(7)    Solar energy systems as regulated under § 155.108.

         (a)   Township halls;

         (b)   Subdivisions, minimum lot size of ten acres;

         (c)   Rural planned unit development in accordance with § 155.059 of this chapter;

         (d)   Essential services in accordance with § 155.098 of this chapter; and

         (e)   Churches and cemeteries;

         (a)   Kennels;

         (b)   Riding stables;

         (c)   Home occupations;

         (d)   Home extended business in accordance with § 155.103 of this chapter;

         (e)   Bed and breakfast units in single-family dwellings;

         (f)   Rural planned unit development in accordance with § 155.059 of this chapter;

         (g)   Retreat center in accordance with § 155.104 of this chapter;

         (h)   Large animal veterinary clinics serving agricultural uses and livestock;

         (i)   Commercial outdoor recreation;

         (j)   Commercial agricultural tourism; and

         (k)   Solar energy systems as regulated under § 155.108.

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

      (3)   Side yard regulations. There shall be a minimum side yard of 30 feet for principal uses and 15 feet for accessory uses, unless the building is housing livestock, then the setback is 100 feet.

      (4)   Rear yard regulations. There shall be a rear yard having a depth of not less than 50 feet for non-livestock buildings and a setback of 100 feet for livestock buildings.

      (5)   Lot area regulations. The minimum lot size shall be ten acres, except in PUD projects approved pursuant to § 155.059 of this chapter.

      (6)   Lot width and depth regulations. The minimum lot width shall be 300 feet and the minimum lot depth shall be 300 feet, except in PUD projects approved pursuant to § 155.059 of this chapter.

      (7)   General regulations. Additional requirements for parking, signs, sewage systems and other regulations set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-01, passed 5--2016; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

         (a)   Land reclamation and alteration;

         (b)   Livestock feedlots in excess of 500 animal units;

         (c)   Cemeteries;

         (d)   Churches, not to include a school, but may include a residence;

         (e)   Township halls;

         (f)   Sewage treatment plants; and

         (g)   Essential services in accordance with § 155.098 of this chapter;

         (a)   Kennels;

         (b)   Riding academies;

         (c)   Home occupations;

         (d)   Wholesale nursery, landscape and garden sales with seasonal retail sales (not to include retail stores);

         (e)   Bed and breakfast units in single-family dwellings;

         (f)   One farm accessory mobile home or structure per farm operation as a temporary use and subject to annual local township review;

         (g)   Commercial outdoor recreation;

         (h)   Mining and extraction in accordance with § 155.100 of this chapter;

         (i)   Non-commercial contractors yards;

         (j)   Private airstrip, subject to the following conditions:

            1.   All applicable regulations of the state and federal government are properly satisfied;

            2.   There are no existing residential subdivisions, and no areas designated for future residential growth within the land use plan of the County Comprehensive Plan, within a radius of one and one-half miles of the proposed airport; and

            3.   The airport shall be limited to use exclusively by the property owner.

         (k)   Home extended business in accordance with § 155.103 of this chapter;

         (l)   Retreat center in accordance with § 155.104 of this chapter;

         (m)   Large animal veterinary clinics serving agricultural uses and livestock;

         (n)   Commercial agricultural tourism;

         (o)   Solar energy systems, as regulated under § 155.108;

         (p)   Public schools in accordance with § 155.110 of this chapter;

         (q)   Seasonal storage; and

         (r)   Treatment and recovery facility.

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

      (3)   Side yard regulations. There shall be side yard width of not less than 100 feet for buildings which will house livestock or any farm animals, and 30 feet for all other buildings.

         (a)   A quarter-quarter section is a parcel of land consisting of approximately 40 acres and constituting the northeast, northwest, southwest or southeast quarter of a quarter section of land in the United States Government survey grid system of land survey. For the purposes of this section, a government lot shall be considered a quarter-quarter section; provided, it contains at least 30 acres of land above ordinary high water.

         (b)   An “eligible quarter-quarter section” shall be any quarter-quarter section which meets all of the following:

            1.   It is complete and under common ownership;

            2.   It has frontage on a public road; and

            3.   It does not include any existing dwelling, commercial use or other non-agricultural development.

         (c)   An “eligible lot of record” shall be a lot of record pursuant to § 155.007 of this chapter which does not include any existing dwelling, commercial use or other non-agricultural use or structure other than accessory uses such as garages, storage sheds and the like and which is greater than ten acres in size, but does not qualify as an eligible quarter-quarter section.

