Silver Creek Township Wright County
City Zoning Code
City Zoning Code
PERFORMANCE STANDARDS
§ 155.075 PURPOSE.
(A) The performance standards established in this subchapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight. All future development in all districts shall be required to meet these standards. The standards shall also apply to existing development where so stated. The County Board shall be responsible for enforcing the standards.
(B) (1) Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The developer or land owners shall supply data necessary to demonstrate such conformance.
(2) Such data may include description of equipment to be used, hours of operation, method of refuse disposal and type and location of exterior storage.
§ 155.076 EXTERIOR STORAGE.
(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 36 hours) being used on the premises; agricultural equipment and materials if these are used or intended for use on the premises; off-street parking of licensed and operable passenger automobiles and pick-up trucks. Personal boats and unoccupied trailers, less than 20 feet in length and a licensed recreational vehicle less than 40 feet in length, are permissible if stored in the rear yard more than ten feet from the property line. Existing uses shall comply with this provision within 12 months following enactment of this chapter.
(B) In all districts, the County Board may require an interim use permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, convenience, morals or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes threat to living amenities.
(Ord. 23-1, passed 5-2-2023)
§ 155.077 REFUSE.
(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. Existing uses shall comply with this provision within six months following enactment of this chapter.
(B) Except as provided below or specifically permitted, outdoor storage of inoperative or unlicensed vehicles, boats, recreational vehicles, farm implements and other machinery or vehicle parts shall be considered refuse. One unlicensed or inoperative passenger vehicle or truck may be parked within setbacks in the rear yard of any residential district or any lot ten acres or less in size for a period not to exceed 30 days; INOPERATIVE shall mean incapable of movement under their own power and in need of repairs or junk yard. In the Agricultural District, on lots larger than ten acres in size, exterior storage of not more than two unlicensed or inoperable vehicles or machines shall be permitted provided no repair or dismantling business takes place and the storage area is completely screened and not visible from any other property or public road at all times of the year. All exterior storage not included as a permitted accessory use, a permitted use or included as part of a conditional or interim use permit, or otherwise permitted by provisions of this chapter shall be considered as refuse.
(Ord. 23-1, passed 5-2-2023)
§ 155.078 SCREENING AND FENCES.
(A) Screening shall be required in residential zones where:
(1) Any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential zone; and
(2) The driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential use or zone.
(B) Where any business (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 Zoning Administrator).
(C) 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.
(D) (1) The screening required in this section may consist of a fence, trees, shrubs and berms not less than five feet high, but shall not extend within 15 feet of any street or driveway.
(2) 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 pavement. The screening shall not block direction vision.
(3) Planting of a type approved by the Planning Commission may also be required in addition to or in lieu of fencing.
(E) Fences which impede visual sight lines in anyway shall not encroach closer to any shoreline than the principal building setback. Electrified or barbed fences shall be prohibited in residential districts. Electrified fences used as an accessory to permitted agricultural uses are allowed. Swimming pools with a capacity exceeding 5,000 gallons shall be surrounded by a fence at least four feet in height with a self-latching gate or a power safety cover complying with ASTM F 1346.
(Ord. passed 12-1-2015)
§ 155.079 LANDSCAPING MAINTENANCE.
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.
§ 155.080 GLARE.
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. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property.
§ 155.081 PARKING.
(A) Surfacing and drainage. Off-street parking areas shall be improved with a durable and dustless surface which may include an aggregate material or similar treatment. Such areas shall be so graded and drained as to dispose of all surface water without damage to adjoining property. These requirements shall also apply to open sales lots. The Planning Commission may require the use of asphalt, concrete or other aggregate material as part of a conditional or interim use permit.
(B) Location. All accessory off-street parking facilities required herein shall be located as follows:
(1) Spaces accessory to one- and two-family dwellings on the same lot as the principal use served;
(2) Spaces accessory to multiple-family dwellings on the same lot as the principle use served or within 200 feet of the main entrance to the principal building served;
(3) Spaces accessory to uses located in a business, within 800 feet of a main entrance to the principal building served;
(4) There shall be no off-street parking space within five feet of any street right-of-way; and
(5) No off-street open parking area containing more than four parking spaces shall be located closer than five feet from an adjacent lot zoned or used for residential purposes.
(C) General provisions.
(1) General. Access drives may be placed adjacent to property lines; except that, drives consisting of crushed rock or other non-finished surfacing shall be no closer than one foot to any side or rear lot line.
(2) Parking spaces. Each parking space shall not be less than nine feet wide and 20 feet in length exclusive of an adequately designed system of access drives.
(3) Control of off-street parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the county requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.
(4) Use of parking area. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent.
(D) Design and maintenance of off-street parking areas.
(1) General. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed 22 feet in width and shall be so located as to cause the least interference with traffic movement.
(2) Signs. No signs shall be located in any parking area, except as necessary for orderly operation of traffic movement and such signs shall not be a part of the permitted advertising space.
(3) Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than three feet from the side property line or a guard of normal bumper height not less than one foot from the side property line. When said area is for six spaces or more, a curb or fence not over five feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the sidewalk and curb or fence.
(4) Parking space for six or more cars. When a required off-street parking space for six cars or more is located adjacent to a Residential District, a fence of adequate design, not over five feet in height, nor less than four feet in height, shall be erected along the Residential District property line.
(5) Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and/or building to maintain, in a neat and adequate manner, the parking space, access ways, landscaping and required fences.
(6) Determination of areas. A parking space shall not be less than 300 square feet per vehicle of standing and maneuvering area.
(E) Other parking in residential areas. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. Except for short-term parking (six hours or less) and guest parking, the number of vehicles parked on or in front of a residential lot shall not exceed double the number of persons residing on the premises and having automobile driver’s licenses.
(F) Off-street spaces required. (One space equals 300 square feet.)
Automobile service station | At least 2 off-street parking spaces, plus 4 off-street parking spaces for each service stall |
Bowling alley | At least 5 parking spaces for each alley, plus additional spaces as may be required herein related uses such as restaurant, plus 1 additional space for each employee |
Business and professional offices | 1 space for each 400 square feet of gross floor space |
Churches, theaters, auditoriums and other places of assembly | 1 space for each 3 seats or for each 5 feet of pew length; based upon maximum design capacity. |
Drive-in food | At least 1 parking space for each 15 establishment square feet of gross floor space in building allocated to drive-in operation |
Hospital | At least 1 parking space for each 3 hospital beds, plus 1 space for each 4 employees, other than doctors, plus 1 parking space for each resident and regular staff doctor |
Hotel or motel | 1 space per rental unit, plus 1 space per employee |
Medical and dental clinics | 5 spaces per doctor or dentist, plus 1 space for each employee |
Multiple dwellings | 2 spaces per dwelling unit |
One- and two-family residences | 2 spaces per dwelling unit |
Restaurants, cafés, bars, taverns, nightclubs | At least 1 space for each 3 seats based on capacity designs |
Retail store | At least 1 off-street parking space for each 150 square feet of gross floor area |
Schools | At least 1 parking space for each 4 students based on design capacity, plus 1 additional space for each classroom |
Uses not specifically noted | As determined by the governing body following review by the Planning Commission |
(Ord. 18-4, passed 6-19-2018; Ord. 19-6, passed 11-19-2019; Ord. 23-1, passed 5-2-2023)
§ 155.082 TRAFFIC CONTROL.
(A) The traffic generated by any use shall be channelized and controlled in a manner that will avoid:
(1) Congestion on the public streets;
(2) Traffic hazards; and
(3) Excessive traffic through residential areas, particularly truck traffic.
(B) Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall in all cases be forward moving with no backing into streets. On corner lots, (including rural areas) no structures shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersecting street from a distance of 50 feet from the intersection of the right-of-way lines.
§ 155.083 TREES AND WOODLAND PRESERVATION.
(A) General. The following restrictions shall apply to all residential development occurring in a wooded area.
(1) Structures shall be located in such a manner that the maximum number of trees shall be preserved.
(2) Prior to the granting of a building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site and that if trees are cut, he or she will restore the density of trees to that which existed before development, but in no case shall he be compelled to raise the density above in ten trees per acre.
(3) Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape.
(4) Development including grading and contouring shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering equal to one-half the crown area.
(B) Shoreland areas. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Clear-cutting shall be prohibited in the shore and bluff impact zones.
(C) Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards:
(1) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the state’s Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.
(2) When not part of a conditional or interim use permit otherwise required, forest land conversion to another use require issuance of an interim use permit and adherence to the following standards:
(a) Shore and bluff impact zones must not be intensively cleared of vegetation; and
(b) An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of an interim use permit for the conversion.
(3) Use of fertilizer, pesticides or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
(Ord. 23-1, passed 5-2-2023)
§ 155.084 SOIL EROSION AND SEDIMENT CONTROL.
The following standards shall apply to all development and activity that necessitates the grading, stripping, cutting, filling or exposure of soils.
(A) General standards.
(1) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.
(2) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion.
(3) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.
(4) The drainage system shall be constructed and operational as quickly as possible during construction.
(5) Whenever possible, natural vegetation shall be retained and protected.
(6) If it is necessary to remove top soil from a site being graded or excavated, sufficient top soil shall be hauled back upon completion of the activity to cover the area to a depth of four inches. The top soils hauled in and spread on the disturbed area shall be of a quality at least equal to the top soil removed from the site.
(7) When soil is exposed, the exposure shall be for the shortest feasible period of time. No exposure shall be planned to exceed 60 days. Said time period shall be extended only if the Planning Department is satisfied that adequate measures have been established and will remain in place.
(8) The natural drainage system shall be used as far as is feasible for the storage and flow of runoff. Storm water drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of storm water to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for storm water shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flows, erosion damage and construction costs.
(B) Exposed slopes. The following control measures shall be taken to control erosion during construction.
(1) No exposed slope should be steeper in grade than five feet horizontal to one foot vertical.
(2) Exposed slopes steeper in grade than ten feet horizontal to one foot vertical should be contour plowed to minimize direct runoff of water.
(3) At the foot of each exposed slope, a channel and berm should be constructed to control runoff. The channelized water should be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.
(4) Along the top of each exposed slope, a berm should be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures should consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dissipator should be installed to prevent erosion at the discharge end.
(5) Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils material, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with liquid asphalt, stakes and netting or should be worked into the soil to provide additional slope stability.
(6) Control measures, other than those specifically stated above, may be used in place of the above measures if it can be demonstrated that they will as effectively protect exposed slopes.
(C) Design standards. When constructed facilities are used for storm water management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
(1) Waterways.
(a) The use of the natural above ground drainage system to dispose of runoff should be strongly encouraged. Storm sewers should only be used where it can be demonstrated that the use of the above ground natural drainage system will not adequately dispose of runoff. Above ground runoff disposal waterways may be constructed to augment the natural drainage system. To the extent possible, the natural and constructed waterways should be coordinated with an open space trail system.
(b) The widths of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten-inch storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.
(c) No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.
(d) The banks of the waterway shall be protected with a permanent turf vegetation.
(e) The banks of the waterway shall not exceed five feet horizontal to one foot vertical in gradient.
(f) The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.
(g) The bed to the waterway shall be protected with turf, sod or concrete. If turf or sod will not function properly, rip rap may be used. Rip rap shall consist of quarried limestone, fieldstone (if random rip rap is used) or construction materials; provided, said construction materials are limited to asphalt cement and concrete. The rip rap shall be no smaller than two inches square nor no larger than two feet square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.
(h) If the flow velocity in the waterway is such that erosion of the turf side-wall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the sidewalls. Either gravel or rip rap would be allowed to prevent erosion at these points.
(2) Water velocity.
(a) The flow velocity of runoff in waterways shall be controlled to a velocity that will minimize erosion of the waterway.
(b) Flow velocity should be controlled through the installation of diversions, berms, slope drains and other similarly effective velocity control structures.
(3) Sediment control.
(a) To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed.
(b) Temporary pervious sediment traps could consist of a construction of bales of hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment. Such structures should serve as temporary sediment control features during the construction stage of a development.
(c) Permanent impervious sediment control structures consist of sediment basins (debris basins, desilting basins or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.
(d) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(4) Maintenance of erosion control system.
(a) The erosion and velocity control structures shall be maintained in a condition that will ensure continuous functioning according to the provisions of this chapter.
(b) Sediment basins shall be maintained as the need occurs to ensure continuous desilting action.
(c) The areas utilized for runoff waterways and sediment basins shall not be allowed to exist in an unsightly condition. The banks of the sediment basins and waterways shall be landscaped.
(d) Prior to the approval of any plat for development, the developer shall make provision for continued maintenance on the erosion and sediment control system.
(Ord. 18-4, passed 6-19-2018)
§ 155.085 EXPLOSIVES.
No activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted, except as are specifically licensed by the County Board.
§ 155.086 GUEST HOUSES.
(A) Guest houses, for purpose of this chapter, shall be an accessory building detached from the principal building where accommodations for sleeping are provided, but no kitchen facility provision is made. The use is for persons visiting the occupants of this principal building. Guest houses shall be permitted in all Residential and Agricultural Districts and shall conform to all setback requirements for the principal building. Guest houses shall be located on lots at least 20,000 square feet in area, and no guest house shall be used as rental property.
(B) Only one guest house shall be permitted per parcel of land; providing that, adequate sanitary facilities can be provided and that no guest house shall exceed 750 square feet in total floor area. The Board of Adjustment shall review requests for guest houses on lots with no principal dwelling.
(Ord. 18-2, passed 6-19-2018)
§ 155.087 DRIVE-IN BUSINESS DEVELOPMENT STANDARDS.
The following standards shall apply to drive-in businesses in all districts.
(A) Approved drainage system. The entire area of any drive-in business shall have a drainage system approved by the County Engineer.
(B) Surfaced to control dust and drainage. The entire developed area, other than that occupied by structures or planting, shall be surfaced with a hard surface material which will control dust and drainage.
(C) Fencing and screening. A fence or screen of acceptable design, not over six feet in height or less than four feet, shall be constructed along the property line abutting a Residential District and such fence or screen shall be adequately maintained. The fence shall not be required in front of the setback line.
(D) General.
(1) Any drive-in business serving food or beverages shall also provide, in addition to vehicular service areas, in-door food and beverage service seating area sufficient to accommodate at least 24 customers.
(2) The hours of operation shall be set forth as a condition of the interim use permit for drive-in business.
(3) Each drive-in business serving food may have outside seating.
(4) Each food or beverage drive-in business shall place refuse receptacles at all exits as well as one refuse receptacle per ten vehicle parking spaces within the parking area.
(E) Locations.
(1) No drive-in business shall be located within 400 feet of a public or parochial school, church, public recreation area or any residential district.
(2) No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets.
(3) No drive-in shall be located on any street other than one designated as a thoroughfare or business service road.
(F) Site plan.
(1) The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.
(2) A landscaping plan shall be included and shall set forth complete specifications for plant materials and other features.
(3) Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property at any public street.
(4) The design of any structure shall be compatible with other structures in the surrounding area.
(5) Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within 400 feet from any residentially zoned or used property, nor within 200 feet of any adjacent lot regardless of use or zoning district.
(6) No service shall be rendered, deliveries made or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure.
(7) No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit.
(8) No plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within 50 feet of intersecting street curb lines.
(G) Fence. In the case of a drive-in theater, a solid fence not less than eight feet in height and extending at least to within two feet of the ground shall be constructed around the property.
(H) Lighting. The lighting shall be designed so as to have no direct source of light visible from the public right-of-way or adjacent land in residential use.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.088 NUISANCES.
(A) Nuisance characteristics (non-agricultural uses). 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. These regulations shall not apply to normal farm operations.
(B) Livestock and animals.
(1) All parcels of property shall comply with the regulations and density requirements for livestock and feedlots as regulated in Ch. 152.
(2) Any building or open feedlot enclosure, not to include pastures, in which livestock are kept shall be a distance of 100 feet or more from any other parcel. These regulations shall not apply to normal farm operations which existed prior to the adoption of this chapter; provided, no expansion shall take place, except in accord with these regulations.
(3) In all districts, the manure from livestock and domestic pets shall be properly treated and disposed with best management practices, and not allowed to accumulate in any manner which may cause public health problems.
(4) The County Board may order the owner of any animals to apply for a conditional or interim use permit if it is deemed to be in the interest of the public health, safety or welfare.
