For the purpose of this chapter, the county is hereby divided into classes of land use districts which shall be designed as follows:

(a)

Agriculture district: A district.

(b)

Conservation district: C district.

(c)

Rural residence district: RR district.

(d)

Rural townsite district: RT district.

(e)

General business district: GB.

(f)

Highway business district: HB district.

(g)

Light industry district: LI district.

(h)

Heavy industry district: HI district.

(Ord. of 2-28-2012)

(a)

Generally. The location and boundaries of the districts established by this chapter are hereby set forth on the official land use district map. The official land use district map, referred to in this chapter as "the map," is hereby made a part of this chapter. The map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much as part of it as if all were fully described in this section.

(b)

Map amendments. It shall be the responsibility of the zoning administrator to maintain such map, and amendments thereto shall be recorded on such map within 30 days after official publication of amendments. The map shall be kept on file in the zoning administrator's office.

(c)

District boundaries. The boundaries between districts are, unless otherwise indicated, the centerlines of highways, roads, streets, alleys or railroad rights-of-way or such lines extended or lines parallel or perpendicular thereto, or section, half-section, quarter-section, quarter-quarter section or other fractional section lines of United States public land surveys. Where figures are shown on the map between a road and a district boundary line, they indicate that the district boundary line runs parallel to the road centerline at a distance therefrom equivalent to the number of feet or other measurement so indicated.

(Ord. of 2-28-2012)

Any land detached from an incorporated municipality and placed under the jurisdiction of this chapter in the future, shall be placed in the A district until placed in another district.

(Ord. of 2-28-2012)

When any road, highway, street or other public right-of-way is vacated, the land use classification of land abutting the centerline of the public right-of-way shall not be affected by such proceedings, nor shall the district boundary be affected thereby.

(Ord. of 2-28-2012)

When any road, highway, street or other public right-of-way is relocated, the land use classification and district boundary abutting the centerline of the public right-of-way shall be relocated to abut with the centerline of such road, highway, street or other public right-of-way.

(Ord. of 2-28-2012)

Whenever the use is neither specifically permitted nor denied, the use shall be considered prohibited unless the planning agency determines the use similar to other uses listed in that district.

(Ord. of 2-28-2012)

Appeals from the board of commissioners or any administrative officer's determination of the exact location of district boundary lines shall be heard by the board of adjustment.

(Ord. of 2-28-2012)

Additional requirements and standards in all land use districts are set forth in article IV of this chapter.

(Ord. of 2-28-2012)

(a)

Preservation of agriculture land. The intent of this A district is to allow extensive areas of the county to be preserved for agricultural related uses.

(b)

Agriculture operations. Through the adoption of this subsection, the board of commissioners is expressing its intent to enhance and encourage agricultural operations within the boundaries of the county. The county will view the agriculture district as a zone in which land is used for commercial agricultural production. Owners of property, residents, other users of property in the agriculture zone, and neighboring properties adjacent to the agriculture zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides and pesticides associated with normal agricultural operations. Owners of property, residents, other users of property in the agriculture zone, and neighboring properties adjacent to the agriculture zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to Minn. Stats. § 561.19, that this declaration may prevent them from obtaining a legal judgment against such normal operations.

(c)

Residential development. It is the intent of this A district to prevent scattered development.

(d)

Conservation of natural resources. It is the intent of this A district to preserve woodlands and other areas of aesthetic and scenic value which, because of their physical features, are desirable as water retention areas, natural habitat for plant and animal life, green space or other uses beneficial to the county.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted within the A district:

(1)

Accessory buildings which are incidental to the uses in subsection (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsection (a), (b), and (c) of this section.

(3)

Stand-alone accessory buildings as allowed in chapter, 24, section 24-338.

(4)

Agriculture and incidental agriculture related uses, including agricultural buildings.

(5)

Essential services.

(6)

Feedlots of 100 animal units or less.

(7)

Flood control and watershed structures.

(8)

Level I home occupations as regulated in section 24-326.

(9)

Land spreading of septage and biosolids as regulated by the state and federal regulations.

(10)

Manufactured homes constructed and installed according to section 24-308 for temporary purposes while a permanent residence is being constructed.

(11)

Noncommercial wind energy conversion systems as regulated in section 24-333.

(12)

One additional accessory dwelling subject to the following:

a.

Shall be a manufactured home constructed and installed according to standards contained in section 24-308, located on a parcel containing 20 acres or more and not the primary residence on the parcel.

b.

Shall be an integral part of an agricultural operation to house farm labor.

c.

Shall be serviced by an approved water and sewage treatment system.

d.

Shall be removed from the property when no longer used as a dwelling as an integral part of an agricultural operation.

(13)

Parks, recreational areas, wildlife areas, game refuges and forest preserves owned by government agencies.

(14)

Private swimming pools.

(15)

Removing or filling up to 500 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(16)

Seasonal produce sale stands as regulated in section 24-332.

(17)

Single-family, dwellings, including manufactured homes constructed and installed according to standards contained in section 24-308 and as regulated by this division.

(18)

Stockpiling of up to 500 cubic yards of fill shall be reviewed by the planning agency.

(19)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(20)

Removing, cutting, stockpiling, or filling more than 500 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(21)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(22)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(23)

Townhalls and associated accessory buildings.

(b)

Conditional uses. The following uses may be allowed in the A district as a conditional use as regulated in article II of this chapter.

(1)

Broadcasting, cellular telecommunication and personal communication services towers and facilities, subject to performance standards contained in section 24-323.

(2)

Broadcasting facilities, including studios and antennas.

(3)

Churches/houses of worship.

(4)

Cemeteries and/or memorial gardens, subject to performance standards contained in section 24-340.

(5)

Commercial wind energy conversion systems as regulated in section 24-333.

(6)

Conversion of existing common interest communities, resorts, manufactured home parks, and other similar pre-zoning ordinance nonconforming developments pursuant to Minn. Stats. chs. 515A, 515B and 327C, where applicable, and requirements of sections 24-354 and 24-47(3).