         (d)   An eligible lot of record or quarter-quarter section may be permitted one single family dwelling on the parcel as a whole, or one division as regulated in division (G)(4) below for the purpose of developing the division. This right shall be referenced as the parcel’s “entitlement”.

         (a)   The requirements for a division in division (G)(4) below are met; and

         (b)   The remainder of the property has frontage on a public road.

         (a)   On a farm or adjoining parcels, including all contiguous land under common ownership, extra entitlements shall be available to the entire parcel; provided, the following conditions are met:

            1.   The lands involved comprise more than 60 acres; and

            2.   If the parcel is the result of a division since 8-1-1978, then the number of entitlements shall be determined by using the calculations in division (G)(3)(b) below to all contiguous lands under common ownership as they existed on 8-1-1978. These entitlements shall be allocated to the new parcels by the Zoning Administrator based on acreage and the standards contained herein, and appeals shall be heard by the Board of Adjustment; provided that, no extra entitlements may be created.

         (b)   Entitlements for such parcels shall be determined by the Zoning Administrator as follows.

            1.   The total acreage of the parcel shall be calculated using the best information available (the administrator or Board of Adjustment may require the applicant to provide a survey of the property in case of dispute over size).

            2.   Forty acres shall be subtracted from this total for each existing house on the parcel, and for each entitlement division which has occurred since 8-1-1978.

            3.   The result from divisions (G)(3)(b)1. and (G)(3)(b)2. above shall be divided by 40 acres, and that result rounded to the nearest whole number, which shall be the number of entitlements the entire parcel is allocated. The use of these entitlements shall be subject to all regulations in this chapter, including public road frontage requirements.

         (c)   The purpose of this provision is to provide relief to potentially inequitable situations where large landholdings may be unduly restricted due to the location of substantial acreage without road frontage. The intent is not to increase residential density in the AG Zone above an average of one house per 40 acres. If a large parcel is subdivided into agricultural parcels, the entitlements shall be allocated at the time of sale in accord with the standards contained within (provided that, no new entitlements may be created), unless otherwise specified and appropriately recorded through deed restrictions or action by the Board of Adjustment or Planning Commission.

            1.   The minimum lot size shall be one acre. Minimum road frontage, lot width, depth, setback and other standards shall be the same as for the residential zoning district closest to the lot’s size.

            2.   A private access strip with at least 33 feet and not exceeding 66 feet in width, which abuts a public road, may be approved by the Zoning Administrator in lieu of the standard road frontage requirement, if the intent is to provide access to a wooded site, or to otherwise preserve active agricultural land or practices. The strip shall not be an easement, but owned in fee with the division. Maintenance shall be the complete responsibility of the property owner. In no case may such a strip be used to serve more than one residence, unless accepted as a public road by the township. Refusal by the Zoning Administrator to approve such a strip may be appealed to the Board of Adjustment.

            3.   Maximum lot size shall be:

               a.   Five acres for divisions from eligible lots of record;

               b.   Two and one-half acres for divisions from eligible quarter-quarter sections if the building site is undeveloped cropland classified as prime farmland or farmland of statewide importance as defined in the Land Use Plan; and

               c.   Ten acres in all other instances.

(Ord. passed 7-28-2015; Ord. 16-01, passed 5--2016; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 17-3, passed ---; Ord. 18-2, passed 6-19-2018; Ord. 18-4, passed 6-19-2018; Ord. 19-4, passed 8-27-2019; Ord. 20-1, passed 12-29-2020; Ord. 23-1, passed 5-2-2023)

   (A)   Purpose. This District is established in areas within the county for the purpose of allowing limited urban growth. The major purpose of this district is to provide areas within the county where urban development can take place and where urban services can be readily extended and provided. This district may be allowed adjacent to cities where sanitary sewer and other services are available and for riparian shoreline lots on suitable lakes.

      (1)   Single-family detached residences;

      (2)   Any agricultural land use already existing;

      (3)   Community center;

      (4)   Forestry;

      (5)   Nurseries, excluding greenhouses;

      (6)   Public recreation;

      (7)   Livestock, poultry and animals subject to § 155.088(B) of this chapter; and

      (8)   Solar energy systems as regulated under § 155.108.