(5) Keeping four or more dogs on any parcel for any reason shall be deemed a kennel. Kennels are permitted by interim use in the AG and A/R Districts only.
(C) Miscellaneous nuisances.
(1) It shall be unlawful for any person to store or keep any vehicle of a type requiring a license to operate on the public highway, but, without a current license attached thereto, whether such vehicle be dismantled or not, outside of an enclosed building in residential or agricultural districts, except as provided in § 155.077 of this chapter.
(2) It shall be unlawful to create or maintain a junkyard or vehicle dismantling yard, except as provided herein.
(3) It shall be unlawful to create a nuisance affecting the health, peace or safety of any person.
(4) The following are declared to be nuisances affecting public health or safety:
(a) The effluent from any cesspool, septic tank, drainfield or human sewage disposal system, discharging upon the surface of the ground, or dumping the contents thereof at any place, except as authorized;
(b) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
(c) Carcasses of animals not buried or destroyed or otherwise disposed;
(d) The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any glass, tacks, nails, bottles or other nuisance which may injure any person or animal or damage any pneumatic tire when passing over the same; and
(e) The ownership, possession or control of any unused refrigerator or other container, with doors which fasten automatically when closed of sufficient size to retain any person to be exposed and accessible to the public without removing the doors, lids, hinges or latches or providing locks to prevent access by the public.
(Ord. 16-2, passed ---; Ord. 16-6, passed 10-18-2016; Ord. 23-1, passed 5-2-2023)
§ 155.089 AUTO SERVICE STATIONS.
The following standards shall be applicable to auto and truck service stations in all districts.
(A) (1) A surface water drainage system, subject to approval by the County Engineer, shall be installed.
(2) The developed area site, other than that taken up by a structure or planting, shall be surfaced with concrete or other material approved by the Planning Commission. Pump islands shall not be placed in the required yards. The area around the pump island, to a distance of eight feet on each side, shall be concrete. A box curb not less than six inches above grade shall separate the public right-of-way from the motor vehicle service areas, except at approved entrances and exits. No driveways at a property line shall be less than 50 feet from the intersection of two street right-of-way lines. Each service station shall have at least two driveways with a minimum distance of 170 feet between centerlines when located on the same street.
(B) No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall be parked or be waiting service longer than 15 days. Existing service stations shall comply with this requirement within 45 days of the effective date of this chapter.
(C) Exterior storage besides vehicles shall be limited to service equipment and items offered for sale on pump islands; exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as the racks, metal trays and similar structures designed to display merchandise. Existing service stations shall comply with this requirement within three months of the effective date of this chapter.
(D) All areas utilized for the storage, disposal or burning of trash, debris, discarded parts and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner. Existing service stations shall comply with this requirement within nine months of the effective date of this chapter.
(E) Business activities not listed in the definition of service stations in this chapter are not permitted on the premises of a service station unless an interim use permit is obtained specifically for such business. Such activities include, but are not limited to, the following:
(1) Automatic car and truck wash;
(2) Rental of vehicles, equipment or trailers; and
(3) General retail sales.
(Ord. 23-1, passed 5-2-2023)
§ 155.090 SEWAGE AND WASTEWATER TREATMENT AND DISPOSAL STANDARDS.
(A) Purpose and intent. The purpose of the sewage and wastewater treatment and disposal standards shall be to provide minimum standards for, and regulation of, subsurface sewage treatment systems (SSTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public’s health and safety, and eliminate or prevent the development of public nuisances pursuant to the authority granted under M.S. Ch. 115 and 145A, as they may be amended from time to time, and Minn. Rules Ch. 7080 through 7083, as amended, that may pertain to sewage and wastewater treatment.
(B) General provisions.
(1) Standards adopted by reference. The county hereby adopts, by this reference, Minn. Rules Ch. 7080 and 7081 and M.S. § 115.55, as it may be amended from time to time, along with any future amendments.
(2) License requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on-site subsurface sewage treatment systems without first obtaining a license to perform such tasks from the state’s Pollution Control Agency, except as provided under Minn. Rules part 7083.0700. Only gravity fed Type I systems can be installed by homeowners.
(3) Permits. No person shall install, alter, repair or extend any SSTS in the county without first applying for and obtaining a permit from the Environmental Health Office (EHO) and at the same time paying a fee as listed in the fee schedule determined by the County Board of Commissioners. Maintaining the system as originally designed and installed is excluded from the previous requirements. A permit is required for the conversion of a septic tank to a holding tank. As needed, operating permits and any associated fees will be required by EHO staff when necessary for proper system operation. Staff will notify the permittee of an incomplete application, when the requirements are met a permit will be issued. Such permit shall be valid for a period of 18 months from the date of issuance. A full design must be submitted before a permit for a new or replacement system is approved. When weather does not allow a full site evaluation to be completed, a design of the worst case scenario shall be submitted. Verification is required when weather permits.
(4) Construction inspections. The permittee shall notify the EHO prior to the completion and covering of the SSTS. The installation and construction of the SSTS shall be in accordance with the permit requirements and application design. Inspections will be made at least once during the construction of the SSTS at such time to assure that the system has been constructed per submitted and approved design.
(a) No part of the system shall be covered until it has been inspected and accepted by the Inspector unless prior arrangements have been made.
(b) Proposals to alter the permitted construction shall be reviewed and the proposed change accepted in writing by both the designer and the EHO.
(c) It shall be the responsibility of the property owner or authorized agent to notify the Inspector on the workday preceding the day inspection is desired.
(d) If proper notice is given and the inspector does not appear for an inspection within two hours after the time is set, the permittee may complete the installation. The permittee shall then file a signed as-built, including photographs of the system prior to covering, with the EHO within five working days. The as-built shall include a certified statement that the work was installed in accordance with submitted design and permit conditions and that it was free from defects.
(e) Upon satisfactory completion of the system, the Inspector shall perform a final inspection. If, upon inspection, the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this chapter, the Inspector shall give the applicant written notification describing the defects. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated.
(5) Warranty, guarantee. Neither the issuance of a permit nor the inspection of a system shall constitute any warranty or guarantee of operation of the system.
(6) Permit requests. When either of the following occur the EHO department will review records of the SSTS on the property to determine adequate conformance. Said review may require conformance to Minn. Rules part 7080.2450, subpart 2, and/or require a certification of compliance of the SSTS:
(a) Any time that a permit is applied for in a shoreland management area (1,000 feet of a lake, pond or flowage or 300 feet of a river or stream or the landward extent of a floodplain); or
(b) With the addition of a bedroom on the property.
(7) Separation allowances.
(a) SSTS built after 3-31-1996 or in an SWF area as defined under part Minn. Rules part 7080.1100, subpart 84, shall have three feet vertical separation or a vertical separation based on applicable requirements. Existing systems are allowed up to a 15% reduction from the three-foot required vertical separation distance to account for settling of sand or soil, normal variation of measurement, and interpretations of the limiting layer conditions.
(b) SSTS built before 4-1-1996, in areas that are not SWF areas as defined under Minn. Rules part 7080.1100, subpart 84, must have at least two feet of vertical separation.
(8) Pumping. When conducting compliance inspections and/or designing a replacement SSTS that will use the existing septic/lift tank(s), the tanks(s) shall be pumped by a licensed maintainer and certified. Pumping is not mandatory if documentation exists that the tank has been pumped within the past three years, however this alone does not fulfill the tank certification requirement. In all cases, the tank integrity documentation must be completed and is required at the time of applying for a SSTS permit.
(9) Maintenance holes. With septic tank pumping, the maintenance hole(s) shall be brought to within one foot of finished grade and properly secured as needed. With the pumping, maintaining or certification of a lift tank, the pump riser must be brought to grade.
(10) Abandonment. SSTS must be properly abandoned according to Minn. Rules part 7080.2500.
(a) If the individual abandoning a SSTS is not a licensed SSTS professional, the abandonment must be inspected by a licensed SSTS inspector.
(b) A state abandonment document must be submitted to the local unit of government within 90 days of abandonment.
(11) Failing SSTSs. Failing SSTS must be resolved on the following schedule.
(a) A failing SSTS, as described in Minn. Rules part 7080.1500, subpart 4b, shall be upgraded, replaced or its use discontinued within one year of notice. The Environmental Health Office will give consideration to weather conditions as it establishes compliance dates.
(b) An SSTS posing an imminent threat to public health or safety as described in Minn. Rules part 7080.1500, subpart 4a, shall be abated within ten days of notice. The system shall be upgraded, replaced or repaired or its use discontinued, within six months of notice.
(12) Holding tanks.
(a) Holding tanks shall not be used as a sanitary system for a new residential dwelling. For conforming lots and structures, a holding tank may be used for expansions, alterations, additions and improvements to existing dwellings so long as it does not exceed 50% of the value of the existing structure as indicated in the records of the County Assessor, or 50% of the footprint, whichever is more restrictive. Holding tanks may also be used for the exact replacement of an existing dwelling.
(b) Holding tanks shall only be used as a corrective action for sewage disposal for pre-existing uses where a full treatment system cannot be installed.
(c) Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal are unsuitable for residential use.
(d) Holding tanks shall not be installed on undeveloped lots of record for recreational uses unless the lot has been found to be suitable for a dwelling and can support a full septic system.
(e) Holding tanks must have an alarm device for the prevention of overflow.
(f) An owner must have a current pumping contract signed by the owner and a licensed maintenance business. Records shall be kept to validate required pumping.
(g) A septic tank that is converted to a holding tank must be pumped and certified.
(13) Scope. All sewage generated in unsewered areas of the county shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated and maintained in accordance with the provisions of this chapter or by a system that has been permitted by the MPCA.
(14) Prohibitive discharge. It is unlawful for any person to construct, maintain or use any SSTS regulated under this chapter that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollution Discharge Elimination System program by the MPCA.
(15) Dispute. If a documented discrepancy arises on the depth of the periodically saturated soil, the following procedures shall be followed:
(a) All parties involved in the discrepancy will be contacted by the Planning and Zoning Department and informed of the discrepancy.
(b) The disputing parties may agree to meet at the site in an attempt to resolve differences.
(c) If one or both parties refuse to meet or the differences are not resolved, the Planning and Zoning Department will make a decision based on the information submitted as part of the discrepancy and any other information gathered.
(d) If a party disputes the decision of the Planning and Zoning Department, an opinion from a MN licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of all parties, may be obtained and submitted to the Planning and Zoning Department, at the party's expense.
(e) If opinions rendered as outlined above do not resolve the dispute, the Planning and Zoning Department shall take into consideration all information and opinions rendered and make a final decision. The Zoning Administrator shall issue written findings setting forth the reasons for any final decisions it renders.
(16) Floodplain. SSTS shall not be located in a floodway and whenever possible, location in a floodplain should be avoided. If no option exists to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minn. Rules part 7080.2270 and all relevant local floodplain requirements are met.
(17) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in 40 C.F.R. part 144, are required by the Federal Government to submit SSTS information to the Environmental Protection Agency as described in 40 C.F.R. part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.
(18) Newly created lots. All lots created after 1-23-1996 must have a minimum of two soil treatment and dispersal areas that can support trenches, seepage beds, mounds and at-grade systems as described in Minn. Rules parts 7080.2200 through 7080.2230 and 7080.2260 or site conditions described in Minn. Rules part 7081.0270, subparts 3 through 7. For the creation and division of new lots, verification by soil borings located on a plan must be submitted establishing that this requirement can be met.
(19) Management plans. Management plans are required for all new or replacement SSTS. The management plan shall be submitted by the designer to the local unit of government before issuance of a SSTS permit. Management plans shall include requirements as listed in Minn. Rules part 7082.0600, subpart 1(B), and other requirements as determined by the permitting authority.
(20) Operating permits.
(a) SSTS specified in Minn. Rules parts 7080.2290, 7080.2350 and 7080.2400 and Minn. Rules Ch. 7081 require an operating permit and shall include Minn. Rules part 7082.0600, subpart 2, and other requirements as determined by the permitting authority.
(b) The operating permit for new SSTS and MSTS will be issued in tandem with the construction permit for the new system. Operating permits, when needed for existing systems and or system repair, will be issued as separate permits.
(c) Any additional fees for operating permits will be listed in the fee schedule determined by the County Board of Commissioners.
(21) Treatment tanks. SSTS not operated under a management plan or operating permit must have treatment tanks inspected every three years. Solids must be removed when their accumulations exceed the limits as described in Minn. Rules part 7080.2450.
(22) Sale or transfer. No owner of a tract of land on which a dwelling is located, or tract of land on which a structure which is required to have an SSTS is located, shall sell or transfer to another party said tract of land unless requirements as stated in Ch. 157 of this code of ordinances are met.
(23) Septage management. Septage shall be pumped, managed, land applied and disposed of in accordance with applicable state and federal laws.
(C) Site evaluation and design requirements.
(1) Minimum of three soil observations required. When designing systems a minimum of three soil observations are required for each site, unless sites are adjacent. For adjacent sites a minimum of three soil observations are required with a minimum of two observations in the primary site and one observation in the secondary site.
(2) Benchmarks, borings, percolation sites and dispersal area; must be staked and labeled. Benchmarks, borings, percolation sites and dispersal area must be staked and labeled in the field. The elevations of the above items must be on the design.
(3) Septic tank. A minimum 1,500-gallon split tank is required. Split tank capacity can be achieved with multiple tanks. For a new dwelling, burial of the top of tank greater than four feet only allowed with LUG approval and statement from tank manufacturer as to maximum designed depth for tank.
(4) Pump tank.
(a) At minimum, a 1,000-gallon pump tank is needed for lifting the effluent to the soil treatment area.
Table 1: Drainfield Sizing Treatment Level C Minimum Treatment Area* | ||||||
SLR | ||||||
BEDROOMS | Sand Loamy Sand 1.20 gpd/ft2 | Sandy loam 0.78 gpd/ft2 | Loam Fine sand 0.60 gpd.ft2 | Silt Silt Loam 0.50 gpd/ft2 | Clay Loams 0.45 gpd/ft2 | |
2 | 600 | 600 | 600 | 600 | 667 | |
3 | 700 | 800 | 800 | 900 | 1,000 | |
4 | 800 | 900 | 1,000 | 1,200 | 1,333 | |
5 | 900 | 1,000 | 1,250 | 1,500 | 1,667 | |
Table 2: Drainfield Sizing Treatment Level A/B Minimum Treatment Area* | ||||||
SLR | ||||||
BEDROOMS | Sand Loamy Sand 1.60 gpd/ft2 | Sandy loam 1.0 gpd/ft2 | Loam Fine sand 0.78 gpd.ft2 | Silt Silt Loam 0.78 gpd/ft2 | Clay Loams 0.6 gpd/ft2 | |
2 | 450 | 450 | 450 | 450 | 500 | |
3 | 500 | 500 | 577 | 577 | 750 | |
4 | 550 | 600 | 769 | 769 | 1,000 | |
5 | 600 | 750 | 962 | 962 | 1,250 | |
(b) *There are structure and consistence qualifiers per code 7080.2150 that may require design modifications before being able to properly apply these tables.
(5) Soil texture; to be logged and accounted .When conducting percolation tests, soil texture shall be logged and accounted for. If there is a discrepancy between the soil texture and the percolation rate, the smaller soil loading rate needs to be used.
(6) Trenches with 12 inches of rock; sizing. Trenches designed with 12 inches of rock or more under the distribution pipe shall be sized according to Table 1 or Table 2 above.
(7) Mound systems. Mound systems are to be sized at 1.0 gpd/sq. ft.
(8) Type III, IV, V, non-residential SSTS. Type III, IV, V and non-residential SSTS shall be time dosed.
(9) Bedroom additions; existing compliant SSTS. Bedroom additions with an existing compliant SSTS where the treatment area cannot be practically increased to the proper treatment area size, shall be time dosed.
(10) Gravity trenches in sandy soil. When installing gravity trenches in sandy soil per Minn. Rules part 7080.2210, subpart 4, § F, item 2, the maximum single trench area shall be determined as 15% of the state required treatment area.
(11) Remediation. A permit shall be required when an operational component is added, or a method employed to an SSTS to recover a failing treatment area. Required information for this permit will be a description of what is wrong with the existing SSTS, an inspection/compliance of the components of the system, a lab sample of the existing effluent to determine abnormalities, and a preliminary site evaluation of what the upgrade options will be on the property if remediation fails to correct the problem. A management plan/operating permit will also be required.
