

(Code 2004, § 807.03(subd. 6(3)(E1)))

The fee for temporary habitation permits shall be as outlined in section 2-249 and shall be payable to the town at the time of issuance of the permit or as otherwise specified by the town board.

(Code 2004, § 807.03(subd. 6(4)))

Manufactured homes, as defined in section 30-7, but which do not comply with all regulations and standards for the district in which they are located or which do not comply with all other regulations and standards of the town ordinances which apply to dwellings and residential structures shall be permitted within districts other than the manufactured home park (R-2) zoning district during the reconstruction of a home that has been damaged or destroyed so as to be uninhabitable and for the temporary utilization thereof when a special hardship is found to exist, but only if an interim use permit is first granted as provided in this division and for periods not to exceed the periods herein provided for manufactured homes in such other districts during the reconstruction of a home that has been so damaged or destroyed or for the temporary utilization thereof when a special hardship is found to exist; all definitions, conditions and procedures of this division which apply in the granting of interim use permits for such use of manufactured homes shall apply in cases of granting of such permits for non-complying manufactured homes.

(Code 2004, § 807.03(subd. 6(5))

Fences, walls and similar barriers shall be permitted in all yards subject to the provisions in this division.

(Code 2004, § 807.03(subd. 9(intro. ¶)))

Any fence or wall may be located in any yard or along a side or rear property line, except that any fence or wall in excess of six feet in height shall meet the minimum required building setback for the zoning district in which it is located.

(Code 2004, § 807.03(subd. 9(1)))

Any fence or wall or similar barrier located in the minimum required front yard setback shall not be over four feet in height or obstruct vision and thereby create a traffic hazard. Any such barrier shall be removed by the owner upon action of the town board.

(Code 2004, § 807.03(subd. 9(2)))

Any fence, wall or similar barrier which is not properly maintained so as to create an eyesore or nuisance shall be removed by the owner upon action of the town board.

(Code 2004, § 807.03(subd. 9(3)))

Fences which are for the sole purpose of containing non-domestic animals are not subject to the provisions of this chapter.

(Code 2004, § 807.03(subd. 9(4)))

(a)

Under this chapter, land reclamation is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only by conditional use permit in all districts.

(b)

Any lot or parcel upon which 400 cubic yards or more of fill is to be deposited shall be land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and, as conditions thereof shall regulate, the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, planned controls of vehicular ingress and egress and for control of material disbursed from wind or hauling of material to and from site.

(Code 2004, § 807.03(subd. 10))

The extraction of sand and gravel or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site without processing shall be mining. In all districts, the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted and the route of trucks moving to and from the site.

(Code 2004, § 807.03(subd. 11))

Processing sand, gravel or other materials mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site and such permit shall be granted for a specified period.

(Code 2004, § 807.03(subd. 12))

All uses, including pipelines, associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit in order that the town board may have some assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public welfare. All existing above-ground liquid storage tanks having a capacity in excess of 1,000 gallons shall secure a conditional use permit within 12 months following enactment of the ordinance from which this chapter is derived. The town board may require the development of diking around said tanks, suitably sealed, to hold a leakage capacity equal to 115 percent of the tank capacity. Any existing storage tank that, in the opinion of the town board, constitutes a hazard to the public safety shall discontinue operations within five years following enactment of the ordinance from which this chapter is derived.

(Code 2004, § 807.03(subd. 13))

The purpose of this section is to provide for the use of the home as a place for the operation of a business or profession provided the occupation is clearly secondary to the principal use of the home as a residence, and does not alter the character or appearance of the home or neighborhood. Home occupations are allowed in in the R-1 (single family residential) and R-A (residential-agriculture) zoning districts, but not in the R-2 (manufactured home park district). Proposed home occupations that cannot comply with, or are found to be in violation of, the terms of this section shall be prohibited on residential property. Conduct of such business activities shall only occur on properly zoned commercial property in accordance with the standards of that zoning district.

(a)

Performance standards. All home occupations shall conform to the following standards:

(1)

Conduct of the home occupation shall not require alterations to the exterior of the residence which substantially alters the appearance of the dwelling as a residence, or to the interior of the residence which would interfere with the ongoing residential use of the property or dwelling.

(2)

Operation of the home occupation shall be conducted entirely within the principal residence, or an attached garage thereto. Home occupation activities which require the use of a detached accessory building, whether active use or storage or other purpose, shall require application for an interim use permit as provided for in this section.

(3)

Only those persons residing in the home may be employed on the site. One person who is a nonresident may be allowed under the interim use permit provisions of this section. Any need for parking generated by the home occupation shall be met by off-street parking. The parking area devoted to business uses shall be limited to two spaces.

(4)

No traffic shall be generated by any home occupation in a greater volume than would normally be expected from a single-family residence. Traffic generation expected beyond normal residential levels shall require application for an interim use permit as provided for in this section.

(5)

Any identification sign associated with the home occupation shall not exceed two square feet.

(6)

There shall be no exterior storage of any materials including business equipment, merchandise, inventory, business-related vehicles, or heavy equipment, with the exception that one light commercial, home business related vehicle and associated trailer may be parked on the site. For the purposes of this section, the term "light commercial vehicle" is a vehicle that does not exceed 28 feet in length or a gross vehicle weight rating of 16,000 pounds. One business-related trailer shall be allowed, provided that the trailer is attached to a vehicle and the combined length of the vehicle and trailer does not exceed 46 feet. No other materials may be stored.

(7)

No home occupation activity shall be conducted outside of any building.

(8)

The hours of operation shall be reasonable so as not to interfere with the residential character of the neighborhood. No visible business activity of any kind shall occur on the property between the hours of 8:00 p.m. and 7:00 a.m.

(9)

Exterior lighting shall be directed and shielded from neighboring properties and public ways. No lighting shall be permitted for business purposes that is not typical of residential and/or rural-residential outdoor lighting.

(10)

A home occupation shall not generate sewage of a nature or type that cannot be treated by a standard residential on-site sewage system, nor shall it generate any hazardous wastes without an approved plan for off-site disposal acceptable to the township under an interim use permit.

(11)

There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, or any other nuisance resulting from the home occupation.

(b)

Permitted home occupations, no interim use permit required. Home occupations which are located within a dwelling, do not require use of a detached garage or accessory building, or generate a noticeable increase in traffic or parking shall be permitted.

(1)

Must comply with all performance standards.

(2)

The area set aside for the home occupation in the principal structure shall not exceed 50 percent of the gross living area of the principal structure.

(3)

Should the home occupation be repair, the items repaired shall be of a size or nature that repairs can occur within the dwelling.

(c)

Interim home occupations, interim use permit required. Home occupations which require (1) the use of any detached accessory building or attached garage; and/or (2) have the potential for generating a noticeable increase in traffic beyond typical residential trips per day; and/or (3) require additional parking, shall require an interim use permit in accordance with article II, division 4, Interim Use Permits. Any interim home occupation shall at all times demonstrate compliance with the requirements of subsection (b) above (unless specifically addressed under this section), and the following additional requirements:

(1)

Interim home occupations shall only be allowed on parcels zoned R-A, residential-agriculture, or if zoned R-1, single family residential, parcels must be at least ten acres in size.

(2)

No portion of the home occupation shall be located on any portion of the property between the principal residence and the public street.

(3)

No portion of the interim home occupation shall be located any closer than 100 feet to any adjoining residential property.

(4)

The town board may place additional restrictions on the interim home occupation to protect the residential character of the area, and the residential uses on both the subject property and surrounding property. Those restrictions may include, but shall not be limited to, the following:

a.

Hours of operation.

b.

Screening and buffering

c.

Limitation of vehicles, materials, or other equipment used in the home occupation.

(5)

Interim use permits granted by this section shall be temporary in nature and shall be granted to a designated natural person who resides at a residential address. Interim use permits are not transferable from person to person or from address to address.

(6)

Applications for home occupation interim use permits shall be filed with the planning and zoning department accompanied by a fee as set by the town's adopted fee schedule. The application shall be forwarded to the planning commission for a public hearing. All such hearings shall be held at public meetings of the planning commission and shall be conducted as provided in section 30-112 of the town Code. Legal notice of all such hearings shall be given as required for petitions for any interim use permit. At the conclusion of its hearing, the planning commission shall make findings of fact and recommendations to the town board. Notwithstanding provisions to the contrary, the town board may waive the requirement for a survey in circumstances where no buildings or site improvements are proposed.

(7)

The initial interim use permit may be approved by the town board following a public hearing for a period up to two years and thereafter may be administratively renewed with town board approval for periods between one and five years, depending on the type of business, the level of impact, demonstration of and compliance with any imposed conditions and the requirements in this section, and the absence of violations of township ordinances. Alternatively, should any of the above impacts or violations exist, a public hearing may be required for renewal, and the town shall consider the IUP as a new application, with no inherent right to continue the prior permit or use.

(d)

Access and inspections. The township hereby reserves the right, upon issuing any interim use permit, to inspect (with or without notice) the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(1)

The official or designated representative may, but shall not be required to, give an occupant of the dwelling advance notice of the inspection.

(2)

Refusal to permit access. Any person who shall, without good cause, refuse to permit access to a dwelling by the official or designated representative for the purpose of making the inspection shall receive a notice to terminate the use.

(3)

Any other restrictions or conditions as the town board may determine to be necessary to avoid conflict with surrounding residential land usage.

(Ord. No. 197, § 2, 6-28-2022)

Editor's note— Ord. No. 197, § 2, adopted June 28, 2022, repealed the former § 30-877, and enacted a new § 30-877 as set out herein. The former § 30-877 pertained to interim use permit required and derived from Code 2004, § 807.03(subd. 14).

This division identifies minimum yard spaces and areas to be provided for in all zoning districts.

(1)

All references to setbacks in this division shall be understood to be measured to the outermost extremity of the building, that is, the exterior wall, the roof or any portion thereof supported by such wall, or any adjunct to the building, such as deck, porch, stoop, entrance, foyer, terrace, or attached garage.

(2)

No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter and, if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as a part of any open space required for another structure.

(Code 2004, § 807.03(subd. 15(1), (2)))

(a)

A front yard setback of 40 feet from the front lot line shall be maintained.

(b)

Through lots in any district shall have a required front yard on each street.

(c)

Awnings, canopies, and flagpoles shall not be considered as encroachments on front yard setback requirements.

(Code 2004, § 807.03(subd. 15(3)))

(a)

Two side yards, one on each side of the principal building or use, not less than ten feet in width shall be maintained.

(b)

A corner lot in an R-1 district shall have a 20-foot setback from the side street lot line. A corner lot in other districts shall have a 30-foot setback from the side street lot line. In a corner lot, no obstruction higher than curb level shall be located within 40 feet of the corner formed by the property line of any two intersecting streets.

(c)

Awnings which may be folded flat against the building, off-street open parking spaces as regulated by article VI of this chapter, and fences or walls not exceeding six feet in height and as regulated article III of this chapter shall not be considered encroachments on side yard setback requirements.

(Code 2004, § 807.03(subd. 15(4)))

(a)

The principal building or use shall have a 30-foot setback from the rear lot line.

(b)

An accessory building, structure or use, as regulated by division 3 of this article, shall have a ten-foot setback from the rear property line.

(c)

Recreational/playground equipment, clothesline poles, arbors, trellises, heating or air conditioning equipment, off-street open parking spaces as regulated by article VI of this chapter, and fences or walls not exceeding six feet in height and as regulated by article III of this chapter shall not be considered encroachments on rear yard setback requirements.

(Code 2004, § 807.03(subd. 15(5)))

This division identifies minimum area and building size requirements to be provided for in each zoning district.

(Code 2004, § 807.03(subd. 16(1)))

The minimum lot width for the Rural-Agricultural (R-A) District, Single-Family Residential (R-1) District, Manufactured Home Park (R-2) District and General Business (B) District are as follows:

Lot Width

(Code 2004, § 807.03(subd. 16(2)(A)))

The minimum lot area for the Rural-Agricultural (RA) District, Single-family Residential (R-1) District (R-2) District and (B) District are as follows:

Lot Area

(Code 2004, § 807.03(subd. 16(2)(B)))

(a)

The lot frontage requirements for the residential districts are as follows:

(1)

Residential-Agricultural (R-A) District is 300 feet of frontage (front lot line) on a town-approved street and width at the front yard setback line.

(2)

Single-Family Residential (R-1) District and General Business (B) District is 150 feet of frontage (front lot line) on a town approved street and width at the front yard setback line.

(b)

The minimum lot area requirement in R-A districts shall be five acres, except as follows:

(1)

An approved central sewer system is utilized.

(2)

The applicant has clearly demonstrated that the development conditions of the property and/or unique features of the use will significantly reduce any potential pollution hazards and will not create an increased future demand on town services.

An appeal to reduce the five-acre minimum lot size requirement to 2½ acres may be granted by the town board when one of the two conditions noted in this subsection (b) are satisfactorily demonstrated.

(c)

A soil percolation test may be required to ensure the sanitary function of private on-site systems. If test indicates that the soils are not adequate, the size of the lot area will be increased in lot area until the size is deemed adequate.

(d)

Public rights-of-way are not a part of the buildable lot area and, therefore, shall not be included as part of the minimum lot area required.

(e)

Requests for a building on a nonconforming lot shall be accompanied by a site plan locating the proposed well and septic tank and those of abutting developed properties. The building official shall issue an occupancy permit only if the applicant can demonstrate that no pollution or health hazard will result.

(Code 2004, § 807.03(subd. 16(3)—(6)))

Based upon the necessity to provide fire protection to people and property where land proposed for development is determined to be located within a pine grove, the design or layout of said property shall conform to the standards as defined in chapter 22, article III, division 7.

(Code 2004, § 807.03(subd. 17(1)))

Unless otherwise authorized by the town board, no building permit shall be granted for the erection of any habitable structure without demonstrated compliance with all aforesaid standards.

(Code 2004, § 807.03(subd. 17(2)))

Newly constructed dwelling units located in the Residential-Agricultural (R-A) District and Single-family Residential (R-1) District must meet the minimum structural design standards in this division.

Minimum ground floor area shall be 864 square feet for a single-story dwelling. A dwelling unit with 1½ or more stories shall have a minimum of 864 square feet on the main floor.

No habitable room, except the kitchen, shall contain less than 90 square feet of floor area.

No residential structure shall have an exterior width of less than 24 feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.

All dwelling units and additions to dwelling units, other than approved earth-sheltered homes, shall have at least a 4/12 roof pitch and roof overhangs which extend a minimum of one foot from the exterior wall of the structure. Roofs shall be covered with shingles, tiles or steel panel (standing seam) roofing.

All dwellings located in R-A and R-1 districts shall be placed on permanent foundations of concrete or treated wood which shall conform with the Uniform Building Code as adopted in the state and which shall be solid for the full perimeter of the structure; manufactured homes shall be bolted to the foundation.

All residential dwellings must be built in conformance with the state building code.

(a)

R-A, B districts. No building or structure shall exceed three stories in height.

(b)

R-1, R-2 districts. No building or structure shall exceed two stories in height.

(1)

Accessory buildings in front yards shall not exceed the height of the house, unless subject to section 30-670.

(2)

Accessory buildings in rear yards shall not exceed the height of the house or the allowable sidewall height for the acreage plus a 6/12 roof, or as allowed by ordinance for two stories.

(c)

Shoreland district. On small lots of less than one acre, accessory buildings shall not exceed the height of the house or as allowed in section 30-670, unless a variance for overall height is issued.

(Code 2004, § 807.03(subd. 16(8)(A), (B)); Ord. No. 169, §§ C, D, 5-22-2018)

The building height limits established herein for districts shall not apply to belfries, chimneys or flues, church spires, cooling towers, cupolas and domes which do not contain useable space, elevator penthouses, flag poles, monuments, parapet walls extending not more than three feet above the limiting height of the building, water towers, poles, towers and other structures for essential services, necessary mechanical and electrical appurtenances, television and radio antennas not exceeding 20 feet above the roof, and farm buildings.

(Code 2004, § 807.03(subd. 16(8)(C)); Ord. No. 169, § D, 5-22-2018)

No excluded roof equipment or structural element beyond the limited height of a building may occupy more than 25 percent of the area of such roof nor exceed ten feet unless otherwise noted.

(Code 2004, § 807.03(subd. 16(8)(D)); Ord. No. 169, § D, 5-22-2018)

(a)

As a condition of issuance of a building permit, in all areas lacking municipal sanitary sewer, all lots or parcels of land must have a contiguous buildable area of at least 20,000 square feet with a vertical separation at least two feet from natural grade to mottled soil, within which there must be a contiguous buildable site of at least 11,000 square feet with a vertical separation of at least three feet from finished grade which can be created to mottled soil.

(b)

The 11,000 square foot buildable site must have a length that is less than or equal to three times the width. The buildable site must be used for the location of the dwelling, the individual sewage treatment system, and the alternate sewage treatment site.

(c)

The 11,000 square foot buildable site must be located on the lot or parcel of land within the front, rear, and side yard setback requirements.

(d)

The 11,000 square foot buildable site must be clearly delineated on the certificate of survey together with the locations of the dwelling and the garage. Accessory buildings must be located within the 20,000 square foot buildable area but need not be within the 11,000 square foot buildable site.

(Code 2004, § 807.03(subd. 16(12)(A)—(D)); Ord. No. 143, § 9, 3-12-2013; Ord. No. 199, § 7, 9-27-2022)

The performance standards established in this division are designed to encourage a high standard of development by providing assurance that the neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. All future development shall be required to meet these standards. The standards shall also apply to existing development where so stated. The town board shall be responsible for enforcing the standards.

(Code 2004, § 807.04(subd. 1))

(a)

In residential districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently (within a period of six months) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking of passenger automobiles and pick-up trucks. Boats, recreational vehicles and unoccupied trailers less than 30 feet in length are permissible if stored in the rear yard more than ten feet from the property line.

(b)

In all districts, the town board may require an interim use permit for any exterior storage if it is demonstrated that such storage is hazard to the public health, safety, convenience or has a depreciating effect upon nearby property values or impairs scenic views or constitutes threat to living amenities.

(Code 2004, § 807.04(subd. 2))

(a)

In all districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse and weeds.

(b)

All exterior storage not permitted as an accessory use, a permitted use, or as part of an interim use permit or otherwise permitted by the provisions of this chapter shall be considered as refuse.

(Code 2004, § 807.04(subd. 3); Ord. No. 125, § 2, 1-10-2006)

(a)

Screening shall be required for any use which involves:

(1)

An off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential zone; and

(2)

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone.

Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the building official).

(b)

All exterior storage shall be screened. The exceptions are:

(1)

Merchandise being displayed for sale;

(2)

Materials and equipment presently being used for construction on the premises; and

(3)

Merchandise located on service station pump islands.

The screening required in this section shall consist of a fence or wall not less than five feet high but shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines or, in case of screening along a street, 15 feet from the street right-of-way with landscaping between the screening and the pavement. A fence shall block direct vision. Planting of a type approved by the planning and zoning commission may also be required in addition to or in lieu of fencing.

(Code 2004, § 807.04(subd. 4))

In all districts, all structures requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Code 2004, § 807.04(subd. 5))

In all districts, any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or create glare on a public street.

(Code 2004, § 807.04(subd. 6))

No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities.

(Code 2004, § 807.04(subd. 7))

Toxic matter, dust and other particulated matter shall be in complete compliance with state regulations as regulated by the state pollution control agency.

(Code 2004, § 807.04(subd. 8))