      (1)   Fences;

      (2)   Gardening and other horticultural uses where no sale of products is conducted on the site;

      (3)   Decorative landscape features such as statues, rocks, reflecting ponds and benches;

      (4)   Public recreation equipment; and

      (5)   Garages and non-commercial pole structures subject to the following size restrictions:

         (a)   Lot area under 20,000 square feet: maximum 800 square feet structure with maximum side wall height of 12 feet;

         (b)   Lot area over 20,000 square feet but less than 80,000 square feet: maximum 1,400 square feet structure with maximum side wall height of 14 feet; and

         (c)   Lot area over 80,000 square feet: maximum 2,000 square feet structure with maximum side wall height of 14 feet.

         (a)   Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures such as transformers, unit substations and equipment houses;

         (b)   Fire station;

         (c)   Police station;

         (d)   Cemeteries;

         (e)   Other essential services - water supply buildings, reservoirs, wells, regional pipelines;

         (f)   Residential subdivisions;

         (g)   Township halls; and

         (h)   Churches.

         (a)   All home occupations;

         (b)   Any change in agricultural practice that marks an intensification of present agricultural use;

         (c)   Commercial outdoor recreation;

         (d)   Seasonal produce stands;

         (e)   One mobile home per farmstead (necessary to farm operations and at least 800 square feet in area);

         (f)   Medical and dental clinics;

         (g)   Golf courses;

         (h)   Schools within one-half mile of incorporated cities;

         (i)   Commercial day care center; and

         (j)   Solar energy systems as regulated under § 155.108.

         (a)   Setbacks:

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

         (c)   Within existing developed areas, the above front yard setback requirements may be adjusted to coincide with average setback occurring on either side of the proposed building within 300 feet; except that, no building shall be located less than 20 feet from the right-of-way line.

         (a)   For dwelling units with private on-site sewage treatment systems water wells: one acre; and

         (b)   For dwelling units with public sewage treatment systems: 20,000 square feet.

         (a)   For dwelling units with private sewage treatment systems:

            1.   Lot width: 150 feet; and

            2.   Lot depth: 150 feet.

         (b)   For dwelling units with public sewage treatment systems:

            1.   Lot width: 100 feet; and

            2.   Lot depth: 100 feet.

(Ord. passed 7-28-2015; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

      (1)   Single-family detached residences;

      (2)   Any agricultural land use already existing at the time of subdivision;

      (3)   Forestry;

      (4)   Nurseries, excluding greenhouses;

      (5)   Public recreation; and

      (6)   Solar energy systems as regulated under § 155.108.

      (1)   Garages;

      (2)   Fences;

      (3)   Gardening and other horticultural uses where no sale of products is conducted on the site;

      (4)   Decorative landscape features such as statues, rocks, reflecting ponds and benches;

      (5)   Recreation equipment;

      (6)   Livestock, poultry and animals subject to provisions of § 155.088(B) of this chapter;

      (7)   Pole sheds; and

      (8)   Non-commercial wind chargers.

         (a)   Essential services - telephone, telegraph, sewer, water, gas and power distribution poles and lines and necessary appurtenant equipment and structures such as transformers, unit substations and equipment houses;

         (b)   Fire station;

         (c)   Police station;

         (d)   Cemeteries;

         (e)   Subdivisions, a two and one-half acre minimum lot subdivision in areas designated as such in the land use plan;

         (f)   Township Halls; and

         (g)   Churches.

         (a)   All home occupations;

         (b)   Any change in agricultural practice that marks an intensification of present agricultural use;

         (c)   Commercial outdoor recreation;

         (d)   Seasonal produce stands;

         (e)   One mobile home per farmstead (necessary to the operation of the farm operation at a minimum floor area of 800 square feet);

         (f)   Community centers; and

         (g)   Solar energy systems as regulated under § 155.108.

         (a)   No building hereafter erected shall exceed two and one-half stories or 35 feet in height.

         (b)   This shall not apply to wind chargers which are at least 50 feet from any property line.

         (a)   Setbacks:

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

         (c)   Within existing developed areas, the above front yard setback requirements may be adjusted to coincide with average setback occurring on either side of the proposed building within 300 feet; except that, no building shall be located less than 20 feet from right-of-way line.