Table 3: Minimum Setback Distances (Feet) | |||
Sewage or Holding Tank | Soil Treatment or Absorption Area | Building Sewer or Supply Pipes | |
Table 3: Minimum Setback Distances (Feet) | |||
Sewage or Holding Tank | Soil Treatment or Absorption Area | Building Sewer or Supply Pipes | |
All public water wetlands as defined by M.S. § 103G.005, subd. 15a, as it may be amended from time to time, or successor statute | 50 | 50 | - |
Buildings*** | 10 | 20 | - |
Buried pipe distributing water under pressure* | 10 | 10 | 10 |
Buried water suction pipe* | 50 | 50 | 50** |
Ordinary high water mark of the following types of lakes and rivers: | |||
General development lakes | 50 | 50 | - |
Recreational development lakes | 75 | 75 | - |
Natural environmental lakes | 150 | 150 | - |
75 | 75 | - | |
Transitional river segments (north fork of the Crow) | 150 | 150 | - |
Property lines**** | 10 | 10 | - |
Subsurface drainage systems such as field tile lines | 50 | 50 | - |
Surface drainage systems such as open ditches | 30 | 30 | - |
Water supply wells* (50 feet of continuous casing or encountering 10 feet of impervious material) | 50 | 50 | 50** |
Water supply wells* (less than 50 feet of continuous casing) | 50 | 100 | 50** |
NOTES TO TABLE: * Setbacks from buried water pipes and water supply well as governed by Minn. Rules Ch. 4715 and 4725, respectively. ** The setback can be reduced from 50 to 20 feet if the building sewer or supply pipe is air tested by holding 5 pounds of air pressure for 15 minutes. *** For structures other than buildings these setbacks may be reduced if necessary due to site conditions, but in no case shall any part of the individual sewage treatment system be located under or within the structure. For this provision to be employed there shall not be interior space below the structure. For the new construction of a structure without interior space below the structure no part of the absorption area shall encroach closer than 10 feet. **** The setback from the treatment area to the platted road may be reduced with written approval from the road authority. The Board of Adjustment shall review variance requests, including those from common property lines, per § 155.026 in this chapter. | |||
(D) Setbacks and placement of building sewer.
(1) The building sewer pipe extending from the house to the tank shall not be less than four inches in diameter and must meet the strength requirements of Schedule 40 plastic pipe. The pipe shall be supported in such manner so that there is no deflection during backfilling and subsequent settling of the soil between the building foundation and the inlet to the septic tank. Construction of the line shall provide a grade of not less than one-eighth inch per foot for minimum grades. No 90-degree ells shall be permitted.
(2) The sewer pipe extending from the tank to the distribution medium must meet the strength requirements of Schedule 40 plastic pipe. Sewer pipe lines, manholes and other appurtenances shall be constructed in accordance with the state’s Plumbing Code and the state’s Pollution Control Agency requirements.
(E) Subject to change. The requirements of this chapter are intended to be comparable to the Environmental Protection Agency and the state’s Pollution Control Agency standards. Should this chapter differ from other agency standards or should EPA or MPCA standards change, the more strict standards shall apply.
(Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.091 DWELLING UNITS PROHIBITED.
(A) No garage, tent, trailer, motor home, accessory building, nor any vehicle or building not specifically approved by the Building Inspector, may be used at any time as a dwelling. The basement portion of finished home or apartment may be used for normal eating and sleeping purposes; provided, it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the Building Inspector.
(B) One travel trailer or motor home (not to include mobile homes nor park trailers) is permitted for seasonal use on any lot, provided that the following conditions are met.
(1) Only one such unit is allowed per lot.
(2) Sewage must be properly treated or hauled away. On lots which have been declared by the Board of Adjustment to be unacceptable as a building site, the unit shall have a self-contained holding tank and sewage shall be hauled away for treatment and disposal.
(3) The travel trailer is for guests or recreational use only. It may not be occupied on any lot for more than 90 days in any one year.
(4) The unit must have a current license attached in accord with state law.
(5) Placement of the unit shall comply with all setback requirements for a principal structure.
(Ord. 18-4, passed 6-19-2018)
§ 155.092 RELOCATION OF STRUCTURES.
(A) A conditional use permit shall be required for all permanent relocation of residence and for the relocation of any building requiring a permit in residential areas. Relocated sheds, farm buildings, cribs and other farm structures onto farms do not require a conditional use permit.
(B) Relocation of construction sheds to be located on a lot for less than 18 months requires no permit. For relocation of structures requiring a permit, the applicant shall submit photographs showing all sides of the structure to be moved and proposed site plan of the lot on which the structure is to be located. The Planning Commission shall also require a map indicating location of surrounding lots and structures. The Planning Commission shall consider the compatibility of the structure to be relocated with structures and uses on surrounding lots. If the Planning Commission decides that relocation of the structure would depreciate the value of structures or lots surrounding the lot upon which it is to be moved, then the permit shall be denied. The relocation of railroad cars and cabooses onto lots shall be prohibited in all districts.
(C) An interim use permit shall be required to locate a mobile home on any property for use as a storage shed or other non-residential use.
(Ord. 23-1, passed 5-2-2023)
§ 155.093 VACATED STREETS.
Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding. If a street is vacated, within a zoning district, the provision of that district shall apply to the new parcels.
§ 155.094 PERMITTED ENCROACHMENTS.
(A) The following shall be considered as permitted encroachments on setback and height requirements, except as herein provided:
(1) In any yard. Posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features and fences, and all other similar devices incidental and appurtenant to the principal structure, except as restricted elsewhere herein;
(2) In side and rear yards. Bays not to exceed a depth of three feet or contain an area of more than 30 square feet, fire escape not to exceed a width of three feet. Breezeways, detached outdoor picnic shelters, open arbors and trellises may extend to within five feet of a side or rear lot line; except that, no structure shall exceed 500 square feet. Covered porches may extend 20 feet into the rear yard, but not closer than ten feet from the rear lot line, and must meet shoreland standards; and
(3) Height limitations. Height limitations shall not apply to barns, silos and other non-residential farm structures; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles, public utility facilities; transmission towers of commercial and private radio broadcasting station; television antenna, private ham radio towers and parapet walls extending not more than four feet above the limiting height of the building, except as provided in municipal airport zoning provisions.
(B) In no event shall off-street parking space, structures of any type, buildings or other features cover more than 50% of the lot area resulting in less than 50% landscaped area in Residential Districts.
§ 155.095 ACCESS DRIVES AND ACCESS.
(A) Access drives may not be placed closer than five feet to any side or rear lot line. No access drive shall be closer than three feet to any single- or two-family residence, no closer than five feet to any multiple-family building or commercial building. The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow.
(B) Access drives onto county roads shall require a review by the County Engineer. The County Engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. Access drives onto township roads shall be approved by the appropriate township board.
(C) Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The Building Inspector shall review all access drives (driveways) for compliance with the accepted community access drive standards.
(D) All driveways shall have a minimum width of ten feet with a pavement strength capable of supporting emergency and fire vehicles.
(E) All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the County Planning Commission, the County Board or township board.
(F) (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.
(2) Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district or other applicable technical materials.
(G) Roads, driveways and parking areas must meet shoreland structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
(H) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones; provided, the vegetative screening and erosion control conditions of this subchapter are met. For private facilities, the grading and filling provisions of § 155.101 of this chapter must be met.
§ 155.096 IRRIGATION SYSTEMS.
All proposed irrigation systems shall require a permit from the Department of Natural Resources (DNR).
§ 155.097 SIGN REGULATIONS.
(A) Purpose. It is hereby found and declared that in the interest of and to promote the general welfare of the people and to conserve the natural beauty of the unincorporated rural areas of the county that it is necessary to reasonably and effectively regulate and control the erection or maintenance of signs. The objectives of this section include preserving the right of free speech and expression, providing easy and pleasant communication between people and their surroundings, and avoiding excessive levels of visual clutter and distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, or community appearance.
(B) Signs conform with this chapter. All signs hereafter erected or maintained shall conform with the provisions of this chapter.
(C) General provisions.
(1) Sign types.
(a) Canopy. A protective roof like covering, made of canvas or similar fabric, mounted on a frame over a walkway, door or window of a building.
(b) Wall. A painted or non-painted sign affixed on the side of a building.
(c) Monument. A ground sign having a solid appearance and a generally low profile. Must be attached to a proportionate enclosed base (50% minimum). The sign may be constructed with stone, concrete, metal, routed wood planks or beams, or similar materials which harmonize with the establishment it serves. The sign base area shall not exceed the actual sign face area by 10%.
(d) Pole/pylon. A freestanding sign that is suspended by no more than three metal, wood or concrete poles.
(e) Window. A painted or freestanding sign placed in or on a window of a business.
(f) Billboard. Any sign that exceeds 96 square feet in surface area.
(2) Permit required. All signs, unless otherwise noted, shall require a permit.
(3) Sign illumination.
(a) The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect in or into residential structures. Where a sign is illuminated, the source of light shall not shine upon any part of a single residential district.
(b) No signs shall have blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing. No signs should have flashing or rotating signs resembling emergency vehicles.
(4) Message substitution. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message, or for any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
(5) Severability. The invalidation of any section, subsection, clause, word, or phrase of this chapter, or of any definition in this chapter of any word or phrase used in this chapter, by any court of competent jurisdiction shall not affect the validity of the remaining portions of this chapter.
(D) Signs in the S-2 Residential-Recreational Shorelands District, S-3 Commercial Recreation Shorelands, W/S Wild and Scenic, A/R Agricultural-Residential, AG General Agriculture District and R-1, R-2, R-2a and R-3 Residential Districts. In S-2, S-3, W/R, A/R, AG and R-1, R-2, R-2a and R-3 Districts, no sign shall be erected, except as follows:
(1) One sign, not to exceed 35 square feet in surface area and not more than 15 feet in height above the average grade shall be allowed on a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. No property will be permitted more than one sign under this provision. It may be illuminated, but not flashing; and
(2) One canopy, window, or wall sign, which shall not exceed 35 square feet in surface area or the height of the building, for a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. This can be in addition to the sign allowed under division (D)(1), above.
(3) Signs, located on the premises, for allowed conditional or interim uses, subject to the following provisions:
(a) No sign shall be erected within 30 feet of the road right-of-way; and
(b) No sign shall be erected within ten feet of any abutting property line.
(E) Signs in B-1 Highway Service, B-2 General Business and I-1 Limited Industry Districts. In B-1, B-2 and I-1 Districts, no sign shall be erected, except as follows:
(1) Signs, located on premises, shall comply with the following provisions:
(a) No more than one pole/pylon or monument sign located on the premises. The surface area cannot exceed 96 square feet. Signs permitted under this section are limited to a height not to exceed the permitted building height of the tallest structure on the property. It may be illuminated, but not flashing.
(b) In addition to division (E)(1)(a), above, each parcel of property is allowed:
1. One canopy, window, or wall sign which shall not exceed 10% of the surface area of the front facade.
2.
For a property that includes a drive-through window, two additional signs, one no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut, and the second no larger than 30 square feet in surface area and facing the drive-through lane.
3. For a property (other than one including a drive-through window) that includes one or more lanes limited to one-way traffic, one additional sign, no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut.
(2) Parcels of property abutting US Highway 12, State Highway 55, and Interstate Highway 94 shall be permitted to construct one pole/pylon sign or monument sign that is in excess of the permitted building height, provided the sign is not in excess of 50 feet in height above the average grade. Signs permitted under this section shall not exceed 96 square feet in surface area for each conditional or interim use and shall not exceed 300 square feet in total surface area for all signs.
(3) All signs shall meet the following restrictions and setbacks:
(a) No sign shall be erected within ten feet of any abutting property line.
(b) No sign shall be erected within 30 feet of the road right of way.
(F) Signs in other zoning districts. All signs shall be prohibited in any zoning district which is not specifically listed in divisions (D), (E), and (G) except for signs which are classified as exempt under division (H).
(G) Billboards.
(1) Billboards are only permitted to be placed on property directly abutting U.S. Highway 12, State Highway 55, and Interstate Highway 94 in the B-1, B-2 and I-1 Districts.
(2) Billboards shall not exceed a maximum total surface area of 672 square feet per side, including any extensions, with a maximum of two sides. Billboards may not be stacked vertically.
(3) The height of the top edge of a billboard cannot exceed 40 feet above existing grade of the sign site with a minimum ground clearance of ten feet.
(4) No billboard shall be erected within 100 feet of any abutting property line in a district where billboards are prohibited. Otherwise, billboards shall meet the same side and rear setback as any other building or structure in that district.
(5) No billboard shall be permitted within ten feet of the right-of-way of any street or road.
(6) No billboard shall be located within a radius of 660 feet of any existing billboard.
(7) No billboard shall be located within 300 feet of a dwelling, at grade intersection of two or more roads, or at grade intersection of any road and a railroad.
(8) Billboards shall be a freestanding signboard located on or off premise.
(H) Exempt signs. Unless prohibited in division (I), the following signs shall be authorized in all zoning districts and shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.
(1) Any sign owned or maintained by a governmental entity.
(2) The changing of the display surface on a previously approved painted or printed sign.
(3) One sign six square feet or less in size and no more than five feet in height per property.
(4) Non-commercial signs beginning 46 days before the state primary in a state general election year until ten days following the state general election.
(5) When the date of a local, municipal, county, township, or school election does not correspond with the state primary or state general election, non-commercial signs may be erected, within the jurisdiction conducting the election, and maintained beginning 46 days before any scheduled primary or general election until ten days following the general election.
(6) Each newly platted subdivision or development shall be allowed one sign at each entrance of the subdivision or plat. Each sign shall not exceed 96 square feet in surface area and no more than 15 feet in height. Each sign shall be allowed for one year after the recording of the plat, or for 30 days after the last property or parcel in the plat is sold or transferred, whichever is later.
(7) Every parcel of property is entitled to additional signs totaling but not exceeding 12 square feet in surface area and no more than five feet in height while the parcel of property is actively being marketed for sale or rent.
(8) Every parcel of property shall be entitled to one sign no more than 120 square inches in surface area to be placed in all of the following locations:
(a) On the front of a residence;
(b) On each side of an authorized United States Postal Service mailbox;
(c) On one post which measures no more than 48 inches in height and four inches in width.
(9) Every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height when there is an event at the subject property and not posted for more than 28 days.
(10) Every parcel of property is entitled to additional, unilluminated signs, to be used during the construction of a building, and which in total are not to exceed 12 square feet each in surface area and are no more than 15 feet in height. Said signs shall be removed within six months from the start of construction.
(11) In the interest of safe traffic flow, every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height.
(I) Signs prohibited.
(1) Flashing or rotating signs resembling emergency vehicles, official traffic control devices not owned by a public body, or railroad signs or signals not owned by a railroad or a public body, shall not be permitted in any district.
(2) Dynamic signs shall not be permitted in any district.
(3) No sign shall be permitted to obstruct any door, fire escape, stairway or other opening intended to provide light, air, ingress or egress of any building or structure.
(4) No sign shall be placed that resembles any official marker erected by a governmental agency.
(5) Signs shall not be permitted within public right-of-way or easements except for signs allowed under division (H)(1) and division (H)(8)(b).
(6) Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located. If the owner or lessee fails to remove the sign, the Zoning Administrator shall remove it in accordance with division (K)(3) below. These removal provisions shall not apply where a succeeding owner or lessee has a valid conditional or interim use permit and agrees to maintain the signs as provided in this chapter or changes copy on the signs in accord with a valid conditional or interim use permit and provided the signs comply with the other provisions of this chapter.
(7) Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety must be taken down and removed by the owner, agent, or person having the beneficial use of the building, structure or land upon which the sign is located.
(8) Unless otherwise noted, no sign shall be placed on public street/traffic signs, utility poles or public property. Signs in violation of this division may be removed by county personnel at their discretion, without advance notice to the sign owner.
(9) Any other structure, banner, balloon, trailer, building, portable device or anything visible from a public road which is used as a sign is prohibited unless specifically authorized by this chapter.
(J) Permits and fees.
(1) The property owner or other persons having control of signs subject to the requirements of this chapter shall be responsible to see that the regulations contained herein are followed.
(2) The erection of any new sign outlined in this chapter, unless otherwise noted, shall require a permit. The fee for sign permits shall be established by resolution of the County Board.