(7)

Feedlots over 100 animal units.

(8)

Golf courses, and golf driving ranges.

(9)

Grain elevators and feed mills.

(10)

Manure storage structures capable of handling manure generated by facilities over 100 animal units.

(11)

Private landing fields and associated facilities.

(12)

Riding academies and commercial stables.

(13)

Solid waste landfills as regulated by state and county regulations.

(14)

Other uses determined by the planning agency to be similar to the uses listed in this subsection.

(15)

Reserved.

(16)

Demolition debris land disposal facilitates as regulated by state and county regulations.

(17)

Municipal solid waste combustor ash land disposal facilities as regulated by state and county regulations.

(18)

Compost facilities as regulated by state and county regulations.

(19)

Source-separated organic material compost facilities as regulated by state and county regulations.

(20)

Buildings and facilities owned and operated by a governmental agency for a public purpose when served by municipal services. If not served by municipal services, a condition must be placed on the conditional use permit to adequately address the eventual connection to municipal services when they become physically possible and cost-effective.

(c)

Interim uses. The following uses may be allowed in the A district as an interim use as regulated in article II of this chapter.

(1)

Bed and breakfast/inns as regulated in section 24-321.

(2)

Campgrounds as regulated in section 24-322.

(3)

Commercial outdoor recreation areas and accessory buildings.

(4)

Elder care/dependent care as regulated in section 24-324.

(5)

Extraction of minerals, associated mining and processing activities as regulated in section 24-329.

(6)

Farm wineries as regulated in section 24-325.

(7)

Gun clubs.

(8)

Greenhouses.

(9)

Kennels as regulated in section 24-328.

(10)

Land application of nonhazardous industrial waste.

(11)

Landscape contractors.

(12)

Level II home occupations as regulated in section 24-326.

(13)

Organized group camps as regulated in section 24-330.

(14)

Outdoor firing ranges, subject to performance standards contained in section 24-327.

(15)

Racetracks.

(16)

Reception/banquet/meeting halls/retreat centers or facilities as regulated in section 24-331.

(17)

Removing, cutting, stockpiling, or filling more than 500 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(18)

Reserved.

(19)

Storage of septage.

(20)

Self-service storage facilities (mini-storage) as regulated in section 24-335.

(21)

Large solar systems. Large solar systems are not allowed in floodplains.

(22)

Short-term rental units as regulated by section 24-337.

(23)

Adaptive reuse projects as regulated in section 24-341.

(24)

Home occupation, outdoor storage.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 8-25-2020(2); Ord. of 3-23-2021(1), Att. A; Ord. of 5-25-2021(2), Att. A; Ord. of 7-27-2021(1), Att. A; Ord. of 8-24-2021(2), Att. A; Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 1-25-2022(3), Att. 1; Ord. of 5-24-2022; Ord. of 6-21-2022(1), Att. A; Ord. of 1-24-2023(1), Att. 1; Ord. of 2-25-2025(1), Att. 1; Ord. of 2-25-2025(2), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the A district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the A district.

(d)

Front yard regulations. There shall be a front yard setback in the A district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(e)

Height regulations.

(1)

There are no height regulations for agricultural structures in the A district, except where hazardous conditions may exist (e.g., Airport Safety Zones).

(2)

No residential building, hereafter erected or altered, shall exceed 35 feet or two and one-half stories in height.

(f)

Lot area regulations. Every newly created lot or tract of land with an existing dwelling, or on which a dwelling is to be erected, in the A district shall contain a contiguous buildable area of not less than one acre.

(g)

Lot frontage. All newly created lots or tracts of land in the A district with existing structures or that are intended for development shall have at least 33 feet of frontage adjacent to a public road. The minimum frontage width shall extend to the buildable area of the lot or tract and shall be free of steep slopes, bluff impact zones, wetlands, and protected water bodies.

(h)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the A district.

(i)

Rear yard regulations. There shall be a rear yard of not less than 50 feet to the dwelling or primary building in the A district. There shall be a rear yard of not less than ten feet for a detached accessory building in the A district.

(j)

Setback from feedlots. Residential dwellings in the A district shall set back as specified in chapter 6, article II, the Blue Earth County Livestock Manure Management Ordinance.

(k)

Side yard regulations. There shall be a side yard of not less than 50 feet on each side of a dwelling or primary building in the A district. There shall be a side yard of not less than ten feet for a detached accessory building in the A district.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

(a)

Permitted dwellings. In the A district, not more than one dwelling per quarter of a quarter section shall be permitted except that additional dwellings may be allowed subject to the provisions stated in this section.

(b)

Lots of record. It is the intent of this section that the total dwellings per quarter of a quarter section (40 acres) in the A district shall not exceed four, except lots of record, recorded at the land records office prior to April 12, 1977, and lots subsequently established in conformance with the zoning ordinance, prior to the adoption of this chapter, shall be considered conforming lots.

(c)

Bonus lots. Owners of parcels or tracts of land in the A district, containing 20 or more acres, that include areas which have not been farmed (tilled) within the past ten years prior to the date of the application for a permit, may be permitted one additional bonus dwelling unit upon granting of a conditional use permit subject to the provisions of article II of this chapter. With the exception of access, all structures, well(s) and SSTS shall be located entirely upon said untilled areas. The lot shall comply with the height, yard and lot area, width, and depth regulations of this chapter. The bonus lot shall not allow the establishment of more than four dwellings in a quarter of a quarter section (40 acres).

(d)

Transfer of development rights. Development rights may be transferred from a quarter of a quarter section to a contiguous (sharing one common boundary or corner point) quarter of a quarter section for the purpose of constructing a dwelling, upon obtaining approval from the Blue Earth County Planning Agency as regulated in section 24-336.

(Ord. of 2-28-2012; Ord. of 7-27-2021(1), Att. A)

The purpose of the C district is to provide a district, based on topographic, physiographic and soil conditions that will provide:

(a)

Protection of environmentally sensitive areas. It is the intent of this C district to protect the environmentally sensitive areas in the county.