(Ord. passed 7-28-2015; Ord. passed 12-1-2015; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 18-2, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

      (1)   Single-family detached residences;

      (2)   Any agricultural land use already existing at the time of subdivision;

      (3)   Forestry;

      (4)   Nurseries, excluding greenhouses;

      (5)   Public recreation; and

      (6)   Solar energy systems as regulated under § 155.108.

      (1)   Garages;

      (2)   Fences;

      (3)   Gardening and other horticultural uses where no sale of products is conducted on the site;

      (4)   Decorative landscape features such as statues, rocks, reflecting ponds and benches;

      (5)   Recreation equipment;

      (6)   Livestock, poultry and animals subject to the provisions of § 155.008(B) of this chapter;

      (7)   Pole barns; and

      (8)   Non-commercial wind chargers.

         (a)   Essential services - telephone, telegraph, sewer, water, gas and power distribution poles and lines and necessary appurtenant equipment and structures such as transformers, unit substations and equipment houses;

         (b)   Fire station;

         (c)   Police station;

         (d)   Cemeteries;

         (e)   Subdivisions, five-acre minimum lot subdivision in areas designated as such in the land use plan;

         (f)   Township Halls; and

         (g)   Churches.

         (a)   All home occupations;

         (b)   Bed and breakfast units in single-family dwellings;

         (c)   Any change in agricultural practice that marks an intensification of present agricultural use;

         (d)   Commercial outdoor recreation;

         (e)   Seasonal produce stands;

         (f)   One mobile home per farmstead (necessary to the operation of the farm operation at a minimum floor area of 800 square feet);

         (g)   Community centers; and

         (h)   Solar energy systems as regulated under § 155.108.

         (a)   No buildings hereafter erected shall exceed two and one-half stories or 35 feet in height.

         (b)   This shall not apply to wind chargers which are at least 50 feet from any property line.

         (a)   Setbacks:

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

         (c)   Within existing developed areas, the above front yard setback requirements may be adjusted to coincide with average setback occurring on either side of the proposed building within 300 feet; except that, no building shall be located less than 20 feet from right-of-way line.

(Ord. passed 7-28-2015; Ord. 16-6, passed 10-18-2016; Ord. 16-8, passed 12-27-2016; Ord. 18-2, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

         (a)   Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant, equipment and structures such as transformers, unit substations and equipment housing; and

         (b)   City or town hall;

         (c)   Churches;

         (d)   Single-family attached dwellings; and

         (e)   Duplexes.

         (a)   Multiple-family dwellings;

         (b)   Student housing;

         (c)   All home occupations;

         (d)   Agricultural land use already existing at time of zoning. No intensification or modification of agricultural activities should be allowed in multiple-family dwelling areas;

         (e)   Commercial recreational areas;

         (f)   Prefabricated or modular manufactured housing units;

         (g)   Medical and dental clinics;

         (h)   Rest homes, hospitals;

         (i)   Community center;

         (j)   Boarding or lodging houses;

         (k)   Schools;

         (l)   Public recreation including golf courses (public or private);

         (m)   Mobile home parks subject to the standards in § 155.099 of this chapter; and

         (n)   Solar energy systems as regulated under § 155.108.

         (a)   When possible, apartment should serve as a buffer between single-family homes and non-residential uses.

         (b)   The site should not be located in such a manner as to channel traffic onto minor streets in low density residential neighborhoods.

            1.   Setbacks:

 

 

            2.   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road.

      (1)   In shoreland areas, additional restrictions concerning docking facilities and other centralized facilities may apply in accordance with statewide standards for management of shorelands areas.

      (2)   Additional requirements for R-3 Districts are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 18-4, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023)

         (a)   Essential services - utility lines and other necessary appurtenant structures; and

         (b)   Subdivisions, minimum size of one acre; and

         (c)   Churches.