(3) It shall be the duty of the Zoning Administrator and/or the Building Official upon filing of an application for a sign permit, to examine such plans and specifications and other data; and if it appears that the proposed structure is in compliance with all requirements of this chapter and all other laws and ordinances of the county, then the Zoning Administrator shall grant the sign permit. In addition, all illuminated signs shall be subject to the provisions of the state’s Electrical Code and shall comply with the Underwriter’s standard as defined in the current Underwriter Laboratories standard for safety, electric sign.
(4) Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit, the fee as provided by the County Board shall be doubled. Payment of such double fee shall neither relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.
(5) If the work authorized under a sign permit has not been completed within six months after the date of issuance, said permit shall expire automatically and renewal of the permit shall be required.
(K) Inspection, removal, safety.
(1) Inspection. Any sign for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this chapter and all other applicable laws.
(2) Maintenance.
(a) The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the property on which a sign is located.
(b) Painting, repainting, cleaning and normal maintenance and repair of a sign or sign structure is required to protect the sign and prevent its deterioration and maintain its neat appearance. Such maintenance is allowed without permit unless a structural change is made. All signs must be maintained in a neat and orderly condition.
(3) Removal of signs. The Zoning Administrator shall order the removal of any sign erected or maintained in violation of this chapter. Ten days’ notice in writing shall be given to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. Upon failure to remove the sign or to comply with this notice, the Zoning Administrator may remove the sign. The Zoning Administrator may remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any costs of removal incurred by the Zoning Administrator shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary department or in the manner of taxes and all costs shall be assessed against the property. Signs located within the right-of-way of county roads may be removed by the county at any time without notice.
(L) Prior lawful non-conforming signs.
(1) Lawful signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a non-conforming use.
(2) Business signs that were lawfully established when erected on the premises of a non-conforming building or use may be continued so long as they continue to comply with the version of this chapter in effect at the time the signs were established, but such signs shall not be increased in number, area, height, volume, or illumination. Such signs may be illuminated, but no flashing, rotating, or moving signs shall be permitted.
(3) No business sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this chapter.
(4) In the event that the use of a non-conforming business sign structure is discontinued or its normal operation stopped for a period of six months, any subsequent use of the sign shall be a conforming use.
(5) Legal nonconforming signs on residential and seasonal residential real estate shall be allowed to continue as provided under M.S. § 394.36, Subd. 4, as it may be amended from time to time.
(Ord. passed 12-1-2015; Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.098 ESSENTIAL SERVICES.
(A) Essential services, as defined by this chapter, may have an effect upon urbanizing areas of the county, county land uses, highway location, the preservation of natural environmental areas, lakes, streams, rivers, and park and recreation areas.
(B) Essential services are a conditional use unless otherwise stated in this section.
(C) Filing and setback requirements.
(1) All essential services including large facilities and those for local distribution or other similar appurtenances or facilities shall be located entirely within a public road right-of-way or shall meet the road right-of-way setbacks as required for principal structures in all zoning districts.
(2) The proposed location of all essential and transmission services in any land use district shall be filed with the county Highway Department prior to commencement of any condemnation action or construction. The proposed location of all essential and transmission services along a township road right-of-way shall also be filed with the Township Clerk prior to commencement of any condemnation action or construction.
(D) Exemptions.
(1) Essential services located within a public road right-of-way, platted utility easement, or within a pre-existing utility easement recorded prior to January 1, 2017, for their entire length shall be considered a permitted use in all districts and are exempt from the conditional use permit requirements of this chapter, provided all necessary permits are obtained from the road authority and all state and federal requirements are met. "As-built" plans for such essential services which specify the location of the essential service must be filed with the county Highway Department, and the Township Clerk when the essential services are located in a township road right-of-way, in a format specified by the county Highway Engineer within 90 days of final completion.
(2) County and township structures and support facilities are exempt from requiring conditional use permits.
(3) Essential services, as referred to in this section, do not include the lateral lines, cables, wires, pipes, or sewers which extend from the trunk transmission, collection, or distribution lines, mains, or pipes to service a single residence or other lawfully permitted structure.
(E) Application procedures. The following application procedure shall be observed.
(1) The applicant shall file with the Zoning Administrator such maps indicating the location, alignment and type of service proposed as shall be necessary to determine the potential impacts of the essential services.
(2) The essential service permit then shall be treated as a conditional use permit and the applicant shall be responsible to comply with all terms of this chapter applicable to such permits.
(F) Time limit. Conditional use permits shall expire in two years unless all conditions in an essential service utility permit are commenced within the two years and completed within one more year unless otherwise specified by the Planning Commission.
(G) Pipeline safety. Where any construction or development is proposed adjacent to a pipeline as defined in M.S. § 299J.05, as it may be amended from time to time, said project shall comply with all provisions for pipeline safety and setback standards as specified in M.S. § 299J.05, as it may be amended from time to time.
(H) Energy storage systems. Energy storage systems are not an essential service but are permitted in business and industrial districts provided the energy storage system, including battery technology, has less than 100 kilowatt hours (kWh) of capacity. An energy storage system, including battery technology, which does not exceed 100 kilowatt hours (kWh) of a capacity is permitted in all agricultural or residential districts only as an accessory use to a primary dwelling. Energy storage systems, including battery storage technology, which exceed 100 kilowatt hours (kWh) of capacity are prohibited in all zoning districts. An “energy storage system” has the meaning given in M.S. § 216B.2422, subd. 1(f).
(Ord. 16-8, passed 12-27-2016; Ord. 23-4, passed 12-19-2023)
§ 155.099 MOBILE HOME PARKS.
(A) Intent. The intent and purpose of this section is to assure quality development equal to that found in other types of residential areas throughout the community. Excellence of design, development and maintenance is the desired objective.
(B) Permit required. No person shall attempt to develop or operate a mobile home park within the community without first obtaining a permit therefor. The requirements of a permit shall prevail over all other standards and requirements notwithstanding the more restrictive sections of this chapter. A permit for a mobile home park may contain other requirements beyond those mentioned in this section.
(C) Application. The applicant for a permit, in addition to other requirements, shall include the name and address of the developer and a general description of the construction schedule and construction cost. The application for a permit shall be accompanied by 12 copies of plans which indicate the following:
(1) Location and size of the mobile home park;
(2) Location, size and character of all mobile home lots, mobile home stands, storage areas, recreation areas, laundry drying areas, central refuse disposal, roadways, parking spaces and sites and all setback dimensions;
(3) Detailed landscaping plans and specifications;
(4) Location and width of sidewalks;
(5) Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, telephone service and gas service;
(6) Plans for an overhead street lighting system shall be submitted for approval by the County Engineer;
(7) The method of disposing of garbage and refuse;
(8) Location and size of all streets abutting the mobile home park and all driveways from such streets to the park;
(9) Plans and specifications for all road construction either within the park or directly related to park operation;
(10) Floor plans of all service buildings to be constructed within the mobile home park;
(11) Such other information as may be required or requested by the community; and
(12) Detailed description of maintenance procedures and grounds supervision.
(D) Performance standards for mobile home parks.
(1) A mobile home park shall contain at least 150 fully developed lots. A minimum of 50 mobile home stands must be fully developed, together with all required auxiliary buildings and areas, before any mobile home may be occupied.
(2) All mobile homes shall be properly connected to a central water supply and a public sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the County Engineer. Where a public water supply is available to the mobile home park or at the boundary of the park, a connection to said public water supply shall be provided for each mobile home.
(3) All mobile home parks shall have one or more recreational areas which shall be easily accessible to all park residents. Recreational areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. The size of such recreational area shall be
based upon a minimum of 15% of the land area (exclusive of streets), but no outdoor recreational area shall contain less than 2,000 square feet. All equipment installed in such an area shall be owned and maintained by the owner or operator at his or her own expense.
(4) Each mobile home park shall maintain a paved off-street overload parking lot for guests of occupants in the amount of one space for each three coach sites and located within 300 feet of the unit to be served.
(5) All utilities, such as sewer, water, fuel, electric, telephone and television antenna lead-ins, shall be buried to a depth specified by the County Engineer, and there shall be no overhead wires or support poles, except those essential for street or other lighting purposes. All utility connections shall be approved by the Zoning Administrator prior to connection and electrical service shall be at least 120-volt, 100-ampere capacity. Plan for the disposal of surface storm water shall be approved by the County Engineer.
(6) A properly landscaped area shall be adequately maintained around each mobile home park. All mobile home parks shall be screened with a fence along the property boundary lines separating the park from residential and non-residential uses to protect adjoining property owners.
(7) No mobile home, off-street parking space or building shall be located within 30 feet of the exterior boundary of any mobile home park. No mobile home shall be located within 125 feet of the existing or planned centerline of a public street.
(8) Signs shall be limited to one nameplate or identification sign not to exceed 25 square feet, with lighting, height and location as approved by the Zoning Administrator and have a 15-foot setback from the front line.
(9) The area beneath all mobile homes shall be enclosed with a material that shall be generally uniform through the entire mobile home park; except that, such an enclosure must be so constructed that it is subject to reasonable inspection. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile home equipment.
(10) Each mobile home lot shall be served by a central fuel supply system such as natural gas or a central LP system. No separate private fuel containers, such as fuel oil tanks or LP tanks shall be allowed in the mobile home park.
(11) All mobile home parks shall have an area or areas set aside for dead storage. Boats, boat trailers, hauling trailers and all other equipment not generally stored within the mobile home or within the utility enclosure, that may be provided, shall be stored in a separate place provided by the park owner. This storage place shall be screened. Such equipment shall not be stored upon a mobile home lot which is occupied by a mobile home nor upon the streets within the mobile home park.
(12) Each mobile home lot within a mobile home park shall abut on and have access to a private road used by the inhabitants of the park and built and maintained by the owner thereof. This road shall lead to and furnish ingress and egress from a public street through controlled driveways which shall have a right-of-way at least 60 feet in width. The private roads and the access roads to public streets shall be paved with a concrete or bituminous material complying with the specifications for the construction of any community street. The paved surface shall be at least 36 feet in width from curb to curb. A concrete curb and gutter shall comply with all applicable community ordinances. There shall also be a paved three-foot wide walkway from the slab to the frontage curb. Access drives off roads to all parking spaces and mobile home slab sites shall be paved.
(13) Each mobile home park shall have one or more central community buildings with central heating which must be maintained in a safe, clean and sanitary condition. Said buildings shall be adequately lighted during all hours of darkness and shall contain laundry washers, dryers and drying areas, public telephones and public mail boxes, in addition to public toilets and lavatory. For each 100 mobile home lots or fractional part thereof, there shall be one flush toilet and one lavatory for each sex.
(14) Every structure in the mobile home park shall be developed and maintained in a safe, approved and substantial manner. The exterior of every such structure shall be kept in good repair and shall be repainted or refinished when so directed by the community’s Building Inspector. All of said structures must be constructed to meet existing community codes. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants.
(15) All structures shall require a building permit. It is not the intent of this section to repeal or abrogate any part of the Building Code. The provisions of the section shall be enforced in addition to and in conjunction with the provisions of the Building Code.
(E) Mobile home park lots.
(1) Each mobile home site shall contain at least 6,000 square feet of land area for the exclusive use of the occupant and shall be at least 60 feet wide, which size site allows for a maximum length mobile home of 55 feet. Larger mobile homes will require longer lots to comply with the following requirements of this chapter.
(2) Mobile homes shall be placed upon mobile home lots so that there shall be at least a 20-foot clearance between mobile home and 20 feet between the front of the mobile home and the front lot line and 25 feet between the rear of the mobile home and the rear lot line. Mobile homes shall be parked no closer than ten feet to a side lot line.
(3) The area occupied by a mobile home shall not exceed 50% of the total area of a mobile home site; land may be occupied by a mobile home, a vehicle, a building, a cabana, a ramada, a carport, an awning, storage closet or cupboard or any structure.
(4) The yards shall be landscaped except for the necessary driveway and sidewalk needs which shall not exceed one-half the width of the site. Landscaping shall include at least one tree, hedges, grass, fences, windbreaks and the like. Temporary storage shall not be allowed in the lawn area.
(5) Each mobile home lot shall have paved off-street parking space for at least two automobiles. Each space shall be ten feet by 20 feet minimum or as approved by the Zoning Administrator.
(6) The corners of each mobile home lot shall be clearly marked and each site shall be numbered.
(7) Each mobile home lot shall be so designed that automobiles may not be parked within five feet of the side of any mobile home or within five feet of the front or back of the mobile home.
(F) Mobile home stands. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
(1) The mobile home stands shall not heave, shift or settle unevenly under the weight of the mobile home, due to frost action, inadequate drainage, vibration or other forces acting upon the structure.
(2) The mobile home stand shall be provided with anchors and tie-downs, such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors or other devices providing for stability of the mobile home.
(3) Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds or as approved by the current Minnesota State Uniform Mobile Home Standards Code, whichever is more restrictive.
(4)
All land areas shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish or debris. The proposed method of garbage, waste and trash disposal must be approved by the community and must conform to the regulations of the state’s Pollution Control Agency. Refuse collection stands shall be provided for all refuse containers. Such stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(5) No mobile homes shall be located in the mobile home park that do not conform to the requirements of the most current Minnesota State Uniform Mobile Home Standards Code and has the state seal of compliance affixed to it. No mobile home shall be allowed therein which is in an unsanitary condition, or which has an exterior in bad repair, or which is structurally unsound, or which fails to protect the inhabitants of said mobile home against all the elements.
(6) No person shall erect, place, construct, reconstruct, relocate, alter, maintain, use or occupy a structure in a mobile home park without the written consent of the owner or operator of said park.
(7) Dogs and animals shall not be permitted to run at large within the mobile home park.
(8) No public address or loud speaker system shall be permitted.
(9) No tents shall be erected, or occupied, and there shall be no outdoor camping anywhere in the trailer park.
(10) Laundry and clothes shall be hung out to dry only on lines located in approved areas established and maintained exclusively for that purpose.
(11) No person shall bring or keep an automobile into the mobile home park that does not have a current license and is not in operable condition.
(12) Land in the mobile home park shall be used for residential purposes only.
(13) Each mobile home shall be equipped with an approved fire extinguisher.
(14) No open fires shall be permitted within the park and no fires in burners or incinerators shall be left unattended at any time. The operator shall provide safe, adequate incinerator service in full compliance with any state laws or local ordinances pertaining thereto.
(Ord. 18-4, passed 6-19-2018)
§ 155.100 MINING AND EXTRACTION.
(A) Purpose. Modern lifestyles create the indisputable need for a continued and uninterrupted supply of aggregate material. Accordingly, mining is a necessary land use that shall be balanced with the impact on the environment, health, welfare, safety, and quality of life of Wright County residents and future generations. The purpose of this section is to regulate mining operations so as to minimize conflicts with adjacent land uses and ensure that mining operations are reclaimed with a use compatible with surrounding land uses and a use as designated in the Comprehensive Land Use Plan.
(B) Administration; permit review.
(1) An interim use permit shall be required for all commercial mining operations. Said permit shall be valid for a period of time set by the County Planning Commission but shall not exceed ten years; after which, a new interim use permit shall be required. Except that an interim use permit for a hot mix asphalt plant shall not be issued for a term in excess of two years.
(2) Persons requesting a mining permit shall submit said fee to the County Planning Commission together with all information required in this section.
(3) For mining operations which will last only one season, such as for road projects, the Planning Commission may issue a temporary mining permit. Such permit may include the placement of a bituminous hot mix plant and other accessory equipment. Said permits shall only apply if the mining site is to be opened, closed and reclaimed within one year. The Zoning Administrator may waive some of the information required by division (C) below in the case of a temporary mining permit. A temporary mining permit shall be administered as an interim use permit.
(4) If the request is denied, no reapplication shall be made for a period of six months.