(b)

Preservation of natural ground cover. It is the intent of this C district to preserve major areas of natural ground cover of this county for conservation purposes.

(c)

Conservation of natural resources. It is the intent of this C district to deter abuse of water resources and conserve other natural resources of the county.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses shall be permitted in the C district:

(1)

Accessory buildings which are incidental to the uses subsections (a), (b) and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Stand-alone accessory buildings as allowed in chapter 24, section 24-338.

(4)

Agriculture, including agricultural buildings, but excluding the creation of new feedlots.

(5)

Flood control and watershed structures.

(6)

Level I home occupations as regulated in section 24-326.

(7)

Manufactured homes constructed and installed according to section 24-308 for temporary purposes while a permanent residence is being constructed.

(8)

Noncommercial wind energy conversion systems as regulated in section 24-333.

(9)

Parks, recreational areas, wildlife areas, game refuges and forest preserves owned or operated by governmental agencies.

(10)

Private swimming pools.

(11)

Removing or filling up to 500 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(12)

Seasonal produce sale stands as regulated in section 24-332.

(13)

Single-family dwellings, including manufactured homes constructed and installed according to standards contained in section 24-308 and as regulated in this division.

(14)

Stockpiling of up to 500 cubic yards of fill shall be reviewed by the planning agency.

(15)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(16)

Removing, cutting, stockpiling, or filling more than 500 cubic yards or disturbing one acre or more of land outside a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(17)

Liquid propane storages tanks capable of holding 10,000 gallons or larger.

(18)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(19)

Essential services.

(20)

Townhalls and associated accessory buildings.

(b)

Conditional uses. The following uses may be allowed in the C district as a conditional use and subject to the provisions of article II of this chapter:

(1)

Conversion of existing common interest communities, resorts, manufactured home parks, and other similar pre-zoning ordinance nonconforming developments pursuant to Minn. Stats. chs. 515A, 515B, and 327C, where applicable, and requirements of sections 24-354 and 24-47(3).

(2)

Expansion of existing feedlots.

(3)

Expansion of existing solid waste landfills.

(4)

Golf courses and golf driving ranges.

(5)

Cemeteries and/or memorial gardens, subject to performances standards contained in section 24-340.

(6)

Reserved.

(7)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted and conditional uses listed in subsections (a) and (b) of this section.

(c)

Interim uses. The following uses may be allowed in the C district as an interim use and subject to the provisions of article II of this chapter:

(1)

Bed and breakfast/inns as regulated in section 24-321.

(2)

Campgrounds as regulated in section 24-322.

(3)

Commercial outdoor recreation areas.

(4)

Elder care/dependent care as regulated in section 24-324.

(5)

Extraction of minerals, associated mining and processing activities as regulated in section 24-329.

(6)

Farm wineries as regulated in section 24-325.

(7)

Land spreading of septage and biosolids as regulated by the state and federal regulations.

(8)

Level II home occupations as regulated in section 24-326.

(9)

Manure storage structures for existing feedlots.

(10)

Organized group camps as regulated in section 24-330.

(11)

Reception/banquet/meeting halls/retreat centers or facilities as regulated in section 24-331.

(12)

Removing, cutting, stockpiling, or filling more than 500 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(13)

Reserved.

(14)

Storage of septage.

(15)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(16)

Short-term rental units as regulated by section 24-337.

(17)

Adaptive reuse projects as regulated in section 24-341.

(18)

Home occupation, outdoor storage.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 3-23-2021(1), Att. A; Ord. of 7-27-2021(1), Att. A; Ord. of 8-24-2021(2), Att. A; Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 1-25-2022(3), Att. 1; Ord. of 5-24-2022; Ord. of 6-21-2022(1), Att. A; Ord. of 1-24-2023(1), Att. 1; Ord. of 2-25-2025(1), Att. 1; Ord. of 2-25-2025(2), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the C district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the C district.

(d)

Front yard regulations. There shall be a front yard setback in the C district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(e)

Height regulations.

(1)

There are no height regulations for agricultural structures in the C district, except where hazardous conditions may exist (e.g., Airport Safety Zones).

(2)

No residential building, hereafter erected or altered, shall exceed 35 feet, or two and one-half stories in height.

(f)

Lot area regulations. Every newly created lot or tract of land with an existing dwelling, or on which a dwelling is to be erected, in the C district shall contain a contiguous buildable area of not less than one acre.

(g)

Lot frontage. All newly created lots or tracts of land in the C district with existing structures or that are intended for development shall have at least 33 feet of frontage adjacent to a public road. The minimum frontage width shall extend to the buildable area of the lot or tract and shall be free of steep slopes, bluff impact zones, wetlands, and protected water bodies.

(h)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the C district.

(i)

Rear yard regulations. There shall be a rear yard of not less than 50 feet to the dwelling or primary building in the C district. There shall be a rear yard of not less than ten feet for a detached accessory building in the C district.

(j)

Setback from feedlots. Residential dwellings in the C district shall set back as specified chapter 6, article II, the Blue Earth County Livestock Manure Management Ordinance.

(k)

Side yard regulations. There shall be a side yard of not less than 50 feet on each side of a dwelling or primary building in the C district. There shall be a side yard of not less than ten feet for a detached accessory building in the C district.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

(a)

Permitted dwellings. In the C district, not more than one dwelling per quarter of a quarter section shall be permitted.

(b)

Lots of record. It is the intent of this section that the total dwellings per quarter of a quarter section (40 acres) in the C district shall not exceed four, except lots of record, recorded at the land records office prior to June 8, 1996, and lots subsequently established in conformance with the zoning ordinance, prior to the adoption of this chapter, shall be considered conforming lots.

(c)

Transfer of development rights. Development rights may be transferred from a quarter of a quarter section to a contiguous (sharing one common boundary or corner) quarter of a quarter section for the purpose of constructing a dwelling, upon obtaining approval from the Blue Earth County Planning Agency as regulated in section 24-336.

(Ord. of 2-28-2012; Ord. of 7-27-2021(1), Att. A)

(a)

Residential development. The RR district is intended to provide a district which will allow low density residential development in unincorporated areas of the county.

(b)

District location. This RR district will be located immediately adjacent to statutory or home rule cities, or with existing rural clusters of dwellings not generally associated with farming.

(c)

Utility services. Where practical, water and sewer services shall be attached to approved community or municipal water and sewer systems.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted within the RR district:

(1)

Accessory buildings which are incidental to uses in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Churches/houses of worship.

(4)

Essential services.

(5)

Existing agriculture and incidental agriculture related uses, including farm dwellings and agricultural buildings, but excluding confined feedlots.

(6)

Flood control and watershed structures.

(7)

Golf courses and golf driving ranges.

(8)

Noncommercial wind energy conversion systems as regulated in section 24-333.

(9)

Parks, recreational areas, wildlife areas, game refuges and forest preserves owned by governmental agencies.

(10)

Private swimming pool when completely enclosed within a chain link or similar security fence at least six feet high.

(11)

Public and private schools.

(12)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(13)

Seasonal produce sale stands as regulated in section 24-332.

(14)

Single-family dwellings.

(15)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(16)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(17)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(18)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(b)

Conditional uses. The following uses may be allowed as conditional uses in the RR district, subject to the provisions of article II of this chapter:

(1)

Conversion of existing common interest communities, resorts, manufactured home parks, and other similar pre-zoning ordinance nonconforming developments pursuant to Minn. Stats. chs. 515A, 515B and 327C, where applicable, and requirements of sections 24-354 and 24-47(3).

(2)

Cemeteries and/or memorial gardens, subject to performance standards contained in section 24-340.

(3)

Golf club houses.

(4)

Planned unit development, as regulated in article V of this chapter.

(5)

Railroad right-of-way, but not including railroad yards.

(6)

Buildings and facilities owned and operated by a governmental agency for a public purpose when served by municipal services. If not served by municipal services, a condition must be placed on the conditional use permit to adequately address the eventual connection to municipal services when they become physically possible and cost-effective.

(7)

Townhalls and associated accessory buildings.

Other uses deemed by the planning agency to be of the same general character as those listed as permitted and conditional uses listed in subsections (a) and (b) of this section.

(c)

Interim uses. The following uses may be allowed as interim uses in the RR district, subject to the provisions of article II of this chapter:

(1)

Elder care/dependent care as regulated in section 24-324.

(2)

Level I home occupations as regulated in section 24-326.

(3)

Reserved.

(4)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(5)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(6)

Short-term rental units as regulated by section 24-337.

(7)

Adaptive reuse projects as regulated by section 24-341.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 1-25-2022(3), Att. 1; Ord. of 5-24-2022; Ord. of 6-21-2022(1), Att. A; Ord. of 1-24-2023(1), Att. 1; Ord. of 2-25-2025(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the RR district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the RR district.

(d)

Front yard regulations. There shall be a front yard setback in the RR district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. No building hereafter erected or structurally altered in the RR district shall exceed two and one-half stories or 35 feet in height. Accessory buildings sidewall dimensions must not exceed 16 feet in height.

(f)

Impervious surfaces of lot. Not more than 40 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every newly created lot or tract of land with an existing dwelling, or on which a dwelling is to be erected, in the RR district shall contain a contiguous buildable area of not less than one acre.

(h)

Lot coverage. Not more than 25 percent of the lot area in the RR district shall be covered by buildings. Not more than 25 percent of the lot area in the RR district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the RR district shall have at least 125 feet of frontage adjacent to a public road.

(j)

[Reserved.]

(k)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the RR district.

(l)

Rear yard regulations. There shall be a rear yard of not less than 30 feet to the dwelling or primary building in the RR district. There shall be a rear yard of not less than ten feet for a detached accessory building in the RR district.

(m)

Setback from feedlots. Residential dwellings in the RR district shall set back as specified in chapter 6, article II, the Blue Earth County Livestock Manure Management Ordinance.

(n)

Side yard regulations. There shall be a side yard of not less than 15 feet on each side of a dwelling in the RR district. There shall be a side yard of not less than ten feet for a detached accessory building in the RR district.

(o)

Special regulations. Buildings and facilities owned and operated by a governmental agency for a public purpose, and public and private schools must maintain a minimum setback of 50 feet to any lot line.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

(a)

Multiple residential densities. The RT district is established to allow a variety of residential densities in townsites, as delineated by the map, or other urbanized areas which are not statutory or home rule cities.

(b)

Density control. Residential density in the RT district is controlled inherently by the bulk requirements of the district.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted in the RT district:

(1)

Accessory buildings which incidental to the uses in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Churches/houses of worship.

(4)

Essential services.

(5)

Existing agriculture and incidental agriculture related uses, including farm dwellings, and agricultural buildings, but excluding confined feedlots.

(6)

Flood control and watershed structures.

(7)

Golf courses, except clubhouses.

(8)

Noncommercial wind energy conversion systems as regulated in section 24-333.

(9)

Nursing home.

(10)

Parks, recreational areas, wildlife areas, game refuges and forest preserves owned by governmental agencies.

(11)

Private swimming pools when completely enclosed within a chainlink or similar security fence at least six feet high.

(12)

Public and private schools.

(13)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(14)

Seasonal produce sale stands as regulated in section 24-332.

(15)

Single-family dwellings.

(16)

Two-family dwellings.

(17)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(18)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(19)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(20)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(b)

Conditional uses. The following uses may be allowed in the RT district, subject to the provisions of article II of this chapter:

(1)

Cemeteries and/or memorial gardens, subject to performance standards contained in section 24-340.

(2)

Conversion of existing common interest communities, resorts, manufactured home parks, and other similar pre-zoning ordinance nonconforming developments pursuant to Minn. Stats. chs. 515A, 515B and 327C, where applicable, and requirements of sections 24-354 and 24-47(3).

(3)

Golf club houses.

(4)

Manufactured home parks containing manufactured homes constructed and installed according to requirements of Minn. Stats. §§ 327.31—327.35 (Minnesota Manufactured Home Building Code), connected to municipal water and sewer, and as regulated in section 24-308.

(5)

Buildings and facilities owned and operated by a governmental agency for a public purpose when served by municipal services. If not served by municipal services, a condition must be placed on the conditional use permit to adequately address the eventual connection to municipal services when they become physically possible and cost-effective.

(6)

Planned unit development as regulated in article V of this chapter.

(7)

Railroad rights-of-way, but not including railroad yards.

(8)

Townhalls and associated accessory buildings.

(9)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted and conditional uses listed in subsections (a) and (b) of this section.

(c)

Interim uses. The following uses may be allowed in the RT district as an interim use, subject to the provisions of article II of this chapter:

(1)

Level I home occupations as regulated in section 24-326.

(2)

Multiple-family dwellings.

(3)

Public swimming pools, when completely enclosed by a chain link or similar security fence at least six feet in height.

(4)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(5)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(6)

Short-term rental units as regulated by section 24-337.

(7)

Adaptive reuse projects as regulated by section 24-341.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 1-25-2022(3), Att. 1; Ord. of 5-24-2022; Ord. of 6-21-2022(1), Att. A; Ord. of 1-24-2023(1), Att. 1; Ord. of 2-25-2025(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the RT district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the RT district.

(d)

Front yard regulations. There shall be a front yard setback in the RT district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. No building hereafter erected or structurally altered in the RT district shall exceed two and one-half stories or 35 feet in height. Accessory buildings sidewall dimensions must not exceed 16 feet in height.

(f)

Impervious surfaces of lot. Not more than 45 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every newly created lot or tract of land with an existing dwelling, or on which a dwelling is to be erected, in the RT district shall contain a contiguous buildable area of not less than one acre.

(h)

Lot coverage. Not more than 30 percent of the lot area in the RT district shall be covered by buildings. Not more than 30 percent of the lot area in the RT district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the RT district shall have at least 125 feet of frontage adjacent to a public road.

(j)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the RT district.

(k)

Rear yard regulations. There shall be a rear yard of not less than 30 feet for a dwelling or primary building in the RT district. There shall be a rear yard of not less than five feet for a detached accessory building in the RT district.

(l)

Setback from feedlots. Residential dwellings in the RT district shall set back as specified in chapter 6, article II, the Blue Earth County Livestock Manure Management Ordinance.

(m)

Side yard regulations. There shall be a side yard of not less than ten feet on each side of a dwelling or primary building in the RT district. There shall be a side yard of not less than five feet for a detached accessory building in the RT district.

(n)

Special regulations. Buildings and facilities owned and operated by a governmental agency for a public purpose, public and private schools, and public swimming pools must maintain a minimum setback of 50 feet to any lot line.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

The GB district is intended to provide a district which will allow retail, service and general commercial uses in the small unincorporated urban communities in the county provided these uses can be reasonably accommodated by on-site sewage treatment services as approved by the county environmental services department.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted within the GB district, provided that they do not fall within the definition of adult uses listed in section 4-34 of this Code:

(1)

Accessory buildings which are incidental to the uses in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Advertising, outdoor devices as regulated in section 24-311.

(4)

Antique store.

(5)

Apparel and accessory store.

(6)

Appliance store, sales and service.

(7)

Art supply store.

(8)

Art gallery.

(9)

Artist studio or school.

(10)

Bakery retail.

(11)

Bank, including drive-in bank.

(12)

Bookstore.

(13)

Business machines store.

(14)

Camera and photographic supply store.

(15)

Convenience store.

(16)

Delicatessen store.

(17)

Dressmaking, seamstress.

(18)

Drugstore.

(19)

Essential services.

(20)

Floral sales.

(21)

Furniture store and home furnishings.

(22)

Garden supplies store.

(23)

Gift, novelty or souvenir store.

(24)

Buildings and facilities owned and operated by a governmental agency for a public purpose when served by municipal services. If not served by municipal services, a condition must be placed on the conditional use permit to adequately address the eventual connection to municipal services when they become physically possible and cost-effective.

(25)

Grocery store.

(26)

Hardware store.

(27)

Health equipment store.

(28)

Hobby shop.

(29)

Interior decorator.

(30)

Jewelry store.

(31)

Liquor store (off sale).

(32)

Locksmith.

(33)

Luggage store.

(34)

Music store, accessories and studio.

(35)

Office of any type.

(36)

Optician.

(37)

Optical goods.

(38)

Paint and wallpaper store.

(39)

Repair, rental and servicing of any article if the sale is permitted in this GB district.

(40)

Reception/banquet/meeting halls or facilities as regulated in section 24-331.

(41)

Shoe repair.

(42)

Sporting goods store.

(43)

Stationery store.

(44)

Tailor.

(45)

Telephone exchange.

(46)

Toy store.

(47)

Travel bureau or agency.

(48)

Variety store.

(49)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(50)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted.

(51)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(52)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(53)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(54)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(55)

Townhalls and associated accessory buildings.

(b)

Conditional uses. The following uses may be allowed as conditional uses in the GB district, subject to the provisions of article II of this chapter:

(1)

Any permitted use which generates hazardous byproducts and is not generally considered to be detrimental to adjacent land uses.

(2)

Other uses deemed by the planning agency to be of the same general character as those listed as conditional uses.

(c)

Interim uses. The following uses may be allowed as interim uses in the GB district, subject to the provisions of article II of this chapter:

(1)

Bar, including lounges, nightclubs, on-sale liquor establishments.

(2)

Barbershop and beauty shop.

(3)

Gas station or garage.

(4)

Laundromat.

(5)

Meat markets and frozen food lockers.

(6)

Service stations (automobile) and convenience stores with accessory retail sales of gasoline and diesel fuel.

(7)

Restaurant, cafe or tavern.

(8)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(9)

Self-service storage facilities (mini-storage) as regulated in section 24-335.

(10)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(11)

Cannabis retail businesses.

(12)

Adaptive reuse projects as regulated by section 24-341.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 8-25-2020(2); Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 5-24-2022; Ord. of 1-24-2023(1), Att. 1; Ord. of 11-19-2024(1), Att. 1; Ord. of 2-25-2025(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the GB district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the GB district.

(d)

Front yard regulations. There shall be a front yard setback in the GB district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. No building in the GB district shall hereafter be erected or structurally altered to exceed 35 feet in height.

(f)

Impervious surfaces of lot. Not more than 65 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every lot or tract in the GB district shall have an area of not less than one-half acre. Every lot or tract in the GB district shall have an area of not less than one-half acre.

(h)

Lot coverage regulations. Not more than 50 percent of the lot area in the GB district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the GB district shall have at least 100 feet of frontage adjacent to a public road.

(j)

Lot width and depth regulations. Every lot or tract in the GB district shall be at least 100 feet wide at the front property line and shall not be less than 100 feet in depth.

(k)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the GB district.

(l)

Rear yard regulations. No rear yard is required in the GB district, except where a building abuts the lot line of any residence district; then a 15-foot side yard setback is required.

(m)

Side yard regulations. No side yard is required in the GB district, except where a building abuts the lot line of any residence district; then a 15-foot side yard setback is required.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

(a)

Promote development with high volumes of traffic. The HB district is designed and intended to promote the development of uses which require large concentrations of automobile traffic, provided these uses can be reasonably accommodated by on-site sewage treatment services as approved by the county environmental services department.

(b)

Accommodate multiple commercial activities. The HB district is also designed to accommodate those commercial activities whose service are not confined to any one neighborhood or community and which may be incompatible with the predominantly retail uses permitted in other business districts.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses shall be permitted within the HB district, provided that they do not fall within the definitions of adult uses, as listed in section 4-34 of this Code:

(1)

Accessory buildings which are incidental to the uses listed in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Advertising. Outdoor devices as regulated in section 24-311.

(4)

Any permitted use in the GB district.

(5)

Building materials, lumberyards.

(6)

Convenience stores.

(7)

Frozen food lockers.

(8)

Manufactured home or trailer sales.

(9)

Noncommercial wind energy conversion system as regulated in section 24-333.

(10)

Sign contractor.

(11)

Upholstery shop.

(12)

Veterinarians, including observation kennels for household pets; provided, however, that all such kennels are located within enclosed structures.

(13)

Warehousing.

(14)

Wholesaling.

(15)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(16)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted.

(17)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(18)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(19)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(20)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(b)

Conditional uses. The following uses may be allowed in the HB district, subject to the provisions of article II of this chapter:

(1)

Any conditional use in the GB district.

(2)

Compost facilities as regulated by state and county regulations.

(3)

Source-separated organic material compost facilities as regulated by state and county regulations.

(4)

Recycling facilities as regulated by state and county regulations.

(5)

Solid waste transfer facilities as regulated by state and county regulations.

(c)

Interim uses. The following uses may be allowed as interim uses in the HB district, subject to the provisions of article II of this chapter:

(1)

Adult uses, as defined in and subject to all provisions of article II of chapter 4 of this Code.

(2)

Any interim use in the GB district.

(3)

Any permitted use which generates hazardous byproducts and is not generally considered to be detrimental to adjacent land uses.

(4)

Auto sales and service.

(5)

Bulk fuel sales and storage facilities.

(6)

Farm implement sales, repair and storage.

(7)

Indoor firing ranges, subject to performance standards contained in section 24-327.

(8)

Marine sales and service.

(9)

Nursery, retail.

(10)

Service stations (automobile) and convenience stores with accessory retail sales of gasoline and diesel fuel.

(11)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(12)

Other uses deemed by the planning agency to be of the same general character as those listed as interim uses.

(13)

Self-service storage facilities (mini-storage) as regulated in section 24-335.

(14)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(15)

Cannabis retail businesses.

(16)

Adaptive reuse projects as regulated by section 24-341.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 8-25-2020(2); Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 5-24-2022; Ord. of 11-19-2024(1), Att. 1; Ord. of 2-25-2025(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the HB district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the HB district.

(d)

Front yard regulations. There shall be a front yard setback in the HB district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. There are no height regulations in the HB district, except where hazardous conditions may exist (e.g., Airport Safety Zones).

(f)

Impervious surfaces of lot. Not more than 65 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every lot or tract in the HB district shall have an area of not less than one-half acre.

(h)

Lot coverage regulations. Not more than 50 percent of the lot area in the HB district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the HB district shall have at least 150 feet of frontage adjacent to a public road.

(j)

Lot width and depth regulations. Every lot or tract in the HB district shall be at least 150 feet wide at the front property line and shall not be less than 150 feet deep.

(k)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the HB district.

(l)

Rear yard regulations. There shall be a rear yard of not less than 15 feet in the HB district, except that no building shall be located within 50 feet of any rear lot line abutting a lot in any of the classes of residence districts.

(m)

Side yard regulations. There shall be a side yard of not less than 15 feet on each side of a building in the HB district, except that no building shall be located within 50 feet of any rear lot line abutting a lot in any of the classes of residence districts.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

The LI district is intended to provide a district that will allow light industrial development in diverse locations throughout the county. The uses are limited to wholesaling, light manufacturing, service and related uses which can be carried on in an unobtrusive manner and which would not be considered detrimental to an adjacent lower intensity district, provided these uses can be reasonably accommodated by on-site sewage treatment services as approved by the county environmental services department.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted within the LI district if they do not generate hazardous byproducts and are not generally considered to be detrimental to adjacent residential and business districts:

(1)

Accessory buildings which are incidental to the uses in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Advertising, outdoor devices as regulated in section 24-311.

(4)

Bottling establishments.

(5)

Building materials sales and storage.

(6)

Cartage and express facilities.

(7)

Farm implement sales and storage.

(8)

General light manufacturing, assembly plants and facilities.

(9)

Mail order houses.

(10)

Noncommercial wind energy conversion system as regulated in section 24-333.

(11)

Warehousing and storage facilities.

(12)

Welding supply.

(13)

Wholesale business facilities.

(14)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(15)

Other uses clearly similar to uses permitted in this LI district.

(16)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(17)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(18)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(19)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(20)

Essential services.

(b)

Conditional uses. The following uses have the potential to generate hazardous byproducts or may be detrimental to adjacent uses. These uses may be allowed in the LI district as a conditional use, subject to the provisions of article II of this chapter, if the hazardous byproducts are controlled and/or activities that are generally considered to be detrimental to adjacent uses are addressed:

(1)

Antennas for radio, television, and broadcasting studios and facilities.

(2)

Broadcasting, cellular telecommunication and personal communication services towers and facilities, subject to performance standards contained in section 24-323.

(3)

Bulk fuel sales and storage facilities, but not the collection, storage or processing of waste, used or recyclable petroleum products.

(4)

Commercial wind energy conversion system as regulated by section 24-333.

(5)

Service stations (automobile) and convenience stores with accessory retail sales of gasoline and diesel fuel.

(6)

Electrical products, manufacture and assembly.

(7)

Electrical substations.

(8)

Grain elevators and feed mills.

(9)

Compost facilities as regulated by state and county regulations.

(10)

Source-separated organic material compost facilities as regulated by state and county regulations.

(11)

Recycling facilities as regulated by state and county regulations.

(12)

Solid waste transfer facilities as regulated by state and county regulations.

(13)

Buildings and facilities owned and operated by a governmental agency for a public purpose when served by municipal services. If not served by municipal services, a condition must be placed on the conditional use permit to adequately address the eventual connection to municipal services when they become physically possible and cost-effective.

(14)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted and conditional uses listed in subsections (a) and (b) of this section.

(c)

Interim uses. The following uses have the potential to generate hazardous byproducts or may be detrimental to adjacent uses. These uses may be allowed in the LI district as an interim use, subject to the provisions of article II of this chapter, if the hazardous byproducts are controlled and/or activities that are generally considered to be detrimental to adjacent uses are addressed:

(1)

Adult uses, as defined in, and subject to, all provisions of article II of chapter 4 of this Code.

(2)

Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products similar to those listed as permitted or conditional uses which conform with the performance standards of this LI district.

(3)

Any permitted use which generates hazardous waste byproducts.

(4)

Automotive, truck and other internal combustion engine equipment repair.

(5)

Cabinet and woodworking establishments.

(6)

Cold storage plants.

(7)

Reserved.

(8)

Indoor firing ranges, subject to performance standards contained in section 24-327.

(9)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(10)

Other uses deemed by the planning agency to be of the same general character as those listed as interim uses listed in subsection (c) of this section.

(11)

Self-service storage facilities (mini-storage) as regulated in section 24-335.

(12)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(13)

Cannabis cultivation.

(14)

Cannabis manufacturer businesses.

(15)

Hemp manufacturer.

(16)

Wholesale cannabis businesses.

(17)

Cannabis transportation businesses.

(18)

Cannabis delivery businesses.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 8-25-2020(2); Ord. of 8-24-2021(2), Att. A; Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 5-24-2022; Ord. of 1-24-2023(1), Att. 1; Ord. of 11-19-2024(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the LI district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the LI district.

(d)

Front yard regulations. There shall be a front yard setback in the LI district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. There are no height regulations in the LI district, except where hazardous conditions may exist (e.g., Airport Safety Zones).

(f)

Impervious surfaces of lot. Not more than 55 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every lot or tract in the LI district shall have an area of not less than one acre.

(h)

Lot coverage regulations. Not more than 40 percent of the lot area in the LI district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the LI district shall have at least 150 feet of frontage adjacent to a public road.

(j)

Lot width and depth regulations. Every lot or tract in the LI district shall be at least 150 feet wide at the front property line and shall not be less than 150 feet deep.

(k)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the LI district.

(l)

Rear yard regulations. There shall be a rear yard of not less than 15 feet in the LI district, except that no building shall be located within 50 feet of any rear lot line abutting a lot in any of the classes of residence districts.

(m)

Side yard regulations. There shall be a side yard of not less than 15 feet on each side of a building in the LI district, except that no building shall be located within 50 feet of any side lot line abutting a lot in any of the classes of residence districts.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)

The HI district is intended to provide a district which will allow heavy industrial uses which, due to their size and nature, would not be compatible with general rural development patterns of the county, provided these uses can be reasonably accommodated by on-site sewage treatment services as approved by the county environmental services department.

(Ord. of 2-28-2012)

(a)

Permitted uses. The following uses are permitted within the HI district if they do not generate hazardous byproducts and are not generally considered to be detrimental to adjacent land uses:

(1)

Accessory buildings which are incidental to the uses in subsections (a), (b), and (c) of this section.

(2)

Accessory uses which are incidental to the permitted, conditional and interim uses listed in subsections (a), (b), and (c) of this section.

(3)

Any heavy industrial use that does not generate hazardous byproducts and is not generally considered detrimental to adjacent land uses.

(4)

Any permitted use in the LI district.

(5)

Noncommercial wind energy conversion system.

(6)

Retail and service business establishments related to the operation of an industry district that does not generate hazardous byproducts and is not generally considered detrimental to adjacent land uses.

(7)

Small solar energy systems. Small solar energy systems are not allowed in floodplains.

(8)

Liquid propane storage tanks capable of holding 10,000 gallons or larger.

(9)

Removing or filling up to 50 cubic yards of fill that is not in connection with another permitted, conditional, or interim use shall be reviewed by the planning agency.

(10)

Removing, cutting, stockpiling, or filling more than 50 cubic yards or disturbing one acre or more of land outside of a public right-of-way for township, county, state, or federal road projects shall be reviewed by the planning agency. The requirements and standards in section 6-674 shall be met.

(11)

Water control structures, ravine stabilization projects, or bluff stabilization projects, provided that the project is designed and approved by the Soil and Water Conservation District, South Central Technical Service Area, and/or Natural Resources Conservation Service.

(b)

Conditional uses. The following conditional uses have the potential to generate hazardous byproducts or may be detrimental to adjacent uses. These uses may be allowed in the HI district, if the hazardous byproducts are controlled and activities that are generally considered to be detrimental to adjacent uses are addressed:

(1)

Any conditional use in the LI district.

(2)

Any other heavy industrial use that does not generate uncontrolled hazardous byproducts and which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or because of subjection of life, health or property to hazard.

(3)

Cement, lime, gypsum or plaster of paris manufacture.

(4)

Commercial wind energy conversion system as regulated in section 24-333.

(5)

Distillation operations.

(6)

Ethanol plant or alternative energy production plants.

(7)

Fertilizer manufacture.

(8)

Gas, illuminating or heating, manufacture.

(9)

Planned industrial parks.

(10)

Rendering plants.

(11)

Compost facilities as regulated by state and county regulations.

(12)

Source-separated organic material compost facilities as regulated by state and county regulations.

(13)

Recycling facilities as regulated by state and county regulations.

(14)

Solid waste transfer facilities as regulated by state and county regulations.

(15)

Land disposal facilities or solid waste landfills as regulated by state and county regulations.

(16)

Demolition debris land disposal facilities as regulated by state and county regulations.

(17)

Municipal solid waste combustor ash land disposal facilities as regulated by state and county regulations.

(18)

Other uses deemed by the planning agency to be of the same general character as those listed as permitted and conditional uses listed in subsections (a) and (b) of this section.

(c)

Interim uses. The following interim uses have the potential to generate hazardous byproducts or may be detrimental to adjacent uses. These uses may be allowed in the HI district, if the hazardous byproducts are controlled and activities that are generally considered to be detrimental to adjacent uses are addressed:

(1)

Any interim use in the LI district.

(2)

Extraction of minerals, associated mining and processing activities as regulated in section 24-329.

(3)

Junkyards and salvage yards.

(4)

Large solar energy systems. Large solar energy systems are not allowed in floodplains.

(5)

Other uses deemed by the planning agency to be of the same general character as those listed as interim uses listed in subsections (c) of this section.

(6)

Removing, cutting, stockpiling, or filling more than 50 cubic yards of earthen material that are not in connection with another permitted, conditional, or interim use.

(7)

Cannabis cultivation.

(8)

Cannabis manufacturer businesses.

(9)

Hemp manufacturer.

(10)

Wholesale cannabis businesses.

(11)

Cannabis transportation businesses.

(12)

Cannabis delivery businesses.

(Ord. of 2-28-2012; Ord. of 2-16-2016; Ord. of 8-25-2020(1); Ord. of 8-24-2021(2), Att. A; Ord. of 1-25-2022(1), Att. 1; Ord. of 1-25-2022(2), Att. A; Ord. of 5-24-2022; Ord. of 11-19-2024(1), Att. 1)

(a)

Access/driveway. The property shall obtain approval from the applicable road authority for proposed access/driveways.

(b)

Bluff setback. There shall be a bluff setback in the HI district of not less than 30 feet from the top of the bluff and five feet from the toe of the bluff. If the adjacent bluff is actively eroding, the setback shall be subject to the requirements of section 24-304.

(c)

County ditch setback. There shall be a setback of not less than 75 feet from the crown of all open county ditches or from the center of all sub-surface county drain tile to any building in the HI district.

(d)

Front yard regulations. There shall be a front yard setback in the HI district of not less than 130 feet from the centerline of all federal, state, county and county-state aid highways, except for divided highways which shall be 100 feet from the highway right-of-way line. There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way and private roads. There shall be a front yard setback of not less than 32 feet, measured from the property line (exterior radius) of a cul-de-sac. Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback from each road or highway abutting the corner lot.

(1)

Variances from the required front yard setback will not be required under the following circumstances: Any construction on a developed property must not encroach closer to the centerline of the road than an existing structure on that property. New structures being proposed on a vacant piece of property must not be constructed closer to the roadway centerline than existing structures on properties immediately adjacent to either side of the vacant property. Planning and zoning staff may require verification from the county engineer that proposed construction will not create hazards to the traveling public before issuing a construction permit as outlined in this section.

(2)

A variance will be required if any construction is proposed closer to the centerline of an existing road than adjacent properties except as permitted in this section.

(e)

Height regulations. There are no height regulations in the HI district, except where hazardous conditions may exist (e.g., Airport Safety Zones).

(f)

Impervious surfaces of lot. Not more than 55 percent of the lot area shall be covered by impervious surfaces.

(g)

Lot area regulations. Every lot or tract in the HI district shall have an area of not less than one acre.

(h)

Lot coverage regulations. Not more than 40 percent of the lot area in the HI district shall be covered by buildings.

(i)

Lot frontage. All newly created lots or tracts in the HI district shall have at least 150 feet of frontage adjacent to a public road.

(j)

Lot width and depth regulations. Every lot or tract in the HI district shall be at least 150 feet wide at the front property line and shall not be less than 150 feet deep.

(k)

Railroad right-of-way setback. There shall be a setback of not less than 50 feet from the edge of a railroad right-of-way to any building in the HI district.

(l)

Rear yard regulations. There shall be a rear yard of not less than 15 feet in the HI district, except that no building shall be located within 50 feet of any rear lot line abutting a lot in any of the classes of residence districts.

(m)

Side yard regulations. There shall be a side yard of not less than 15 feet on each side of a building in the HI district, except that no building shall be located within 50 feet of any side lot line abutting a lot in any of the classes of residence districts.

(Ord. of 2-28-2012; Ord. of 9-22-2020(1); Ord. of 1-24-2023(3), Att. 1)