         (a)   Drive-in movie theater;

         (b)   Drive-in restaurant;

         (c)   Recreation equipment sales;

         (d)   Motels;

         (e)   Auto service stations;

         (f)   Seasonal produce stand;

         (g)   Auto sales lot;

         (h)   Cafés and restaurants;

         (i)   Parking lots;

         (j)   Any other incidental repair, processing and storage necessary to conduct a permitted principal use; provided that, said accessory use does not exceed 30% of the floor space of the principal building;

         (k)   Other highway-oriented business activities of the same general character as listed;

         (l)   Commercial recreation;

         (m)   Commercial day care centers;

         (n)   Convenience-type retail outlets with high customer turnover rate;

         (o)   Solar energy farms;

         (p)   Solar energy systems as regulated under § 155.108;

         (q)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (r)   Cannabis-related businesses, as regulated under § 155.112.

         (a)   Each service road shall have a minimum of 30 feet of right-of-way exclusive of adjoining thoroughfare right-of-way.

         (b)   Each service road shall be at least 24 feet wide and must be surfaces and have curbs.

         (c)   Two-way traffic shall be allowed on service roads.

         (d)   No parking shall be allowed on service roads.

         (e)   Access from service roads shall be no more frequent than one access for each 500 feet of thoroughfare frontage.

         (a)   Setbacks:

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highways which bound two or more sides of the lot, no building shall project beyond the front yard line of either road.

         (a)   There shall be a side yard having a width of not less than 20 feet on each side of a building.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residential or Agricultural District.

         (a)   There shall be a minimum rear yard of 35 feet.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residence or Agricultural District.

      (10)   General regulations. Requirements for signs, parking, shopping centers and other regulations are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

         (a)   Subdivisions, minimum lot size of one acre;

         (b)   Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures; and

         (c)   Churches.

         (a)   Commercial recreation;

         (b)   Hospitals;

         (c)   Hotel and motel;

         (d)   Offices and medical centers;

         (e)   Retail trade;

         (f)   Government buildings;

         (g)   Wholesale business;

         (h)   Indoor recreation, such as movie theater;

         (i)   Restaurants, cafés and supper clubs;

         (j)   Passenger transportation terminal;

         (k)   Drive-in business;

         (l)   Clubs, lodges;

         (m)   Automobile service stations;

         (n)   Landscaping;

         (o)   Parking facilities;

         (p)   Fences;

         (q)   Any incidental repair, processing and storage necessary to conduct a principal use, but not exceeding 30% of the floor space of the principal building;

         (r)   On-off sale liquor establishment;

         (s)   Freight transportation terminals;

         (t)   Industry, such as a printing company, that requires direct contact with the public for sales;

         (u)   Single dwelling units;

         (v)   Commercial day care centers;

         (w)   Solar energy farms;

         (x)   Solar energy systems as regulated under § 155.108;

         (y)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (z)   Cannabis-related businesses, as regulated under § 155.112.

         (a)   Setbacks:

 

 

         (b)   Where a lot is located at the intersection of two or more roads or highway side of each corner lot. No building shall project beyond the front yard line of either road.

         (a)   Minimum side yard shall be 20 feet.

         (b)   No building shall be located within 50 feet of any side lot line abutting a lot in any Residential or Agricultural District.

         (a)   There shall be a minimum rear yard of 35 feet.

         (b)   No building shall be located within 50 feet of any rear lot line abutting a lot in any Residential or Agricultural District.

      (8)   General regulations. Requirements for signs, parking, shopping centers and other regulations are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 16-8, passed 12-27-2016; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

      (1)   Allow general industrial development related to the existing development in the urban communities of the county;

      (2)   Encourage development that is compatible with surrounding or abutting districts; and

      (3)   Provide developmental standards that will not impair the traffic-carrying capabilities of abutting roads and highways.

         (a)   Subdivisions, minimum lot size of one acre;

         (b)   Public service structures, including power substations, gas regulator stations, sewage disposal plant, telephone exchange, police or fire station, elevated tanks, water works and other essential utilities; and

         (c)   Railroad rights-of-way and railroad yards;

         (a)   Bottling establishments;

         (b)   Building material sales and storage and lumber yards;

         (c)   Camera and photographic supplies manufacturing;

         (d)   Cartage and express facilities;

         (e)   Cartography and bookbinding;

         (f)   Commercial radio and television transmitting stations and towers;

         (g)   Contractor's offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical and refrigeration;

         (h)   Dry cleaning plants;

         (i)   Electric light or power-generating stations;

         (j)   Electrical and electronic products manufacturers;

         (k)   Electrical service shops;

         (l)   Engraving, printing and publishing;