(C) Information required. The following information shall be provided by the person requesting the permit:
(1) Name and address of person requesting the mining permit;
(2) The exact legal property description and acreage of area to be mined;
(3) The following maps of the entire site and to include all areas within 500 feet of the site. All maps shall be drawn to a scale as determined by the Zoning Administrator and submitted on scale-size paper, otherwise stated below:
(a) Map A, existing conditions to include:
1. Contour lines at two-foot intervals;
2. Existing vegetation;
3. Existing drainage and permanent water areas;
4. Existing structures; and
5. Existing wells.
(b) Map B, proposed operations to include:
1. Structures to be erected;
2. Location of sites to be mined showing depth of proposed excavation;
3. Location of tailings deposits showing maximum height of deposits;
4. Location of machinery to be used in the mining operation;
5. Location of storage of mined materials, showing height of storage deposits;
6. Location of vehicle parking, truck staging, queueing, or stacking area, access roads and local truck routes;
7. Location of storage of explosives, equipment, and other materials;
8. Erosion and sediment control structures;
9. Screening, berms, and proposed plantings; and
10. Location of leak containment structures, in the event of a petrochemical leak or spill.
(c) Map C, end use plan to include:
1. Final grade of proposed site showing elevations and contour lines at two-foot intervals;
2. Location and species of vegetation to be replanted; and
3. Location and nature of any structures to be erected in relation to the end use plan.
(4) A soil erosion and sediment control plan;
(5) A plan for dust and noise control;
(6) A full and adequate description of all phases of the proposed operation to include an estimate of duration of the mining operation; and
(7) Any other information requested by the Planning Commission or Zoning Administrator.
(D) Use restrictions.
(1) Mining operations shall be an interim use in the Agricultural District.
(2) The crushing, washing, refining or processing, other than the initial removal of material, shall be considered a separate interim use.
(3) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone and the storing or stockpiling of such products on the site shall be considered a separate interim use.
(4) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete and any similar production or manufacturing processes which might be related to the mining operation shall be considered as a separate interim use.
(5) The crushing, heating, storage, washing, refining, or processing of asphalt or bituminous material for the production of bituminous asphalt material shall be considered a separate interim use.
(6) A new interim use permit shall be required for any mining operation where the amount of imported material exceeds the amount of material extracted or the primary use changes from the extraction of aggregate resources to the processing of materials.
(7) The Planning Commission may impose additional performance standards as part of the interim use permit.
(E) Performance standards.
(1) General provisions.
(a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property.
(b) No sand and gravel operation shall be conducted on parcels of less than 20 acres in size. This limitation shall not apply when the tract of land is contiguous to an active mining operation, provided that both tracts are being operated by the same sand and gravel producer.
(c) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, noises and vibrations which are injurious or substantially annoying to persons living in the vicinity. All non-conforming uses shall apply for and obtain an interim use permit.
(d) All hot mix asphalt plants must utilize odor control technology or additives to reduce the odors emitted from the hot mix asphalt plant. The applicant for a hot mix asphalt plant interim use permit shall state in their application the means and methods they will be utilizing for effective odor control. Any technologies or products used must be stated in the annual report if required under § 155.100(I).
(2) Water resources.
(a) The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation.
(b) The mining operation shall not adversely affect the quality of surface or subsurface water resources.
(c) Surface water originating outside and passing through the mining district shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision.
(3) Safety fencing. Any mining operation adjacent to a residential zone or within 300 feet of two or more residential structures shall comply with the following standards.
(a) Where collections of water occur that are one and one-half feet or more in depth existing for any period of at least one month, and occupy an area of 700 square feet or more, all access to such collections of water shall be barred by a fence or some similarly effective barrier such as a snow fence at least four feet in height.
(b) In locations where slopes occur that are steeper than one foot vertical to three feet horizontal existing for a period of one month or more, access to such slopes shall be barred by a fence or some similarly effective barrier such as a snow fence of at least four feet in height.
(4) Mining access roads. The location of the intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of the public road in view so that any turns onto the public road can be completed with a margin of safety. Access roads connecting to public roads or highways shall be sufficiently wide to accommodate two-way hauling traffic. Intersections of public roads with access roads shall be maintained by the mine operator and shall be kept clean and free from mud, debris or asphalt tracked out from the mining site. Such intersections shall also be repaired by the mine operator if the public road surface or shoulders have broken down due to repeated traffic by mining trucks and equipment. The need for turn lanes, road improvements, maintenance, or repair will be determined by the road authority. Upon written notification from a local road authority directing the repair, maintenance, or other such actions due to the repeated traffic by mining trucks and equipment, the property owner or operator shall have 14 days to comply with the directives of the local road authority. If the property owner or operator fails to comply within that time, the Zoning Administrator may suspend any interim mining permit. Any suspension shall be in effect until all conditions or requirements from the local road authority are brought into compliance. No mining, extraction, or processing activities shall occur during a suspension.
(5) Screening barrier.
(a) To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier shall be maintained between the mining site and adjacent residential and commercial properties. A screening barrier shall also be required between the mining site and any public road within 500 feet of any mining or processing operations. The type and extent of the barrier shall be set by the Planning Commission. The Planning Commission may waive or alter screening requirements in this section.
(b) Existing trees and ground cover along public road frontage or property lines shall be preserved and maintained (or supplemented), for the depth of the roadside or property line setback, except where traffic safety requires cutting and trimming.
(c) Any trees or shrubs approved for use as a screening barrier must be mature and at least six feet in height. Any tree or shrub which is overcome with disease or that is deceased must be replaced with a new mature tree at least six feet in height and of the same type within 30 days. All trees and shrubs must be irrigated as needed to prevent disease or death.
(6) Setback.
(a) Processing of minerals shall not be conducted closer than 100 feet to the property line, nor closer than 500 feet to any residential or commercial structures located prior to commencement of processing operations. The processing of minerals shall not be conducted within shoreland principal structure setback distances.
(b) Mining operations, not to include berms or screening barriers, shall not be conducted closer than 30 feet to the boundary of an adjoining property line.
(c) Unless approved in writing by the applicable road authority, mining operations, not to include berms or screening barriers, shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road or highway; except that, excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway.
(7) Appearance. All buildings, structures and plants used for the production of processing of sand and gravel shall be maintained in such a manner as is practicable and according to acceptable industrial practice as to assure that such buildings, structures and plants will not become dangerously dilapidated.
(8) Days and hours of operation.
(a) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, unless otherwise specified by the Planning Commission;
(b) Any operations not conducted between the hours of 7:00 a.m. and 7:00 p.m. shall require a new or amended interim use permit. Such permits shall be granted for public or private emergency, for government work required by agency contracts, or whenever any reasonable or necessary repairs to equipment are required to be made.
(c) Operations shall include the loading and unloading of trucks and the moving and processing of materials. Trucks may enter the mining site no earlier than 6:00 a.m. and leave the mining site no later than 7:00 p.m. At no time may trucks park, queue, or stack on public rights-of-way. The Planning Commission may authorize work outside of the restrictions stated herein as part of an interim use permit hearing.
(d) Operations shall be prohibited on county designated holidays as of January 1, 2023.
(9) Dust and dirt.
(a) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions.
(b) All mining operators will be responsible for providing water or other suitable methods to control dust on roads utilized by trucks hauling to or from mining operations. Roads that require cleaning or dust control because of mining operations shall be tended to when conditions warrant, or a potential safety hazard exists.
(c) The Planning Commission may require dust control measures within mining operations when it is determined that airborne dust from extraction areas, processing activities, stockpiles, internal roads, or other mining related activities may create a public nuisance. Such dust control measures may include berming, landscaping, or enclosures for processing equipment.
(10) Signage. An information sign shall be erected at the intersection of the primary access road and the public road servicing the site identifying the name of the company or landowner responsible for the operations at the site. This sign shall also include a telephone number(s) for the company or responsible landowner, shall be clearly visible from the public road, and shall conform to the signage requirements in § 155.097 of this chapter.
(11) Other regulations. All operations must abide by all other local, state, and federal rules, laws, regulations and provisions. Any violation of these other provisions may result in the revocation of the interim use permit.
(12) Inactivity. In the event less than 10,000 cubic yards of material has been removed from the mining operation in any five-year period, as indicated through the Aggregate Removal Tax program, the Planning Commission may require a hearing to review the facility and may terminate the mining permit.
(F) Land rehabilitation. All mining sites shall be rehabilitated immediately after mining operations cease. The Planning Commission shall review and require a staged reclamation when applicable. Rehabilitation shall be complete within one year or within the terms specified in the interim use permit. The following standards shall apply.
(1) Within 12 months after completion of mining activities or after termination of the permit, all equipment, vehicles, machinery, structures, processing plants, materials, and debris shall be removed from the site.
(2) Unless otherwise stated by the Planning Commission, a minimum of four inches of clean, uncontaminated topsoil shall be placed on all final graded and rehabilitated areas. The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding area, and which will minimize erosion due to rainfall. No finished slope shall exceed 25% in grade.
(3) For reclaimed areas that include water features, the banks of such features shall be sloped to the water line at a slope no greater than two feet horizontal to one foot vertical.
(4) All restored areas shall be seeded with a mixture consistent with Minnesota Department of Transportation specifications for rights-of-way or a mixture recommended by the Wright County Soil and Water Conservation District, or returned to crop production, unless otherwise specified or approved by the Planning Commission.
(5) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.
(6) Unless otherwise amended or approved by the Planning Commission, all final grades and site restoration shall be consistent with Map C, the End Use Plan.
(G) Financial guarantee. The county shall require a performance bond, cash escrow, or irrevocable letter of credit in a form and from a financial institution acceptable to the county, to guarantee compliance with this chapter and terms and specifications of the interim use permit. The county shall have the right to use the financial guarantee to remove stockpiles, complete site rehabilitation, and correct other deficiencies or problems, in the event the owner or operator is in default of the permit obligations. The amount of financial guarantee shall be equal to $5,000 for every permitted acre or any other amount deemed acceptable by the Planning Commission. The financial guarantee may be adjusted periodically to reflect ongoing progress, at the discretion of the Zoning Administrator, and shall remain in full force and effect until all conditions of the permit have been met, including site restoration.
(H) Exceptions. A mining and extraction permit shall not be required for any of the following:
(1) Excavation for a foundation, cellar, or basement of a building or subsurface sewage treatment system, if such work has been properly permitted.
(2) Excavation by state, county, city, or township authorities in connection with construction and maintenance of roads, highways, bridges, or utilities conducted solely within the permanent easement areas or rights-of-way.
(3) Grading and removal of materials in accordance with the development of an approved plat or development, if the activity was reviewed as part of the approval process.
(I) Annual report. All property owners and operators with an active conditional or interim use permit, regardless of when the permit was issued, for mining shall submit for the previous year an annual report, on a form as provided by the Office of Planning and Zoning, to the Zoning Administrator in paper and electronic portable document format ("pdf") on or before January 31 of each year. The annual report form shall include at a minimum the following:
(1) The actual rate of mining and the remaining minable reserves which includes at a minimum the operating life of the mine, including the rate of mining and anticipated changes in that rate, and the factors used to determine the minable reserves and changes which would expand or diminish such reserves;
(2) The actual mining activities including the types, amounts, sequence, and schedule for mining the material on site and stockpiling materials, including the distinctions among all aggerate resources and waste material;
(3) The actual reclamation activities including the methods, sequence, and schedules of reclamation which address the goals and meets the requirements of this chapter and any conditions of the permit held on file with the Wright County Office of Planning and Zoning; and
(4) The amount and type of imported aggregate and imported material brought to the property; and
(5) A map which depicts the status of mining, construction, reclamation, and watershed modifications, at a scale which is normally used by the operator for the mine planning purposes, which:
(a) defines the shape and extent of the aggregate material which will support the operating life of the mine; and
(b) identifies all known and inferred mineral reserves or resources which are located within the mining area but which have not been included as part of the mining plan;
(c) identifies lands proposed for use as vegetative reference and screening areas, depict the detailed drainage patterns for waters which may contact leachable materials; and
(d) depicts at appropriate intervals, approved by the Zoning Administrator, the status of: all mining (including shape, extent, and content) and reclamation (including contouring, dust control, temporary stabilization, vegetation, and deactivation) of each: stockpile, basin, mine, drainage control, settling basin, and auxiliary facilities.
(6) Failure to timely file an annual report is prima facia evidence that the gravel operation is inactive.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.101 LAND ALTERATIONS.
(A) Permit required.
(1) A land alteration permit shall be required in all cases where excavation, grading and/or filling of any land within the county would result in a substantial alteration of existing ground contour or would change existing drainage or would cause flooding or erosion or would deprive an adjoining property owner of lateral support and would remove or destroy the present ground cover resulting in less beneficial cover for present and proposed development, uses and enjoyment of any property in the county.
(2) (a) Substantial alteration shall be defined as the extraction, grading or filling of land involving movement of earth and materials in excess of 50 cubic yards in the shorelands districts, and in excess of 500 cubic yards in all other districts except drain tiles and ditch cleaning in agricultural areas. Such substantial alteration shall require a conditional use permit.
(b) The creation of wildlife ponds, pollution control structures and erosion control structures shall not require a conditional use permit, provided that said construction is approved by an official of the Soil and Water Conservation District and abides by all other applicable rules, regulations and ordinances.
(3) The extraction, grading or filling of land involving the movement of earth and materials in excess of ten cubic yards within shore, bluff impact zones or steep slopes in shoreland areas shall require an administrative permit, but not a conditional use permit.
(4) Public road improvement projects, and grading and excavation directly related to such projects (not to include gravel pits), shall not require a land alteration permit; provided, the work is directly supervised by the County Engineer or the governing body of a local unit of government.
(5) A land alteration permit is also required from the county and from the Commissioner of Natural Resources for any alteration in the Floodplain District and the Shorelands Districts. Such alteration shall include any filling, dredging, channeling or any other work in the beds of public waters which would change the course, current or cross-section of a public water.
(6) A land alteration permit shall be valid for a period of six months from the date of issue. A land alteration permit shall be administered in the same manner as a conditional use permit.
(B) Requirements. Before the issuance of a land alteration permit or an administrative land alteration permit, it must be established that all of the following conditions are met. These conditions must also be adhered to during the issuance of construction permits, permits, conditional use permits, interim use permits, variances and subdivision approvals.
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (this evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, the state’s Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised):
(a) Sediment and pollutant trapping and retention;
(b) Storage of surface runoff to prevent or reduce flood damage;
(c) Fish and wildlife habitat;
(d) Recreational use;
(e) Shoreline or bank stabilization; and
(f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals or others.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. §§ 103G.301 through 130G.315, as it may be amended from time to time.
(10) Alterations of topography must only be allowed if they are accessory to permitted, interim, or conditional uses and do not adversely affect adjacent or nearby properties.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(C) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, require a conditional use permit. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.102 SINGLE-FAMILY DWELLING STANDARDS.
In order to prevent blight, to protect the general welfare and property values, and to ensure reasonable consistency with existing housing styles and designs, the following minimum standards shall apply to all single-family dwellings, in addition to any other standards or conditions contained within this chapter.
(A) Building shall be anchored to a permanent concrete or treated wood foundation, in accord with the Minnesota State Building Code standards.
(B) The minimum width of the structure shall be 24 feet, as measured across the narrowest portion. Width measurements shall not take into account overhangs, nor other projections beyond principal walls.
(C) There shall be a minimum 3:12 roof pitch with a minimum 12-inch soffit. Alternative roof styles may be approved by the Building Inspector based on generally accepted construction practices, building codes and the nature of the surrounding neighborhood. Unadorned flat roofs shall be prohibited.
(D) Only new units shall be permitted. The relocation of previously occupied units shall require a conditional use permit.
§ 155.103 RULES AND DEFINITION OF HOME EXTENDED BUSINESS.
(A) Business must be located on the homestead of the business operator.
(B) No more than one employee in addition to the owner/operator and family members residing at the homestead.
(C) All work and work related items shall be kept in an enclosed structure. In very limited circumstances, the Planning Commission may allow for the storage of items in a fully enclosed fence. Trees, plants, and bushes do not qualify as fencing; but these items may be required as part of an overall landscaping plan.
(D) Shall provide two parking spaces per employee of one space for each 400 square feet of building area, whichever is greater.
(E) Excessive noise levels are prohibited (that which may be considered a nuisance, L10 at 55 dBA decibels as regulated by NPC regulations).
(F) Lot coverage must comply with all zoning standards.
(G) Site must be capable of supporting on-site sanitary facilities, sewer and water.
(H) All effluent consisting of any liquid, gaseous or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water or air unless it is at a location determined appropriate by the Planning Commission, Planning Staff and/or Pollution Control Agency.
(I) The operator must properly dispose of all waste including, but not limited to, garbage, decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal and all other substances.
(J) Working hours shall be set by the County Planning Commission.
(K) A business sign shall be permitted which is no larger than 35 square feet; it may not be illuminated.