         (m)   Extraction, processing or storage of sand, gravel, stone or other minerals, bituminous plants and concrete mixing plants;

         (n)   Farm implement dealerships;

         (o)   Feed and fertilizer manufacturing;

         (p)   Freight terminal;

         (q)   Garage for storage, repair and servicing of motor vehicles;

         (r)   Highway maintenance shops and yards;

         (s)   Ice sales and storage;

         (t)   Jewelry manufacturer;

         (u)   Junk yards, salvage yards, sanitary landfills;

         (v)   Laundries;

         (w)   Medical, dental and optical laboratories;

         (x)   Monument works;

         (y)   Slaughter houses;

         (z)   Storage or warehousing;

         (aa)   Wholesale business and office establishments;

         (bb)   Any use permitted in the B-2 General Business District;

         (cc)   Any manufacturing, fabrication, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products which conform with the performance standards set forth for this district;

         (dd)   Solar energy farms;

         (ee)   Solar energy systems as regulated under § 155.108;

         (ff)   Electric Vehicle Supply Equipment (EVSE) Ports; and

         (gg)   Cannabis-related businesses, as regulated under § 155.112.

      (1)   Storm drainage facilities shall be provided.

      (2)   Municipal sanitary sewer and water shall be provided or a substitute acceptable to the Environmental Health Officer.

      (3)   The County Planning Commission shall set additional conditions on any conditional or interim use permit to carry out the intent of the Comprehensive Plan and this chapter.

         (a)   There shall be a front yard setback of not less than 130 feet from the centerline of U.S. highways and state highways and 130 feet from the centerline of all county state aid highways and county highways.

         (b)   There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way.

         (c)   Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard line of either road.

   (F)   General regulations. Additional requirements for signs, parking and other regulations in the I-1 General Industry District are set forth in §§ 155.075 through 155.108 of this chapter.

(Ord. passed 7-28-2015; Ord. 18-2, passed 6-19-2018; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-7, passed 12-3-2024)

policies contained in M.S. Ch. 103F; Minn. Rules, parts 6120.5000 through 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 C.F.R. 59 to 78; and the planning and zoning enabling legislation in M.S. Ch. 394, as may be amended from time to time.

         (a)   This section regulates development in the flood hazard areas of the county. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

         (b)   This section is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.

         (c)   This section is adopted to maintain eligibility in the National Flood Insurance Program.

         (d)   This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

         (a)   Eight thousand five hundred pounds gross vehicle weight rating or less;

         (b)   Vehicle curb weight of 6,000 pounds or less; and

         (c)   Basic vehicle frontal area less than 45 square feet.

         (a)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

         (a)   The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

         (b)   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevation (BFE) shall be the governing factor in locating the outer boundaries of the 1% annual chance floodplain.

         (c)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.

         (a)   City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Cities retain jurisdiction for all incorporated lands, and the county retains jurisdiction under this section on all unincorporated lands, except as provided under division (C)(4)(b) below or through some form of administrative agreement.

         (b)   Townships wishing to adopt official controls under M.S. § 394.33, as may be amended from time to time, may only obtain zoning authority for floodplain controls when they have adopted an ordinance that is approved by the Department of Natural Resources and has formally enrolled in the NFIP. Until this occurs, the county shall retain jurisdiction under this section on all unincorporated lands. In the event that a township returns zoning authority, the county shall resume that authority.

         (a)   The erection, addition, modification, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in division (L)(1)(c).

         (b)   The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm fences, as defined in division (B) of this section, are not considered to be an obstruction, and as such, do not require a permit.

         (c)   The change or expansion of a nonconforming use.

         (d)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

         (e)   The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.

         (f)   The storage of materials or equipment, in conformance with division (D)(3)(b).

         (h)   Any other type of development, as defined in division (B) of this section.

      (2)   No permit required. Subject to the opinion of the Zoning Administrator, certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this section, do not require a permit.

         (a)   All development must:

            1.   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

            2.   Be constructed with materials and equipment resistant to flood damage;

            3.   Be constructed by methods and practices that minimize flood damage;

            4.   Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the regulatory flood protection elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;

            5.   Be reasonably safe from flooding and consistent with the need to minimize flood damage;

            6.   Be assured to provide adequate drainage to reduce exposure to flood hazards;

            7.   Not be detrimental to uses in adjoining areas;

            8.   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system; and

            9.   Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible.

         (b)   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the regulatory flood protection elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in M.S. § 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.

         (c)   Critical facilities shall be located so that the lowest floor is not less than two feet above the base flood elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.

 

         (a)   Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.

         (b)   Roads, driveways, railroads, trails, bridges, and culverts.

         (c)   Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.

         (d)   Grading, filling, land alterations, and shoreline stabilization projects.

         (e)   No structures, as defined in division (B), are allowed in the Floodway District, except structures accessory to the uses detailed in divisions (E)(1)(a) and (E)(3)(a), which require a CUP under division (E)(3)(b).

         (f)   Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10% annual chance flood event.

         (a)   The applicant must demonstrate that the development will not result in any of the following during the 1% annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a "no-rise certification."

         (b)   Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 C.F.R. § 65.12. Map revisions must follow the procedures in divisions (K)(1)(e) and (N).

         (c)   Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in divisions (K)(1)(e) and (N).

         (d)   Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with M.S. § 103G.245, as may be amended from time to time, or a utility crossing license in accordance with M.S. § 84.415, as may be amended from time to time, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

         (e)   Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

         (f)   Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.

         (a)   Commercial extractive uses, and storage and stockpiling yards may be permitted as an interim use.

         (b)   Structures accessory to uses detailed in divisions (E)(1)(a) and (E)(3)(a) may be permitted as a conditional use.

         (a)   Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the county.

               a.   The lowest floor, as defined in § 155.003(B), shall be elevated at or above the regulatory flood protection elevation (RFPE).

               b.   The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.

               c.   To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

               d.   Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed. Such areas shall be subject to a deed-restricted non-conversion agreement as well as periodic inspections with the issuance of any permit.

               a.   Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the regulatory flood protection elevation (RFPE);

               b.   Must meet the standards of FEMA Technical Bulletin 3, as amended; and

               c.   A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this section.

            1.   Structures shall not be designed or used for human habitation.

            2.   Structures will have a low flood damage potential.

            3.   Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, may be located at an elevation below the regulatory flood protection elevation.

            4.   Structures with two or more rigid walls, must meet one of the following construction methods:

         (d)   All new principal structures must provide vehicular access no lower than one foot below the base flood elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the county.

         (e)   Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the county that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

         (f)   Manufactured homes and recreational vehicles must meet the standards of division (J) of this section.

         (b)   Those uses or structures listed as conditional or interim uses in the underlying zoning district.

         (a)   Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, division (E).

         (b)   All other uses are subject to a floodway/flood fringe determination as provided in division (G)(4), in addition to the standards provided in divisions (G)(2) and (G)(3). Permitted uses shall be determined as follows:

            1.   If the development is determined to be in the Floodway District, division (E) applies.

            2.   If the development is determined to be in the Flood Fringe District, division (F) applies.

         (a)   All development requires a determination of the base flood elevation (BFE). Exceptions to this requirement include projects that restore the site to the previous cross- sectional area, such as shore stabilization or culvert replacement projects. Base flood elevations (BFE) may be found using best available data from any federal, state, or other source (including MNDNR's Lake & Flood Elevations Online (LFEO) Viewer).

         (b)   The regulatory flood protection elevation (RFPE) can be determined by assuming a one-half foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not affected by velocities.

         (a)   Encroachments due to development may not allow stage increases more than one-half foot at any point, unless through a map revision following the procedures in divisions (K)(1)(e) and (N). This evaluation must include the cumulative effects of previous encroachments and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than one-half foot is required if, due to the water surface level increase, increased flood damages would potentially result.

         (b)   Alterations or changes that result in stage decreases are allowed and encouraged.

            1.   A regulatory floodway necessary to carry the discharge of the 1% annual chance flood must be selected without increasing the water surface elevation more than one-half foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half foot is required if, due to the water surface level increase, increased flood damages would potentially result; and

            2.   An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modified approach, as approved by the Department of Natural Resources.

            1.   Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries.