(L) If located on a township road and determined necessary by the town board, a letter of agreement containing any dust control measures determined necessary by the township shall be provided prior to issuance of the interim use permit and renewed annually (January 1 of every year).
(M) All posted road limits shall be obeyed.
(N) Distance from building to next residence shall be at least 500 feet.
(O) Must be outside of platted areas.
(P) Building shall be no larger than 2,000 square feet.
(Q) After four founded nuisance or permit violation complaints have been made and verified with written notice to the holder of the interim use permit or at any time upon the written request of the town board a hearing shall be called to re-consider the interim use permit within 60 days.
(R) Building must conform to present buildings and to neighborhood.
(Ord. 16-6, passed 10-18-2016; Ord. 23-1, passed 5-2-2023)
§ 155.104 PERFORMANCE STANDARDS FOR RETREAT CENTERS.
(A) Size and density for residential buildings. A retreat center must be located on a parcel of land which includes at least 40 contiguous acres. The number of residential buildings may not exceed the number of residences on the land as allowed by the underlying zoning district, but may include the number that would be allowed by transferring entitlements from contiguous property as defined in section § 155.048 of this chapter, but not any extra units that may have accrued to a rural PUD as defined in § 155.059 of this chapter. For as long as the retreat center operates, there shall be no other residential buildings, nor subdivisions allowed on the land designated for the retreat center. The residential buildings shall be detached from any communal facilities, accommodations for sleeping and sanitation may be provided. The residential buildings shall not be dwelling units, and shall not include kitchen facilities; except that, one unit may be approved as a residence for a caretaker and family. Other than a caretaker’s residence, no one person or family may occupy the residential buildings (one, or more than one in combination) for more than 30 days per year. Each residential building shall be detached from every other residential building. Except for a caretaker’s residence, no residential building shall exceed 750 square feet of total floor area. No dormitories, apartments, condominiums, nor any other type of multiple dwelling units, are allowed. Each residential building shall be accessible to emergency service vehicles by path or private road, but internal improved streets are not required.
(B) Communal facilities.
(1) All structures not defined as residential buildings shall be communal facilities, which may include a nature center, conservatory, interpretive center, exhibit, museum, library or closely related use. One communal facility may provide common showers, bathrooms and kitchen and dining facilities for guests at the retreat center, but no food service nor restaurant may be open to the public. The communal facilities shall not be used as dwelling units, nor motel, hotel, dormitory, rooming house nor any residential occupancy. In no case shall the number of communal facilities exceed three. Buildings used for communal facilities shall not exceed a total of 10,000 square feet of floor space for all such facilities combined.
(2) Only one communal facility shall be used as an interpretive center, museum, library or similar use, and the hours of operation and programming shall be consistent with a retreat center as defined in this chapter, and as approved by the Planning Commission as part of the interim use permit. The communal facility buildings shall be principally, but not exclusively, for the use of the persons occupying the residential buildings. The one communal facility which may be used as an interpretive center, museum, library or similar use may be available to private guests of the owner of the retreat center, and to the general public only at such hours and days as approved in the interim use permit and as consistent with the location in a rural area.
(3) Unless the retreat center contains only one structure, there shall not be a separate lot of record for each structure (no lot divisions). Parking requirements shall be included in the terms of the interim use permit, but the retreat center shall provide at least two parking spaces at any communal facility, and at least two off-street parking stalls for each residential building.
(C) Other standards and requirements.
(1) Any use allowed in the zoning district as a conditional or interim use may only be allowed with the retreat center if expressly included in the interim use permit for the retreat center; except that, commercial outdoor recreation uses are not allowed within the area of the retreat center. The performance standards of §§ 155.047(F) and 155.048(F) of this chapter shall apply; except that, a separate lot shall not be required nor permitted for each structure, and that commercial outdoor-commercial recreation use is not included in the retreat center. Commercial campgrounds and recreation vehicle camps are not allowed, but camping sites may be provided as long as occupancy (number) does not exceed the number that would be allowed if each camping site was a residential building/unit (one family each).
(2) Yard requirements (§§ 155.047(F)(3) through (7) and 155.048(F)(2) through (4) of this chapter), shall not apply to each building and shall only to the retreat center as a whole. Clustering of the buildings on the site shall be allowed, as long as the total number of structures does not exceed the number that would be allowed if the retreat center land was divided into the maximum number of lots permitted in the underlying district for that amount of land. Residential buildings may be clustered as such, but must remain as detached structures with no common walls.
(Ord. 23-1, passed 5-2-2023)
§ 155.105 FARMLAND PRESERVATION PROPERTY TAX CREDIT PROGRAM.
(A) Purpose.
(1) The property tax credit program is enacted to assist in the preservation of commercial agricultural uses and the rural environment necessary for continuing agricultural practices.
(2) The County program is enacted to carry out the goals within M.S. Ch. 40A, Agricultural Land Preservation Program, as it may be amended from time to time, and the County Land Use Plan.
(B) Eligibility.
(1) Any and all eligibility requirements contained within M.S. Ch. 40A, as it may be amended from time to time, are incorporated herein by reference, and shall apply as if set forth herein.
(2) Only legally created parcels, lots or lots of record which are designated as Agricultural or Agricultural/Residential in the County Land Use Plan shall be eligible. In those cases where a lot or parcel may lie within two different designations in the Land Use Plan, the land will be eligible; provided:
(a) The majority of the parcel is designated as Agricultural or Agricultural/Residential; and
(b) No part of the parcel is designated as a major growth area.
(3) Only lands which lie entirely within the AG - General Agriculture Zoning District (§ 155.048 of this chapter) shall be eligible. A residential density no greater than one residence per 40 acres shall be maintained, however, residences existing prior to the adoption of this section shall not preclude eligibility.
(4) Lands enrolled in the program must be legally created parcels, lots or lots of record which are at least 35 acres in size. Smaller parcels may be enrolled subject to approval by resolution of the County Board; provided that:
(a) The smaller parcels adjoin other parcels being enrolled in the program to provide a total greater than 35 acres in size;
(b) No such parcel may be withdrawn from the program except in conjunction with similar parcels with total at least 35 acres in size; and
(c) No such parcel may be used as a new residential building site despite any eligibility granted by this chapter, unless an overall density of one residence per 40 acres is maintained.
(5) Parcels, lots or lots of record may not be subdivided for the purpose of enrolling only part of the property in the program while retaining other parts for development or other non-agricultural uses. Divisions which strictly comply with the provisions of § 155.048 of this chapter may take place before or after enrollment in the program.
(6)
Lands lying within any township which has adopted its own zoning ordinance may be eligible, provided, all of the eligibility requirements are met, the local zoning complies with county zoning requirements and approval is obtained, in writing, from the township board of supervisors.
(C) Procedure/application.
(1) Requirements for application and inclusion in an exclusive agricultural use zone, as defined in M.S. Ch. 40A, as it may be amended from time to time, and for obtaining the benefits thereof, shall include all those set forth in said Ch. 40A, and shall be adopted herein by reference.
(2) An application fee for processing the application shall be set by the County Board. In addition, the applicant shall be required to pay all necessary fees charged by the County Recorder.
(D) Benefits and restrictions. The benefits and restrictions which apply to property enrolled in exclusive agricultural use zones shall be as set forth in M.S. Ch. 40A, as it may be amended from time to time, and shall be incorporated herein by reference.
(E) Duration and termination. The duration and termination of an exclusive agricultural use zone shall be as set forth in M.S. Ch. 40A, as it may be amended from time to time, and shall be incorporated herein by reference.
(Ord. passed 8-30-1988; Ord. 18-4, passed 6-19-2018)
§ 155.106 ANTENNAS AND SUPPORT STRUCTURES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ANTENNA, PERSONAL WIRELESS SERVICE. A device consisting of a metal, carbon fiber or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the wiring, related ground equipment and the support structure thereof.
(2) ANTENNA, MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless communications, and including the wiring, related ground equipment and the supporting structure thereof.
(3) ANTENNA, RADIO AND TELEVISION BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the wiring, related ground equipment and the support structure thereof. (Allowed by interim use in the I-1 District only.)
(4) ANTENNA, RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television or electromagnetic waves, and including the supporting structure thereof.
(5) ANTENNA, SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the wiring, related ground equipment and support structure thereof.
(6) ANTENNA, SHORT-WAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used for the transmission and reception of radio waves used for non-commercial short-wave radio communications, and including the supporting structure thereof.
(7) ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of electromagnetic energy.
(B) General standards. The following standards shall apply to all antennas.
(1) All obsolete and unused antenna shall be removed within 12 months of cessation of use, unless a written exemption is granted by the Zoning Administrator.
(2) All antenna shall be in compliance with all federal, state and local building, electrical and other relevant code requirements.
(3) Structural design, mounting and installation of any antenna support structure shall be in compliance with manufacturer’s specifications. The construction plans and design of any antenna requiring a permit shall be verified and approved by a registered professional engineer.
(4) No advertising message, nor identification, shall be affixed to any antenna structure.
(5) Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public health and safety. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines. Guy wires within ten feet of the ground surface must be fenced within an enclosure or maintained with a cover of highly reflective material to prevent accidental collision.
(6) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state or local agency licenses or proof of application thereof.
(7) Antenna support structures under 200 feet in height shall be painted or coated silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. Silver or galvanized finishes shall be required unless the setting or natural surroundings can be used to justify another color.
(8) No land may be subdivided for the purpose of providing space for any antenna unless all lot size requirements for the relevant zoning district are met and subdivision approval is obtained.
(9) No antenna to be used for any commercial purpose shall be placed on any land enrolled in the exclusive agricultural use zone Farmland Preservation Property Tax Credit Program pursuant to § 155.105 of this chapter.
(10) The addition of antennas and associated equipment of an additional provider to an existing legal structure shall be considered co-location and not require an amendment to the interim use permit.
(C) Permitted and accessory uses.
(1) Radio and television receiving antennas and satellite dish antennas shall be permitted in all districts and shall not require any permit provided the following standards are met.
(a) Antennas and necessary support structures, monopoles or towers may extend a maximum of 15 feet above the building height restriction for the affected zoning district.
(b) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(c) The installation of more than one support structure per property shall require the approval of an interim use permit.
(d) Satellite dish antennas larger than two meters in diameter must meet all building setback standards, and dishes over three meters in diameter are prohibited in all Residential and Shoreland Districts.
(2) Private short wave radio antennas, and other private radio transmitting or receiving antennas are allowed in all districts; provided that, the following standards are met.
(a) The maximum support structure height shall be 75 feet and all other standards of division (B) above must be met.
(b) A use and building permit shall be required in accord with § 155.030 of this chapter.
(c) Radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Antenna mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications.
(d) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(D) Personal wireless service and microwave antennas.
(1) Residential and Shoreland Districts.
(a) Antenna and support structures shall not exceed 75 feet in height in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts.
(b) Commercial antennas (other than co-location) and support structures of any type in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts shall require an interim use permit and be subject to all other requirements for an interim use listed in division (E) below.
(c) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(2) Agricultural Districts (AG, General Agriculture and A/R, Agricultural/Residential).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than the height of the structure.
(3) Commercial Districts (B-1, B-2 and I-1).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than one-half the height of the structure, exceptions to such setback may be granted if a structural engineer licensed in the state specifies in writing that any failure or collapse of the structure will occur within a lesser distance under all foreseeable circumstances.
(E) Standards and requirements for interim use permits.
(1) Information required with application. In addition to the standard application materials required by § 155.031 of this chapter for an interim use permit, no application for an antenna shall be complete unless the following data has been submitted.
(a) Documentation of the area to be served, including a search ring for the antenna location. A narrative describing a search ring (with not less than a one-half mile radius) for the request clearly explaining why the site was selected and what existing (over 100 feet in height) structures were available and why they are not suitable as locations or co-locations.
(b) Documentation that the communications equipment planned for the proposed structure cannot be accommodated on any existing or approved structure within the search ring of the service area due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved structure or building, as documented by a qualified structural engineer, and the existing or approved structure cannot be reinforced or modified to accommodate planned equipment at a reasonable cost (or within a reasonable time);
2. The planned equipment would cause interference with other existing or planned equipment at location as documented by a qualified radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
3. No existing or approved structures or buildings within a half-mile radius meet the radio frequency (RF) design criteria;
4. Existing or approved structures and buildings within a one-half mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency (RF) engineer; or
5. A good faith effort to co-locate on existing structures within a one-half mile radius was made, but an agreement could not be reached.
(c) An agreement stating that structures over 130 feet tall will be designed for not less than three users (including the applicant) with applicant and property owner commitment to co-location on reasonable market terms in good faith; any prohibition of additional users on a tower will be considered a violation of the interim use permit. The agreement shall also include a statement that any unused or obsolete tower shall be removed by the property owner and/or applicant. Said agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(2) Standards and conditions. In addition to any terms or conditions applied as a result of the process for issuing an interim use, the following standards shall apply to all antenna and support structures unless specifically waived by the Planning Commission.
(a) Antenna and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable codes. Antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(b) Antenna support structures shall be constructed of, or treated with, corrosive resistant material.
(c) Any proposed support structure over 130 feet in height shall be designed, in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users. To allow for future rearrangement of antennas, the structure shall be designed to accept antennas mounted at no less than ten-foot intervals. Support structures less than 130 feet and greater than 75 feet in height shall be designed for a total of two users.
(d) All support structures shall be reasonably protected against unauthorized climbing. The bottom of the structure (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and shall be enclosed with a minimum of an eight-foot high chain link fence with a locked gate.
(e) All antennas and support structures shall utilize building materials, colors, textures, screening and landscaping that blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible.
(f)
No part of any antenna or support structure, nor any lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right-of-way, public street, highway or sidewalk, unless specifically approved by the county.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.107 WIND ENERGY CONVERSION SYSTEMS.
(A) Purpose. This chapter is established to regulate the installation and operation of wind energy conversion systems (WECS) within the county not otherwise subject to siting and oversight by the state under M.S. Ch. 216F, as it may be amended from time to time.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AGGREGATE PROJECT. Those which are developed and operated in a coordinated fashion, but which may have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the
facility may be owned by a separate entity, but are also included as part of the AGGREGATE PROJECT.
(2) COMMERCIAL WECS. A WECS of equal to or greater than 40 kW in total nameplate generating capacity.
(3) FALL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
(4) FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS.
(5) METEOROLOGICAL TOWER. For the purpose of this chapter, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the state’s Department of Transportation or other similar applications to monitor weather conditions.
(6) MICRO-WECS. Micro WECS are WECS of five kW nameplate generating capacity or less.
(7) NON-COMMERCIAL WECS. A WECS of more than five, but less than 40 kW in total name plate generating capacity.
(8) PUBLIC CONSERVATION LANDS. Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including, but not limited to, county parks, state wildlife management areas, state parks, state scientific and natural areas, federal wildlife refuges and waterfowl production areas. For the purpose of this section, public conservation lands will also include lands owned in fee title by non-profit conservation organizations. PUBLIC CONSERVATION LANDS do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations.
(9) ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
(10) SUBSTATIONS. Any electrical facility designed to convert electricity produced by the wind turbines to a voltage greater than 35,000 volts (35 KV) for interconnection with high voltage transmission lines shall be located outside of the road right-of-way.
(11) TOTAL HEIGHT. The height of a WECS as measured from ground level to the highest point reached by a rotor tip or any other part of the WECS.
(12) TOWER. Vertical structures that support the electrical generator, rotor blades or meteorological equipment.
(13) TOWER HEIGHT. The total height of the WECS exclusive of rotor blades.
(14) TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electrical energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
(15) WIND TURBINE. Any piece of electrical generating equipment that converts kinetic energy of blowing wind into electric energy through the use of airfoils or similar devices to capture the wind.
(C) Applications.
(1) All applications for micro WECS, non-commercial WECS and meteorological towers shall include the following information:
(a) The name of project applicant;
(b) The name of the property owner;
(c) The legal description and address of the property;
(d) A description of the project including: number, type, nameplate generating capacity, tower height, rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid;
(e) Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include separation/setback distances and be drawn to scale;
(f) Plan designed by a state licensed engineer for footings and structure;
(g) Documentation of land ownership or legal control of the property; and
(h) Life expectancy of the WECS and proposed abandonment date.
(2) All applications for commercial WECS shall also include:
(a) The latitude and longitude of individual wind turbines;
(b)
A half-section map of the property and surrounding area, including any other WECS within a quarter mile of the proposed WECS;
(c)
Location of wetlands and natural areas (including bluffs) within one-quarter mile of the proposed WECS;
(d) FAA permit application;
(e) Evidence of power purchase contracts;
(f) Location of all known communication towers within two miles of the proposed WECS;
(g) Decommissioning plan;
(h) Description of potential impacts on nearby WECS and wind resources on adjacent properties;
(i) Road and grading plans, including drainage and erosion control measures; and
(j) A National Pollutant Discharge Elimination System (NPDES) permit, if required.
(D) Aggregated projects. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and, as appropriate, approvals. Permits will be issued and recorded separately. Joint applications will be assessed fees as one project. The state’s Public Utilities Commission shall be the site permitting authority for all WECS with a nameplate generating capacity of five megawatts or more.
(E) District regulations.
District | Micro- WECS | Non- Commercial WECS | Commercial WECS | Meteorological Tower |
District | Micro- WECS | Non- Commercial WECS | Commercial WECS | Meteorological Tower |
AG General Agriculture | Permitted* | Permitted* | Interim use permit | Permitted* |
AR Ag/Residential | Permitted* | Interim use permit | Prohibited | Prohibited |
B1 Highway Business | Permitted* | Interim use permit | Interim use permit | Permitted* |
B2 General Business | Permitted* | Interim use permit | Interim use permit | Permitted* |
I1 General Industry | Permitted* | Interim use permit | Interim use permit | Permitted* |
R1 Urban Rural Transition | Prohibited | Prohibited | Prohibited | Prohibited |
R2 Suburban Residential | Interim use permit | Prohibited | Prohibited | Prohibited |
R2a -Suburban Residential (a) | Interim use permit | Interim use permit | Prohibited | Prohibited |
Shoreland Overlay | Prohibited | Prohibited | Prohibited | Prohibited |
WS Wild and Scenic | Prohibited | Prohibited | Prohibited | Prohibited |
NOTES TO TABLE: *Any WECS support tower or meteorological tower 130 feet or more in height shall require an interim use permit. | ||||
(F) Setbacks; wind turbines, tower and related structures.
Micro-WECS | Wind-Turbine – Non-Commercial WECS | Wind Turbine – Commercial WECS and Meteorological Towers |
Micro-WECS | Wind-Turbine – Non-Commercial WECS | Wind Turbine – Commercial WECS and Meteorological Towers | |
Bluffs | 1,000 feet | 1,000 feet | 1,000 feet |
Existing WECS | 300 feet | 750 feet | 750 feet |
Neighboring occupied structures | 1.5 times the total height | 750 feet | 1,000 feet |
Other rights-of-way (railroads, power line and other easements) | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Other structures | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Property lines | 1.1 times the total height | 1.1 times the total height | 1.5 times the total height |
Public conservation lands | 1.1 times the total height | 1.1 times the total height | 600 feet |
Road rights-of-way | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Wetlands, USFWS Types III, IV and V | 1.1 times the total height | 1.1 times the total height | 600 feet |
NOTES TO TABLE: Minimum setback standards for substations and feeder lines shall be consistent with the standards for essential services established in § 155.098 of this chapter or as established in the underlying zoning district, whichever is more restrictive. | |||
(G) Requirements and standards.
(1) Safety design standards.
(a) Engineering certification. For all WECS, the manufacturer’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(b) Clearance. Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground.
(c) Warnings.
1. For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. The signs must include emergency contact information.
2. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of ten feet above the ground. Visible fencing around the anchor points of guy wires may be substituted for the above referenced markers.
3. All towers and support structures shall be reasonably protected against unauthorized climbing. The bottom of the structure (measured from ground level to 14 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and/or shall be enclosed with a minimum of an eight-foot chain link fence with a locked gate. The chain link fence will meet the requirements of the 2012 IBC 3109.4.1.5. Depending on design, monopole structure may be exempt for the fence requirement.
(2) Standards.
(a) Any WECS support tower or meteorological tower 130 feet or more in height shall require an interim use permit.
(b) Non-commercial WECS shall have a total height of less than 200 feet.
(c) All wind turbines which are part of a commercial WECS shall be installed with a tubular, monopole type tower.
(d) Meteorological towers must be guyed.
(e) All wind turbines and towers that are part of a commercial WECS shall be white, gray, or another non-obtrusive color. Blades may be black in order to facilitate de-icing. Finishes shall be matte or non-reflective.
(f) Lighting, including lighting intensity and frequency of strobe, shall adhere to, but not exceed, requirements established by the Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination. Red pulsating incandescent lights should be avoided.
(g) All signage on-site shall comply with § 155.097 of this chapter. The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical generator of the WECS.
(h) All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried.
(i) Solid and hazardous wastes, including, but not limited to, crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(j) A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the County Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to ground level within 90 days of the discontinued use.
(k) Each commercial WECS shall have a decommissioning plan outlining the anticipated means and costs of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimate shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
(l) Upon issuance of an interim use permit, all commercial WECS shall notify the Environmental Quality Board Power Plant Siting Act program staff of the project location and details on the survey form specified by the Environmental Quality Board.
(m) All WECS shall comply with Minn. Rules Ch. 7030 governing noise.
(n) All WECS shall comply with Federal Aviation Administration (FAA) standards and permits.
(o) All WECS shall comply with the Building Code adopted by the state.
(p) Applicants for WECS shall be responsible for restoring or paying damages to all applicable road authority sufficient to restore the roads and bridges to preconstruction conditions.
(q) The applicant for a WECS shall be responsible for the immediate repair or damage to public drainage systems stemming from the construction, operation or maintenance of the WECS.
(r) Guy wires and guy wire anchors shall not be erected within public or private easements and shall be setback a minimum of five feet from all property lines.
(s) No land may be subdivided for the purpose of providing space for any WECS unless all lot size requirements for the relevant zoning district are met and subdivision approval is obtained.
(3) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals caused by any WECS. The applicant shall notify all communication tower operators within five miles of the proposed WECS location upon application to the County for permits. No WECS shall be constructed so as to interfere with the county or the state’s Department of Transportation microwave transmissions.
(4) Abandonment.
(a) At such time that a WECS is scheduled to be abandoned or discontinued, the applicant will notify the building inspector by U.S. mail of the proposed date of the abandonment or discontinuation of operations.
(b) Upon abandonment or discontinuation of use, the owner or applicant shall physically remove any small wind energy system greater than 130 feet in height within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Inspector. PHYSICALLY REMOVE shall include, but not be limited to:
1. Removal of the wind generator, tower and all related above-grade structures; and
2. Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.
(c) In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous 12-month period. After the 12 months of inoperability, the building inspector may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice within 30 days from receipt of notice. After review of the information provided by the owner, the Building Inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Building Inspector shall withdraw the notice of abandonment and notify the owner of the withdrawal.
(d) If the owner fails to respond to the notice of abandonment or if, after review by the Building Inspector, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the system shall physically remove the system at the owner’s sole expense within 90 days of the receipt of the notice of abandonment. If the owner fails to physically remove the
system after the notice of abandonment procedure, the building inspector may pursue legal action to have the small wind energy system removed at the owner’s expense.
(Ord. passed 12-1-2015; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
§ 155.108 SOLAR ENERGY FARMS AND SOLAR ENERGY SYSTEMS.
(A) Purpose. The purpose of this section is to set forth standards for solar energy farms and solar energy systems for the county. It is the intent of the county in adopting this section that solar energy farms are a temporary use and interim in nature and the property be returned to its agricultural use at the conclusion of the interim use permit for all solar energy farms.
(B) Definitions.
SOLAR ENERGY FARMS. Solar energy farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and have an alternating current (AC) rated capacity greater than 200 kilowatts AC. Solar energy farms require an interim use permit. Solar energy farms are allowed up to eight megawatts AC. Solar energy farms are a temporary use and interim in nature and cannot exceed 30 years.
SOLAR ENERGY SYSTEMS. Solar energy systems are any combination of solar panels on a parcel of property with a combined energy rated capacity not to exceed 200 kilowatts AC. Solar energy systems 40 kilowatts AC and under are permitted as accessory uses in all zoning districts. Solar energy systems over 40 kilowatts AC and not exceeding 200 kilowatts AC in all zones except for General Agriculture (AG) require an interim use permit.
UTILITY INTERCONNECTION. Point where the solar energy system or solar energy farm connects to the utility company system.
(C) Solar energy farms requirements and standards. Solar energy farms shall be subject to the following performance standards and restrictions:
(1) Residential districts prohibited. Solar energy farms are prohibited in residential districts.
(2) Height at maximum design tilt. Solar energy farms in Agricultural, Commercial and Industrial Zoning Districts may not exceed 20 feet in height at maximum design tilt.
(3) Location within lot. A solar energy farm must meet the primary structure setbacks for the zoning district in which it is located. A minimum setback distance of 100 feet is required to all adjacent primary residential structures, public trail, park, waterfowl production areas and wildlife management areas. Setbacks will be measured from the closest point of the project, which shall include any perimeter fencing. The Planning Commission may require greater setback distances.
(4) Land alterations. The Planning Commission shall review the associated land alteration for a solar energy farm and issue an interim use permit for that land alteration as part of the request for the solar energy farms interim use permit. Excavation plans must include proposed vegetation removal such as trees or other prominent natural vegetation and alteration of soils. No more than three acres or 7% of the project area, whichever is greater, of trees may be removed from any site. Under no circumstances can tree removal be more than 50% of the project area. Limited excavation may be allowed only where a road, berm, or other solar infrastructure, excluding panel locations, are proposed as deemed necessary by the Planning Commission.
(5) Screening and vegetation. A screening barrier will be required and maintained between the solar project and adjacent residences. It may also be required along roadways if the Planning Commission deems it necessary. Screening is required to be planted on the outside of the solar farms perimeter fence where deemed necessary by the Planning Commission. The Planning Commission may require additional screening between solar energy farms and adjoining properties. Perennial vegetative cover shall be established within 60 days of the completion of the project. Once the interim use permit has been issued the solar company and property owner are responsible for proper vegetative maintenance. Noxious weeds are prohibited from growing on the property. The Planning Commission may create a condition specifying the type of vegetative cover to be used for the project, this requirement may include the requirements stated in M.S. § 216B.1642.
(6) Storm water management; zoning code. Storm water management shall meet the requirements of this chapter and the State of Minnesota.
(7) Erosion and sediment control; zoning code. Erosion and sediment control shall meet the requirements of this chapter and the State of Minnesota.
(8) Foundations. The manufacturer's engineer or another qualified engineer shall certify that the foundation and design of the solar panels are within accepted professional standards, given local soil and climate conditions.
(9) Other standards and codes. All solar energy farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code and National Electric Safety Code as amended. The current property owner is required to sign all building permit applications.
(10) Onsite internal power and communication lines. Internal power and communication lines running among banks of solar panels to the point of utility interconnection or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning Commission in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
(11) Onsite external power and utility interconnection. All grounding transformers, the utility interconnection to the main electrical grid, electrical meters, main service meters, protective relays, reclosers, and any other similar electrical meter, regulator, control, or shut off device shall be ground-mounted unless specifically permitted to be aerially mounted by the Planning Commission. Utility poles associated with each solar energy farm shall be limited to up to one general utility pole and one additional pole for each permitted megawatt AC of electricity. The Planning Commission may require fewer utility poles. Utility poles legally permitted in any road right-of-way or which are currently existing are not included in this calculation. The proposed placement of all utility poles and any proposed aerially mounted equipment shall be shown in any proposed plans submitted. The Planning Commission shall specifically approve the placement of all utility poles outside of the road right-of-way.
(12) Internal service roads. All constructed internal roads will be allowed under limited circumstances as deemed necessary by the Planning Commission for the project area. If allowed all aggregate internal service roads will be required to have a road grade geotextile fabric below the surface of the aggregate to allow for removal of the road to reclaim the property back to its original state. The Planning Commission may allow for exceptions to the reclamation standard in situations in which the property owner files an affidavit asserting the road will have an agricultural or commercial value at the conclusion of the solar energy farm permit.
(13) External roads and road access. Before a permit is issued a written agreement by the applicable road authority must be submitted to the Planning and Zoning Department for the approval of any road right-of-way construction. The road authority may require a separate bond or letter of credit for the maintenance of external roads adjacent to the project area. This bond or letter of credit may be held by the road authority or the county.
(14) Agreement for decommissioning and public infrastructure.
(a) As part of the conditions for all solar energy farms, the Planning Commission shall require all applicants and property owners to enter into an agreement with the county for protection from the developer and property owner of all public infrastructure and to require security for the ongoing maintenance of the site during the permit, for the abatement of noxious weeds and ordinance violations, for the maintenance and protection of beneficial storm water drainage from surrounding parcels of real property, and for the decommissioning and reclaiming of the property.
(b) Prior to receiving an application for a building permit or making any improvements to the property the applicant and property owner shall enter into a contract in writing with the county requiring the applicant to indemnify the county for damage to any public improvements or infrastructure at the applicant's sole cost and in accordance with the county's specifications and usual contract conditions.
(c) The agreement shall require the applicant to create an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the County Attorney, County Engineer, and County Administration. The amount of the deposit or security is to be based upon the estimate of the total cost to remove any infrastructure and reclaim the property to its original condition at the conclusion of the solar energy farm. The salvage or resale value of the infrastructure shall not be used in calculating any offset or credit against the estimate of the total cost to remove the infrastructure and reclaim the property to its original condition. The deposit or security shall equal 150% of the estimate of all costs to remove any infrastructure and reclaim the property, plus any amount deemed necessary by the County Engineer to protect any public infrastructure during the construction or decommissioning of this project. This amount may be reduced or increased upon approval of a County Board resolution based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than 50% of the estimate. On request of the applicant, if evidence is presented that the described work and improvements have been paid for, the amount of the deposit may be reduced in a sum equal to the estimated cost of the reclamation work so completed. The escrow or irrevocable letter of credit shall be reimbursed or reissued within 90 days in the event the county authorizes or uses any funds in the escrow to correct or abate any violations of the interim conditional use permit, the agreement, noxious weed regulations, or the zoning ordinance. Failure to reimburse the escrow account or reissue the irrevocable letter of credit shall be considered a violation of the interim condition use permit, whether listed as a specific condition or not, and a reason for revoking the interim condition use permit.
(d) The agreement shall provide that the County Board may allow an adjoining owner of real property to receive reimbursement from the escrow deposit or irrevocable letter of credit in the event a property owner receives a final judgment or order from a court of competent jurisdiction finding the solar energy farm has damaged or altered the beneficial drainage of surface or tiled storm water discharged from adjoining real property.
(15) Application requirements. The following information shall be provided to the County Planning and Zoning Department for application of an interim use permit:
(a) A site plan of existing applicable conditions showing the following:
1. Existing property lines and property lines extending 100 feet from the exterior boundaries.
2. Existing public and private roads and any easements.
3. Location and size of any abandoned wells and sewage treatment systems.
4. Existing buildings and any impervious surface.
5. Topography at two-foot intervals and source of contour interval, unless determined otherwise by the County planning and Zoning Department.
6. Existing vegetation.
7. Waterways, watercourses, lakes and wetlands.
8. The 100-year flood elevation and regulatory flood protection elevation, if available.
9. Floodway, flood fringe and/or Flood Plain (FP) District boundary, if applicable.
10. The Shoreland District boundary, if any portion of the project is located in a Shoreland District.
11. In the Shoreland District, the ordinary high water level.
12. In the Shoreland District, the toe and top of a bluff within the project boundaries.
13. Surface water drainage patterns.
14. Location of existing drain tiles. When a drain tile is located on the site it shall be avoided whenever possible. All drain tiles located on the property must be replaced if they are found to be broken or in need of repair.
15. An aerial map demonstrating the proposed solar farm complies with all setback requirements. The map at a minimum shall include accurate measurement rings, boxes or other survey measurements as approved by the Zoning Administrator.
16. A certified or sworn statement by the applicant which includes a full listing and disclosure of all materials and substances which are included in the construction of the solar panels that will be placed on the property. This statement will need to be reaffirmed and redisclosed at the time the building permit application is filed.
(b) Site plan of proposed conditions:
1. Planned location and spacing of solar panels.
2. Planned location of access roads.
3. Planned location of all utility poles and underground or overhead electric lines connecting the solar energy farms or solar energy systems to the point of interconnection. The location of any utility poles shall also be shown on the site plan.
4. Planned new electrical equipment other than at the existing building or substation that is the connection point for the solar energy farm.
6. Proposed screening plan and vegetation plan for the project area is required.
7. Proposed storm water management controls, with grading, drainage, storm water controls and erosion controls designed by a licensed engineer. Any requirements of a local municipality, state or federal agency shall be incorporated in the plans submitted. All plans that are submitted must be reviewed and accepted by the Wright Soil and Water Conservation District prior to an application being submitted and deemed complete.
8. The identification and mapping of new drain tile on site.
9. Sketch elevation of the premises accurately depicting the proposed solar energy farm or solar energy systems and its relationship to structures on adjacent lots (if any) unless determined otherwise by the County Planning and Zoning Department.
(c) Specifications and proposed installation methods for all planned major equipment, including solar panels, mounting systems and foundations for poles or racks.
(d) The planned number of panels to be installed.
(e) A description of the method of connecting the array to the utility interconnection.
(f) A copy of the submitted interconnection application with the local electric utility or a written explanation outlining why an interconnection application is not necessary. The proposed utility interconnection design plan must also accompany the application for the interim use permit.
(g) A decommissioning plan shall be required to ensure that the infrastructure improvements are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan describing the financial resources that will be available to fully decommission the site The decommissioning plan shall also include a statement that any unused or obsolete equipment shall be removed by the property owner and/or applicant. Said plan shall be signed by the applicant and the property owner and shall be attached to and become part of the permit. The applicant and property owner shall enter into an agreement and provide security for the decommissioning as outlined in § 155.108(C)(14).
(16) Any interim use permit issued under this section for solar energy farms is temporary and interim in nature. The interim use permit for solar energy farms shall expire at the same time the solar energy farm lease expires, but in no case shall exceed 30 years. A new interim use permit can be applied for and the county may issue a new interim use permit for an existing solar energy farms under the terms of § 155.031 of this chapter. The Planning Commission may waive the expiration requirement for solar energy farms located on property owned by public utilities and other unique owner operated facilities.
(17) The final utility interconnection design and approval must be submitted to the Planning and Zoning Department before the building permit can be issued.
(18) Solar farm setback distances. The operational area(s), including fencing, solar arrays, and any other infrastructure of a solar energy farm, shall be located a minimum distance of two miles from any other solar array over 200 kilowatts AC whether originally permitted by the county, a state or federal regulatory agency, or any other municipality in the county. Calculating the two-mile distance from another solar array as provided in this section shall be measured by the shortest line from any of the infrastructure, solar arrays, or fencing of the proposed solar energy farm to the nearest point of the other solar array in excess of 200 kilowatts AC.
(D) Solar energy systems requirements and standards.
(1) Accessory building limit. Solar energy systems, either roof or ground-mounted, do not count as an accessory building for the purpose of limits on accessory buildings.
(2) Height. Solar energy systems are subject to the following height requirements:
(a) Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.
(b) Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt in Residential Zoning Districts and may be allowed up to 20 feet in other zoning districts.
(3) Location within lot. Solar energy systems must meet the accessory structure setback for the zoning district it is located within and will be measured from the closest point at maximum orientation. If attached to the primary structure, the solar energy systems must meet the setbacks for the primary structure.
(4) Approved solar components. Electric solar energy system components must have an Underwriters Laboratory (UL) listing.
(5) Compliance with state electric code. All Solar Energy Systems shall comply with the Minnesota State Electric Code.
(6) Utility notification. No solar energy system shall be installed until evidence has been given to the County Planning and Zoning Department that the owner has notified the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
(7) Interim use permit.
(a) The Planning Commission shall review the associated land alteration for a solar energy system and issue an interim use permit for that land alteration as part of the request for the solar energy farms interim use permit. Excavation plans must include proposed vegetation removal such as trees or other prominent natural vegetation. No more than three acres or 7% of the project area, whichever is greater, of trees may be removed from any site. Under no circumstances can tree removal be more than 50% of the project area. Limited excavation may be allowed only where a road, berm, or other solar infrastructure, excluding panel locations, are proposed as deemed necessary by the Planning Commission.
(b) Screening barrier may be required.
(c) The Planning Commission may require standards similar to solar energy farms as deemed necessary.
(d) Interim use permits for solar energy systems do not expire unless the solar energy system is removed or unless terms are violated.
(Ord. passed 7-28-2015; Ord. 16-2, passed ---; Ord. 16-7, passed 11-1-2016; Ord. 18-2, passed 6-19-2018; Ord. 18-4, passed 6-19-2018; Ord. 21-3, passed 4-27-2021; Ord. 21-5, passed 1-18-2022; Ord. 21-5A, passed 1-18-2022; Ord. 23-1, passed 5-2-2023; Ord. 23-2, passed 5-16-2023)
§ 155.109 COMMERCIAL AGRICULTURAL TOURISM.
(A) Purpose. This section is adopted for the purpose of:
(1) Preserving the county's agricultural and rural heritage and landscapes.
(2) Enhancing the county's appeal to visitors who are drawn to its rural and agricultural environment.
(3) Providing opportunities for new economic growth through commercial agricultural tourism.
(4) Allowing for commercial agricultural tourism that does not conflict with permitted agricultural operations and developed residential areas.
(B) Standards. The following standards shall apply to all commercial agricultural tourism uses.
(1) Commercial agricultural tourism shall be located on a parcel of at least ten acres in size which has a residence or entitlement.
(2) Commercial agricultural tourism shall be shown to have a unique or demonstrable relationship with the county and be correlated to agricultural and rural features in accordance with the above stated purposes.
(3) Large scale events and gatherings held inside a building must be associated with an outdoor agricultural or rural outdoor activity, or be seasonal or part-time in nature. Any associated food must be catered. The Planning Commission may allow for limited food preparation provided it meets the underlying intent of the commercial agricultural tourism use. Alcohol must be catered.
(4) Commercial agricultural tourism shall require an interim use permit in accord with § 155.031 of the county Zoning Ordinance and must comply with the county land use plan.
(C) Conditions. As part of any interim use permit the Planning Commission shall adopt conditions which address the following criteria:
(1) Must not create an excessive demand upon existing services or amenities.
(2) Must be screened or able to be screened adequately, or are sufficiently separated from adjacent residences to prevent negative impacts to nearby properties.
(3) Must have an appearance that is consistent and compatible with the surrounding area and land uses.
(4) Must not cause traffic hazards or undue congestion.
(5) Must not negatively impact surrounding residences and neighbors by the intrusion of noise, glare, odor, or other adverse effects.
(Ord. 16-01, passed 5--2016; Ord. 16-2, passed ---; Ord. 23-1, passed 5-2-2023)
§ 155.110 PUBLIC SCHOOLS.
(A) Standards. The following standards shall apply to all public schools:
(1) The school is supported in whole or in part with funds from the State of Minnesota;
(2) The school is regulated or licensed by the Commissioner of Education;
(3) The school is located on a parcel of land that is at least 80 acres in size, has lake shoreline features, and has a significant portion of its land that is wooded or wetland;
(4) Has an enrollment capacity of 150 pupils or less;
(5) Has as an essential part of its mission, purpose, or vision an educational component that is significantly related to the environment or nature;
(6) Is an accessory use to an existing non-profit organization that provides camp and education experiences.
(B) Conditions. As part of any interim use permit the Planning Commission shall adopt conditions which address the following criteria:
(1) Must not create an excessive demand upon existing services or amenities.
(2) Must be screened or able to be screened adequately, or are sufficiently separated from adjacent residences to prevent negative impacts to nearby properties.
(3) Must have an appearance that is consistent and compatible with the surrounding area and land uses.
(4) Must not cause traffic hazards or undue congestion.
(5) Must not negatively impact surrounding residences and neighbors by the intrusion of noise, glare, odor, or other adverse effects
(Ord. 17-3, passed ---; Ord. 18-6, passed 10-23-2018; Ord. 23-1, passed 5-2-2023)
§ 155.111 TREATMENT AND RECOVERY FACILITIES.
The following performance standards apply to all treatment and recovery uses:
(A) The facility shall be located on a parcel of land that includes at least 70 contiguous acres.
(B) The facility shall include at least 25,000 square feet of total floor area in one or more buildings that may be attached or detached and may contain residential structures such as dwelling units, rooming units, and dormitory space. It may also include communal spaces such as communal kitchen and dining areas, classrooms, offices, chapels, recreation space and similar areas. The number of residential structures may not exceed the number of residences on the land as allowed by the underlying zoning district but may include the number that would be allowed by transferring entitlements from contiguous property as defined in § 155.048 of this chapter. For as long as the treatment and recovery use operates, there shall be no other residential buildings, nor subdivisions allowed on the land designated for the treatment and recovery use.
(C) Clients may reside 24 hours per day under the care and supervision of a chemical dependency treatment or recovery program. The program must be overseen by a staff member with a state-issued professional license in mental health or chemical dependency.
(D) The applicant shall submit a management plan for the facility and a floor plan showing sleeping areas, communal areas, emergency exits, bathrooms and staff living quarters.
(E) Parking requirements shall be included in the terms of the interim use permit but shall not be less than four spaces for each building. All parking areas must comply with the performance standards for parking unless otherwise stated by the Planning Commission. Each residential building shall be accessible to emergency service vehicles by path or private road, but internal improved streets are not required.
(Ord. 20-1, passed 12-29-2020; Ord. 23-1, passed 5-2-2023)
§ 155.112 CANNABIS ZONING REGULATIONS.
(A) Statutory authorization and purpose.
(1) Statutory authorization. The county has the authority to adopt this section within the land use jurisdiction of Wright County pursuant to:
(a) M.S. § 342.13(c), as may be amended from time to time, regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.
(b) M.S. § 342.22, as may be amended from time to time, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower- potency hemp edible retail businesses.
(c) M.S. § 152.0263, subd. 5, as may be amended from time to time, regarding the use of cannabis in public places.
(d) M.S. § 462.357, as may be amended from time to time, regarding the authority of a local authority to adopt zoning ordinances.
(e) M.S. Ch. 394, as may be amended from time to time, the planning and zoning enabling legislation in Minnesota Statutes.
(2) Purpose.
(a) This section is adopted in the public interest to promote appropriate and lawful land use practices for the county that will mitigate threats present to the general public regarding cannabis-related business. The county recognizes the risks that unintended access to cannabis products may present to the health, welfare, and safety of the public, especially youth.
(b) This section is intended to provide space for the location of cannabis- oriented businesses in appropriately zoned districts within the land use jurisdiction of the county while separating these cannabis-related businesses from areas in which children and other persons, who may be negatively affected by these businesses, frequent.
(B) Definitions. Unless specifically defined in this section, words or phrases contained in M.S. § 342.01, as may be amended from time to time, and the rules promulgated pursuant to any of these acts shall have the same meaning in this section. For the purpose of this section, and in addition to the provision of § 155.003, the following definitions shall apply.
(1) CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.
(2) CANNABIS RETAIL BUSINESSES. A retail location and the retail location(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.
(3) CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
(4) DAYCARE. A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
(5) LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01 subd. 50, as may be amended from time to time.
(6) OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, referred to as "OCM" in this section.
(7) PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
(8) PRELIMINARY LICENSE APPROVAL. OCM pre-approval for a cannabis business license for applicants who qualify under M.S. § 342.17, as may be amended from time to time.
(9) PUBLIC PLACE. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.
(10) RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, subd. 23, as may be amended from time to time.
(11) RETAIL REGISTRATION. An approved registration issued by the county to a state-licensed cannabis retail business.
(12) SCHOOL. A public school as defined under M.S. § 120A.05, as may be amended from time to time, or a nonpublic school that must meet the reporting requirements under M.S. § 120A.24, as may be amended from time to time.
(13) STATE LICENSE. An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(C) Zoning district requirements. The cultivation, manufacturing, wholesale, and sale of cannabis and cannabis-related products shall be permitted as an interim use, as regulated in § 155.031, as follows:
(1) General Industry (I-1) Zoning District.
(a) Cannabis cultivation.
(b) Cannabis manufacturing.
(c) Hemp manufacturing.
(d) Cannabis wholesaling.
(e) Cannabis retail.
(f) Cannabis transportation.
(g) Cannabis delivery.
(2) Highway Business (B-1) Zoning District.
(a) Cannabis retail.
(b) Cannabis transportation.
(c) Cannabis delivery.
(3) General Business (B-2) Zoning District.
(a) Cannabis retail.
(b) Cannabis transportation.
(c) Cannabis delivery.
(D) Performance standards.
(1) Setbacks. In addition to the building and use setbacks list within the appropriate zoning districts, cannabis-related businesses are subject to the following setbacks as measured from the property boundary containing the following:
(a) One thousand feet from any school.
(b) Five hundred feet from a daycare.
(c) Five hundred feet from a residential treatment facility.
(d) Five hundred feet from a park, playground, or athletic field.
(e) Five hundred feet from another cannabis retail business.
(2) Cannabis cultivation. Cannabis cultivation is subject to the following standards and requirements.
(a) Cultivation and operations plan. A business licensed or authorized to cultivate cannabis must prepare, maintain, and execute an operating plan and a cultivation plan, which must include but is not limited to:
1. Site plan. Site plan detailing size and layout of the facility.
2. Security. Provisions for fencing, lighting, personnel, and video monitoring.
3. Wastewater and utilities plan. Plans for wastewater, waste disposal; utilities including water and electricity, water usage and recycling.
4. Solid waste. A plan to destroy all cannabis plant material and cannabis byproduct to render it unusable. Waste material must be stored in a secure location.
5. Pest management. A pest management protocol that incorporates integrated pest management principles to control or prevent the introduction of pests to the cultivation site.
6. Ventilation and filtration. In accordance with M.S. § 342.24, subd. 4, as may be amended from time to time.
(3) Manufacturing and wholesale. The manufacturing and wholesale of cannabis is subject to the following standards and requirements.
(a) Facility and operations plan. A business licensed or authorized to manufacture or wholesale cannabis and cannabis-related products must prepare, maintain, and execute a facility and operations plan, which must include but is not limited to:
1. Site plan. Site plan detailing size and layout of the facility, including size and layout of the manufacturing facility.
2. Security. Provisions for fencing, lighting, personnel, and video monitoring.
3. Waste water and utilities plan. Plans for wastewater (in accordance with M.S. § 342.28, subd. 3, waste disposal; utilities including water and electricity, water usage and recycling.
4. Solid waste. A plan to destroy all cannabis plant material and cannabis byproduct to render it unusable. Waste material must be stored in a secure location.
5. Ventilation and filtration. In accordance with M.S. § 342.24, subd. 4, as may be amended from time to time.
(4) Retail. The retail sales of cannabis and related cannabis products is subject to the following standards and requirements.
(a) Business and operations plan. A retail business licensed or authorized to sell cannabis and cannabis-related products must prepare, maintain, and execute a business plan, which must include but is not limited to:
1. Hours of operation. Hours of operations shall be limited to 10:00 a.m. to 9:00 p.m., Monday through Saturday and 11:00 a.m. to 6:00 p.m., Sunday.
2. Site plan. A site plan detailing the size and layout of the facility, including size and layout of the retail facility.
3. Ventilation and filtration. Must be in accordance with M.S. § 342.24, subd. 4, as may be amended from time to time.
4. Building conditions. Must be in accordance with M.S. § 342.27, subd. 8, as may be amended from time to time.
5. Security. Must be in accordance with M.S. § 342.27, subd. 9, as may be amended from time to time.
6. Lighting. Must be in accordance with M.S. § 342.27, subd. 10, as may be amended from time to time.
7. Deliveries. Must be in accordance with M.S. § 342.27, subd. 11, as may be amended from time to time.
8. Wastewater. Cannabis mezzobusinesses must comply with M.S. § 342.28, subd. 3, as may be amended from time to time.
9. Solid Waste. A plan to destroy all cannabis plant material and cannabis byproduct to render it unusable. Waste material must be stored in a secure location.
(5) Cannabis cultivation, manufacturing and wholesale, and retail operations are not an agricultural, horticultural or commercial outdoor recreational use.
(E) Revocation of state license. Any interim use permit granted under the provisions of this section shall be immediately revoked upon revocation of any state-issued license to operate. Any request to renew the operation will require a new interim use permit.
(Ord. 24-7, passed 12-3-2024)