            2.   For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the following methodology may be used as an alternative to division (G)(4)(b)1. above, provided these areas are not affected by velocities and the lot is able to accommodate a building site above the regulatory flood protection elevation (RFPE): All areas that are at or below the ordinary high-water level, as defined in M.S. § 103G.005, subd. 14, as amended from time to time, will be considered floodway, and all areas below the base flood elevation (BFE) but above the ordinary high-water level will be considered flood fringe, provided that within 25 feet of the ordinary high-water level, or within the shore impact zone as identified in the community's shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:

               a.   The minimum required to accommodate beach areas, access areas, and accessory structures as permitted, not to exceed a volume greater than ten cubic yards; projects involving volumes exceeding ten cubic yards require floodway/flood fringe determination in accordance with the procedures in division (G)(4)(b)1.; and

               b.   The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as verified by a qualified resource agency or the Zoning Administrator.

      (1)   All lots within floodplain districts must be suitable for a building site outside of the Floodway District.

      (2)   Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the county.

      (3)   All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the county.

      (4)   The Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.

         (a)   New and replacement manufactured homes must be placed and elevated in compliance with division (F) of this section and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

         (b)   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in division (H) of this section.

vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:

         (a)   Meet the requirements for manufactured homes in division (J)(1); or

         (b)   Be travel ready, meeting the following criteria:

            1.   The vehicle must be fully licensed.

            2.   The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick-disconnect type utilities.

            3.   No permanent structural type additions may be attached to the vehicle.

            4.   Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in divisions (D) and (F)(2)(c).

            1.   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

            2.   Location and detail of grading, fill, or storage of materials.

            3.   Copies of any required local, state or federal permits or approvals.

            4.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

            1.   All certifications for dry floodproofing and alternative elevation methods, where applicable.

            2.   Analysis of no-rise in the Floodway District, as detailed in division (E)(2)(a), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in divisions (G)(2)(b) and (G)(3)(a).

            3.   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

            4.   Substantial damage and substantial improvement determinations, as detailed in division (L)(1)(c), including the cost of improvements, repairs, and market value.

            5.   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

            1.   An application for a conditional or interim use permit within the floodplain will be processed and reviewed in accordance with the provisions of this section.

            2.   An application for a variance to the provisions of this section will be processed and reviewed in accordance with M.S. § 394.27, subd. 7, as may be amended from time to time, and this section.

            1.   Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

            2.   Variances from the provisions of this section may only be issued by a community upon:

               a.   A showing of good and sufficient cause;

               b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

               c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

            3.   Variances from the provisions in this section may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

            4.   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

            5.   Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the regulatory flood protection elevation (RFPE).

            6.   The Zoning Administrator must notify the applicant for a variance in writing that:

               a.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

               b.   Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.

            1.   The potential danger to life and property due to increased flood heights or velocities caused by encroachments.

            2.   The danger that materials may be swept onto other lands or downstream to the injury of others.

            3.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

            1.   Limitations on period of use, occupancy, and operation.

            2.   Imposition of operational controls, sureties, and deed restrictions.

            3.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

            4.   Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission, and Board of Adjustment.

         (a)   All notices of public hearings to consider variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or the respective area hydrologist at least ten days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

         (b)   A copy of all decisions granting variances and conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or respective area hydrologist within ten days of final action.

         (a)   Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in division (G)(3), or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.

         (b)   Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this section, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the regulatory flood protection elevation (RFPE).

         (c)   If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in division (L)(2), it may not be reconstructed except in conformity with the provisions of this section. Any structures located outside the 1% annual chance floodplain are exempt from this provision.

         (d)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section.

         (e)   If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in division (D)(3)(a)4. to the greatest extent practicable. This requirement shall apply regardless of the determinations made in division (L)(2).

            1.   Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.

            2.   Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre- damaged condition.

         (c)   Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in division (B) of this section.

            1.   For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted floodplain standards impacting this structure.

            2.   If any nonconforming structure experiences a repetitive loss, as defined in division (B) of this section, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this section.

         (d)   Based on this determination, the Zoning Administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this section.

rules and requirements. The floodplain ordinance shall not be considered valid until approved.

(Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023; Ord. 24-4, passed 6-4-2024)

      (1)   The shorelands zoning regulations of the county will apply to all lakes classified as either natural environment (NE), recreational development (RD) or general development (GD) by the Department of Natural Resources (DNR).

      (2)   The following lakes as mapped on the protected waters and wetlands map, 1984, by the Department of Natural Resources, incorporated herein by reference, are included under the Shoreland Zoning District: