NICOLLET COUNTY ZONING ORDINANCE

Nicollet County
Zoning Ordinance
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Table of Contents
SECTION 1 TITLE, REPEALS ..........................................................................................6
101 TITLE ...................................................................................................................... 6
102 REPEALS ................................................................................................................ 6
SECTION 2 INTENT AND PURPOSE ..............................................................................7
201 INTERPRETATION AND APPLICATION........................................................... 7
SECTION 3 RULES AND DEFINITIONS ........................................................................8
301 RULES ..................................................................................................................... 8
302 DEFINITIONS......................................................................................................... 9
SECTION 4 GENERAL PROVISIONS ...........................................................................42
401 APPLICATION OF THIS ORDINANCE ............................................................. 42
402 SEPARABILITY ................................................................................................... 43
403 EXISTING LOTS .................................................................................................. 43
404 NON-CONFORMING USES AND STRUCTURES............................................ 43
405 ZONING COORDINATION ................................................................................ 44
406 ZONING AND THE POLICIES PLAN ................................................................ 44
SECTION 5 ADMINISTRATION ....................................................................................45
501 ENFORCING OFFICER ....................................................................................... 45
502 APPEALS AND THE BOARD OF ADJUSTMENT AND APPEALS ............... 46
503 VARIANCES......................................................................................................... 48
504 PLANNING AND ZONING ADVISORY COMMISSION ................................. 52
505 CONDITIONAL USE PERMITS ......................................................................... 53
506 ZONING AMENDMENTS ................................................................................... 58
507 PERMITS AND FEES........................................................................................... 60
SECTION 6 ZONING DISTRICTS AND DISTRICT PROVISIONS .............................62
601 ZONING DISTRICTS ........................................................................................... 62
602 AGRICULTURAL PRESERVATION (AG) ........................................................ 63
603 CONSERVANCY (C) ........................................................................................... 67
604 URBAN/RURAL RESIDENTIAL (R-1) .............................................................. 71
605 MULTIPLE FAMILY URBAN (R-2) ................................................................... 75
606 HIGHWAY BUSINESS (B-1) .............................................................................. 79
607 GENERAL BUSINESS (B-2) ............................................................................... 83
608 LIMITED INDUSTRY (I-1) ................................................................................. 87
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609 GENERAL INDUSTRY (I-2) ............................................................................... 91
610 FLOODPLAIN (FP) .............................................................................................. 95
611 SPECIAL PROTECTION (SP) ............................................................................. 99
612 RURAL TOWNSITE (RT) .................................................................................. 103
SECTION 7 PERFORMANCE STANDARDS ..............................................................106
701 PURPOSE ............................................................................................................ 106
702 ACCESS DRIVES, VACATED STREETS, AND TRAFFIC CONTROL ........ 107
703 ACCESSORY USES ........................................................................................... 109
704 AUTOMOBILE SERVICE STANDARDS ........................................................ 110
705 AWNINGS, CANOPIES, AND MARQUEES ................................................... 112
706 BEAUTY SALONS ............................................................................................. 113
707 BED AND BREAKFAST ESTABLISHMENTS ............................................... 114
708 BULK STORAGE (LIQUID) .............................................................................. 115
709 CEMETERIES ..................................................................................................... 116
710 COMMON INTEREST COMMUNITY OR CONDOMINIUM ........................ 117
711 DRIVE-IN BUSINESS DEVELOPMENTS ....................................................... 126
712 DWELLINGS (INCLUDING TEMPORARY DWELLINGS) .......................... 128
713 EXTERIOR STORAGE ...................................................................................... 131
714 FARM WINERIES .............................................................................................. 132
715 FEEDLOTS ......................................................................................................... 135
716 FLOODPLAIN .................................................................................................... 138
717 GLARE ................................................................................................................ 141
718 HOME OCCUPATIONS ..................................................................................... 142
719 HUNTING SHACKS .......................................................................................... 145
720 KENNELS ........................................................................................................... 148
721 LAND PRESERVATION ................................................................................... 151
722 LAND RECLAMATION / DEMOLITION LANDFILL ................................... 157
723 MANUFACTURED HOME PARKS ................................................................. 158
724 MINERAL EXTRACTION ................................................................................. 162
725 PARKING ............................................................................................................ 189
726 PERMITTED ENCROACHMENTS AND EXCEPTIONS ............................... 194
727 PLATTING / CLUSTER DEVELOPMENT ...................................................... 195
728 RECREATIONAL CAMPING AREAS ............................................................. 197
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729 REFUSE............................................................................................................... 202
730 RELOCATING STRUCTURES ......................................................................... 203
731 RURAL REPAIR GARAGE ............................................................................... 205
732 SCREENING, LANDSCAPING, AND MAINTENANCE ................................ 207
733 SEASONAL PRODUCE STANDS .................................................................... 208
734 SEWAGE AND WASTEWATER TREATMENT ............................................. 210
735 SIGNS .................................................................................................................. 245
736 TELECOMMUNICATION TOWERS ............................................................... 254
737 TIMBER HARVESTING .................................................................................... 259
SECTION 8 ENFORCEMENT .......................................................................................261
801 VIOLATIONS ..................................................................................................... 261
802 PENALTIES ........................................................................................................ 262
803 APPLICATION TO COUNTY PERSONNEL ................................................... 262
804 EQUITABLE RELEASE .................................................................................... 262
805 PROSECUTION .................................................................................................. 262
806 CEASE AND DESIST ORDERS ........................................................................ 262
807 AFTER-THE-FACT APPLICATIONS ............................................................... 262
808 PERFORMANCE BONDS ................................................................................. 263
809 INTERPRETATION ........................................................................................... 263
810 SEVERABILITY ................................................................................................. 263
811 ABROGATION AND GREATER RESTRICTIONS ......................................... 263
812 REFERRAL TO OTHER LAWS ........................................................................ 263
SECTION 9 SEPARABILITY, SUPREMACY, AND EFFECTIVE DATE .................264
901 SEPARABILITY ................................................................................................. 264
902 SUPREMACY ..................................................................................................... 264
903 EFFECTIVE DATE ............................................................................................. 264
APPENDIX A ..................................................................................................................266
APPENDIX B ..................................................................................................................266
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NICOLLET COUNTY ZONING ORDINANCE
AN ORDINANCE REGULATING THE USE OF LAND AND WATER IN
NICOLLET COUNTY.
THE NICOLLET COUNTY BOARD ORDAINS IN ACCORDANCE WITH
AUTHORITY GRANTED IN LAWS OF MINNESOTA, CHAPTER 394 AS
AMENDED, AS FOLLOWS:
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SECTION 1 TITLE, REPEALS
101 TITLE
This Ordinance shall be known, cited and referred to as the Nicollet County Zoning
Ordinance and will be referred to herein as THIS ORDINANCE.
102 REPEALS
The existing Nicollet County Zoning Ordinance adopted as amended, is hereby repealed.
The adoption of this Ordinance, however, shall not effect nor prevent any pending or future
prosecution of, or action to abate, any existing violation of the previous said Nicollet County
Zoning Ordinance if the violation is also a violation of this Ordinance.
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SECTION 2 INTENT AND PURPOSE
201 INTERPRETATION AND APPLICATION
1. In their interpretation and application, the provisions of this Ordinance shall be held
to be minimum requirements and shall be liberally construed in favor of the
Governing Body and shall not be deemed a limitation or repeal of any other powers
granted by State Statutes and are adopted for the purpose of:
A. Protecting the public health, safety, morals, comfort, convenience, and general
welfare.
B. Protecting and preserving economically viable agricultural land.
C. Promoting orderly development of residential, commercial, industrial,
recreational, and public areas.
D. Conserving the natural and scenic beauty and attractiveness of the County.
E. Conserving and developing natural resources in the County.
F. Providing for the compatibility of different land uses and the most appropriate
use of land throughout the County.
G. Minimizing environmental pollution.
2. The boundaries of the zoning districts shall be determined by scaling distances on the
Official Zoning Map. Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the Official Zoning Map, as for example where
there appears to be a conflict between a mapped boundary and actual field conditions
and there is a formal appeal of the decision of the Zoning Administrator, the Board of
Adjustment and Appeals shall make the necessary interpretation. Persons contesting
the location of the district boundaries shall be given a reasonable opportunity to
present their case to the Board and to submit technical evidence. In the case of the
floodplain boundary, the Federal Emergency Management Agency (FEMA) will
review the technical data and make the necessary interpretation.
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SECTION 3 RULES AND DEFINITIONS
301 RULES
The language set forth in the text of this Ordinance shall be interpreted in accordance with
the following rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses.
3. The word “shall” is mandatory and the word “may” is permissive.
4. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its
meaning shall be construed as set forth in such definition.
5. All measured distances expressed in feet shall be to the nearest tenth of a foot. In
event of conflicting provisions, the more restrictive provisions shall apply.
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302 DEFINITIONS
The following words and terms, whenever they occur in this Ordinance, are defined as
follows:
1.
Access – A way or means of approach to provide vehicular or pedestrian physical
entrance to a property.
2.
Accessory Use of Structure – A land use or structure which is subordinate to and
serving the principal use or structure on the same lot, and customarily incidental
thereto, including signs, garages, sheds, farm structures, landscaping, fencing, and
necessary for the operation of a permitted or an approved permitted use.
3.
Administrator, Zoning – The duly appointed person charged with enforcement of
this Ordinance.
4.
Agricultural Use – The use of land for the growing and/or production and
processing for local use of field crops, livestock and livestock products for the
production of income including but not limited to the following:
A. Field crops, including but not limited to: barley, soy beans, corn, hay, oats,
potatoes, rye, sorghum, sunflowers, wheat, and tree farming.
B. Livestock, including but not limited to: dairy and beef cattle, goats, horses,
sheep, hogs, poultry, game birds, and other animals including dogs, cats,
ponies, deer, rabbits and milk.
C. Livestock products, including but not limited to: milk, butter, cheese,
eggs, meat, fur, and honey.
The definition includes sale of raw products, but not processing or sale of
processed goods. It also includes feedlots.
5.
Agricultural Use, Industrial – Agricultural processing in excess of that which
would occur on the family farm for local use. The definition includes sale of
processed farm goods.
6.
Airport or Heliport – Any land or structure which is used or intended for use, for
the landing and taking off of aircraft, and any appurtenant land or structure used
or intended for use for port buildings or other port structures or right-of-ways.
7.
Animal Unit – A unit of measure used to compare differences in the production of
animal wastes which has as a standard the amount of waste produced on a regular
basis by a slaughter steer or heifer. Based on Minnesota Rules Chapter 7020,
incorporated by reference as amended by the Minnesota Pollution Control
Agency.
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8.
Apartment – A room or suite of rooms with cooking facilities available which is
occupied as a residence by a single family, or a group of individuals living
together as a single family unit. This includes any unit in buildings with more
than two dwelling units.
9.
Applicant – See Petitioner.
10.
Application – Applications include, but are not limited to, requests to the Property
Services Division for permits, conditional use permits, variances, rezonings,
administrative appeals, zoning map amendments, and plats. Applications are not
considered complete unless an official electronic application is completed, all
associated fees are paid, any necessary preliminary reviews and site visits are
completed, and all required information and documents are submitted. Additional
information may be requested by the Zoning Administrator to process the request.
11.
Application Deadline – The date, as established by the Property Services, by
which an applicant shall submit an application for consideration by the Planning
and Zoning Advisory Commission or the Board of Adjustment and Appeals.
12.
As-Built – Drawings and documentation specifying the final in-place location,
size and type of all system components. These records identify the results of
materials testing and describe conditions during construction. As-builts contain a
certified statement.
13.
Authorized Representative – An employee or agent of the Nicollet County
Property Services Division.
14.
Automobile or Motor Vehicle Reduction Yard – A lot or yard where one or more
unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of
dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap,
storage, or abandonment. (See also Junk Yard)
15.
Awning – A roof-like cover, often of fabric, plastic, metal, or glass, designed and
intended for protection from the weather, or as a decorative embellishment, and
which projects from a wall or roof of a structure, primarily over a storefront,
walk, window, patio, deck, or the like. Any part of an awning which also projects
over a door shall be counted as an awning.
16.
Basement – Means any area of a structure, including crawl spaces, having its floor
or base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
17.
Beauty Salon – A place where generally women go for hair styling, tinting,
manicures and pedicures.
18.
Bed and Breakfast – An owner-occupied dwelling unit where short-term lodging
rooms and meals are provided.
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19.
Bedroom – Any room used principally for sleeping purposes, an all-purpose
room, a study, or a den. For the sole purpose of estimating design flows for
dwellings, an area that is:
A. A room designed or used for sleeping; or
B. A room or area of a dwelling that has a minimum floor area of seventy
(70) square feet with access gained from the living area or living area
hallway.
Architectural features that affect the use as a bedroom under this item may be
considered in making the bedroom determination.
20.
Bluffline – A line along the top of a slope connecting the points at which the slope
becomes less than twelve (12) percent. This applies to those slopes within the
land use district(s) which are beyond the setback provisions from the ordinary
high water mark.
21.
Boarding House (Rooming or Lodging House) – A building other than a motel or
hotel where, for compensation and by prearrangement for definite periods, meals
or lodgings are provided for three or more persons, but not to exceed twenty (20)
persons.
22.
Board of Adjustment and Appeals – A board established by County ordinance
with the authority to order the issuance of variances, hear and decide appeals from
a member of the affected public and review any order, requirement, decision, or
determination made by any administrative official charged with enforcing any
ordinance adopted pursuant to the provision of Minnesota Statutes, Sections
394.21 to 394.37, as amended, order the issuance of permits for buildings in areas
designated for future public use on an official map and perform such other duties
as required by the official controls.
23.
Boathouse – A one (1) story structure not to exceed fifteen (15) feet in height for
the purpose of storage of boats and accessories, the top of which may be used as
an enclosed deck with safety railing.
24.
Building – A structure having a roof which may provide shelter or enclosure of
persons, animals, chattel, or property of any kind and when said structures are
divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
25.
Building Line – A line parallel to the street right-of-way line at any story of a
building and representing the minimum distance which all or any part of the
building is set back from said right-of-way.
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26.
Building Line, Shoreland – A line measured across the width of the lot where the
main structure is placed in accordance with setback provisions from the ordinary
high water mark.
27.
Building Height – The vertical distance to be measured from the grade of a
building line to the top, to the cornice of a flat roof, to the deck line of a mansard
roof, to a point on the roof directly above the highest wall of a shed roof, to the
uppermost point on a round or other arch type roof, to the mean distance of the
highest gable on a pitched or hip roof.
28.
Buildable Lot – A contiguous parcel which will have access by way of a pubic
road. The lot shall also meet current one (1) new dwelling per quarter-quarter
standards and current setbacks.
29.
Building Setback – The minimum horizontal distance between the building and a
lot line.
30.
Bulk Storage (Liquid) – Bulk storage of oil, gasoline, liquid fertilizer, chemicals,
and similar liquids in excess of 2,500 gallons in above ground storage containers.
31.
Business – Any occupation, employment or enterprise wherein merchandise is
exhibited or sold, or where services are offered for compensation.
32.
Business Day – The Nicollet County Property Services Division hours of
operation shall be from 8 a.m. to 4:30 p.m., not including legal holidays.
33.
Camping Establishment, Seasonal – Any recreational camping area which
operates for a continuous period of six (6) months (183 days) or less during a
calendar year.
34.
Camping Establishment, Year-Round – Any recreational camping area which
operates on a year-round basis, in excess of six (6) months (183 days).
35.
Camping Unit – Tents, recreational camping vehicles, or any other device or
vehicular-type structure as may be developed, marketed, and used by the camping
trade for use as temporary living quarters or shelter during periods of recreation,
vacation, leisure time, or travel.
36.
Campsite – Any plot of ground within a recreational camping area used or
intended for the exclusive occupation by a camping unit or units under the control
of a camper.
37.
Campsite Accessory Storage Structure – Any temporary or permanent structure
designed for storage purposes intended for use by occupants of a campsite.
38.
Campsite, Dependent – Campsites which do not have sewer connections and are
dependent upon a central facility for this utility.
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39.
Campsite, Independent – Campsites which are provided with individual sewer
connections.
40.
Campsite, Seasonal – A campsite intended for occupancy by the same camping
unit for a period of thirty (30) days or longer.
41.
Campsite, Transient – A campsite intended for occupancy by camping unit and
rented by the day or week and occupied by the same camping unit for up to thirty
(30) days.
42.
Canopy – A roof-like cover, often of fabric, plastic, metal, or glass on a support,
which provides shelter over a doorway.
43.
Carport – An automobile shelter having one or more sides open.
44.
Certificate of Compliance, SSTS – A document, from a licensed sewage treatment
inspector fully licensed by the State of Minnesota or a Qualified Employee,
provided to the owner of property on which a dwelling is located which is
required to have an SSTS that is not a failing system nor an imminent threat to
public health or safety and, for new construction and replacement, is constructed
in compliance with Minnesota Rules, Chapter 7080, as amended.
45.
Certified Statement – Is a statement by a licensed or Qualified Employee,
identified by license or registration numbers, certifying that the licensed or
Qualified Employee completes work in accordance with applicable requirements.
46.
Church – A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship.
47.
Cistern – An artificial reservoir where water is collected and stored for use.
48.
Class V Injection Well – A shallow well used to place a variety of fluids directly
below the land surface. This includes SSTS that are designed to receive sewage
or non-sewage from a two (2) family dwelling or greater or receive sewage or
non-sewage from another establishment that serves more than twenty (20) persons
per day. The US Environmental Protection Agency and delegated state
groundwater programs permit these wells to inject wastes below the ground
surface provided they meet certain requirements and do not endanger
underground sources of drinking water. Class V motor vehicle waste disposal
wells and large-capacity cesspools are specifically prohibited (see 40 Code of
Federal Regulations Parts 144 & 146).
49.
Clear Cutting – A regeneration or timber harvesting method that removes
essentially all trees from an area in one operation.
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50.
Cluster System – A SSTS under some form of common ownership that collects
wastewater from two (2) or more dwellings or buildings and conveys it to a
treatment and dispersal system located on an acceptable site near the dwellings or
buildings.
51.
Clustering/Cluster Housing – The development pattern and technique whereby
structures are arranged in closely related groups to make the most efficient use of
the natural amenities of the land.
52.
Common Interest Community (CIC) – A development whereby buildings are
grouped or clustered in and around common open space areas in accordance with
a prearranged site plan and where the common open space is owned by the
homeowners and usually maintained by a homeowners association.
53.
Compliance Inspection – An evaluation, investigation, inspection, or other such
process for the purpose of issuing a certificate of compliance or notice of
noncompliance.
54.
Comprehensive Plan or Policies – A compilation of goals, policy statements,
standards, programs and maps for guiding the physical, social and economic
development, both public and private, of the County and its environs, as defined
in the Minnesota County Planning Act, and includes any unit or part of such plan
separately adopted and any amendment to such plan or parts thereof.
55.
Commercial WECS – A WECS which is equal to or greater than two hundred
(200) feet in total height.
56.
Commissioner – Commissioner of the Department of Natural Resources and/or
Minnesota Pollution Control Agency.
57.
Community Water and Sewer Systems – Utilities systems serving a group of
buildings, lot, or any area of the community, with the design and construction of
such utility systems as approved by the community and the State of Minnesota.
58.
Conditional Use – See “Use, Conditional”.
59.
Condominium – A form of individual ownership with a multi-family building
with joint responsibility for maintenance and repairs. In a condominium, each
apartment or townhouse is owned outright by its occupant, and each occupant
owns a share of the land and other common property of the building.
60.
Conservancy – A zoned area, the purpose of which is to protect the natural
resources and manage areas unsuitable for development.
61.
Cooperative – A multi-unit development operated for and owned by its occupants.
Individual occupants do not own their specific housing unit outright as in a
condominium, but they own shares in the enterprise.
[14]
62.
County – Nicollet County, Minnesota.
63.
County Board – Nicollet County of Board Commissioners.
64.
Curb Level – The grade elevation of the curb in front of the building as
established by the governing body. Where no curb level has been established, the
engineering staff shall determine a curb level or its equivalent for the purpose of
this Ordinance.
65.
Deadline Date – The date as established by the Property Services Division in
reference to an application for the Planning and Zoning Advisory Commission or
the Board of Adjustment and Appeals.
66.
Department – The Nicollet County Zoning Administrator, the Environment
Services Department, or other designated agent.
67.
Design Flow – The daily volume of wastewater for which an SSTS is designed to
treat and discharge.
68.
Dewatering (Mineral Extraction) – The pumping, extraction, or removal of
surface and subsurface water.
69.
Distilled Spirits – Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey,
rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial use.
70.
Ditch (public or private) – As defined in under and with reference to the
provisions of Minnesota Statutes Chapter 103E.
71.
Drive-In – Any use where products and/or services are provided to the customer
under conditions where the customer does not have to leave the car or where fast
service to the automobile occupants is a service offered regardless of whether
service is also provided within a building.
72.
Dwelling – A residential building or portion thereof intended for occupancy by a
single family, but not including hotels, motels, boarding or rooming houses or
tourist homes.
73.
Dwelling Attached – A dwelling which is joined to another dwelling at one (1) or
more sides by a party wall or walls.
74.
Dwelling Detached – A dwelling which is entirely surrounded by open space on
the same lot.
75.
Easement – A grant by a property owner for the use of a strip of land by the
public or any person for any specific purpose or purposes.
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76.
Encroachment, Equal Degree of – A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
77.
Erosion Control and Wildlife Developments – Structures, water control
developments, and ponds which are installed to control soil erosion or increase
the habitat for wildlife, including but not limited to; erosion control structures,
dams, diversions, terraces, waterways, culverts, pits and ponds.
78.
Essential Services – Overhead or underground electric, gas, communication,
sewage, steam or water transmission or distribution systems and structures, by
public utilities or governmental departments or commissions or as are required for
protection of the public health, safety, or general welfare, including towers, poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call
boxes, and accessories in connection therewith, but not including buildings.
79.
Expansion – Enlargement or intensification; any increase in a dimension, size,
area, volume or height, any increase in the area of use, any placement of a
structure or part thereof where none existed before.
80.
Exterior Storage (including open storage) – The storage of goods, materials,
equipment, manufactured products and similar items not fully enclosed by a
building.
81.
Failing Systems – Any ISTS that fails to protect groundwater, discharges sewage
to a seepage pit, drywall or leaching pit and any system constructed prior to June
3, 1997 with less the two (2) feet of soil or sand between the bottom of the
distribution medium and the saturated soil level or bedrock. In addition any
system posing an imminent threat to public health or safety as defined in
Minnesota Rules 7080.0020 Subp. 19a shall be considered failing.
82.
Failure to Protect Groundwater – At a minimum, a SSTS that does not protect
groundwater is considered to be a seepage pit, cesspool, drywell, leaching pit, or
other pit; a SSTS with less than the required vertical separation distance,
described in Minnesota Rules Chapter 7080.1500 Subp. 4 D and E; and a system
not abandoned in accordance with part 7080.2500. The determination of the
threat to groundwater for other conditions shall be made by a Qualified Employee
or an individual licensed inspector.
83.
Family – An individual, or two (2) or more persons related by blood, marriage or
adoption, living together as a single housekeeping unit in a dwelling unit.
84.
Farm – A tract of land which is principally used for agricultural activities such as
the production of cash crops, livestock or poultry farming. Such farms may
include agricultural dwellings and accessory buildings and structures necessary to
the operation of the farm.
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85.
Farm Winery – A winery operated by the owner of a Minnesota farm which
produces table, sparkling, or fortified wines from grapes, grape juice, other fruit
bases, or honey with a majority of the ingredients grown or produced in
Minnesota.
86.
Feedlot – A lot or building or combination of lots and buildings intended for the
confined feeding, breeding, raising or holding of animals and specifically
designed as a confinement area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover cannot be maintained
within the enclosure. For purposes of this Ordinance, open lots used for the
feeding and rearing of poultry (poultry ranges) shall be considered to be animal
feedlots. Pastures shall not be considered animal feedlots under these rules.
Manure storage areas off the site of the feedlot will be considered as a feedlot for
this Ordinance.
87.
Feedlot, New – A feedlot permitted after the adoption of the December 12, 2000
Ordinance revision.
88.
Felling – The process of severing trees from stumps.
89.
Fence – A fence is defined for the purpose of this Ordinance as any partition,
structure, wall or gate erected as a dividing marker, barrier or enclosure and
located along the boundary, or within the required yard.
90.
Flood – A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
91.
Flood Frequency – The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
92.
Flood Fringe – That portion of the floodplain which is located outside of the
floodway and which has been or hereafter may be covered by the regional flood.
Flood fringe is synonymous with the term “floodway fringe” used in the Flood
Insurance Study for Nicollet County.
93.
Floodlight – A device which casts a wide beam of light, between forty-five (45)
and one hundred and twenty (120) degrees.
94.
Flood Plain – The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
[17]
95.
Flood Proofing – A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages. For the purposes of this Ordinance, the
classification of buildings and structures (FP-1 through FP-4 shall be as defined in
Section 210.1 of the 1972 Edition of “Flood-Proofing Regulations,” as developed
by the Office of Engineers, U.S. Army, Washington, D.C., and adopted by
reference and declared to be a part of this Ordinance.
96.
Flood Protection Elevation, Regulatory – A point not less than one (1) foot above
the water surface profile associated with the regional flood plus any increases in
flood heights attributable to encroachments on the floodplain. It is the elevation
to which uses regulated by this Ordinance are required to be elevated or flood
proofed.
97.
Floodway – The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry
or store the regional flood discharge.
98.
Floor Area – The sum of the gross horizontal areas of the several floors of the
building or portion thereof devoted to a particular use, including accessory storage
areas located within selling or working space and including any basement floor
area devoted to retailing activities, to the production or processing of goods, or to
business or professional offices. However, the floor areas shall not include:
basement floor area other than area devoted to retailing activities, the production
or processing of goods, or to business or professional offices.
99.
Floor Area Ratio – The numerical value obtained through dividing the gross floor
area of a building or buildings by the net areas of the lot or parcel of land on
which such building or buildings are located.
100.
Floor Plan, General – A graphic representation of the anticipated utilization of the
floor area within a building or structure but not necessarily as detailed as
construction plans.
101.
Forestry – The use and management of a forest, woodland, or plantation for
commercial, research, and educational activities, including timber harvesting and
the construction, alteration, or maintenance of wood roads, skidways, landings,
and fences.
102.
Frontage – That boundary of a lot which abuts an existing or dedicated public
street.
103.
Garage – An accessory building or portion of the principal building which is
intended for and used to store the private passenger vehicles of the family or
families resident upon the premises.
104.
Governing Body – Nicollet County Board of Commissioners.
[18]
105.
Government Buildings – Government offices, garages, and utility buildings.
106.
Habitable Room – A space used for living, sleeping, eating or cooking, or a
combination thereof, but not including bathrooms, toilet compartments, closets,
halls storage rooms, laundry and utility rooms, cellars and similar spaces.
107.
Highly Permeable Soil – Means soils whose soil leaching potentials are rated as
severe, poor filter for pesticide loss, by the Natural Resources Conservation
Service using the procedure found in part 620, Soil Interpretation Rating Guides
of the United States Department of Agriculture-Natural Resources Conservation
Service National Soil Survey Handbook.
108.
Highway – Any public thoroughfare or vehicular right-of-way with a federal, state
or county numerical route designation.
109.
Holding Pond – An impoundment made by excavation, earth fill, concrete,
fabricated steel or other suitable material for the safe non-water polluting
temporary storage of animal or other agricultural waste, usually for a period of six
(6) to twelve (12) months.
110.
Home Occupation – Any occupation or profession engaged in by the occupant of
a dwelling which is clearly secondary to the principal use of the property as a
residence, when carried on within said dwelling, or an accessory building or
structure located on the same property. The occupant engaged in the home
occupation must legally and physically reside at the location on which the home
occupation is permitted.
111.
Horse Stable – A horse raising and breeding operation that involves traffic of
persons living offsite in connection with horse training, riding lessons, shows and
boarding.
112.
Horticulture – Horticultural uses and structures designed for the storage of
products and machinery pertaining and necessary thereto.
113.
Hotel – A building which provides a common entrance, lobby, halls and stairway
and in which twenty (20) or more people are, for compensation, lodged with or
without meals.
114.
Hunting Shack – A limited use structure, the purpose of which is for the
enjoyment of the natural environment, which may or may not be utilized for
overnight shelter and/or short term habitation, with no indoor plumbing, and
which is greater than sixty-four square feet in size.
115.
Incorporation – The mixing of manure or septage with the topsoil, concurrent
with the application or immediately thereafter, by means such as disking,
plowing, rototilling, injection or other mechanical means.
[19]
116.
Imminent Threat to Public Health and Safety – At a minimum a SSTS with a
discharge of sewage or sewage effluent to the ground surface, drainage systems,
ditches, or storm water drains or directly to surface water; SSTS that cause a
reoccurring sewage backup into a dwelling or other establishment; SSTS with
electrical hazards; or sewage tanks with unsecured, damaged, or weak
maintenance access covers. The determination of protectiveness for other
conditions shall be made by a Qualified Employee or a SSTS inspection business
licensed pursuant to Article IV Section 5 hereof, as amended.
117.
Indemnification Agreement – An agreement provided to the County and signed
by the permittee which indemnifies and saves the County, holding it harmless
from all losses, damages, costs and charges that may be incurred by the County
due to the failure of the permittee to conform to and comply with the provision of
this Ordinance.
118.
Individual Sewage Treatment System (ISTS) – An individual sewage treatment
system or part thereof, as set forth in Minnesota Statutes, Sections 115.03 and
115.55, as amended, that employs sewage tanks or other treatment devices with
final discharge into the soil below the natural soil elevated final grade that are
designed to receive a sewage design flow of five thousand (5,000) gallons per day
or less. ISTS includes the holding tanks and privies that serve these same
facilities. ISTS does not include building sewers or other components regulated
under Chapter 4715 or collection systems.
119.
Industrial Sewage Waste – Sewage containing waste from activities other than
sanitary waste from industrial activities including, but not limited to, the
following uses defined under the Standard Industrial Classification (SIC) Codes
established by the U.S. Office of Management and Budget.
120.
Inspector – An individual qualified to review proposed plans and inspect SSTS
and who meets the licensure and registration requirements of the Minnesota
Pollution Control Agency.
121.
Intersection Functional Area – The functional area on the approach to an
intersection or driveway consists of three basic elements: (1) perception reaction
distance, (2) maneuver distance, and (3) queue-storage distance. The maneuver
distance includes the length needed for both braking and lane changing when
there is a left or right turning lane. In the absence of turn lanes, the maneuver
distance is the distance to brake to a comfortable stop. For all roads in the
County, the intersection functional area is set at six hundred (600) feet from the
intersection as measured at the intersecting point of the right of ways of the roads.
122.
Irrigation System – Any structure or equipment, mechanical or otherwise, used to
supply water to cultivate fields or supplement normal rainfall including but not
limited to wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks,
ponds, and reservoirs.
[20]
123.
Junk Yard – An open area where waste, used, or secondhand materials are bought,
sold, exchanged, stored, baled, packed, disassembled, or handled, including but
not limited to: scrap iron, and other metals, paper, rags, rubber, tires, and bottles.
A junk yard includes an automobile wrecking yard but does not include uses
established entirely within enclosed buildings. This definition does not include
sanitary landfills.
124.
Kennel, Dog/Cat – Commercial Boarding – A commercial boarding kennel is a
for-profit activity where dogs/cats are brought to the facility by their owner and
boarded for limited periods of time. Boarded animals are kept separate, are not
allowed to engage in breeding, and are not for sale.
125.
Kennel, Dog/Cat – Commercial Breeding – A commercial breeding kennel is a
commercial activity where four (4) or more dogs/cats over six (6) months of age
are kept for breeding purposes, engage in breeding activities and birthing, and
where resulting young are raised for sale.
126.
Kennel, Dog – Commercial Guard, Attack, or Personal Protection Training – A
facility which trains, sells, rents, leases, or loans guard dogs for the purpose of
defending, patrolling, or protecting properties or persons.
127.
Kennel, Dog/Cat – Commercial Training – A facility used for training dogs/cats
either individually or in classes. Said facility may include training in obedience,
search and rescue, substance detection, or assistance to individuals with
disabilities, but shall not include guard, attack, or personal protection dog
training.
128.
Lagoon (Animal) – An impoundment made by excavation of earth fill for the safe
non-water polluting biological treatment of animal or other agricultural waste.
129.
Land Excavation – Any non-agricultural artificial digging and removal of earth
exceeding fifty (50) square feet of surface area of two (2) feet in depth, excavated
or made by the removal from the natural surface of the earth, or sod, soil, sand,
gravel, stone or other natural matter, or made by turning, breaking or undermining
the surface of the earth.
130.
Land Spreading – The placement of septage of human waste from septic or
holding tanks on or into the soil surface.
131.
Land Use – Any activity that involves use of the land or environmental quality
involving structures, alteration of the land form or alteration of land, air or water
quality. This includes, but is not limited to, buildings, essential services,
agriculture, natural resource harvesting, commerce, industry, residential
development, and storm water systems.
[21]
132.
Land Use Development Application – The term includes, but is not limited to,
applications for the following: construction permits, ISTS permits, vegetative
alteration permits, topographic alterations permits, or other types of zoning
permits, conditional use permits, amendments to this Ordinance, and the
subdivision of real estate. The application is not considered complete and will not
be accepted by the Property Services Division unless all fees are paid, preliminary
reviews and approvals are completed, associated supporting information and
documents are submitted, and such other information as required by the Zoning
Administrator.
133.
Landfill, Demolition – A place for the disposal of demolition wastes including
waste building materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition.
134.
Landfill, Solid Waste – A place for the disposal of solid waste including garbage,
refuse and other discarded solid materials resulting from residential, commercial,
industrial and community activities.
135.
Landscaping – Plantings such as trees, grass, and shrubs.
136.
Livestock Waste Lagoon – A bermed enclosure for disposal of livestock waste by
natural process.
137.
Lodging Room – A room rented as sleeping and living quarters, but without
cooking facilities. In a suite of rooms, without cooking facilities, each room
which provides sleeping accommodations shall be counted as one lodging room.
138.
Logging – See Timber Harvesting.
139.
Lot – A parcel or portion of land, separated from other parcels or portions by
description as on a subdivision or record of survey map, or recorded metes and
bounds description for the purpose of sale or lease or separate use thereof. See
Property.
140.
Lot Area – The area of a lot in a horizontal plane bounded by the lot lines.
141.
Lot Area, Buildable – That contiguous portion of a lot remaining after the deletion
of any floodplain, road right-of-ways, setback areas, wetlands, slopes of twelve
(12) percent or greater, and protected waters.
142.
Lot Corner – A lot situated at the junction of, and butting on two (2) or more
intersecting streets, or a lot at the point of deflection in alignment of a continuous
street, the interior angle of which does not exceed one hundred and thirty-five
(135) degrees.
[22]
143.
Lot Depth – The mean horizontal distance between the front lot line and the rear
lot line of a lot.
144.
Lot Line – The property line bounding a lot except that where any portion of a lot
extends into the public right-of-way. The right-of-way line shall be the lot line
for applying this Ordinance.
145.
Lot Line, Front – That boundary of a lot which abuts an existing or dedicated
public street, and in the case of a corner lot it shall be the shortest dimensions on a
public street. If the dimensions of a corner lot are equal, the front line shall be
designated by the owner and filed with the County Board.
146.
Lot Line, Rear – That boundary of a lot which is opposite the front lot line. If the
rear line is less than ten (10) feet in length, or if the lot forms a point at the rear,
the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and
at the maximum distance from the front lot line.
147.
Lot Line, Side – Any boundary of a lot which is not a front lot line or a rear lot
line.
148.
Lot of Record – Any lot which is one (1) unit of a plat heretofore duly approved
and filed, or one (1) unit of an Auditor’s Subdivision or a Registered Land Survey
of Subdivision of land by metes and bounds description that has been recorded in
the office of the County Recorder for Nicollet County, Minnesota.
149.
Lot, Substandard – A parcel of land that has less than the minimum area or
minimum dimensions required in the zone in which the lot is located.
150.
Lot, Through – A lot which has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot. On a through lot, both
street lines shall be front lines for applying this Ordinance.
151.
Lot Width – The horizontal distance between the side lot lines measured at the
building setback line.
152.
Malfunction – The partial or complete loss of function of a SSTS component,
which requires a corrective action to restore its intended function.
153.
Management Plan – A plan that requires the periodic examination, adjustment,
testing, and other operational requirements to meet system performance
expectations, including a planned course of action in the event a system does not
meet performance expectations.
[23]
154.
Manufactured Home – Manufactured homes are living quarters designed for
transportation after fabrication on streets and highways on its own wheels or on
flatbed or other trailers, and arriving at the site where it is to be occupied as a
dwelling completer and ready for occupancy, except for minor and incidental
unpacking and assembly operations, location on jacks or permanent foundations,
connection to utilities and the like. A manufactured home will be defined by
reference to the latest publication of the Federal Manufactured Home
Construction and Safety Standards Act of 1974 and Minnesota Statutes, Chapter
327.
155.
Manufactured Home, Derelicts – Means any pre-code manufactured home or
manufactured home that no longer complies with the Minnesota Manufactured
Home Code. This definition is applicable when said manufactured home is
parked, stored, or abandoned and when it is no longer fit (or being used) for
human habitation.
156.
Manufactured Home Park – Any site, lot, field, or tract of land under single
ownership, designed, maintained or intended for the placement of two (2) or more
occupied manufactured homes. “Manufactured Home Park” shall include any
buildings, structure, vehicle or enclosure intended for use as part of the equipment
of such manufactured home park.
157.
Manufactured Home Stand – The part of an individual manufactured home lot
which has been reserved for placement of the manufactured home, appurtenant
structures, or additions.
158.
Marquee – Any permanent roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of that building, generally
designed and constructed to provide protection from the weather.
159.
Meteorological Tower – 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 Minnesota
Department of Transportation, or other similar applications to monitor weather
conditions.
160.
Metes and Bounds Description – A description of real property which is not
described by reference to a lot or block shown on a map, but is described by
starting at a known point and describing the bearing and distances of the lines
forming the boundaries of the property or delineates a fractional portion of a
section, lot or area by described lines or portions thereof.
161.
Micro-WECS – A WECS which is less than one hundred (100) feet in total
height.
[24]
162.
Midsized Subsurface Sewage Treatment System (MSTS) – A midsized subsurface
sewage treatment system under single ownership that receives sewage from
dwellings or other establishments having a design flow of more than five
thousand (5,000) gallons per day to a maximum of ten thousand (10,000) gallons
per day.
163.
Migratory Labor Camp – Temporary facilities provided by the employer on his
own land for the housing of workers who for seasonal purposes are employed in
the planting, harvesting, or processing of crops.
164.
Mineral Extraction –The definition of mineral extraction includes, but is not
limited to, the following activities:
A. Any process or method of extracting, mining, digging, excavating,
drilling, blasting, tunneling, dredging, stripping, or removing metals,
minerals, or materials from the land surface or underground.
B. The processing, crushing, washing, separation, compounding, cleaning,
screening, filtering, sorting, stockpiling, mixing, blending, and storage of
extracted material.
C. The removal and transportation of extracted material.
D. All activities occurring at extraction sites, including sites identified as
quarries and sand pits.
165.
Mineral Extraction Facility – Any area that is being used for the removal,
stockpiling, processing, transportation, or storage of extracted metals, minerals, or
materials; any area where an activity occurs which meets the definition of mineral
extraction, as defined in this Ordinance.
166.
Mineral Extraction Operation – The process, or series of actions, involved in
mineral extraction, including all removal, processing, transportation, and storage
of minerals and their related structures and equipment
167.
Mineral Extraction Operator – Any person or persons, partnerships, or
corporations or assignees, including public or governmental agencies, engaging in
mineral extraction.
168.
Mineral Extraction Site – The property on which mineral extraction is permitted.
169.
Mining – See Mineral Extraction.
[25]
170.
Minor Repair – The repair or replacement of an existing damaged or faulty
component/part of an SSTS that will return the SSTS to its operable condition
provided it is not failing to protect ground water or an imminent threat to public
health and safety. The repair shall not alter the original area, dimensions, design,
specifications or concept of the SSTS.
171.
Modular Home – A non-mobile housing unit that is basically fabricated at a
central factory and transported to a building site where final installations are
made, permanently affixing the module to the site.
172.
Motel (Tourist Court) – A building or group of detached, semi-detached, or
attached buildings containing guest rooms or dwellings, with garage or parking
space conveniently located to each unit, and which is designed, used or intended
to be used primarily for the accommodation of automobile transients.
173.
Mottling – As applied to soils, means a zone of chemical and reduction activity,
appearing as splotchy patches of red, brown, or grey in the soil. In subsoils with a
color value of four (4) or more, the term mottling also includes soil having matrix
colors with chroma of two (2) or less as described in “Keys to Soil Taxonomy” 5th
edition, 1992 Soil Management Support Services, technical monograph No. 19,
which is incorporated by reference.
174.
MPCA – Minnesota Pollution Control Agency.
175.
Multiple Dwelling (Apartment Building) – Three or more dwelling units in one
(1) structure.
176.
Non-Commercial WECS – A WECS equal to or greater than one hundred (100)
feet in total height, but less than two hundred (200) feet in total height.
177.
Notice of Noncompliance – A document written and signed by a certified
inspector after a compliance inspection that gives notice that an ISTS is not in
compliance as specified under part Minnesota Rules Chapter, 7080.1500, as
amended.
178.
Nursery – A tract of land that is principally used for the planting and growing of
trees, flowering and decorative plants, and shrubs, for experimental purposes or
for transplanting.
179.
Nursery, Retail – The growing, cultivation, storage, and sale of garden plants,
flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and
similar accessory and ancillary products, to the general public.
180.
Nursery, Wholesale – The growing, cultivation, storage and sale of garden plants,
flowers, trees, and shrubs to landscapers, developers, builders, and retail
nurseries.
[26]
181.
Nursing Home – A building with facilities for the care of children, the aged,
infirm, or place of rest for those suffering bodily disorder. Said nursing home
shall be licensed by the State Board of Health as provide for in Minnesota Statute,
Section 144.50, as amended.
182.
Obstruction – Any dam, wall, wharf, embankment, levee, berm, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across or projecting into any
channel, watercourse, or regulatory flood plain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
183.
Off Street Loading Space – A space accessible from a street, alley, or driveway
for the use of trucks or other vehicles while loading or unloading merchandise or
materials. Such space shall be of size as to accommodate one (1) vehicle of the
type typically used in the particular business.
184.
Open Sales Lot (Exterior Storage) – Any land used or occupied for the purpose of
buying and selling any goods, materials, or merchandise, and for the storing of
same under the open sky, prior to sale.
185.
Operating Permit – A permit required for an MSTS, Type IV and Type V systems
or any other system deemed by the Department to require operational oversight.
Operating permits shall include monitoring and maintenance requirements and a
mitigation plan.
186.
Ordinary High Water Mark – A mark delineating the highest water level which
has been maintained for a sufficient period of time to leave evidence upon the
landscape. The ordinary high water mark is commonly that point where the
natural vegetation changes from predominantly aquatic to predominantly
terrestrial. In areas where the ordinary high water mark is not evident, setbacks
shall be measured from the stream bank of the following water bodies that have
permanent flow or open water; the main channel, adjoining side channels,
backwaters and sloughs.
187.
Parcel – See Property.
188.
Parking Space – A suitable surfaced and permanently maintained area on
privately owned property either within or outside of a building of sufficient size to
store a standard automobile.
189.
Pasture – A fenced in area for livestock where a vegetative cover is maintained.
190.
Pedestrian Way – A public or private right-of-way across or within a block to be
used by pedestrians.
[27]
191.
Permeability – The maximum rate of water movement through the soil, usually
expressed in inches per hour.
192.
Petitioner – The owner of the land or their legally appointed representative who is
seeking action on a request submitted to the Property Services Division for
permits, a variance, a conditional use permit, or any other official control
administered by the department.
193.
Pipeline – An essential service that involves underground piping of flammable or
hazardous material, not including distribution of natural gas to area users (service
lines).
194.
Planned Unit Development (PUD) – See Common Interest Community.
195.
Planning Commission – The Planning and Zoning Advisory Commission of
Nicollet County, except when otherwise designated. See Planning and Zoning
Advisory Commission.
196.
Planning and Zoning Advisory Commission – The County Planning Commission,
created by ordinance with the responsibility for reviewing and approving
applications for development, preparation of plans, and other duties as specifically
provided for in the state enabling act.
197.
Prefabricated Home – A non-mobile housing unit, the walls, floors and ceilings of
which are constructed at a central factory and transported to a building site where
final construction is completed, permanently affixing the unit to the site.
198.
Principal Structure or Use – One which determines the predominant use as
contrasted to accessory use or structure.
199.
Property – A lot, site, parcel, or tract of land together with the buildings and
structures located thereon.
200.
Property Line – The legal boundaries of a parcel of property which may also
coincide with a right-of-way line of a road, cartway, and the like.
201.
Protective Covenant – A contract entered into between private parties which
constitutes a restriction of the use of a particular parcel of property.
202.
Public Land – Land owned or operated by municipal, school district, county, state
or other governmental units.
203.
Qualified Employee – A state or local government employee who designs,
installs, maintains, pumps, or inspects SSTS as part of the person’s employment
duties and is listed on the SSTS professional register verifying specialty area
endorsements applicable to the work being conducted.
[28]
204.
Quarter/Quarter Section – A division of a section of land according the survey
and rules of the original United States Government Land Survey, containing
approximately forty (40) acres.
205.
Reach – A term used to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment
of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
206.
Reclamation – To renew land to self-sustaining long-term use which is
compatible with contiguous land uses, present and future, in accordance with the
standards set forth in this Ordinance.
207.
Recreation, Commercial – Includes uses relating to outdoor recreation, such as
hunting and shooting facilities, shooting ranges, driving ranges, and golf courses
that are privately owned and operated with the intention of earning a profit by
providing entertainment for the public. The definition does not include
recreational camping areas, movie theaters, bowling alleys, or lodging facilities.
208.
Recreation Equipment – Play apparatus such as swing sets and slides, sandboxes,
poles for nets, unoccupied boats, and trailers not exceeding twenty (20) feet in
length, picnic tables, lawn chairs, barbecue stands, and similar equipment or
structures but not including tree houses, swimming pools, or play houses
exceeding twenty five (25) square feet of floor area, or sheds utilized for storage
of equipment.
209.
Recreation, Public – Includes all uses such as tennis courts, ball fields, picnic
areas, and the like that are commonly provided for the public at parks,
playgrounds, community centers, and other sites owned and operated by a unit of
government for the purpose of providing recreation.
210.
Recreational Camping Area – Any area whether privately, or publicly, owned,
used for the accommodation of five or more camping units free of charge or for
compensation. This definition is not intended to include: children's camps,
industrial camps, migrant labor camps, United States Forest Service camps, state
forest service camps, state wildlife management areas or state-owned public
access areas which are restricted in use to picnicking and boat landing, and
temporary holding areas for self-contained recreational camping vehicles created
by and adjacent to motor sports facilities, if the chief law enforcement officer of
an affected jurisdiction determines that it is in the interest of public safety to
provide a temporary holding area, as defined by Minnesota State Statute.
211.
Recreational Camping Vehicle – Recreational camping vehicles include the
following:
A. Any vehicular, portable structure built on a chassis, designed to be used as
a temporary dwelling for travel, recreation, and vacation use.
[29]
B. Any structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation, and vacation.
C. Any portable, temporary dwelling to be used for travel, recreation, and
vacation, constructed as an integral part of a self-propelled vehicle.
D. Any folding structure mounted on wheels and designed for travel,
recreation, and vacation use.
212.
Recreational Camping Vehicle Addition – Any attachment to a recreational
camping vehicle, including, but not limited to, decks, screened porches, solid
walled additions, or any combination thereof.
213.
Redoximorphic Features – Redoximorphic concentrations, redoximorphic
depletions, reduced matrices, a positive reaction to alpha, alpha-dipyridyl, and
other features indicating the chemical reduction and oxidation of iron and
manganese compounds resulting from saturation.
214.
Refuse – Putrescible and non-putrescible solids wastes, including, but not limited
to, garbage, rubbish, ashes, incinerator ashes, incinerator residue, street cleanings,
and market and industrial solid wastes, and sewage treatment wastes which are in
a dry form.
215.
Regional Flood – A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of a 1% flood / one
hundred (100) year recurrence interval. Regional flood is synonymous with the
term “base flood” used in the Flood Insurance Study.
216.
Registered Land Survey – A survey map of registered land designed to simplify a
complicated metes and bounds description, designating the same into a tract or
tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47.
217.
Regulatory Flood Protection Elevation – The Regulatory Flood Protection
Elevation shall be an elevation no lower than one (1) foot above the elevation of
the regional flood plus any increases in flood elevation caused by encroachments
on the flood plain that result from designation of a floodway.
218.
Road – A public right-of-way affording primary access by pedestrians and
vehicles to abutting properties, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or
however otherwise designated. Ingress and egress easements shall not be
considered roads.
[30]
219.
Road Impact Agreement – A negotiated and legally binding arrangement between
a party, or parties, and a road authority. The arrangement concerns real or
potential impacts to public infrastructure (e.g. a public road) resultant from the
actions of the party.
220.
Roof – The exterior surface and its supporting structure on the top of a building or
structure.
221.
Roof line – The upper-most edge of the roof or in the case of an extended façade
or parapet, the upper-most height of said façade.
222.
Rural Repair Garage – General repair, maintenance, rebuilding, and
reconditioning of small engine, automobile, truck, trailer, marine, and farm
implement motor vehicles, machinery, and equipment.
223.
Rutting – The creation of linear depressions with significant soil displacement
and/or tearing of the root mat by the tires or tracks of vehicles, often under wet
conditions.
224.
Saturated Soil (or seasonal high water table) – The upper surface of the zone of
soil (or underlying material) that is saturated by water.
225.
Searchlight – A device which casts a narrow beam of light, less than forty-five
(45) degrees.
226.
Seasonal Produce Stand – A temporary stand, structure, or place that is used for
the seasonal selling of fresh fruit and vegetable produce grown on the property.
227.
Selective Cutting – The removal of individual scattered trees.
228.
Septage – Solids and liquids that are removed from an SSTS and includes solids
and liquids from cesspools, seepage pits, other pits, or similar systems or devices
that receive sewage. Septage also includes solids and liquids that are removed
from portable, incinerating, composting, holding, or other toilets. Waste from
Type III marine sanitation devices, as defined in Code of Federal Regulations,
Title 33, Section 159.3, as amended, and material that has come into contact with
untreated sewage within the past twelve (12) months is also considered septage.
229.
Sewage – Means waste produced by toilets, bathing, laundry, or culinary
operations or the floor drains associated with these sources, and includes
household cleaners and other constituents in sewage restricted to amounts
normally used for domestic purposes.
230.
Shoreland – Land located within the following distances from public waters:
A. One thousand (1,000) feet from the normal high water mark of a lake,
pond or flowage; and
[31]
B. Three hundred (300) feet from a river or stream, or the landward extent of
a floodplain designated by ordinance on such a river or stream, whichever
is greater.
The practical limits of Shoreland may be less than the statutory limits whenever
the waters involved are bounded by natural topographic divides which extend
landward from the water for lesser distances and when approved by the
Commissioner.
231.
Shoreland Setback – The minimum horizontal distance between a structure and
the normal high water mark.
232.
Sign – A name, identification, description, display, illustration, object, or device
which is affixed to, or represented directly or indirectly upon, a building,
structure, or land in view of the general public and which directs attention to a
product, service, place, activity, person, institution, business, destination, event, or
organization by any means, including, but not limited to, words, letters, figures,
designs, symbols, fixtures, colors, drawing, pictures, illumination, animation, or
video.
233.
Sign, Abandoned – Any sign and/or its supporting sign structure which remains
without a message or whose display surface remains blank for a period of one (1)
year or more, or any sign which pertains to a time, event, or purpose which no
longer applies, shall be deemed to have been abandoned. Signs applicable to a
business temporarily suspended because of a change in ownership or management
of such business shall not be deemed abandoned unless the property remains
vacant for a period of one (1) year or longer. Any sign remaining after demolition
of a principal structure shall be deemed to be abandoned. Signs which are present
because of being legally established nonconforming signs or signs which have
required a conditional use permit or a variance shall also be subject to the
definition of abandoned sign.
234.
Sign, Dynamic Display – Any sign that appears to have movement or appears to
change, caused by any method other than physically removing and replacing the
sign or its components, whether the apparent movement is in the display, the sign
structure, or any other component of the sign, including, but not limited to, any
flashing, blinking, animated, or video display, and any sign that incorporates
rotating panels, LED lights or screens manipulated through digital input, or any
other method or technology that allows the sign to present a series of images or
messages.
235.
Sign, Flashing – An exteriorly or interiorly illuminated sign which exhibits
changing light intensity or color effect by any means, so as to provide pulsing
intermittent illumination, including the illusion of pulsing intermittent flashing
light by means of animation or video, and also any mode of lighting that
resembles blinking, zooming, twinkling, or sparkling.
[32]
236.
Sign, Height of – The height of the sign shall be computed as the vertical distance
measured from the base of the sign at grade to the top of the highest attached
component of the sign.
237.
Sign, Illuminated – Any sign which has characters, letters, figures, designs or
outlines illuminated by an exterior or interior artificial light source.
238.
Sign, Interior – A sign which is located within the interior of any building, or
within an enclosed lobby or court of any building.
239.
Sign, Legally Established Nonconforming – Any sign and its support structure
lawfully erected prior to the effective date of this Ordinance which fails to
conform to the requirements of this Ordinance. A sign which was erected in
accordance with a variance granted prior to the adoption of this Ordinance and
which does not comply with this Ordinance shall be deemed to be a legal
nonconforming sign. A sign which was unlawfully erected shall be deemed an
illegal sign.
240.
Sign, Off-Premise – A sign which directs attention to a business, commodity,
service, activity or entertainment not conducted, sold, or offered upon the
premises where such sign is located.
241.
Sign, On-Premise - A sign which directs attention to a business, commodity,
service, activity, or entertainment conducted, sold, or offered upon the premises
where sign is located.
242.
Sign, Pole – See Pylon sign.
243.
Sign, Projecting – Any sign which is affixed to a building or wall in such a
manner that its leading edge extends more than two (2) feet beyond the surface,
wall, or building face.
244.
Sign, Pylon – A freestanding sign erected upon a single pylon or post, which is in
excess of ten (10) feet in height with the sign mounted on the top thereof.
245.
Sign, Roof – Any sign erected and constructed wholly on or above the roof of a
building and supported by the roof structure.
246.
Sign, Rotating – A sign which revolves or rotates on its axis by mechanical
means.
247.
Sign, Surface Area of – The entire area within a single, continuous perimeter
enclosing the extreme limits of the actual sign surface. It does not include any
structural elements outside the limits of such sign and not forming an integral part
of the display. Only one (1) side of a double face or V-type sign structure shall be
used in computing total surface area.
[33]
248.
Sign, Temporary – Any sign which is intended to be displayed for a period of two
(2) weeks or less and is not permanently affixed to the ground or a structure
including, but not limited to, balloons, banners, blimps, flags, freestanding signs,
pennants, posters, reader boards, or portable signs. Signs that are not temporary
shall be considered to be permanent.
249.
Sign, Wall – Any sign affixed to, or otherwise supported by, a building which is
attached parallel to, but within two (2) feet of a wall, or erected and confined
within the limits of, an outside wall of any building or structure, which is
supported by such wall or building and which displays only one (1) sign surface.
250.
Silica Sand – Sand having composition and grain-size distribution suitable for
industrial applications, including, but not limited to, use in the hydraulic
fracturing process. Characteristics of silica sand include: spherical shape, high
silica (silicon dioxide, or quartz) content, hardness (can withstand high pressure),
uniform particle shape, and larger grain size, found primarily in high
concentration in the Jordan and Wonewoc Geologic Formations.
251.
Site – See Property.
252.
Site Plan – The development plan for one (1) or more lots on which is shown the
existing and proposed conditions of the lot, including topography, vegetation,
drainage, floodplains, wetlands, and waterways; landscaping and open spaces;
walkways; means of ingress and egress; circulation; utility services; structures and
buildings; signs and lighting; berms, buffers, and screening devices; surrounding
development; and any other information that reasonably may be required in order
for an informed decision to be made by the approving authority. At the discretion
of the Zoning Administrator or their designated representative may relieve the
applicant of some of the submission requirements.
253.
Slashings – Residual woody material created by timber harvesting or timber stand
improvement.
254.
Solar Energy System – A set of devices whose primary purpose is to collect solar
energy and convert and store it for useful purposes including heating and cooling
buildings or other energy using processes, or to produce generated power by
means of any combination of collecting, transferring, or converting solar energy.
This definition also includes structural design features, the purpose of which is to
provide daylight for interior lighting.
255.
Solar Energy System, Large – A solar energy system with a nameplate capacity of
forty (40) kilowatts or more.
256.
Solar Energy System, Small – A solar energy system with a nameplate capacity of
less than forty (40) kilowatts.
[34]
257.
Solar Energy System, Reflecting – A solar energy system that employs one (1) or
more devices designed to reflect solar radiation onto a solar collector. This
definition includes systems of mirrors that track and focus sunlight onto collectors
located at a focal point. The collectors may be thermal or photovoltaic.
258.
Solid Waste – Means garbage, refuse, sludge from a water supply treatment plant
or air contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from
industrial, commercial, mining, and agricultural operations, and from community
activities, but does not include hazardous waste; animal waste used as fertilizer;
earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic
sewage or other common pollutants in water resources, such as silt, dissolved or
suspended solids in industrial waste water effluent or discharges which are point
sources subject to permits under Section 402 of the Federal Water Pollution
Control Act, as amended, dissolved materials in irrigation return flows; or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended. (Waste Management Act of 1980 and related acts and laws.)
259.
State – The State of Minnesota.
260.
Story – That portion of a building included between the surface of any floor and
the surface of the floor next above. A basement shall be counted as a story.
261.
Street – A public right-of-way which affords primary means of access to abutting
property, and shall also include avenue, highway, road, or way.
262.
Street, Collector – A street which serves or is designed to serve as a traffic way
for a neighborhood or as a feeder to a major road.
263.
Street, Major or Thoroughfare – A street which serves, or is designed to serve,
heavy flows of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas.
264.
Street, Local – A street intended to serve primarily as an access to abutting
properties.
265.
Street, Pavement – The wearing or exposed surface of the roadway used by
vehicular traffic.
266.
Street, Width – The width of the right-of-way, measured at right angles to the
centerline of the street.
[35]
267.
Structure – A combination of materials that form a construction for use,
occupancy, or ornamentation whether installed on, above or below the surface
land or water; or attached to something having a permanent location on the
ground, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, travel trailers/vehicles not meeting the
exemption criteria specified in this Ordinance, dense vegetation used for
screening or windbreaks, including trees and landscaping along a public road, and
cisterns.
268.
Structural Alteration – Any change, other than incidental repairs, which would
prolong the life of the supporting members of a building, such as bearing walls,
columns, beams, girders or foundations.
269.
Subdivision – A subdivision is the dividing of any parcel of land into two (2) or
more parcels. The definition includes both platted and unplatted subdivisions.
A. Platted Subdivision – If any resultant parcel is less than five (5) acres in
area and less than three hundred (300) feet in width and the subdividing
was done for the purpose of transfer of ownership to effectuate building
development or if a new street or road is involved, regardless of the size of
the parcel and/or its width, subsequent parcels shall be platted in
accordance with the terms and procedure of the Nicollet County
Subdivision Regulations.
B. Unplatted Subdivision – A division of any parcel of land into two (2) or
more parts wherein all parts are at least five (5) acres and at least three
hundred (300) feet in width and where no new road is involved. These do
not require platting.
270.
Subsurface Sewage Treatment System (SSTS) – An individual sewage treatment
system as defined in part MR Chapter, 7080.1100, subpart 41, or a midsized
sewage treatment system as defined in part 7081.0020, subpart 4, as published in
the State Register, volume 31, page 1027, and as subsequently adopted, as
applicable.
271.
Timber – Trees which because of their species, size, quality, and number are
marketable.
272.
Timber Harvesting – The felling and removing of five thousand (5,000) or more
board feet of timber on any public or private land for the purpose of selling the
timber for profit. This shall not include the selective cutting of trees by the
property owner for the purpose of removing dead or terminally diseased trees.
273.
Toilet Waste Treatment Devices – Privies and other devices including
incinerating, composting, biological, chemical, recirculating, or holding toilets.
[36]
274.
Townhouse – A single family dwelling attached by party walls with other single
family dwellings, and oriented so that all exits open to the outside.
275.
Tract – See Property.
276.
Transfer of Property – The act of a party by which the title to property is
conveyed from one (1) person to another. The sale and every other method, direct
or indirect, of disposing or parting with property, or with an interest therein, or
with the possession thereof, absolutely or conditionally, voluntarily or
involuntarily, by or without judicial proceedings, as a conveyance, sale, mortgage,
gift, or otherwise.
277.
Tree Removal – The felling and removal of trees, or other woody material, from
any public or private land for non-commercial purposes.
278.
Travel Trailer – A vehicle without motor power used or adaptable for living,
sleeping, business, or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses, or skirting, which does not meet building code
requirements and has been or reasonably may be equipped with wheels or other
devices for transporting the structure from place to place. The term “trailer” shall
include camp car, camp bus, camper, and house car. A permanent foundation
shall not change its character unless the entire structure is built in accordance with
the standards as found in the Minnesota Building Code.
279.
Type I System – An ISTS that follows a standard trench, bed, at-grade, mound, or
graywater system design in accordance with MPCA rules, Minnesota Rules,
Chapter 7080.2200 through 7080.2240.
280.
Type II System – An ISTS with acceptable modifications or sewage containment
system that may be permitted for use on a site not meeting the conditions
acceptable for a standard Type I system. These include systems on lots with
rapidly permeable soils or lots in floodplains and privies or holding tanks.
281.
Type III System – An ISTS that uses soil to treat sewage but does not meet the
tank, size or distribution requirements for a Type I system. Type III systems are
designed for use on a lot that cannot accommodate a standard Type I soil
treatment and dispersal system.
282.
Type IV System – An ISTS, having an approved pretreatment device and
incorporating pressure distribution and dosing.
283.
Type V System – An ISTS designed by a Professional Engineer that does not
meet the prescriptive designs for Types I-IV. Type V systems shall meet the
public health and safety standards of Minnesota Rules Chapter 7080.1500.
[37]
284.
Use – The purpose or activity for which the land or building thereon is
designated, arranged or intended, or for which it is occupied, utilized or
maintained.
285.
Use, Accessory – A use subordinate to and serving the principal use or structure
on the same lot and customarily incidental thereto.
286.
Use, Conditional – Means a specific type of structure or land use listed in the
official control that may be allowed but only after an in-depth review procedure
and with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
A. Certain conditions as detailed in this Ordinance exist; and
B. The structure and/or land use conform to the comprehensive land use plan
if one exists and are compatible with the existing neighborhood.
287.
Use, Non-Conforming – Use of land, buildings or structures legally existing at the
time of adoption of this Ordinance which does not comply with all the regulations
of this Ordinance or any amendments hereto governing the zoning district in
which such use is located.
288.
Use, Permitted – A public or private use which of itself conforms with the
purposes, objectives, requirements, regulations and performance standards of a
particular district.
289.
Use, Principal – The main use of land or buildings as distinguished from
subordinate or accessory uses. A “principal use’ may be either permitted or
conditional.
290.
Variance – A modification or variation of the provisions of this Ordinance where
it is determined that by reason of special and unusual circumstances relating to a
specific lot, that strict application of the Ordinance would cause an undue or
unnecessary hardship, or that strict conformity with the provisions of this
Ordinance would be unreasonable, impractical or unfeasible under the
circumstances.
291.
Vehicle – Car, truck, motorcycle, recreation vehicle or similar equipment which is
permitted by license to operate on public roads.
292.
Vehicle, Inoperable – Any vehicle from which the engine, wheels or other
essential parts have been removed, or on which the engine, wheels or other
essential parts have been altered, damaged or otherwise so treated that the vehicle
is incapable of being driven under its own power and has no substantial potential
for further use consistent with its usual functions.
[38]
293.
Vehicle, Junk – Any rusted, wrecked, damaged, dismantled or partially
dismantled, inoperative, or abandoned motor vehicle in such a condition that it is
economically infeasible to restore the vehicle to an operating condition.
294.
Vehicle, Motor – A self-propelled device licensed as a motor vehicle and used for
transportation of people or goods over roads.
295.
Vehicle, Recreational – A vehicular-type portable structure without permanent
foundation that can be towed, hauled, or driven and is primarily designed as a
temporary living accommodation for recreational and camping purposes.
296.
Vertical Separation – The vertical measurement of unsaturated soil or sand
between the bottom of the distribution medium and the periodically saturated soil
level or bedrock.
297.
Vineyard – An area where grapes or other agricultural products are grown in
order to produce wine.
298.
Warehouse – A building used primarily for the storage of commercial goods,
products, cargo, and other materials.
299.
Wetland – Land which is annually subject to periodic or continual inundation by
water and commonly referred to as a bog, swamp, or marsh.
300.
Width (Structure) – The narrowest side, regardless of setting.
301.
Wildlife Management Area – A lot or lots where the main land use is for
promotion of wildlife through raising of feed or provision of environmental
conditions.
302.
Wind Energy Conversion System (WECS) – A device such as a wind charger,
windmill, or wind turbine and associated facilities that converts wind energy to
electric energy, including, but not limited to: power lines, transformers,
substations, and meteorological towers. The energy may be used on-site or
distributed into the electrical grid.
303.
Wine – The product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine made from condensed
grape must, wine made from other agricultural products than sound, ripe grapes,
imitation wine, compounds sold as wine, vermouth, cider, sherry and sake, in
each instance containing not less than one-half (½) of one (1) percent nor more
than twenty-four (24) percent alcohol by volume for nonindustrial use. Wine does
not include distilled spirits as defined in Minnesota State Statute.
[39]
304.
Wine, Fortified – Wine to which brandy, or neutral grape spirits, has been added
during or after fermentation resulting in a beverage containing not less than onehalf of one percent nor more than twenty-four (24) percent alcohol by volume for
nonindustrial use.
305.
Wine, Table or Sparkling – A beverage made without rectification or fortification
and containing not more than twenty-five (25) percent of alcohol by volume and
made by the fermentation of grapes, grape juice, other fruits, or honey.
306.
Wine Tasting Room – A room in conjunction with a farm winery where the
following may occur:
A. Tasting of wine or non-alcoholic fruit juices takes place at a charge or no
charge to the individual.
B. The retail sales of winery products, incidental retail sales of non-food
items, products by the bottle for off-premises consumption, and packaged
food items are allowed. Gratuitous offerings of cheese, crackers, or
condiments associated with wine sampling are allowed.
307.
Winery, Special Events – Events that are above the normal tasting or sales
activities for a farm winery, such as charitable, religious, or other non-profit
organization, promotional, or tour group events.
308.
Yard – A required open space on a lot which is unoccupied and unobstructed by a
structure from its lowest level to the sky and underground essential service except
as permitted in this Ordinance. The yard extends along the lot line at right angles
to such lot line to a depth or with specified in the setback regulations for the
zoning district in which such lot is located.
309.
Yard, Front – A yard extending along the full width of the front lot line between
side lot lines and extending from the abutting street right-of-way line to depth
required in the setback regulations for the zoning district in which such lot is
located.
310.
Yard, Rear – The portion of the yard on the same lot with the principal structure
located between the rear line of the structure and the rear lot line and extending
for the full width of the lot.
311.
Yard, Side – The yard extending along the side lot line between the front and rear
yards to a depth or width required by setback regulations for the zoning district in
which such lot is located.
312.
Zoning Amendment – A change authorized by the County Board either in the
allowed use within a district or in the boundaries of a district.
[40]
313.
Zoning District – An area or areas within the limits of the County for which the
regulations and requirements governing use are uniform.
[41]
SECTION 4 GENERAL PROVISIONS
401 APPLICATION OF THIS ORDINANCE
1. The jurisdiction of this Ordinance shall apply to all the area of Nicollet County
outside of incorporated municipalities.
2. Where the conditions imposed by any provision of this Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other law,
ordinance, statute, resolution, or regulation of any kind, the regulations which are
more restrictive or which impose higher standards or requirements shall prevail.
3. No land use shall hereby be permitted in any manner which is not in conformity with
this Ordinance. This Ordinance divides the County into zoning districts in which
only specified permitted and conditionally permitted uses are allowed. Land uses are
further regulated with standards relating to some activities and most physical
development. Provisions are provided for amending the regulations and for variances
to some provisions.
A. USES NOT PROVIDED FOR IN ZONING DISTRICTS
In any zoning district, a use is neither specifically listed as permitted or a
conditional use shall be considered prohibited.
In allowing and regulating land uses, the following will be considered as new
uses and shall meet the provisions herein unless otherwise stated: extensions,
additions, and increases in intensity.
4. Permits, conditional use permits, or Shoreland Certificates of Zoning Compliance
issued on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and
no other use, arrangement, or construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed a violation of this Ordinance, and
punishable as provided by Section 8 of this Ordinance.
5. Compliance: No new structure or land shall hereafter be used and no structure shall
be located, extended, converted, or structurally altered without full compliance with
the terms of this Ordinance and other applicable regulations which apply to uses
within the jurisdiction of this Ordinance. Within the Floodplain District, all uses not
listed as permitted uses or conditional uses in Section 610 of this Ordinance, shall be
prohibited. In addition, a caution is provided here that:
A. Modifications, additions, structural alterations or repair after damage to
existing non-conforming structures and non-conforming uses of structures or
land are regulated by the general provisions of this Ordinance and specifically
Section 404 of this Ordinance; and
[42]
B. As-built elevations for elevated or flood proofed structures shall be certified
by ground surveys and flood proofing techniques shall be designed and
certified by a registered professional engineer or architect as specified in the
general provisions of this Ordinance and specifically as stated in Section 611
of this Ordinance.
402 SEPARABILITY
It is hereby declared to be the intention that the several provisions of this Ordinance are
separable in accordance with the following:
1. If any court of competent jurisdiction shall adjudge any provisions of this Ordinance
to be invalid, such judgment shall not affect any other provisions of this Ordinance
not specifically included in said judgment.
2. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Ordinance to a particular property, dwelling, or structure, such
judgment shall not affect other property, dwellings or structures.
403 EXISTING LOTS
A substandard lot of record may be used for that or those purposes as described in its district
provided that it has direct access to a public right-of-way and that all other provisions of this
Ordinance are complied with.
404 NON-CONFORMING USES AND STRUCTURES
1. Any structure or use existing upon the effective date of the adoption of this Ordinance
and which does not conform to the provisions of the Ordinance may be continued for
a certain period of time subject to the following conditions:
A. No such use or structure shall be expanded, changed, altered or enlarged
except in conformity with the provisions of this Ordinance, nor shall such
expansion, change, alteration or enlargement increase the non-conformity of
use.
B. If a non-conforming use is discontinued for a period of twelve (12) months,
further use of the structures or property shall conform to this Ordinance. The
County Assessor shall notify the Zoning Administrator or Planning
Commission in writing of all instances of non-conforming uses which have
been discontinued for a period of twelve (12) consecutive months.
C. If a non-conforming structure is destroyed by any cause, to an extent
exceeding fifty (50) percent of its fair market value as indicated by the records
of the County Assessor, a future structure on the site shall conform to this
Ordinance.
[43]
D. Normal maintenance of a dwelling or other structure containing or related to a
lawful non-conforming use is permitted, including necessary repairs and
incidental alterations which do not extend or intensify the non-conforming
use.
E. In the case of non-conforming uses or structures within the Floodplain
District, the following conditions apply in addition to (A) to (D) above:
i.
Alteration or addition to a non-conforming structure or nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory
Flood Protection Elevation in accordance with any of the elevation on
fill or flood proofing techniques (i.e., FP 1 through FP 4 floodproofing
classifications) allowable in the “Flood Proofing Regulations”, except
as further restricted in (ii) below.
ii.
The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty
(50) percent of the market value of the structure unless the conditions
of this Section are satisfied. The cost of all structural alterations and
additions constructed since the adoption of the County’s initial
floodplain controls shall be calculated into today’s current cost which
will include all costs such as construction materials and a reasonable
cost place on all manpower or labor. If the current cost of all previous
and proposed alterations and additions exceeds fifty (50) percent of the
current market value of the structure, then the structure shall meet the
standards of Section 610 of this Ordinance for new structures.
2. Uses that existed previously and would be considered as conditional uses under the
present Ordinance are not non-conforming, but are considered as legal conditional
uses.
405 ZONING COORDINATION
Any zoning district change on land adjacent to or across a public right-of-way from an
adjoining county or community shall be referred to the Planning Commission, and the
adjacent community for review and comment prior to action by the County Board granting or
denying the zoning district classification change.
A period of at least thirty (30) days shall be provided for receipt of comments; such
comments shall be considered as advisory only.
406 ZONING AND THE POLICIES PLAN
Any change in zoning granted by the governing body shall automatically amend the Policies
Plan in accordance with said zoning change.
[44]
SECTION 5 ADMINISTRATION
501 ENFORCING OFFICER
The governing body of Nicollet County shall appoint a Property Services Division Director,
whose duties shall include, but not be limited to, those of a Planning Director, Zoning
Administrator, Sanitary Inspector, and Building Official whose term of office shall terminate
at the pleasure of the governing body.
The Property Services Division Director, or their designated representative, shall enforce this
Ordinance and shall perform or be responsible for the following activities:
1. Issue zoning permits, and make and maintain records thereof.
2. Conduct inspections of structures and sites for setbacks and use of land, to determine
compliance with the terms of this Ordinance. For purposes of this provision, the
Administrator and/or their designated representative shall have the right of entry on
the property.
3. Maintain permanent and current records of this Ordinance, including but not limited
to: all maps, amendments, conditional uses, variance, appeals and applications
thereto.
4. Receive, file, and forward all applications for appeals, variances, conditional uses, or
other matters to the designated official bodies.
5. Cause to be instituted in the name of the County, any appropriate actions or
proceedings against a violator as provide for.
6. Serve as an ex-officio non-voting member of the Planning Commission.
7. Administer and enforce this Ordinance. If the Zoning Administrator finds a violation
of the provisions of this Ordinance the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated in Section 8 of
this Ordinance.
[45]
502 APPEALS AND THE BOARD OF ADJUSTMENT AND APPEALS
The County Board shall, through the passing of a resolution provide for the establishment of
the Board of Adjustment and Appeals, which shall, hereinafter in this Ordinance, be referred
to as the Board.
The Board shall consist of a maximum of five (5) members, one (1) of whom shall be a
member of the Planning Commission whose appointment, term of office, or removal from
the Board shall be provided for in the resolution creating the Board of Adjustment and
Appeals and all other Board resolutions pertaining thereto. No elected officer of the County
or any employee of the County shall serve as a member of the Board.
The members of the Board shall be eligible to receive a per diem and mileage expenses as
determined by the County Board.
The Board shall elect a chair and vice chair from among its members and shall appoint a
secretary who need not be a member of the Board.
It shall adopt rules of procedure for the transaction of its business. The Board shall provide a
public record of its proceedings which shall include the minutes of its meetings, its findings,
and the action taken on each matter heard by it, including the final order.
The meetings of the Board shall be held at the call of the chair and at such other times as the
Board in its rules of procedure may specify.
The Board shall act upon all questions as they may arise in the administration of this
Ordinance, including the interpretation of zoning maps, and it shall hear and decide appeals
from and review any order, requirement, decision, or determination made by an
administrative official charged with enforcing the Ordinance. Such appeal may be made by
any person, firm or corporation aggrieved or by any officer, department, board of or bureau
of a town, municipality, county, or state. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present their case to the Board and
submit technical evidence.
The Board shall also have the power to grant variances to provisions of this Ordinance under
certain conditions.
The conditions for the issuance of a variance are as indicated in Section 503 of this
Ordinance. No use variances (land uses other than those permitted in the district) shall be
issued by the Board.
Hearings by the Board shall be held within such time and upon such notice to interested
parties as is provided in its adopted rules for the transaction of its business. The Board shall,
within a reasonable time, make its order deciding the matter and shall serve a copy of such
order upon the appellant or petitioner by mail. Any party may appear at the hearing in person
or by agent or attorney.
[46]
The Board may reverse, affirm, or modify any decision or stipulation and shall have all the
powers of the officer from whom the appeal was taken and may issue, or direct the issuance
of a permit. The Board’s decision shall be made part of the official record. Any person
having an interest affected by the decision of the Board shall have the right to appeal to
District Court in the county in which the land is located.
[47]
503 VARIANCES
503.1 CRITERIA FOR GRANTING VARIANCES
A variance to a provision of the Zoning Ordinance may be issued to provide relief to the
landowner in those zones where the intent of the official control creates practical difficulties
for the property owner in the use of their land.
No variance may be granted that would allow any use that is not allowed in the zoning
district in which the subject property is located. No variance shall have the effect of allowing
the Floodplain District a lower degree of flood protection than the Regulatory Flood
Protection Elevation for the particular area or permit standards lower than those required by
state law. A variance may be granted only in the event that the following circumstances
exist:
1. The variance is in harmony with the general purposes and intent of the official
control?
2. The variance is consistent with the intent of the comprehensive plan?
3. The variance establishes a practical difficulty in complying with the official controls?
4. The plight of the landowner is due to circumstances unique to the property not created
by the landowner?
5. The variance will not alter the essential character of the locality?
6. The practical difficulty includes more than economic considerations alone?
503.2 CRITERIA FOR GRANTING AFTER-THE-FACT VARIANCES
In consideration of an after-the-fact variance request, and in addition to the criteria listed in
Section 503.1, the Board shall take into consideration the following:
1. Did the applicant make a good faith effort to obtain a zoning permit prior to
completion of the construction?
2. In relation to the subject variance, are there similar structures in the area?
3. Does the burden on the applicant of compliance outweigh the benefit to the County?
4. Was the act of the violation by the applicant unintentional?
[48]
503.3 PROCEDURES
1. The petitioner applying for a variance shall complete an official variance application
with the Zoning Administrator or their designated representative. The petitioner’s
request will be heard at the next available Board of Adjustment and Appeals meeting.
Unless otherwise determined by the Zoning Administrator, the following information
shall be submitted at the time of application:
a. A legal description.
b. A survey of the property completed by a licensed surveyor in the State of
Minnesota; the survey shall depict the purpose of the request, including the
proposed structure/addition and the calculated distance of the variance
request.
c. A site plan showing minimally the locale, size, shape, and use of all existing
buildings and all proposed buildings, and the width and depth of existing or
proposed yards of the property.
d. If an applicant is requesting a variance from floodplain elevation the Zoning
Administrator shall notify the applicant that:
i.
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.
ii.
Such construction below the one hundred (100) year or regional flood
level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions.
The Zoning Administrator shall maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in
an annual or biennial report submitted to the Administrator of the National
Flood Insurance Program.
2. The Zoning Administrator shall refer the application to the Board for review.
[49]
3. The Board shall hold a public hearing on the proposal. Notice of the public hearing
shall be published in the official newspaper designated by the County Board at least
ten (10) days prior to the hearing. Notice of the hearing shall also be submitted to the
governing bodies of all towns and municipalities in the County. In unincorporated
areas of the County, property owners of record within five hundred (500) feet of the
affected property or the nearest ten (10) landowners, whichever is greater, shall be
notified in writing of the public hearing on the request for a variance. In incorporated
areas of the County, property owners of record within five hundred (500) feet of the
affected property shall be notified in writing of the public hearing on the request for a
variance. If the variance request is for land lying within the Floodplain District, the
Board shall submit by mail to the Commissioner of Natural Resources a copy of the
application for proposed variances so that the Commissioner will receive notice at
least ten (10) days prior to the hearing.
4. The petitioner or his/her representative shall appear before the Board in order to
answer questions concerning the proposed variance.
5. The Board must take action on the application within sixty (60) days after receiving
the application. If the Board grants the variance, the Board may impose conditions it
considers necessary to protect the public health, safety and welfare, and such
conditions may include a time limit for the use to exist or operate.
6. In passing upon an appeal, the Board may, so long as such action is in conformity
with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify
the order, requirement, decision or determination of the Zoning Administrator or
other public official. It shall make its decision in writing setting forth the findings of
fact and the reasons for its decisions.
7. The Board may impose conditions in the granting of variances. Conditions must be
directly related to and must bear a rough proportionality to the impact created by the
variance. Violations of such conditions, when made a part of the terms under which
the variance is granted, shall be deemed a violation of this Ordinance punishable
under Section 8.
8. A copy of all decisions granting variances in the Floodplain Zoning District shall be
forwarded by mail to the Commissioner of Natural Resources within ten (10) days of
such action.
9. All decisions by the Board in granting variances or in hearing appeals from any
administrative order, requirement, decision or determination shall be final except that
any aggrieved person or persons, or any department, board or commission of the
jurisdiction or of the state shall have the right to appeal within thirty (30) days, after
receipt of notice of the decision to the district court in the county in which the land is
located on questions of law and fact.
10. Variance applications shall be submitted no later than 3:30 p.m. on the deadline date
for the next available meeting.
[50]
11. Following denial of an application for a variance, no similar, or substantially similar,
application for a variance on the same property, from the same standard, shall be filed
for six (6) months from the date of denial.
503.4 ADMINISTRATIVE VARIANCES
Modifications to existing structures or upgraded septic systems that are located or will be
located within the setback areas of a lot are allowed without a public hearing if they do not
further encroach into the existing setback provided that in the case of:
1. An encroachment on a public road, the road authority voices no objections on the
basis of safety, future road projects, or right-of-way widening on that road.
2. An encroachment on any other lot line setback, written consent from the abutting
property owners affected.
The consent as outlined in (1) and (2) shall be made upon official forms with the Zoning
Administrator or their designated representative and shall be recorded in the Office of the
County Recorder, with any recording fees being paid by the applicant. A listing of permits
issued under these provisions shall be provided monthly (as needed) to the Planning
Commission and Board.
[51]
504 PLANNING AND ZONING ADVISORY COMMISSION
The County Board shall, through the passing of a resolution, provide for the establishment of
a Planning Commission. Members may be appointed for a maximum of three (3), three (3)
year terms. The Planning and Zoning Advisory Commission hereinafter in this Ordinance
shall be referred to as the Planning Commission. The Planning Commission may consist of
five (5) to eleven (11) members and every attempt shall be made to obtain a cross section of
the County in appointing members to the Commission. At least one (1) member shall be a
member of the Township Officers Association.
The Planning Commission shall provide assistance to the County Board and Zoning
Administrator in the administration of this Ordinance and shall review, hold public hearings,
and make recommendation to the County Board on all applications for conditional use
permits and zoning amendments using the criteria in Sections 505 and 506 of this Ordinance.
[52]
505 CONDITIONAL USE PERMITS
505.1 CRITERIA FOR GRANTING CONDITIONAL USE PERMITS
1. In granting a conditional use permit, the County Board shall consider the advice and
recommendation of the Planning Commission and the effect of the proposed use upon
the health, safety, morals, and general welfare of the community. Among other
things, the County Board shall make the following findings where applicable.
Criteria for Granting a Conditional Use Permit
A. Given the nature of the land, the requested use is compatible with public
health, safety, and general welfare.
B. The requested use will not create an unreasonably excessive burden on the
existing roads or other utilities.
C. The requested use is compatible with the surrounding area and will not
significantly depreciate nearby properties.
D. The structure and the use shall have an appearance that will not have an
unreasonably adverse effect on nearby properties.
E. The requested use is consistent with the County Zoning Ordinance.
F. The requested use is not in conflict with the County Comprehensive Plan.
G. The requested use will not create an unreasonably adverse effect because of
noise, odor, glare, or general unsightliness, for nearby property owners.
H. The requested use is reasonably related to the existing land use and
environment.
I. There are no apparent unreasonable health risks posed to neighbors or the
public in general.
J. The requested use will/will not have an adverse effect upon public health,
safety, and welfare due to the following other factors.
2. In passing upon conditional use applications that include land lying in the Floodplain
District, the County Board shall, in addition, consider all relevant factors specified in
other Sections of this Ordinance, and:
A. The danger to life and property due to increase flood height or velocities
caused by encroachments.
[53]
B. The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic
structures.
C. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
E. The importance of the services provided by the proposed facility to the
community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the
proposed use.
H. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
I. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
J. The safety of access to the property in times of flood for ordinary and
emergency vehicles.
K. The expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site.
L. Such other factors which are relevant to the purposes of this Ordinance.
505.2 ADDITIONAL CONDITIONS
In permitting a new conditional use or the alteration of an existing conditional use, the
Planning Commission may recommend the imposition, in addition to the standards and
requirements expressly specified by this Ordinance, of additional conditions which the
Planning Commission considers necessary to protect the best interest of the surrounding area
or the County as a whole. These conditions may include, but are not limited to the following:
1. Increasing the required lot size or yard dimension.
2. Limiting the height, size or location of buildings.
3. Controlling the location and number of vehicle access points.
4. Increasing the street width.
[54]
5. Increasing the number of required off street parking spaces.
6. Limiting the number, size, location or lighting of signs.
7. Requiring diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
8. Designating sites for open space.
9. Designating operating hours and noise levels.
10. In considering applications that include land lying in the Floodplain District, the
Planning Commission shall also attach such conditions to the granting of conditional
use permits as it deems necessary to fulfill the purposes of the floodplain portions of
this Ordinance. Such conditions may include, but are not limited to, the following:
A. Modification of waste treatment and water supply facilities.
B. Limitations on period of use, occupancy, and operation.
C. Imposition of operational controls, sureties, and deed restrictions.
D. Requirements for construction of channel modifications, compensatory
storage, berms, levees, and other protective measures.
E. Flood proofing measures in accordance with this Ordinance. The applicant
shall submit a plan or document certified by a registered professional engineer
or architect that the flood proofing measures are consistent with the
Regulatory Flood Protection Elevation and associated flood factors for the
particular area.
Any change involving structural alteration, enlargement, intensification of use, or similar
change not specifically permitted by the conditional use permit issued shall require an
amended conditional use permit and all procedures shall apply as if a new permit were being
issued. The Zoning Administrator shall maintain a record of all conditional use permits
issued including information on the use, location, and conditions imposed by the County
Board and time limits, review dates, and such other information as may be appropriate.
[55]
505.3 PROCEDURE
1. The petitioner applying for a conditional use permit shall complete an official
conditional use application with the Zoning Administrator or their designated
representative. A complete application will be heard at the next available Planning
Commission hearing.
2. The Zoning Administrator shall refer the application to the Planning Commission for
review.
3. The Planning Commission shall hold a public hearing on the proposal. Notice of the
public hearing shall be published in the official newspaper designated by the County
Board at least ten (10) days prior to the hearing. If the application is for land lying in
the Floodplain District, the Zoning Administrator shall submit by mail to the
Commissioner of Natural Resources a copy of the application for the proposed
conditional use sufficiently in advance so that the Commissioner will receive at least
ten (10) days’ notice of the hearing. Notice of the hearing shall also be submitted to
the governing bodies of all towns and municipalities in the County. In
unincorporated areas of the County, property owners of record within one quarter (¼)
mile of the affected property, or the ten (10) closest properties, whichever is the
greatest number of property owners, shall be notified in writing of the public hearing
on the request for a conditional use permit. In incorporated areas of the County,
property owners of record within five hundred (500) feet of the property in question
shall be notified in writing of the public hearing on the request for a conditional use
permit.
4. The petitioner or their representative shall appear before the Planning Commission in
order to answer questions concerning the proposed conditional use.
5. The report of the Planning Commission shall be placed on the agenda of the County
Board, at the designated meeting following referral from the Planning Commission,
but not later than sixty (60) days after the applicant has a complete application.
6. The County Board shall take action on the application within sixty (60) days from the
date of application and after receiving the report from the Planning Commission. If
the County Board grants the conditional use permit, the County Board may impose
conditions it considers necessary to protect the public health, safety and welfare and
such conditions may include a time limit for the use to exist or operate.
7. An amended conditional use permit application shall be administered in a manner
similar to that required for a new conditional use permit. Amended conditional use
permits shall include requests for changes in conditions, and as otherwise described in
this Ordinance.
8. Following denial of an application for a conditional use permit, no similar, or
substantially similar, application for a conditional use permit on the same property,
for the same purpose, shall be filed for six (6) months from the date of denial.
[56]
9. If a time limit or periodic review is included as a condition by which a conditional use
permit is granted, the conditional use permit may be reviewed at a public hearing with
notice of said hearing published at least ten (10) days prior to the review. The
petitioner shall complete an official application with the Zoning Administrator or
their designated representative in the Property Services office and will be heard at the
first available Planning Commission meeting. A public hearing for a periodic review
of a conditional use permit may be granted at the discretion of the Planning
Commission.
10. In the event that the applicant violates any of the conditions set forth in the permit,
the County Board shall have the authority to revoke the conditional use permit.
11. Applications for a conditional use permit shall be submitted no later than 3:30 p.m. on
the deadline date for the next available meeting.
[57]
506 ZONING AMENDMENTS
506.1 CRITERIA FOR GRANTING ZONING AMENDMENTS
1. The County Board may adopt amendments to the Zoning Ordinance and Zoning Map
in relation to both land uses within a particular district or to the location of the district
lines. Such amendments shall only be used as a means to reflect changes in the goals
and policies of the community as reflected in the Policies Plan or changes in
conditions in the County.
2. The floodplain designation on the Official Zoning Map shall not be removed from
floodplain areas unless it can be shown that the designation is in error or that the area
has been filled to or above the elevation of the regional flood and is contiguous to
lands outside the floodplain. Special exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he determines that, through other measures,
lands are adequately protected for the intended use.
506.2 PROCEDURE
1. Amendment to the text of the Ordinance or Zoning Map may be initiated by the
County Board, the Planning Commission, or by application of a property owner. Any
amendment not initiated by the Planning Commission shall be referred to the
Planning Commission for review and may not be acted upon by the Board until it has
received a recommendation by the Planning Commission. Individuals wishing to
initiate an amendment to the Ordinance shall complete an official application and
submit it to the Zoning Administrator or their designated representative.
2. Written notice of public hearings on the proposed amendment shall be sent to the
governing bodies of all towns and municipalities located within the County. In
unincorporated areas, property owners of record within one half (½) mile of the
property in question shall be notified in writing of the proposed zoning amendment.
In incorporated areas, property owners within five hundred (500) feet of the property
in question shall be notified in writing of the proposed zoning amendment.
3. A public hearing on the application shall be held by the Planning Commission within
sixty (60) days after the request for the zoning amendment has been received. Notice
of said hearing shall be published in the official newspaper designated by the County
Board at least ten (10) days prior to the hearing. The Planning Commission shall
provide its recommendation concerning the proposed amendment to the County
Board at the designated meeting following the hearing.
[58]
4. The County Board shall consider and take action on any proposed amendments, after
giving such notice and conducting a hearing as is provided and required by law for
amendments to a duly adopted ordinance. The person making the application shall be
notified in writing of the action taken. The Zoning Administrator shall maintain
records of amendments to the text of the Ordinance and/or the Zoning Map, in
addition to the records required by law to be kept and filed with the County Recorder
by the County Auditor.
5. No application of a property owner for an amendment to the text of the Ordinance
and/or the Zoning Map shall be considered by the Planning Commission within the
one (1) year period following a denial of such request. The Planning Commission
may permit a new application, if in the opinion of the Planning Commission, new
evidence or change or circumstances warrant it.
6. All amendments to the Floodplain and Shoreland Management Ordinance including
amendments to portions of the Official Zoning Map shall be submitted to and
approved by the Commissioner of Natural Resources prior to adoption. Changes in
the floodplain portions of the Official Zoning Map shall meet the Federal Emergency
Management Agency’s (FEMA) Technical Conditions and Criteria and shall receive
prior FEMA approval before adoption. The Commissioner of Natural Resources shall
be given ten (10) days written notice of all hearings to consider an amendment to this
Ordinance and said notice shall include a draft of the Ordinance amendment to
technical study under consideration.
[59]
507 PERMITS AND FEES
507.1 ZONING PERMITS
For the purposes of enforcing this Ordinance, a zoning permit shall be required of all persons
prior to:
1. Erection, structural alteration, or relocation of permanent or portable structures or
signs, except political and real estate signs, that conform to the standards herein.
2. Installation, alteration, repair, or extension of any sewage disposal system or solid
waste disposal operation.
3. Land alterations, including: timber harvesting, land excavation, cutting or filling in
excess of fifty (50) cubic yards, removal of Shoreland trees and vegetation, mineral
extraction, and landfills.
4. Erection, alteration, or relocation of permanent agricultural facilities such as silos,
grain bins, holding ponds, manure storage structures, and slurry systems.
5. Location of all essential services along public roads.
6. Retaining walls, berms, and landscaping higher than two (2) feet along public roads.
7. Fences along a public road that are higher than two (2) feet, except those listed as
permitted encroachments.
8. Within the floodplain, prior to the erection, addition, or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a building, structure,
or land; prior to the placement of fill, excavation of materials, or the storage of
materials or equipment.
9. Establishment of a Home Occupation as a permitted use or conditional use shall
require a zoning permit.
507.2 PROCEDURES
1. Persons requesting a zoning permit shall submit information about the request as
indicated by the zoning permit and complete an official zoning permit with the
Zoning Administrator or their designated representative.
2. A zoning permit will be issued only if the proposal is in compliance with applicable
portions of this Ordinance including, but not limited to:
A. Zoning district permitted and conditionally permitted land uses.
B. Zoning district dimensional standards.
[60]
C. Performance standards provided for certain activities.
D. Pay the appropriate fee that accompanies the request.
3. Request for a zoning permit shall be completed on an official form. The applicant
may be asked to furnish plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed structures, fill or
storage of a materials; and the location of the foregoing in relation to the stream
channel, ditch, septic system, well, and property lines. If necessary, a survey may be
required to ensure setback distances to appropriate property lines.
507.3 OTHER REGULATIONS
Issuance of a zoning permit does not imply compliance with other applicable County
regulations or regulations of other agencies unless otherwise stated.
507.4 EXISTING VIOLATIONS
In the event of an existing violation on a property, a request for a zoning permit will be
denied until the property is brought into compliance with the Ordinance and all other
applicable statutes, rules, and standards. In the case of a failing ISTS, a zoning permit may
be issued to bring the ISTS into compliance.
[61]
SECTION 6 ZONING DISTRICTS AND DISTRICT PROVISIONS
601 ZONING DISTRICTS
The Zoning Districts are so designed as to assist in carrying out the intents and purposes of
the Comprehensive Plan.
For the purposes of this Ordinance, Nicollet County is hereby divided into the following
Zoning Districts:
Symbol
Name
AG
C
R-1
R-2
B-1
B-2
I-1
I-2
FP
SP
RT
Agricultural Preservation
Conservancy
Urban/Rural Residential
Multi-Family Urban
Highway Business
General Business
Limited Industry
General Industry
Floodplain
Special Protection
Rural Townsite
601.1 ZONING MAP
The locations of boundaries of the districts established by this Ordinance are set forth on the
Zoning Map which is hereby incorporated as part of this Ordinance. It shall be the
responsibility of the Zoning Administrator to maintain and update this map and the
amendments to such Map shall be recorded within thirty (30) days after official adoption of
zoning amendments.
The Official Zoning Map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this Ordinance. The attached material shall include the
Flood Insurance Study for the County of Nicollet prepared by the Federal Insurance
Administration dated July 21, 1999, the Flood Insurance Rate Maps therein dated July 21,
1999, and the Community Floodway Map prepared by the Commissioner of Natural
Resources dated July 21, 1999. The Official Zoning Map shall be on file in the Office of the
County Auditor, Office of the County Recorder and the Office of Property Services.
[62]
602 AGRICULTURAL PRESERVATION (AG)
602.1 PURPOSE
The Agricultural Preservation District is established for the purpose of preserving,
promoting, maintaining and enhancing the use of the land for commercial agricultural
purposes, to prevent scattered and leap frog non-farm growth, to protect and preserve natural
resource areas and to stabilize increases in public expenditures for such public services as
roads and road maintenance, police and fire protection, and schools.
602.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Accessory uses
Agricultural land uses, except those listed as conditional uses
Cisterns
Erosion control
Essential services, except those listed as conditional uses
Existing dwellings
Feedlots of two hundred and ninety-nine (299) animal units and under
Historic sites and areas
Home Occupation (LEVEL 1)
Landscaping
Micro-WECS
New dwellings at a maximum density of one (1) per quarter-quarter on lots
recorded after July 31, 1981 that meet minimum lot size requirements in Section
602.4
New dwellings on lots of record as of July 31, 1981
Public recreation
Seasonal produce stands
Signs
Solar energy systems (Small)
Telecommunication antennas on existing structures
Temporary construction buildings
Temporary dwellings at a maximum of one (1) per lot that will be occupied for one
(1) year (365 days) or less
Timber harvesting
Wildlife developments
Wildlife management areas
602.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
Any structure over one hundred (100) feet in height
Bed and breakfast establishments
Bulk storage (liquid)
Churches, cemeteries, and schools
Commercial recreation
Commercial WECS
[63]
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Dams, power plants, switching yards, transmission lines of over 35kV, flowage
areas, and pipelines
Demolition landfills
Farm Wineries
Feedlots of three hundred (300) animal units and over
Government buildings
Home Occupations (LEVEL 2)
Horse stables
Hunting shacks
Industrial agricultural uses
Kennel, Dog/Cat – Commercial Boarding, Breeding, Guard/Attack, and Training
Land reclamation/demolition landfill
Meteorological towers
Migrant labor camps that are in accordance with Minnesota Department of Health
Migrant Labor Camp Rules Chapter 4630, as amended
Mineral extraction
Non-Commercial WECS
Recreational camping areas
Retail nursery and garden supplies and greenhouses
Rural repair garage
Sewage lagoons
Solar energy systems (Large and/or Reflecting)
Telecommunication towers
Temporary dwellings at a maximum of one (1) per lot that will be occupied for
more than one (1) year
Wholesale or retail nurseries
602.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet.
B. This height limitation shall not apply to grain elevators, silos, windmills,
elevator legs, cooling towers, water towers, chimneys, smokestacks, and
church spires.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
[64]
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
3. Side Yard
A. Twenty (20) foot setback.
4. Rear Yard
A. Twenty (20) foot setback.
5. Bluffline
A. For any structure, or excavation for a structure, but not for onsite sewage
treatment systems, thirty (30) foot setback.
6. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
7. Lot Area
A. For newly constructed dwellings on new lots three and one half (3½) acres,
the buildable lot area of which shall be a minimum of two (2) contiguous
acres.
8. Lot Width
A. Minimum width of not less than sixty-six (66) feet along a public road.
9. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[65]
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[66]
603 CONSERVANCY (C)
603.1 PURPOSE
The Conservancy District is created for those areas that either contain a valuable natural
resource which should be protected or are not suitable for agricultural production or urban
development. This includes wetlands, woodlands, and steep slopes. In these areas, urban
development will be limited both to protect the natural resource as well as the health and
safety of the citizens in the community. In the Minnesota River Corridor, the Conservancy
District shall include all those lands up to two hundred (200) feet back from the crestline of
the bluffs.
603.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Accessory uses
Agricultural land uses, except those listed as conditional uses
Cisterns
Erosion control
Essential services, except those listed as conditional uses
Feedlots of two hundred and ninety-nine (299) animal units and under
Historic sites and areas
Home Occupation (LEVEL 1)
Micro-WECS
New dwellings at a maximum density of one (1) per quarter-quarter on lots
recorded after January 2, 1996 that meet minimum lot size requirements in Section
603.4
New dwellings on legal lots of record as of January 2, 1996
Public recreation
Seasonal produce stands
Signs
Solar energy systems (Small)
Telecommunication antennas on existing structures
Temporary construction buildings
Temporary dwellings at a maximum of one (1) per lot that will be occupied for one
(1) year (365 days) or less
Timber harvesting
Wildlife developments
Wildlife management areas
603.3 CONDITIONAL USES
1.
2.
3.
4.
5.
Any structure over one hundred (100) feet in height
Bed and breakfast establishments
Bulk storage (liquid)
Churches, cemeteries, and schools
Commercial recreation
[67]
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Dams, flowage areas, and pipelines
Farm Wineries
Feedlots of three hundred (300) animal units and over
Government buildings
Home Occupations (LEVEL 2)
Horse stables
Hunting shacks
Kennel, Dog/Cat – Commercial Boarding, Breeding, and Training
Land reclamation/demolition landfill
Mineral extraction
Power transmission lines over 35kV
Recreational camping areas
Retail nursery, garden supplies, and greenhouses
Solar energy systems (Large)
Telecommunication towers
Temporary dwellings at a maximum of one per lot that will be occupied for more
than one (1) year
Wholesale nurseries
603.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet.
B. This height limitation shall not apply to grain elevators, silos, windmills,
elevator legs, cooling towers, water towers, chimneys, smokestacks, and
church spires.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
3. Side Yard
A. Twenty (20) foot setback.
[68]
4. Rear Yard
A. Twenty (20) foot setback.
5. Bluffline
A. For any structure, or excavation for a structure, but not for onsite sewage
treatment systems, thirty (30) foot setback.
6. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
7. Lot Area
A. The minimum lot size for each new dwelling shall be ten (10) acres, the
buildable lot area of which shall be a minimum of two (2) contiguous acres.
8. Lot Width
A. Minimum width of not less than sixty-six (66) feet along a public road.
9. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[69]
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[70]
604 URBAN/RURAL RESIDENTIAL (R-1)
604.1 PURPOSE
The Urban/Rural Residential District is established in areas within the County for the
purpose of allowing limited urban growth. The major purposes 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 will be located immediately adjacent to
cities with existing sanitary sewer services, or be utilized for existing rural clusters of
dwellings not generally associated with farming.
604.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Accessory uses
Cisterns
Erosion control
Essential services, except those listed as conditional uses
Existing agricultural land uses
Existing dwellings and new single family dwellings
Historic site and areas
Home Occupation (LEVEL 1)
Micro-WECS
Public recreation
Seasonal produce stands
Solar energy systems (Small)
Temporary construction buildings
Wildlife developments
Wildlife management areas
604.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
Any change in agricultural practice that marks an intensification of present
agricultural use
Churches, cemeteries, and schools
Cluster development
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Government buildings
Home Occupation (LEVEL 2)
Rest homes, hospitals
Transmission lines over 35kV and pipelines
604.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet in height.
[71]
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
3. Side Yard
A. Twenty (20) foot setback for the principal building and individual sewage
treatment system.
B. Ten (10) foot setback for detached accessory buildings.
4. Rear Yard
A. Forty (40) foot setback for the principal building.
B. Ten (10) foot setback for detached accessory buildings.
5. Bluffline
A. For any structure, or excavation for a structure, but not for onsite sewage
treatment systems, thirty (30) foot setback.
6. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
7. Lot Area
A. For dwelling units with private sewage treatment systems and water wells a
minimum of one and one half (1½) acres.
B. For dwelling units with central sewage treatment and water systems a
minimum of fifteen thousand (15,000) square feet.
[72]
8. Lot Width and Depth
A. For dwelling units with private sewage treatment systems
Lot width – Two hundred (200) foot minimum
Lot depth – Two hundred (200) foot minimum
9. Structures shall be so located on each lot such that further subdivision is possible
when central sewer and water facilities become available.
10. General Regulations
A. Additional requirements and other regulations set forth in Section 7.
[73]
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[74]
605 MULTIPLE FAMILY URBAN (R-2)
605.1 PURPOSE
The Multiple Family Urban District is established to allow multiple family dwellings in areas
that are provided with municipal water and sewer systems. The sites should be located such
that local roads are not relied upon for traffic increases and should generally serve as a buffer
between lower density residential and non-residential uses.
605.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Accessory uses
All uses permitted in urban/rural residential districts
Boarding or lodging houses
Cisterns
Duplexes
Erosion control
Essential services, except those listed as conditional uses
Existing agricultural land uses
Home Occupations (LEVEL 1)
Micro-WECS
Multiple family dwellings not to exceed two (2) stories in height
Public recreation
Single family attached dwellings
Solar energy systems (Small)
Temporary construction buildings
Wildlife developments
605.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Churches, cemeteries, and schools
Commercial recreational
Cutting or filling in excess of fifty (50) cubic yards that is not in connection with
another permitted use
Government buildings
Home Occupation (LEVEL 2)
Intensification or modification of agricultural activities
Manufactured home parks
Multiple family dwellings in excess of two (2) stories in height
Power transmission lines over 35kV and pipelines
Rest homes, hospitals
605.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet in height.
[75]
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
3. Side Yard
A. Fifteen (15) feet or three-quarters (¾) the height of the building, whichever is
greater.
4. Rear Yard
A. Twenty (20) foot setback.
5. Bluffline
A. For any structure, or excavation for a structure, but not for onsite sewage
treatment systems, thirty (30) foot setback.
6. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
7. Lot Area
A. The density of single family attached or multi-family units shall not exceed
eight (8) units per acre.
8. Lot Width and Depth
A. There shall be a lot width of at least seventy (70) feet and a lot depth of
seventy (70) feet.
9. The design shall make use of all land contained in the site. All of the site shall be
related to the circulation, recreation, screening, building, storage, landscaping, etc., so
that no portion of the site remains undeveloped.
[76]
10. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[77]
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[78]
606 HIGHWAY BUSINESS (B-1)
606.1 PURPOSE
The Highway Business District is established to accommodate those types of businesses that
require accessibility to highways to successfully function. To minimize unmanageable strip
development, Highway Business Districts should only allow the type of businesses that
absolutely require highway accessibility.
606.2 PERMITTED USES
All new uses shall be developed with service roads.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Accessory uses
Adult Use/Sexually Oriented Businesses as indicated in the Adult Use/Sexually
Orientated Business Ordinance
Agricultural land uses
Agriculture business
Automobile sales lot
Automobile service stations
Bowling alley
Cafes and restaurants
Cisterns
Drive-in restaurant
Drive-in retail stores or service uses
Essential services, except those listed as conditional uses
Implement dealers
Micro-WECS
Motels or tourist camps
Movie theatre
Professional offices
Recreation equipment sales including marine boats
Retail nurseries, garden supplies, and greenhouses
Seasonal produce stands
Signs
Solar energy systems (Small)
Telecommunication antennas on existing structures
Temporary construction buildings
606.3 CONDITIONAL USES
All new uses shall be developed with service roads.
1.
2.
3.
4.
Bulk storage (liquid)
Churches, cemeteries, and schools
Commercial recreation
Commercial WECS
[79]
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Government buildings
Living quarters of persons employed on the premises
Meteorological tower
Non-Commercial WECS
Other highway oriented business activities of the same general character as listed in
permitted uses
Power lines over 35kV and pipelines
Recreational camping areas
Solar energy systems (Large and/or Reflecting)
Structures over one hundred (100) feet in height
Telecommunication towers
606.4 DIMENSIONAL STANDARDS
1. Height
A. A maximum of two and one half (2½) stories or thirty five-feet (35) in height.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easements
One hundred (100) feet
One hundred (100) feet
One hundred (100) feet
B. Where a lot is located at the intersection of two (2) or more roads or highways
there shall be a front yard setback on each road or highway side of each corner
lot. No building shall project beyond the front yard line of either road.
3. Side Yard
A. Twenty (20) foot setback.
B. No building shall be located within fifty (50) feet of any side lot line abutting
a lot line in any Residential or Agricultural District.
4. Rear Yard
A. Thirty-five (35) foot setback.
B. No building shall be located within fifty (50) feet of any rear lot line abutting
a lot in any Residential or Agricultural District.
[80]
5. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
6. Lot Coverage
A. Not more than fifty (50) percent of the lot shall be occupied by buildings.
7. Lot Width
A. A minimum of one hundred (100) feet abutting a public right-of-way.
8. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[81]
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[82]
607 GENERAL BUSINESS (B-2)
607.1 PURPOSE
The General Business District is intended to provide a district that will allow general retail
and commercial uses to serve the existing population.
607.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Accessory uses
Automobile service stations
Cisterns
Clubs, lodges
Commercial public recreation
Drive in business
Erosion control
Essential services, except those listed as conditional uses
Hospitals
Hotel and motels
Indoor recreation, such as movie theaters
Landscaping
Micro-WECS
Offices and medical centers
Parking facilities
Passenger transportation terminal
Restaurants, cafes, and supper clubs
Retail trade
Solar energy systems (Small)
Telecommunication antennas on existing structures
Temporary construction buildings
Wholesale business
Wildlife developments
607.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Bulk storage (liquid)
Commercial recreation
Commercial WECS
Cutting or filling in excess of fifty (50) cubic yards that is not in connection with
another permitted use
Freight transportation terminals
Government buildings
Industrial uses
Living quarters of persons employed on the premises
Non-Commercial WECS
Meteorological towers
On and off sale liquor establishments
[83]
12.
13.
14.
15.
16.
17.
Other business activities of the same general character
Power lines over 35kV and pipelines
Recreational camping areas
Solar energy systems (Large and/or Reflecting)
Structures over one hundred (100) feet in height
Telecommunication towers
607.4 DIMENSIONAL STANDARDS
1. Height
A. A maximum of two and one half (2½) stories or thirty-five (35) feet in height.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easements
One hundred (100) feet
One hundred (100) feet
One hundred (100) feet
B. Where a lot is located at the intersection of two (2) or more roads or highways
there shall be a front yard setback on each road or highway side of each corner
lot. No building shall project beyond the front yard line of either road.
3. Side Yard
A. Twenty (20) foot setback.
B. No building shall be located within fifty (50) feet of any side lot line abutting
a lot line in any Residential or Agricultural District.
4. Rear Yard
A. Thirty-five (35) foot setback.
B. No building shall be located within fifty (50) feet of any rear lot line abutting
a lot in any Residential or Agricultural District.
5. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
[84]
6. Lot Width
A. A minimum of one hundred (100) feet abutting a public right-of-way.
7. Screening and Fencing
A. The County may require the screening and fencing of industrial uses, to
prevent visual blight, especially on side yards which face residential or
agricultural districts.
8. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[85]
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[86]
608 LIMITED INDUSTRY (I-1)
608.1 PURPOSE
The Limited Industry District is intended to provide for compact, limited and highway
oriented industries and industrial uses that may suitably be located in areas of relatively close
proximity to non- industrial development. As such, industries that pose problems of air
pollution, noise, vibrations, etc., will be restricted from this district.
608.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Accessory uses
Adult Use/Sexually Orientated Businesses as indicated in the Adult Use/Sexually
Orientated Business Ordinance
Any production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products, which is not stated as a conditional or prohibited use
provided said industry can conform to prescribed performance standards and is not
impervious or offensive to the occupants of adjacent premises
Automobile repair station
Cisterns
Essential services
Micro-WECS
Signs (advertising)
Solar energy systems (Small)
Telecommunication antennas on existing structures
Temporary construction buildings
Transportation or freight terminal
Warehouse
Wholesale business
608.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Bulk storage (liquid)
Commercial WECS
Cutting or filling in excess of fifty (50) cubic yards that is not in connection with
another permitted use
Government buildings
Land reclamation/demolition landfill
Meteorological towers
Mineral extraction
Non-Commercial WECS
Restaurants
Retail trade
Solar energy systems (Large and/or Reflecting)
Structures over one hundred (100) feet in height
Telecommunication towers
[87]
608.4 PROHIBITED USES
1.
2.
3.
4.
5.
6.
7.
Any industry that creates an excessive odor, noise, or air environmental pollution
problem
Distillation of bone, coal, tar, petroleum, grain, or wood
Fertilizer manufacturing, compost, or storage processing of garbage, offal, dead
animals, refuse, or rancid fats
Junk yards
Livestock feeding yards, slaughter houses, or processing plants
Manufacturing or bulk storage of explosives
Manufacturing, refining, or processing of chemicals
608.5 DIMENSIONAL STANDARDS
1. Height
A. A maximum of three (3) stories or forty (40) feet in height.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easements
One hundred (100) feet
One hundred (100) feet
One hundred (100) feet
B. Where a lot is located at the intersection of two (2) or more roads or highways
there shall be a front yard setback on each road or highway side of each corner
lot. No building shall project beyond the front yard line of either road.
3. Side Yard
A. Twenty (20) foot setbacks.
B. No building shall be located within seventy-five (75) feet of any side lot line
abutting a lot line in any Residential or Agricultural District.
4. Rear Yard
A. Thirty-five (35) foot setbacks.
B. No building shall be located within fifty (50) feet of any rear lot line abutting
a lot in any Residential or Agricultural District.
[88]
5. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
6. Lot Width
A. A minimum of one hundred (100) feet abutting a public right-of-way.
7. Screening and Fencing
A. The County may require the screening and fencing of industrial uses, to
prevent visual blight, especially on side yards which face Residential or
Agricultural Districts.
8. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[89]
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[90]
609 GENERAL INDUSTRY (I-2)
609.1 PURPOSE
The General Industry District is created to allow general industry which due to their nature
and size will not conform to Limited Industry.
609.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Accessory uses
All industry permitted in I-1 subject to dimensional standards set forth in this
Section
Any productions, processing, cleaning, servicing, testing, repair, or storage of
materials, goods, or products subject to the dimensional standards set forth in this
Section
Cisterns
Essential services
Highway maintenance shops and yards
Micro-WECS
Motor freight terminals
Public service buildings
Signs (advertising)
Solar energy systems (Small)
Telecommunications antennas on existing structures
609.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Bulk storage (liquid)
Commercial WECS
Cutting or filling in excess of fifty (50) cubic yards that is not in connection with
another permitted use
Distillation of bone, coal, tar, petroleum, grain, or wood
Extracting, processing, and storage of sand, gravel, stone, or other raw materials
Fertilizer manufacturing, compost, or storage processing of garbage
Junk yards or salvage yards
Livestock slaughter houses or processing plants
Manufacturing, refining, and processing of chemicals
Meteorological towers
Non-Commercial WECS
Solar energy systems (Large and/or Reflecting)
Structures over one hundred (100) feet in height
Telecommunication towers
[91]
609.4 DIMENSIONAL STANDARDS
1. Height
A. A minimum of three (3) stories or forty (40) feet in height.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easements
One hundred (100) feet
One hundred (100) feet
One hundred (100) feet
B. Where a lot is located at the intersection of two (2) or more roads or highways
there shall be a front yard setback on each road or highway side of each corner
lot. No building shall project beyond the front yard line of either road.
3. Side Yard
A. Thirty (30) foot setbacks.
B. No building shall be located within seventy-five (75) feet of any side lot line
abutting a lot line in any Residential or Agricultural District.
4. Rear Yard
A. Forty (40) foot setbacks.
B. No building shall be located within seventy-five (75) feet of any rear lot line
abutting a lot in any Residential or Agricultural District.
5. Ditch
A. For any structure, or excavation for a structure, a one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
6. Lot Width
A. A minimum of one hundred (100) feet abutting a public right-of-way.
[92]
7. Screening and Fencing
A. The County may require the screening and fencing of industrial uses, to
prevent visual blight, especially on side yards which face Residential or
Agricultural Districts.
8. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[93]
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[94]
610 FLOODPLAIN (FP)
610.1 PURPOSE
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
Chapter 394, as amended, delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses.
The development of the Floodplain District of the County could result in the potential loss of
life and property, create health and safety hazards, and lead to extraordinary public
expenditures for flood protection and relief. Since development of these areas is not essential
to the orderly growth of the community and since these lands are suitable for open space uses
that do not require structures or fill, the following standards are herewith established as part
of this Ordinance.
This Ordinance does not imply that areas outside the Floodplain District or land uses
permitted within such district will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the County or any officer or employee thereof for any
flood damages that result from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
This Section of the Ordinance shall apply to all lands within the jurisdiction of the County
shown on the Official Zoning map and/or the attachments thereto as being located within the
boundaries of the General Floodplain Districts.
610.2 AMENDMENTS
The Floodplain designation on the official Zoning Map shall not be removed from Floodplain
areas unless it can be shown that the designation is in error or that the area has been filled to
or above the elevation of the regional flood and is contiguous to lands outside the Floodplain.
Special exceptions to this rule may be permitted by the Commissioner of Natural Resources
if he determines that, through other measures, lands are adequately protected for the intended
use.
610.3 FLOODPLAIN DISTRICT AREAS
The Flood Insurance Study for Nicollet County, Minnesota and Incorporated Areas, dated
July 21, 1999 and all Flood Insurance Rate Map panels published therein as indicated on the
Flood Insurance Rate Map Index dated July 21, 1999, are hereby adopted by reference and
declared to be part of the Official Zoning Map for the County and this Ordinance. The Flood
Insurance Study and Flood Insurance Rate Map panels shall be on file in the Property
Services Office. The Floodplain District for the County shall include those areas which lie
within all areas designated within the one hundred (100) year and five hundred (500) year
flood boundaries on the Flood Insurance Rate Map panels adopted herein.
[95]
610.4 PERMITTED USES
The following uses have low flood damage potential and do not obstruct flood flows. These
uses shall be permitted within the Floodplain District to the extent that they are not
prohibited by any other ordinance and provided they do not require structures, fill, storage of
materials, or equipment.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Airport landing strips
Archery ranges, target ranges, trap and skeet ranges
Boat launching ramps
Fish hatcheries
Game farms and shooting preserves
General farming, pasture, grazing, truck farming, sod farming, and wild crop
harvesting
Hunting and fishing areas
Lawns, gardens, and play areas
Outdoor plant nurseries and horticulture
Parking areas
Parks, wildlife and nature preserves
Picnic grounds and swimming areas
Private and public golf courses and driving ranges
Single or multipurpose recreational trails
Tennis courts
Timber harvesting
610.5 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
Erosion control in accordance with Soil and Water Conservation District and
Department of Natural Resource practices
Cutting, filling, or grading in excess of ten (10) cubic yards that is not in connection
with another permitted use
Railroads, streets, bridges, utility transmission lines, pipelines, and water wells
Structural works for flood control such as levees, berms, and floodwalls constructed
to any height where the intent is to protect individual structures and levees or berms
where the intent is to protect agricultural crops for a frequency flood event equal to
or less than the ten (10) year frequency flood event
Accessory structures on existing dwelling sites
Wildlife ponds (dugouts and impoundments)
[96]
610.6 DIMENSIONAL STANDARDS
1. Front Yard
A. Required Setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
2. Side Yard
A. Twenty (20) foot setbacks.
3. Rear Yard
A. Fifty (50) foot setbacks.
4. Lot Area
A. The minimum lot size shall be ten (10) acres.
5. Lot Width and Depth
A. A minimum width of not less than two hundred (200) feet and a minimum
depth of not less than two hundred fifty (250) feet.
6. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
610.7 INFORMATION REQUIRED
Procedures to be followed by the Planning Commission in passing conditional use permit
applications within the Floodplain District:
1. Require the applicant to furnish such of the following information and additional
information as deemed necessary by the Planning Commission for determining the
suitability of the particular site for the proposed use and whether the stage of the one
hundred (100) year flood will be increased due to the proposed activity:
[97]
A. Plans in triplicate drawn to scale showing the nature, location, dimensions,
and elevation of the lot, existing structures, fill, storage of materials, flood
proofing measures, and the relationship of the above to the location of the
stream channel.
B. Specifications for building construction and materials, flood proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply,
and sanitary facilities.
2. Transmit one copy of the information described in Section 610.7(1.A) to a designated
engineer or other expert person or agency for technical assistance, where necessary,
in evaluating the proposed project in relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of the plans for protection, and
other technical matter.
3. Based upon the technical evaluation of the designated engineer or expert, the
Planning Commission shall determine the specific flood hazard at the site and
evaluate the suitability of the proposed use in relation to the flood hazard.
4. The applicant shall be required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this
Ordinance. Flood proofing measures shall be certified by a registered professional
engineer or registered architect.
5. The Zoning Administrator shall maintain a record of the elevation of the lowest floor
(including basement) of all new structures and alterations or additions to existing
structures in the Floodplain. The Zoning Administrator shall also maintain a record
of the elevation to which structures or alterations and additions to structures are flood
proofed.
610.8 DECISIONS
In granting a conditional use permit the Planning Commission shall prescribe appropriate
conditions and safeguards, in addition to those specified in Section 505.2(10), which are in
conformity with the purposes of this Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the conditional use permit is granted,
shall be deemed a violation of this Ordinance punishable under Section 8. A copy of all
decisions granting conditional use permits shall be forwarded by mail to the Commissioner
of Natural Resources within ten (10) days of such action.
[98]
611 SPECIAL PROTECTION (SP)
611.1 PURPOSE
The Special Protection District is created for those Shoreland areas around Swan and Middle
Lakes that are unique in natural wildlife resource value and which also experience
considerable public use for recreational purposes. These areas need protection from
permanent development, yet need to allow for a reasonable amount of recreational usage.
611.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Accessory uses
Agricultural uses, except those listed as conditional uses
Cisterns
Erosion control
Feedlots of two hundred ninety-nine (299) animal units and under
Historic sites and areas
Home Occupations (LEVEL 1)
Micro-WECS
New dwellings at a maximum density of one (1) per quarter-quarter on lots
recorded after January 2, 1996 that meet the minimum lot size requirements in
Section 611.4
New dwellings on legal lots of record as of January 2, 1996
Public utility lines under 35kV
Seasonal produce stands
Solar energy systems (Small)
Timber harvesting
Wildlife developments
Wildlife management areas
611.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Bed and breakfast establishments
Churches, cemeteries, and schools
Commercial recreation
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Essential services
Feedlots three hundred (300) animal unites and over
Government buildings
Greenhouses
Home Occupations (LEVEL 2)
Hunting shacks
Kennel, Dog/Cat – Commercial Boarding, Breeding, and Training
Recreational camping areas
Structures over one hundred (100) feet in height
Temporary dwellings and construction buildings
[99]
15.
Temporary dwellings at a maximum of one (1) per lot that will be occupied for no
more than one (1) year (365 days)
611.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet.
B. This height limitation shall not apply to farm structures.
2. Front Yard
A. Required setbacks from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Minimum setback from property line of fifty (50) feet.
3. Side and Rear Yards
A. Fifty (50) foot setback.
4. Ordinary High Water Mark
A. Two hundred (200) foot setback.
5. Highest Known Water Level
A. Three (3) feet minimum height above the highest known water level.
6. Ditch
A. One hundred (100) foot setback.
7. Lot Area
A. Minimum lot size of ten (10) acres, the buildable lot area of which shall be a
minimum of two (2) contiguous acres.
8. Lot Width
A. Minimum lot width of sixty-six (66) feet along a public road.
[100]
9. General Regulations
A. Additional requirements and other regulations are set forth in Section 7.
[101]
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[102]
612 RURAL TOWNSITE (RT)
612.1 PURPOSE
The Rural Townsite District is established to provide standards for existing unincorporated
communities in the County. These standards will be applied to those areas of the community
which were previously zoned R-1. These standards may be associated with higher density
residential development.
612.2 PERMITTED USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Accessory uses
Cisterns
Erosion control
Essential services, except those listed as conditional uses
Existing agricultural land uses
Existing dwellings and new single family dwellings
Historic sites and areas
Home Occupations (LEVEL 1)
Micro-WECS
Nurseries, excluding greenhouses
Public recreation
Seasonal produce stands
Solar energy systems (Small)
Temporary construction buildings
Wildlife developments
Wildlife management areas
612.3 CONDITIONAL USES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Any change in agricultural practice that marks an intensification of present
agricultural use
Bed and Breakfast establishments
Churches, cemeteries, and schools
Cutting or filling over fifty (50) cubic yards that is not in connection with another
permitted use
Government buildings
Home Occupations (LEVEL 2)
Rest homes, hospitals
Seasonal produce stands
Telecommunication antennas
Transmission lines over 35kV and pipelines
[103]
612.4 DIMENSIONAL STANDARDS
1. Height
A. Maximum of two and one half (2½) stories or thirty-five (35) feet in height.
2. Front Yard
A. Required setback from road right-of-way
State Highway
County Road
Township/Private Roads/Easement
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
B. Where a lot is located at the intersection of two (2) or more roads or
highways, there shall be a front yard setback on each road or highway side of
each corner lot.
3. Side Yard
A. Ten (10) foot setback for the principal building and individual sewage
treatment systems.
B. Five (5) foot setback for detached accessory buildings.
4. Rear Yard
A. Thirty (30) foot setback for the principal building.
B. Ten (10) foot setback for detached accessory buildings and individual sewage
treatment systems.
5. Ditch
A. For any structure, or excavation for a structure, one hundred (100) foot
setback.
B. Trees shall not be planted within one hundred (100) feet of an open ditch or
within two hundred (200) feet of a tile line ditch.
6. Lot Area
A. For dwelling units with private sewage treatment systems and water wells a
minimum of one and one half (1½) acres.
B. For dwellings units with central sewage treatment and water systems a
minimum of fifteen thousand (15,000) square feet.
[104]
7. Lot Width and Depth
A. For dwelling units with private sewage treatment systems
Lot Width – Two hundred (200) foot minimum
Lot Depth – Two hundred (200) foot minimum
B. For dwelling units with central sewer and water systems
Lot Width – Eighty-five (85) foot minimum
Lot Depth – One hundred and fifty (150) foot minimum
8. Structures shall be so located on each lot such that further subdivision is possible
when central sewer and water facilities become available.
9. General Regulations
A. Additional requirements and other regulations set forth in Section 7.
[105]
SECTION 7 PERFORMANCE STANDARDS
701 PURPOSE
The performance standards established in this Section are designed to encourage a high
standard of development. All future development in all districts shall be required to meet
these standards and the standards shall also apply to existing development where so stated.
The County Board shall be responsible for enforcing the standards.
Before any zoning permit is approved, the Zoning Administrator shall determine whether the
proposed use will conform to the performance standards. The developer or landowners shall
supply data necessary to demonstrate such conformance. Such data may include a
description of equipment to be used, hours of operation, method of refuse disposal, and type
and location of exterior storage.
[106]
702 ACCESS DRIVES, VACATED STREETS, AND TRAFFIC CONTROL
702.1 DRIVEWAYS AND ACCESS DRIVES
1. Driveways leading onto any public road shall require a review by the road authority.
The road authority shall determine the appropriate location, size, and design of such
driveways and may limit the number of driveways in the interest of public safety and
efficient traffic flow. If required, the petitioner shall submit an access permit
application to the road authority for approval.
2. Access drives which traverse wooded, steep, or open field areas shall be constructed
and maintained to a minimum ten (10) foot width and base material depth sufficient
to support access by emergency vehicles and shall not be located on any slope
exceeding twelve (12) percent.
A. Access drives two hundred (200) feet in length or more shall have a minimum
driving surface width of fourteen (14) feet.
3. Access drives shall have a twenty (20) foot long flat grade directly adjacent to the
road the drive accesses.
4. All lots or parcels, for the purpose of residential development, except hunting shacks,
shall front and/or abut a public roadway, which shall be built and maintained by the
proper road authority. This provision shall not apply to an existing farmstead that
may be parceled off from the surrounding crop land.
702.2 SERVICE ROADS
Service roads shall be provided for new businesses along highways. They shall not allow for
direct access to local streets by the business oriented traffic.
1. Standards:
A. A minimum of thirty (30) feet of right-of-way in addition to that of the
adjoining highway.
B. A minimum of twenty-four (24) feet of surfaced width with curbs.
702.3 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
proceedings.
[107]
702.4 TRAFFIC CONTROL
The traffic generated by any use shall be channeled and controlled in a manner that will
avoid:
1. Congestion on the public streets.
2. Traffic hazards.
3. Excessive traffic through residential areas, particularly truck traffic.
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 onto streets. On
corner lots (including rural areas) nothing shall be placed or allowed to grow with the
exception of seasonal crops in such a manner as materially to impede vision between a height
of two and one half (2½) feet and ten (10) feet above the centerline grades of the intersecting
streets to distance such that a clear line of vision is possible of the intersecting street from a
distance of fifty (50) feet from the intersection of the right-of-way lines.
702.5 ACCESS MANAGEMENT GUIDELINES
Sound access management practices can enhance safety and preserve mobility on roadways.
The following standards shall be employed to best manage access on the roadways of the
County.
1. No access shall enter a road within the functional area of any intersection of roads in
the County. The functional area is defined as six hundred (600) feet from the
intersection as measured at the intersecting point of the right-of-ways of the roads.
2. The spacing distance between private driveways onto public roads shall be no closer
than five hundred (500) feet between them.
3. These standards shall apply to all entrances used for access to all land uses except
land used exclusively for crop fields.
4. No conversion of an access for crop fields to another land use may be made without
prior approval of the road authority. No conversion may be granted for an access for
crop fields located within the functional area of an intersection.
[108]
703 ACCESSORY USES
703.1 RESIDENTIAL DISTRICTS
1. No accessory building shall be located nearer the front lot line than the principal
building on the lot.
2. No accessory building shall exceed the height of the principal building.
3. No accessory buildings shall exceed in total combined size the ground floor square
footage of the principal building.
703.2 COMMERCIAL AND INDUSTRIAL DISTRICTS
1. No accessory building shall exceed the height of the principal building.
2. Accessory buildings may be located any place to the rear of the principal building,
subject to State fire zone regulations.
703.3 SHORELAND DISTRICT
1. Accessory buildings of an already permitted conditional use shall not require an
amended conditional use permit.
703.4 ALL DISTRICTS
1. No accessory building or use shall be constructed or developed on a lot prior to
construction of the principal building.
2. In the case an accessory building is attached to the principal building, it shall be made
structurally a part of the principal building and shall comply in all respects with the
requirements of this Ordinance applicable to the main building. An accessory
building, unless attached to and made part of the main building shall not be closer
than six (6) feet to the main building, except as otherwise provided in this Ordinance.
3. Accessory structures located on lake or stream frontage lots may be located between
the public road and the principal structure provided it is clearly demonstrated that
physical conditions require such a location. In no event, however, shall the structure
be located closer than twenty (20) feet to the public road right-of-way.
4. Existing structures meeting the definition of “manufactured home, derelict” as stated
in Section 302, shall be removed from the premises and properly disposed. Existing
derelict manufactured homes shall not be converted or used as storage structures.
[109]
704 AUTOMOBILE SERVICE STANDARDS
704.1 LOT SIZE
A service station site shall be a minimum of twenty thousand (20,000) square feet.
704.2 SETBACKS
1. The building or buildings shall be set back at least thirty-five (35) feet from the street
right-of-way.
2. Near residential districts, the service station buildings, signs, and pumps shall be a
minimum of twenty-five (25) feet from the adjoining property.
3. In commercial areas, the structures shall be set back at least ten (10) feet from
adjoining property.
704.3 FENCING AND SCREENING OF BUSINESS
1. When adjacent or near to residential property, there shall be a screening fence.
2. When adjacent to commercial property, there shall be a bumper-type fence about
eighteen (18) inches high between the station and the adjacent commercial property.
704.4 VEHICLES
1. No vehicles shall be parked on the premises other than those utilized by employees or
awaiting service.
2. No vehicle shall be parked or be waiting for service longer than fifteen (15) days.
3. Existing service stations shall comply with this requirement within forty-five (45)
days of the effective date of this Ordinance.
704.5 EXTERIOR STORAGE
1. Exterior storage in addition to vehicles shall be limited to service equipment and
items offered for sale on the pump island.
2. 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.
3. Existing service stations shall comply with this requirement within three (3) months
of the effective date of this Ordinance.
[110]
704.6 SCREENING OF ACCESSORY USES
1. All areas utilized for the storage, disposal, or burning of trash, debris, discarded parts,
and similar items shall be fully screened.
2. All structures and grounds shall be maintained in an orderly, clean, and safe manner.
3. Existing service stations shall comply with this requirement within nine (9) months of
the effective date of this Ordinance.
704.7 ARCHITECTURE
1. If possible, the station should be of a type that is reasonably compatible with the
surroundings. Most national oil companies have a variety of building types which
could be viewed for selection of the most suitable.
704.8 OUTDOOR DISPLAYS
1. The storage of used tires, batteries, and other such items for sale outside the building
should be controlled.
2. Such items should be displayed in specially designed containers and be limited to one
or two areas well back from the street right-of-way line.
3. Junk cars, empty cans, and other unsightly materials shall not be permitted in an area
subject to public view.
704.9 BUSINESS ACTIVITIES
1. Business activities not listed in the definition of service stations in this Ordinance are
not permitted on the premises of a service station unless a conditional use permit is
obtained specifically for such business.
2. Such activities include but are not limited to the following: automatic car and
truck wash, rental of vehicles, equipment or trailers, or general retail sales.
[111]
705 AWNINGS, CANOPIES, AND MARQUEES
All awnings, canopies, and marquees shall meet the following standards:
1. No part of any awning, canopy, and marquee shall project into any public right-ofway.
2. No part of any awning, canopy, and marquee, other than structural supports, shall be
less than nine (9) feet above the sidewalk or the ground level.
3. The architectural style of the awning, canopy, or marquee shall be consistent with the
building to which they serve.
4. Awnings, canopies, and marquees shall not be enclosed.
[112]
706 BEAUTY SALONS
706.1 PURPOSE
Beauty salons specialize in the practice of personal services, for compensation, for the
cosmetic care of hair and nails. These services include cleaning, conditioning, shaping, and
coloring in the areas of the scalp, hands, and feet, except where these services are performed
by a licensed barber under Minnesota State Statute Chapter 154. The purpose of these
regulations is to ensure protection of the health, safety, and general welfare of the residents
of the County.
706.2 GENERAL STANDARDS
1. The owner/operator shall comply with all local, stage, and federal regulations in
regard to beauty salons.
2. The owner/operator shall install a separate holding tank to collect hazardous waste
produced from chemicals typically used in a salon.
3. An approved holding tank design and an onsite septic system design shall be on file
in the Environmental Service Department.
4. The establishment shall have all the appropriate licenses needed in order to run a
beauty salon.
5. Services shall only include: permanents, tinting, coloring, cutting, shampooing,
styling, and manicure/pedicure services.
[113]
707 BED AND BREAKFAST ESTABLISHMENTS
707.1 PURPOSE
The purpose of the this Section shall be to allow persons to engage in economic activities that
do not disturb their neighbors or create safety or environmental concerns at levels that are
higher than as otherwise permitted in the areas.
707.2 GENERAL STANDARDS
1. The bed and breakfast facility shall not provide more than eight (8) rooms for rent or
no more than twenty (20) guests at a time.
2. The facility will be located on the same property as the owner’s personal residence.
3. No meals will be provided other than breakfast served to persons who rent the rooms.
4. The bed and breakfast facility will follow state guidelines with regard to food and
alcoholic beverages.
5. The facility was originally built and occupied as, or was converted to, a single-family
residence prior to being used as place of lodging.
6. A sign will not exceed one and one half (1½) square feet and is prohibited within the
public right-of-way of any street or easement.
7. There shall be adequate parking for the renters of the facility, one (1) space per rental
unit, plus one (1) space per employee.
8. The septic system shall meet standards as set forth in Chapter 7080 of the Individual
Sewage Treatment Systems Standards.
[114]
708 BULK STORAGE (LIQUID)
The bulk storage of oil, liquid propane, gasoline, liquid fertilizer, chemicals, and similar
liquids in excess of two thousand five hundred (2,500) gallons shall meet the following
standards:
1. All uses associated with bulk storage shall require a conditional use permit.
2. All containers shall be certified to store the liquid intended for bulk storage.
3. In considering conditional uses associated with bulk storage the County Board shall
have assurance that fire, explosion, or water/soil contamination hazards are not
present that would be detrimental to the public health, safety, and general welfare.
4. All uses associated with bulk storage shall be in accordance with the rules and
regulations of the Minnesota State Fire Marshall, Minnesota Department of
Agriculture, Minnesota Pollution Control Agency, and United States Environmental
Protection Agency, as amended, and shall have documents from those offices stating
that the use is in compliance.
5. The County Board shall require the development of berming around bulk storage
containers. Berming shall be suitably sealed and shall hold a leakage capacity equal
to one hundred fifteen (115) percent of the largest container capacity.
6. Screening
A. Landscaping shall be required to screen bulk storage containers from public
roads and neighboring properties.
B. Screening shall consist of trees, shrubbery, and other suitable vegetation.
Berms and fencing may be used as screening, but shall only be used to
supplement adequate vegetative screening. All screening shall meet
appropriate setback standards.
C. Prior to the issuance of any conditional use permit for bulk storage, a
landscaping plan shall be submitted to the Zoning Administrator for review
and approval.
7. The storage area shall be grassed or surfaced to control dust.
8. All existing, above ground liquid bulk storage containers having a combined capacity
in excess of ten thousand (10,000) gallons shall secure a conditional use permit
within twenty-four (24) months following enactment of this Ordinance.
9. Any existing bulk storage container that, in the opinion of the County Board,
constitutes a hazard to public safety shall discontinue operations within five (5) years
following enactment of this Ordinance.
[115]
709 CEMETERIES
All subdivisions of land for the purpose of creating cemeteries, submitted for approval shall
fully comply, in all respects, with the regulations set forth herein. It is the purpose of these
regulations to encourage well planned and efficient subdividing of land.
1. The plat shall be prepared by a land surveyor who is registered in the State of
Minnesota and shall comply with the provisions of Minnesota State Statute 307, as
amended.
2. Surveying requirements of the final plat shall be under the direction of a Registered
Surveyor.
3. The subdivider or owner shall provide a map showing location and size of existing
sewers, water mains, culverts, or other underground facilities within the preliminary
plan area and to a distance of one hundred and fifty (150) feet beyond. Such data as
grades, invert elevations, and locations of catch basins, manholes, hydrants, and street
pavement width and type, shall also be shown.
4. The subdivider or owner shall prepare a map showing all existing and proposed
private restrictions.
5. Execution by all owners of any interest in the land and any holders of a mortgage
therein of the certificate required by Minnesota Statutes and which certificate shall
include and accurate legal description of any area to be dedicated for public use and
shall include a dedication to the County of sufficient easements to accommodate
utility services in such form as shall be approved by the County Attorney.
[116]
710 COMMON INTEREST COMMUNITY OR CONDOMINIUM
710.1 PURPOSE
The purpose of this Section is to provide the means of designing building complexes
containing an internal relationship between building and building, and between building and
site that cannot be accomplished through the standard application of this Ordinance.
This Section provides a procedure for development of more than one (1) structure upon a
single tract or lot, as well as the integrated development of one (1) or more lots as a single
tract in Residential, Commercial, or Industrial Districts.
The Common Interest Community (CIC) is intended for use only where the use:
1. Usual standards would not provide adequate environmental protection.
2. Usual standards would allow design standards detrimental to the natural aesthetic and
physical characteristics of the site.
3. Usual standards would not provide an efficient and feasible use of the land.
710.2 ADMINISTRATIVE PROCEDURE
The applicant shall file a conditional use permit for a CIC at the office of the Property
Services Department and simultaneously follow the County Subdivision Ordinance to secure
both preliminary and final plat approval from the Planning Commission and the County
Board. The application shall state the reasons for requesting the CIC.
710.3 DEVELOPMENT REGULATIONS
All other development regulations of the appropriate Zoning District not specified in this
Subdivision or specified as a condition to the conditional use permit shall apply to a CIC. It
is the intent of this Section that the subdivision of the land involved (Shoreland or
Conservancy) be carried out simultaneously with the review of a CIC.
1. Open Space and Common Area
The land which is to be set aside as open space or common area shall be clearly
indicated on the plan. Provisions for the recreational area and for continual
maintenance of that area not dedicated and accepted by the County shall be required.
[117]
2. Conveyance of Property
No conveyance of property within the CIC shall take place until the property is
platted in conformance with the provisions of this Section and applicable to the
County Subdivision Ordinance. All by-laws, Property Owner’s Association Articles
of Incorporation, and Protective Covenants shall be approved by the County Attorney
and filed with the recorded plat.
3. Use of Structures
All buildings shall be used for those purposes and the customary accessory uses of the
Zoning District in which the CIC is located.
4. Parking and Access
There is to be provided within the tract, or immediately adjacent thereto, parking
spaces in private garages or off-street parking areas in accordance with the
requirements of Section 726 of this Ordinance. Drives and common parking areas
shall be developed to a standard equal to that required for public use by Section 726,
and shall be protected by recorded deed covenants assuring their availability to all
residents of the project.
710.4 SITE DESIGN, CONVERSION OF EXISTING COMMON INTEREST
COMMUNITIES, RESORTS, MOBILE HOME PARKS, AND OTHER SIMILAR
PRE-ZONING ORDINANCE NON-CONFORMING DEVELOPMENTS PURSUANT
TO MINNESOTA STATUTES 515 A & B.
It is the intent of this Section to allow for flexibility in the conversion of existing common
interest communities, resorts, and other similar pre-zoning ordinance developments.
Conversion of such developments from privately owned structures on leased or rented land,
or the division of several commonly owned structures on a single parcel of land to
individually owned parcels containing separate structures shall be pursuant to all applicable
requirements of Minnesota Statutes, Chapter 515A and/or B, as amended.
Conversion of Mobile Home Parks shall be subject to all additional/requirements of
Minnesota Statutes Chapter 327C.095, Park Closings, as amended.
1. Development Density
A. The area of the parcel being subdivided and the location of existing structures
shall limit the density of the existing development. The developer shall make
every effort to minimize the degree of the existing lot and area requirements.
Lot lines shall be arranged to provide the largest possible setbacks between
structures which will become the main buildings on newly created parcels.
Outbuildings shall be moved / removed when and where possible to create the
lowest, most uniform density possible.
[118]
B. Particular attention shall be paid to the intensity of development in
relationship to the required space to provide for adequate wastewater
treatment, potable drinking water, and compliance with applicable health,
safety, and fire regulations.
2. To the extent possible, the common open space, any other common properties,
individuals’ properties, and all other elements of the CIC shall also be so planned that
they will achieve a unified scheme of integrated planning and a harmonious selection
and efficient distribution of uses.
3. Bulk and Density Controls
A. Minimum size of development
i. Ten (10) acres.
B. Maximum height of main building
i. Fourteen (14) feet above grade.
C. Setback from any dedicated public right-of-way
State Highway
County Road
Township Road
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
D. Minimum distance between main building and any adjoining side yard
property line
i. Ten (10) feet.
E. Minimum distance between any accessory building and any adjoining
property line
i. Five (5) feet.
F. Minimum distance between main building and adjoining rear yard property
line
i. Twenty-five (25) feet.
710.5 GENERAL STANDARDS
1. The conversion of eligible types of developments shall be subject to a conditional use
permit granted by the Planning Commission and the County Board subsequent to
public hearings required by Minnesota Statutes, Chapter 394. The Community shall
be known as a Common Interest Community.
[119]
2. Common Interest Communities shall meet minimum guidelines established by
Minnesota Society of Professional Surveyors and Minnesota Association of County
Surveyors. Said plat manual and subsequent amendments shall be adopted by
reference and shall become part of this Ordinance. CIC Plats, declarations,
covenants, and other materials associations with the development shall be recorded in
the County Recorder’s Office after approval by the County Board.
3. The CIC process may not be utilized to create new vacant lots for building purposes.
Only parcels upon which a structure has been erected may be created for transfer to
private ownership.
4. Conditions attached to the conditional use permit shall be carefully considered and
shall be designed to protect the public health, safety, and welfare. Conditions may
limit use of property to existing use, limit future expansion or intensification of use,
density, lot coverage, and building bulk. Conditions may require repair or removal of
buildings and may establish a timetable for same. Conditions may require restrictions
on landscaping and/or removal of vegetation and establishment of vegetative
screening where needed. Conditions may include restrictions on colors of structures,
and/or may require repainting of existing structures to neutral colors which blend into
the surrounding natural environment.
5. The Planning Commission shall consider the development as a whole relating to the
provision of water and sewer in cases where lots are too small to provide for
individual wells and onsite sewage treatment systems, and shall require connection to
municipal services where they are available. In areas where municipal services are
not available design plans shall be presented and approved for a community
wastewater treatment system as an integral element of the CIC approval. A time limit
to implement the approved wastewater treatment plan and/or eliminate all identified
failing septic systems shall be established by the conditional use permit.
6. When variances from the bulk and density controls set forth in Section 710.7 are
required, such variances shall be obtained from the Board before the CIC is presented
to the Planning Commission and the County Board for approval. A list of necessary
variances shall be provided by the surveyor or engineer preparing the CIC plat.
7. No Common Interest Community shall be accepted for recording by the County
Recorder’s Office until approved by the County Board.
[120]
710.6 SITE DESIGN, NEW DEVELOPMENTS
1. Development Density
The number of principal use structures which may be constructed within the CIC
shall be determined by dividing the net acreage of the project area by the required lot
area per unit which is required in the district in which the CIC is located. The net
acreage shall be defined as the project area less the land area dedicated for public
streets. The project includes all the land within the CIC which is allocated for
residential, commercial or industrial uses, and for common open space as required by
this Subdivision. Land to be dedicated for public streets is to be excluded from the
project area.
2. Integrated Plan
The common open space, any other common properties, individual properties, and all
other elements of the CIC shall be so planned that they will achieve a unified scheme
of integrated planning and a harmonious selection and efficient distribution of uses.
The CIC shall be of such size, composition, and arrangement that its construction,
marketing and operation are feasible as a complete unit, without dependence on any
subsequent development.
710.7 BULK AND DENSITY CONTROLS
Height, yard, and setbacks for residential, commercial, and industrial CIC’s shall be
regulated by the following schedule:
1. Minimum size of development
A. Ten (10) acres.
2. Maximum height of main building
A. Fourteen (14) feet above grade.
3. Setback from any dedicated public right-of-way
State Highway
County Road
Township Road
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
4. Minimum distance between main building and any adjoining side yard property line
A. Ten (10) feet.
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5. Minimum distance between any accessory building and any adjoining property line
A. Five (5) feet.
6. Minimum distance between main building and adjoining rear yard property line
A. Twenty-five (25) feet.
710.8 STANDARDS FOR COMMON OR PUBLIC OPEN SPACE
1. The location, shape, size and character of the common open space shall be suitable.
2. Common open space shall be for amenity or recreational purposes. The uses
authorized for the common open space shall be appropriate to the scale and character
of the CIC, considering its size, density, expected population, topography, and the
number and type of structures to be provided.
3. Common open space shall be suitably improved for its intended use, but common
open space containing natural features worthy of preservation may be left
unimproved. The buildings, structures and improvements which are permitted in the
common open space shall be appropriate to the uses which are authorized for the
common open space and shall conserve and enhance the amenities of the common
open space, having regard to its topography and unimproved condition.
4. The development plan shall coordinate the improvements of the common open space
and the construction of buildings, structures, and improvements in the common open
space, with the construction of the permitted structures of the Zoning District in
which the CIC is located.
5. If the land development plan provides for buildings, structures, or improvements in
the common open space, the developer shall provide a bond or other adequate
assurance that the buildings, structures, and improvements will be completed, as
provided in Section 505. The County Board shall release the bond or other assurance
when the buildings, structures, or improvements have been completed according to
the development plan.
6. The construction and provision of all the common open spaces and public and
recreational facilities which are shown on the final development plan shall proceed at
the same rate as the construction of the principal structures of the CIC.
[122]
710.9 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE
1. Conveyance Options
All land shown in the final development plan as common open space shall be
conveyed under one of the following options:
A. It may be conveyed to a public agency to maintain the common open space
and any buildings, structures, or improvements which have been placed on it.
B. It may be conveyed to trustees provided in an indenture establishing an
association of similar organization for the maintenance of the CIC. The
common open space shall be conveyed to the trustees, subject to covenants to
be approved by the Planning Commission and the County Attorney which
restrict the common open space to the uses specified on the final development
plan, and which provide for the maintenance of the common open space in a
manner which assures its continuing use for its intended purpose. Interest in
the common open space shall be undivided and such interest shall not be
transferable.
2. Use of Common Open Space
No common open space may be put to any use not specified in the final development
unless the plan has been amended to permit that use. No change of use may be
considered as a waiver of any of the covenants limiting the usage of common open
space areas, and all rights to enforce these covenants against any permitted use are
expressly reserved.
3. Enforcement of Common Open Space
If the common open space is not conveyed to a public agency, either one of the
following methods of enforcement shall be provided:
A. The legal right to develop the common open space for any use not specified in
the final development plan shall be conveyed to a public agency.
B. The restrictions governing the use, improvements, and maintenance of the
common open space shall be stated as conditions to the conveyance of the
common open space, the fee title to the common open space to vest in a public
agency in the event of a substantial default in the stated conditions.
If the common open space is not conveyed to a public agency, the enforcement of
covenants governing the use, improvement, and maintenance of the common open
space is not the responsibility of the owner or the public agency.
[123]
710.10 REQUIRED COVENANTS, EASEMENTS, AND PROVISIONS IN THE PLAN
1. The development plan shall contain such proposed covenants, easements, and other
provisions relating to the bulk, location, and density of permitted structures, accessory
uses thereto, and public facilities as may be necessary for the welfare of the CIC and
not inconsistent with the best interest of the entire County.
2. The applicant may be required to dedicate land for street or park purposes and by
appropriate covenants, to restrict areas perpetually (or for the duration of the
Common Interest Community) as open space for common use. The development
when authorized under Section 5 shall be subject to all conditions so imposed, and
shall be exempted from other provisions of this Ordinance only to the extent specified
in the authorization.
3. Guarantee the Provisions of Common Open Space. As provided in Section 5, the
County Board may require adequate assurance, in a form and manner which it
approves, that the common open space shown in the final development plan will be
provided. The following methods of assurance are intended as illustrative, and they
may be used singly or in combination:
A. The County Board may accept a bond, corporate surety, or other guarantee, in
a form which complies with the provisions of the Subdivision Ordinance, and
in an amount sufficient to purchase the common open space shown in the final
development plan or alternative acreage which is equivalent in size and
character.
710.11 FINAL APPROVAL
When the County Board gives final approval, a Certificate of Occupancy shall be issued for
the Common Interest Community even though the size of lots, depth of yards, and the
required distance between grouped buildings and the building height may not conform in all
respects to the regulations of the district in which the project is to be located.
1. Final Action by Applicant
The applicant shall then review his application and plan in its final approved form and
sign a statement that the Common Interest Community Plan in its final form shall be
made binding on the applicant, any successors in interest and assigns.
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2. Control of Common Interest Community Development Following Acceptance
All changes in use or rearrangement of lots, blocks, and building tracts, any changes
in the provisions of common open spaces, and all other changes in the approved final
plan shall be made by the County Board, under the procedures authorized for the
amendment of this Ordinance. No amendments may be made in the approved final
plat unless they are shown to be required by changes in conditions that have occurred
since the final plan was approved or by changes in the development policy of the
County.
3. Amendments to the Final Development Plan.
All changes in use or rearrangement of lots, blocks, and building tracts, any changes
in the provision of common open spaces, and all other changes in the approved final
plan shall be approved by the Planning Commission. No amendments may be made
in the approved final plan unless they are shown to be required by changes in
conditions that have occurred since the final plan was approved or by changes in the
development policy of the County.
710.12 FAILURE TO BEGIN COMMON INTEREST COMMUNITY
If no construction has begun or no use established in the CIC within one (1) year from the
final approval of the final development plan, the final development plan shall lapse and be of
no further effect. In its discretion and for good cause, the County Board may extend for one
(1) additional year the period for the beginning of construction.
[125]
711 DRIVE-IN BUSINESS DEVELOPMENTS
The following standards shall apply to drive-in businesses in all districts.
711.1 DRAINAGE SYSTEM
The entire area of any drive-in business shall have a drainage system approved by the County
Engineer.
711.2 SURFACE
The entire area, other than that occupied by structures or plantings, shall be surfaced with a
hard surface material which will control dust and drainage.
711.3 FENCING AND SCREENING OF BUSINESS
A fence or screen of acceptable design not over six (6) feet in height or less than four (4) 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.
711.4 GENERAL
1. Any drive-in business serving food or beverages may also provide, in addition to
vehicular service areas, an indoor food and beverage service seating area.
2. The hours of operation shall be set forth as a condition of any building permit for a
drive-in business.
3. Each drive-in business serving food may receive approved outside seating.
4. Each food or beverage drive-in business shall place refuse receptacles at all exits as
well as one (1) refuse receptacle per ten (10) vehicle parking spaces within the
parking area.
711.5 LOCATION RESTRICTIONS
1. No drive-in business shall be located within four hundred (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 business shall be located on any street other than one designated as a
thoroughfare or business service road in the Comprehensive Plan or Transportation
Plan for the County.
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711.6 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 to 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 four hundred
(400) feet of any residentially zoned or used property and not within two hundred
(200) feet of any adjacent lot regardless of use or zoning district.
6. No services 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 fifty (50) feet of intersecting
street curb lines.
711.7 DRIVE-IN THEATER FENCING
In the case of a drive-in theater, a solid fence not less than eight (8) feet in height and
extending at least to within two (2) feet of the ground shall be constructed around the
property.
711.8 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.
[127]
712 DWELLINGS (INCLUDING TEMPORARY DWELLINGS)
712.1 PROHIBITED DWELLINGS
No garage, tent, trailer, or accessory building shall at any time be used as a dwelling.
712.2 DWELLING STANDARDS
1. No more than one (1) dwelling shall be placed on any one (1) lot except in the cases
of temporary dwellings.
2. The lowest floor elevation of any dwelling shall be at least three (3) feet above the
ordinary high water mark of adjoining protected waters.
3. All dwellings shall be on foundations, piles, or other foundation systems extending
below the frost line, technologically proven to be sound as determined by the Zoning
Administrator or their designated representative.
4. The minimum dwelling width shall be twenty (20) feet except in the case of
temporary dwellings.
5. All dwellings shall conform to the sewage treatment regulations of this Ordinance and
no zoning permits will be issued for new dwellings prior to sewage treatment system
approval.
6. The lot for a new dwelling shall have access to an existing public road.
A. The applicant shall consult with the proper road authority before receiving a
single family dwelling zoning permit to verify access to a public road. The
road authority shall verify that if converted from a farm approach, the access
will not increase the risk of injury to the health, safety, and welfare of the
residents of the County.
7. Lots of record that are substandard in area shall conform to all other applicable
regulations herein to qualify for placement of a dwelling.
8. Manufactured homes shall bear a State seal as verification of construction and
inspection to American National Standards Institute A119.1 standards during original
construction (issued for manufactured homes built between July 1, 1972 and June 14,
1976) or, for manufactured homes built after that date, a Federal seal in accordance
with Federal Housing and Urban Development Code of Federal Regulations 3280
Construction Standards.
9. Dwellings to be constructed within Project River Bend, shall provide certification
from a licensed surveyor, verifying the lowest floor elevation is above the five
hundred (500) year flood elevation.
[128]
10. A replacement dwelling may be constructed on a lot containing an existing dwelling,
provided that:
A. Only one dwelling shall be inhabited at any time.
B. The dwelling being replaced is removed and properly disposed of within one
(1) year of the completion of the replacement dwelling.
712.3 TEMPORARY DWELLING STANDARDS
1. Temporary dwelling applicants shall demonstrate a need for housing of elderly, farm
and business helpers, or occupants of principal dwelling during construction or repair
of principal dwelling.
2. The use shall be secondary to the primary dwelling use and a time frame shall be
estimated and added as a condition for the conditional use.
3. All dwelling standards and dimensional standards apply, except:
A. The treatment system of the main dwelling can be utilized if it is up to present
standards and has enough capacity, otherwise it shall be brought into
conformity and/or enlarged.
B. They cannot be placed on a separate lot with no other dwelling intended.
C. There are no minimum width requirements.
D. There are no foundation requirements, but the dwelling shall be secure to the
ground.
E. In cases of use for the elderly, they may be attached to the main dwelling
F. Detached temporary dwellings are only allowed where the lot size for the
primary dwelling is forty (40) or more acres except when being used only
during construction or repair of primary dwelling
4. Temporary dwellings for seasonal or temporary migrant agricultural workers shall
meet MDH Migrant Labor Camp standards.
712.4 TEMPORARY CONSTRUCTION BUILDINGS
A temporary construction building will be permitted if the following conditions are satisfied:
1. The building will be utilized as a field headquarters for directing the ongoing
construction of a project.
2. The building shall have adequate sanitary facilities on the site.
[129]
3. The building and parking spaces shall adhere to all setbacks for the zoning district
and shall only utilize the permitted access driveway.
4. The building shall not be used as a dwelling unit.
5. The building shall not be placed on the construction site until a zoning permit has
been issued.
6. Such a permit shall expire when construction is completed or within one hundred and
eighty (180) days from the date of issuance, whichever is less. Renewal of such a
permit may be approved by the Zoning Administrator.
7. The building shall be removed within thirty (30) days of the permit termination.
[130]
713 EXTERIOR STORAGE
In all districts, all materials and equipment shall be stored within a building or fully screened
so as not to be visible from a public road or adjoining properties, except for the following:
1. Laundry drying.
2. Recreational equipment.
3. Construction and landscaping materials and equipment currently being used on the
premises.
4. Agricultural equipment and materials if these are used or intended for use on the
premises.
5. Off-street parking of passenger automobiles and pickup trucks.
Boats and unoccupied trailers, less than twenty (20) feet in length, are permissible if stored in
the rear yard more than ten (10) feet from the property line. Existing uses shall comply with
this provision within twelve (12) months following enactment of this Ordinance.
[131]
714 FARM WINERIES
714.1 PURPOSE
The intent of this Section is to promote and diversify the local agricultural economy and
culture by allowing for the orderly development of farm wineries, including tasting rooms
and the retail sale of local winery products.
714.2 GENERAL STANDARDS
1. The minimum lot size for each farm winery shall be ten (10) acres.
2. The farm winery must be accessory to the principal dwelling on the property.
3. The farm winery property shall contain a vineyard consisting of a minimum of two
and one-half (2½) acres dedicated to the growing of fruit to be used in the making of
wine at the farm winery.
4. All structures, including the tasting room and any outdoor use areas, associated with
the farm winery shall be a minimum of 100 feet from all property lines.
5. The total wine tasting area shall not exceed twenty (20) percent of the total gross
floor area of the principal building used for processing of wine products at the farm
winery, or nine hundred (900) square feet, whichever is less.
6. Retail sales incidental to the farm winery may include products such as corkscrews,
wine totes, wine buckets, wine glasses, decanters, small wine racks, small uncorking
and preservation machines, small wine barrels, literature, items which promote the
region or the wine industry, other regional value-added products or art, prepackaged
foods and cheese. All sales must be clearly incidental to the primary farm winery
use.
7. Prepackaged food and catering shall be allowed subject to the requirements of
Brown-Nicollet Environmental Health and/or the Minnesota Department of
Agriculture. Deep fat fryers shall be prohibited.
8. Hours of operation shall be limited to 9 A.M. to 9 P.M. daily.
9. All signage shall comply with Section 735 of this Ordinance.
10. Adequate parking for employees and customers shall be provided onsite and shall
comply with Section 726 of this Ordinance.
11. An individual sewage treatment system shall be provided for the farm winery separate
of any residential use associated with the property.
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12. All solid waste must be stored in a manner that prevents the propagation, harborage,
or attraction of flies, rodents, vector, or other nuisance conditions.
714.3 SPECIAL EVENTS
1. Notice shall be provided to the Zoning Administrator of each special event no less
than seven (7) business days prior to the special event.
2. Special events at the farm winery shall be limited to three (3) events per calendar
year.
3. Special events shall be one (1) to three (3) days in duration.
4. Special events shall be limited to a maximum capacity of three hundred (300) persons
at any one time, including the farm winery staff/employees.
5. Special events shall not extend beyond the normal hours of operation.
6. Outdoor live music may be approved as part of a special event during the hours of 12
P.M. to 8 P.M. on Fridays, Saturdays, and Sundays.
7. Portable toilets may be approved for temporary use during special events.
8. If special events are proposed, a parking plan shall be submitted detailing how special
event parking shall be handled. The plan must be submitted no less than thirty (30)
days prior to the special event and must be approved by the Zoning Administrator. If
onsite parking is proposed, one space shall be provided per four customers, based on
the proposed total maximum attendance, and one space per two employees.
714.4 SUPPORTING DOCUMENTATION
Every application for a farm winery shall include the submission of supporting
documentation, including, but not limited to, the following:
1. A site plan depicting the location and use of all structures and areas to be associated
with the farm winery, including, but not limited to, the wine tasting room, vineyard,
parking areas, and any areas to be used during special events. The site plan shall be
drawn at a scale of one (1) inch to one hundred (100) feet, unless otherwise approved
by the Zoning Administrator.
2. A waste disposal plan must be submitted at the time of application.
3. Copies of all applicable federal and state application documents and operating
permits.
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4. The applicant shall provide in writing the maximum occupancy for the farm winery
based on State Building Code and Fire Code standards (verification may be required);
the capacity design, including inside and outside areas (excluding special events); and
the maximum number of employees staffing the largest shift.
5. Additional information may be required by the County.
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715 FEEDLOTS
715.1 FEEDLOT PERMITS
All feedlots with a capacity to hold ten (10) or more animal units require County zoning
permits and County feedlot permits and shall be constructed and operated in accordance with
the Minnesota Pollution Control Agency Water Quality Division Animal Feedlots Chapter
7020, which is herewith adopted by reference in its entirety and without change except as
may be amended by the State.
Feedlots established and/or operating in the County, and the handling of animal manure
either generated in the County or originating outside the County and transported into the
County for use as a domestic fertilizer shall conform with the standards contained herein and
in any other County ordinance or State of Minnesota Statutes or Rules that apply to animal
feedlot and/or manure management.
715.2 MINNESOTA ADMINISTRATIVE RULES, CHAPTER 7020, ANIMAL
FEEDLOTS, MINNESOTA POLLUTION CONTROL AGENCY.
See Appendix B.
715.3 FEEDLOTS OF THREE HUNDRED (300) OR MORE ANIMAL UNITS
Feedlots that are three hundred (300) animal units and over in size, or manure storage areas
receiving manure from feedlots that are three hundred (300) animal units and over in size,
require a conditional use permit from the County. Feedlots that require conditional use
permits shall, in addition to meeting other requirements herein, adhere to the following
requirements:
1. It shall be demonstrated that there will be no detrimental effects to parks, cities,
protected resources, or residential areas.
2. To ensure no detrimental effects, special conditions will be attached to the conditional
use permit related to specific concerns. These may include, but are not limited to,
location and time of manure disposal, extra setback needs, additional equipment,
hours of operation, and screening.
3. A map shall be submitted showing location of the feedlot and conditions of the area
within one half (½) mile. It shall depict all existing topography (including ten (10)
foot contours), all existing land uses as described herein and existing property lines.
[135]
715.4 DIMENSIONAL STANDARDS
The following setback requirements are to be measured from the outermost boundaries of the
feedlot to the site of existing structures for which setbacks are established. In the case of
residential districts, public parks, and city limits, the measurement will be from the feedlot to
the closest property line or city limit boundary line.
1. New feedlots shall not be located within one half (½) mile of a public park
2. New feedlots shall not be located within one half (½) mile of ten (10) or more houses
or buildable lots in an R-1, Urban/Residential or RT, Rural Townsite zoning district.
3. New feedlots shall not be constructed within one half (½) mile of public schools
defined in Minnesota Statutes 120A.05 and private schools excluding home school
sites or churches as defined under and with reference to the provisions of Minnesota
Statutes Chapter 272.
4. New feedlots shall not be constructed within one eighth (1/8) mile of existing
dwellings that are not designated as accessory to the feedlot.
5. New feedlots shall not be located within one half (½) mile of the city limits of
Nicollet, Courtland, and Lafayette.
6. New feedlots shall not be located within one (1) mile of the city limits of St. Peter and
North Mankato.
7. New feedlots or new construction on existing feedlots shall meet a ninety-nine (99)
percent odor annoyance free rating at the closest city limits line and a ninety-three
(93) percent odor annoyance free rating for residential zoning districts, public parks,
churches, public schools, or dwellings that are not designated as accessory to the
feedlot, as determined by the OFFSET odor evaluation modeling as developed and
modified by the University of Minnesota Department of Biosystems and Agricultural
Engineering.
8. New dwellings that are not designated as accessory to the feedlot in agriculturally
zoned districts shall not be located within a one eighth (1/8) mile and/or ninety-three
(93) percent OFFSET Odor Modeling distance from any existing feedlot, whichever
is greater.
9. No permit for a dwelling not accessory to the feedlot shall be issued within a setback
distance where a notice of intent to construct a feedlot has been filed within the
previous two (2) years with the County Property Services Office, unless the notice is
withdrawn by the applicant.
10. A dwelling that is on a separate parcel from the feedlot that is to be considered as
accessory to the feedlot shall be designated as such on the conditional use permit and
this status shall be recorded against the designated property.
[136]
715.5 SIZE RESTRICTION
No feedlot shall exceed three thousand (3,000) animal units in size.
[137]
716 FLOODPLAIN
716.1 GENERAL STANDARDS
1. All uses
A. No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses
may be allowed that will cause any increase in the stage of the one hundred
(100) year or regional flood or cause an increase in flood damages in the reach
or reaches affected.
B. The use shall have a low potential for flood damage.
C. The use shall be permissible in the underlying zoning district if one exists.
2. Public Utilities
All public utilities and facilities such as gas, electrical, sewer, and water supply
systems to be located in the floodplain shall be floodproofed in accordance with the
“Floodproofing Regulations” or elevated to above the Regulatory Flood Protection
Elevation.
3. Public Transportation Facilities
Railroad tracks, roads, and bridges to be located within the floodplain shall comply
with Sections 5 and 610 of this Ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area. Minor or auxiliary
roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health or safety.
4. Structural Works for Flood Control
A. Structural works for flood control that will change the course, current, or cross
section of protected wetlands or public waters shall be subject to the
provisions of Minnesota Statute, Chapter 103G. Community wide structural
works for flood control intended to remove areas from the regulatory
floodplain shall not be allowed in the floodway.
B. A levee, berm, or floodwall constructed in the floodway shall not cause an
increase to the one hundred (100) year or regional flood and the technical
analysis shall assume equal conveyance or storage loss on both sides of a
stream.
[138]
5. Fill
A. Fill, dredge spoil, and all other similar materials deposited or stored in the
floodplain shall be protected from erosion by vegetative cover, mulching,
riprap, or other acceptable method.
B. Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long term site development plan is submitted which
includes an erosion/sedimentation prevention element to the plan.
C. As an alternative, and consistent with Subsection B immediately above,
dredge spoil disposal and sand and gravel operations may allow temporary, on
site storage of fill or other materials which would have caused an increase to
the stage of the one hundred (100) year or regional flood but only after the
Governing Body has received an appropriate plan which assures the removal
of the materials from the floodway based upon the flood warning time
available. The conditional use permit shall be title registered with the
property in the Office of the County Recorder.
6. Storage of Materials and Equipment
A. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant life
is prohibited.
B. Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the Governing Body.
7. On-Site Sewage Treatment and Water Supply Systems
Where public utilities are not provided:
A. On-site water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems.
B. New or replacement on-site sewage treatment systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters and they shall not be subject to
impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the State’s current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance
with this Section.
[139]
8. Accessory Structures
A. Accessory structures shall not be designed for human habitation.
B. Accessory structures, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of the flood
waters.
i. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow.
ii. So far as feasible, structures shall be placed approximately on the same
flood flow lines as those of adjoining structures.
C. Accessory structures shall be elevated on fill or structurally dry floodproofed
in accordance with the FP-1 or FP-2 floodproofing classifications in the
“Floodproofing Regulations”. As an alternative, an accessory structure may
be floodproofed to the FP-3 or FP-4 floodproofing classification in the State
Building Code provided the accessory structure constitutes a minimal
investment, does not exceed five hundred (500) square feet in size, and, for a
detached garage, the detached garage shall be used solely for parking of
vehicles and limited storage. All floodproofed accessory structures shall meet
the following additional standards, as appropriate:
i. The structure shall be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed to
equalize hydrostatic flood forces on exterior walls.
ii. Any mechanical and utility equipment in a structure shall be elevated
to or above the Regulatory Flood Protection Elevation or properly
floodproofed.
iii. The placement of fill shall be at the 100-year flood elevation plus
floodway stage increase, or higher, extending at least fifteen (15) feet
horizontally from all sides of the structure.
iv. The top (walking surface) of the lowest floor (including basement or
crawl space) is at or above the Regulatory Flood Protection Elevation.
v. The structure is designed to internally flood and is constructed with
flood resistant materials.
D. As built elevations for elevated or floodproofed structures shall be certified by
ground surveys and floodproofing techniques shall be designed and certified
by a registered professional engineer or architect as specified in the general
provisions of this Ordinance and specifically as stated in Section 610 of this
Ordinance.
[140]
717 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.
1. Direct or sky reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, shall not be directed into any adjoining
property.
2. The source of light shall be hooded or controlled in some manner so as not to light
adjacent property.
3. Bare incandescent light bulbs shall not be permitted in view of adjacent property or
public right-of-way.
4. Any light or combinations of lights which cast light on a public roadway or street
shall not exceed one (1) foot candle (meter reading) as measured from the centerline
of said street.
5. No light shall be directed in such a manner as to blind the driver of any vehicle.
6. Any light or combination of lights which cast light on residential property shall not
exceed four-tenths (0.4) foot candles (meter reading) as measured from said property.
[141]
718 HOME OCCUPATIONS
718.1 PURPOSE
The intent is to allow for the occupant of a dwelling, within the dwelling in which they
legally and physically reside, to engage in economic activities that do not disturb their
neighbors, or create safety or environmental concerns, at levels that are higher than as
otherwise permitted in the zoning district.
718.2 LEVEL 1 – HOME OCCUPATIONS
1. Maximum floor use area
A. For ten (10) acres and above lots – Two thousand (2,000) square feet.
B. For two (2) to ten (10) acre lots – One thousand (1,000) square feet.
C. Lots below two (2) acres – Five hundred (500) square feet.
2. No more than one (1) person, other than occupants of dwelling, shall be employed.
3. No extra traffic generated over an estimated three (3) vehicles trips per day.
4. No noise, vibration, glare, fumes, odors, or electrical interference detectable off
premises.
5. No outside appearance resulting from this Level I Home Occupations other than what
is allowed in the zone (storage, signs).
6. Level 1 Home Occupations do not have the automatic right to expand to Level 2.
718.3 LEVEL 2 – HOME OCCUPATIONS
1. Home Occupations of higher levels than those indicated in Level 1, but do not
exceed:
A. Maximum floor use area of five thousand (5,000) square feet.
B. Six (6) employees other than the occupants of the dwellings.
C. Extra traffic generation of twelve (12) vehicle trips per day.
D. Noise, vibration, glare, fume, odor, or electrical interference detectable off the
premises at greater than those associated with the allowed uses in the district.
2. Previous investments will not be used as a reason to override these standards or other
valid concerns of conditional uses contained in this Ordinance.
[142]
3. In considering conditional uses for Level 2 Home Occupations, the outside
appearance will be set and added as a condition.
4. Subsequent noncompliance with any conditions will be cause for discontinuance of
the conditional use permit.
718.4 PARKING STANDARDS
1. Any need for parking generated by the conduct of a home occupation shall be
adequately provided for in an off-street location, which will be identified by the
applicant.
2. Areas used for parking related to the conduct of a home occupation shall count
towards the maximum floor use area of the home occupation.
718.5 LEVEL 1 HOME OCCUPATIONS IN THE R-1 AND R-2 RESIDENTIAL
DISTRICTS
The following standards shall apply to home occupations when operated in the R-1 and R-2
Residential Districts:
1. No more than one (1) person other than the permanent occupants of the dwelling shall
be employed in conjunction with the home occupation.
2. The home occupation shall be incidental and subordinate to the use of the premises
for residential purposes.
3. No more than twenty-five (25) percent of the gross floor area of the dwelling unit
shall be used for the conduct of the home occupation.
4. There shall be no change in the outside appearance of the dwelling unit or the
premises, or other visible evidence of the conduct of such home occupation, except as
allowed in Section 735.7(2).
5. No noise, vibration, glare, fume, odor, or electrical interference detectable beyond the
limits of the dwelling/house associated with that allowed uses in the district.
6. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street in other
than the front yard.
7. No home occupation shall cause an increase in the use of any one (1) or more utilities
(water, sewer, electricity, garbage) so that the combined total use for the dwelling and
home occupation purposes exceeds the average for the residences in the
neighborhood
[143]
718.6 LEVEL 2 HOME OCCUPATIONS IN THE R-1 AND R-2 RESIDENTIAL
DISTRICTS
1. The conduct of a home occupation may be carried on in an accessory building, with
all the standards of a Level 1 Home Occupation in the R-1 and R-2 Districts in effect.
718.7 LEVEL 2 HOME OCCUPATIONS IN THE AGRICULTURAL DISTRICT
1. The conduct of a home occupation may be carried on in an accessory building, with
all the standards of a Level 2 Home Occupation with the floor use area up to ten
thousand (10,000) square feet in the Agricultural Preservation District. A ten acre
minimum lot size shall be met prior to expansion to ten thousand (10,000) square feet
of floor use area. The ten (10) acres shall be contiguous.
[144]
719 HUNTING SHACKS
719.1 INTENT
The purpose of this Section is to provide specific standards and guidelines to be utilized in
addition to the general conditional use criteria when considering hunting shack applications.
719.2 DENSITY STANDARDS
1. One (1) shack or dwelling per lot of record if the general standards in this Section can
be met.
2. One (1) shack per new lot if the new lot is ten (10) acres or more and the general
standards in this Section can be met.
3. One shack per eighty thousand (80,000) square feet, with a minimum of sixty
thousand (60,000) square feet to be left in the natural state, if the general standards
and the leasing standards can be met.
4. Existing shacks will be counted in density calculations.
719.3 GENERAL STANDARDS
1. Septic systems are not allowed (except within a group leasing situation). Pit toilets
shall be built according to Minnesota Pollution Control Agency and the Minnesota
Department of Health standards, through the County sewage permit process.
2. Wells and running water systems are not allowed. This prohibition applies to any
water supply, including tanks of water brought in and either pumped or gravity
flowed and discharged from the shack via a pipe or hose. Water in hand carried
containers may be utilized but may not be employed so as to cause a discharge of
sewage from a pipe or hose.
3. Floor area shall not be over seven hundred and twenty-eight (728) square feet. Any
deck or porch area shall be included as part of the square foot calculations and shall
be considered as part of the structure.
4. The maximum height permitted is one (1) story. That is no more than fourteen (14)
feet above grade and includes any pilings or blocks the shack may be placed on. No
basement area is permitted.
5. The two hundred (200) foot setback from the ordinary high water mark shall be
adhered to on all structures except docks.
6. A shack located within the Shoreland District shall have at least two hundred (200)
feet of shoreline.
[145]
7. Each lot shall be adjacent to a public road or a recorded easement to allow access.
8. The shacks shall be removed if found in a dilapidated and/or abandoned conditions.
9. A land survey by a registered land surveyor may be required.
10. Consideration shall be given to granting a variance to rebuild, if a hunting shack
existing on the date of the adoption of this standard, August 22, 1989, which is not
conforming to the density and general standards, is destroyed by a natural disaster,
such as a fire, through no fault of the owner of the hunting shack.
11. A hunting shack may have a maximum of one (1) accessory structure in addition to
the outhouse the total footage of which may not exceed fifty (50) percent of the total
square footage of the hunting shack or three hundred and sixty-four (364) square feet,
whichever is less. The maximum height of a hunting shack accessory building may
not exceed ten (10) feet.
719.4 LEASING STANDARD
1. There shall be two hundred (200) feet of shoreline for each shack unless a cluster
lease plan is approved, where the total shoreland shall be two hundred (200) feet
times the number of shacks.
2. Lots of less than ten (10) acres created after the date of this Amendment, August 22,
1989, will not qualify for building permits. If the newly created lot is ten (10) acres
or more, the owner of the lot may lease hunting shacks in accordance with leasing
standards put forth in this Section.
3. Clustering will be allowed and density bonuses may be granted if common docks and
launch areas are utilized or if other wildlife benefiting measures are incorporated into
the operating plan. All Department of Natural Resources standards will be adhered
to.
4. The leased shack areas shall be accessible for inspection and safety purposes.
719.5 APPLICATION GUIDELINES
1. The conditional use permit application shall be accompanied by maps showing
topography, ordinary high water line, existing structures, land ownership, elevations,
roads, vegetation, and proposed shack sites and natural land.
2. Applications for leasing shall also show an operating plan, including sewage systems,
roads, lake access, and other applicable features.
3. The County may request additional information from the applicant if conditions
warrant.
[146]
4. The County may impose additional conditions on the conditional use permit.
5. The County may require bonding to protect against future public costs.
719.6 PERMIT LENGTH
The permit may be revoked at any time the standards or conditions are not being followed
but otherwise would go with the land.
719.7 GENERAL REGULATIONS
Additional requirements and other regulations set forth in the Shoreland Management
Ordinance.
[147]
720 KENNELS
720.1 INTENT
The purpose of this Section is to provide specific standards and guidelines to be utilized in
the establishment of dog/cat kennels in addition to the general conditional use criteria when
considering kennel applications.
720.2 GENERAL STANDARDS
1. The use shall comply with all applicable federal, state, and county rules and
regulations.
2. Structures used for animal confinement require a minimum of one hundred (100) feet
setback from all property lines and five hundred (500) feet from any existing
dwelling.
3. All dog/cat kennels shall provide indoor facilities having adequate heating,
ventilation, and lighting.
4. If outdoor facilities are provided, there shall be shelter from the elements, sunlight,
rain, snow, and cold weather.
5. All outside fenced run areas shall be located at least one hundred (100) feet from any
property line and five hundred (500) feet from any existing dwelling.
6. All dog/cat kennels shall provide proper drainage for indoor and outdoor facilities and
be maintained in a healthful manner.
7. On-site facilities shall be designed to accommodate all waste generated from the
kennels including hosing and cleanup.
8. Signs shall meet the requirements of Section 735 of this Ordinance.
9. At all times dogs/cats are to be treated humanely.
10. All shelter and exercise areas shall be adequately sized according to dog/cat type and
breed.
11. Records need to be kept on-site, or at an identified veterinarian office, and produced
upon request.
12. Supervision and monitoring of the site must be continuously maintained, either by
having the owner or caretaker living on-site, or through electronic monitoring which,
at a minimum, means monitoring for power outages, fire, and temperature.
[148]
13. No person who is found to have been convicted of animal cruelty shall be issued a
conditional use permit to operate a kennel. Any person who is convicted of animal
cruelty, or whose conviction of animal cruelty is discovered, while operating a
permitted kennel in the County shall have their conditional use permit revoked.
720.3 INFORMATION REQUIRED
The following information shall be provided by the person requesting the permit:
1. Maximum number of dogs/cats that will be at the kennel and the number of
unsterilized females that will be housed permanently at the facility.
2. A site plan identifying the location and size of the lot and of all existing and proposed
physical or structural improvements, such as type of confinement, buildings, outdoor
runs and/or outdoor exercise areas, parking areas, food storage areas, watering
facilities, wells, septic systems, and other improvements.
3. A waste disposal plan, including how the owner will handle all on-site kennel waste
and wash water. All applicants shall provide proper drainage for indoor and outdoor
facilities. All applicants shall show existing and proposed surface drainage in relation
to adjacent land owners and features.
4. Name, address, and phone number of the kennel operator and property owner, if
different than the kennel operator.
5. Number of employees.
6. Proposed hours of operation, including days of the week.
7. Estimated time(s) of day and maximum amount of all vehicle traffic to and from the
site related to kennel operations.
8. Square feet of area and type of surface(s) to be used for parking/business traffic.
9. A nuisance mitigation plan that explains how kennel-related noise, including barking
or howling, will be minimized.
720.4 GUARD DOG TRAINING STANDARDS
1. Any training of guard dogs shall only be conducted within a secure enclosure
meaning:
A. A fenced-in area or structure of adequate height to prevent the dog from
jumping, climbing, or otherwise escaping over, under, or through the
enclosure.
B. Training is conducted in the presence of the owner(s) or trainer(s) at all times.
[149]
2. Any facility where guard dogs are trained shall post signs warning of dangerous dogs
on the premises at all site entry points and every one hundred (100) feet around the
perimeter of the subject property.
3. The Sheriff’s Department shall review and approve the request prior to administrative
approval by the Property Services Division.
[150]
721 LAND PRESERVATION
721.1 GENERAL STANDARDS
1. All development shall conform to the natural limitations presented by the topography
and soil as to create the best potential for preventing soil erosion.
2. Slopes over twelve (12) percent in grade shall not be developed.
3. Development on slopes with a grade between eight (8) percent and twelve (12)
percent shall be carefully reviewed to ensure adequate measures have been taken to
prevent erosion, sedimentation, and structural damage.
4. 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.
5. 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.
6. The drainage system shall be constructed and operational as quickly as possible
during the construction.
7. Whenever possible, natural vegetation shall be retained and protected.
8. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading
over the developed area. The soil shall be restored to a depth of four (4) inches and
shall be of a quality at least equal to the soil quality prior to development.
9. When soil is exposed, the exposure shall be for the shortest feasible period of time.
No exposure shall be planned to exceed sixty (60) days. Said time period may be
extended only if the Planning Commission is satisfied that adequate measures have
been established and will remain in place.
10. The natural drainage system shall be used as far as is feasible for 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 flow, erosion damage, and construction cost.
[151]
721.2 EXPOSED SLOPES
The following control measures shall be taken to control erosion during construction:
1. No exposed slope should be steeper in grade than three (3) feet horizontal to one (1)
foot vertical.
2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) 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 shall 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 dissipater 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
blanket, erosion mat, fast growing grasses, or temporary seeding 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 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.
721.3 PRESERVATION OF NATURAL DRAINAGEWAYS
1. Waterways
A. The use of storm sewers are not an acceptable alternative to the use of the
natural above ground drainage system to dispose of runoff. Storm sewers may
only be used where it can be demonstrated that the use of the above ground
natural drainage system will inadequately dispose of runoff. Above ground
runoff disposal waterways may be coordinated with an open space trail
system. The trail system shall be confined to the edges and not the bottom of
the waterway.
[152]
B. The widths of a constructed waterway shall be sufficiently large enough to
adequately channel runoff from a ten (10) year 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 permanent turf vegetation.
E. The banks of the waterway should not exceed five (5) feet horizontal to one
(1) 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 to the banks of the waterway.
G. The bed of the waterway should 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, which are limited to asphalt, cement and concrete. The
rip rap shall be no smaller than two (2) inches square or no larger than two (2)
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 sidewall
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 those points.
2. Waterway Velocity
A. The flow velocity of runoff in waterways shall be controlled to a velocity that
will not cause 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.
[153]
B. Temporary pervious sediment traps shall consist of a construction of bales of
hay with a low spillway embankment section of sand and gravel or
specifically designed fabric fences that permit a slow movement of water
while filtering sediment. Such structures would serve as temporary sediment
control features during the construction state of development. Development
of housing and other structures shall be restricted from the area on either side
of the waterway required to channel a twenty-five (25) year storm.
C. Permanent impervious sediment control structures consist of sediment basins
(debris basins, de-silting basins, or silt traps) and shall be utilized to remove
sediment from runoff prior to its disposal in any permanent body of water.
4. Maintenance of Erosion Control Systems
A. The erosion and velocity control structures shall be maintained in a condition
that will ensure continuous functioning according to the previsions of this
Ordinance.
B. Sediment basins shall be maintained as the need occurs to ensure continuous
de-silting 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
provisions for continued maintenance on the erosion and sediment control
system.
721.4 WETLAND PRESERVATION
1. General Provisions
A. To the extent reasonable, all wetlands, including marshlands and swamps,
shall be retained in their natural state to serve as a storm water runoff basin,
recharge area, and also as a wildlife habitat.
B. All applicable state and federal permits shall be obtained by the applicant
prior to applying for a County zoning permit.
[154]
2. Filling
A minimum amount of filling may be allowed when necessary, but in no case shall
the following restrictions on total amount of filling be exceeded. Since the total
amount of filling which can be permitted is limited, the County Board, when
considering permit applications, shall consider the equal apportionment of fill
opportunity to riparian landowners.
A. Total filling shall not cause the total natural flood storage capacity of the
wetland to fall below the projected volume of runoff from the whole
developed wetland watershed generated by a six (6) inch rainfall within
twenty-four (24) hours.
B. Total filling shall not cause the total nature nutrient stripping capacity of the
wetland to fall below the projected volume of runoff from the whole
developed wetland watershed generated by a six (6) inch rainfall within
twenty-four (24) hours.
C. Only fill free of chemical pollutants and organic wastes may be used.
D. Wetlands shall not be used for solid waste disposal.
E. No demolition landfills shall be allowed in wetlands.
3. Dredging
Dredging may be allowed only when a boat channel is required for access to a
navigable lake or for a marina or when it will not have a substantial or significantly
adverse effect upon the ecological and hydrologic characteristics of the wetland.
Dredging when allowed shall be limited as follows:
A. It shall be located so as to maximize the activity in the areas of lowest
vegetation density.
B. It shall not significantly change the water flow characteristics.
C. The size of the dredged area shall be limited to the absolute minimum.
D. Disposal of the dredged material shall not result in a significant change in the
current flow, or in substantial destruction of vegetation, fish spawning areas,
or water pollution.
E. Work in the wetland will not be performed during the breeding season of
water fowl or fish spawning season.
F. Only one (1) boat channel or marina shall be allowed per large scale
development.
[155]
G. In other residential developments, dredging shall be located so as to provide
for the use of boat channels and marinas by two (2) or more adjacent property
owners.
H. The width of the boat channel to be dredged shall be no more than the
minimum required for the safe operation of boats at minimum operating
speed.
4. Discharges
A. No part of any sewage disposal system requiring on land or in ground disposal
of waste shall be located closer than one hundred and fifty (150) feet from the
ordinary high water mark unless it is proven by the applicant that no effluent
will immediately or gradually reach the wetland because of existing physical
characteristics of the site or the system.
B. Organic waste which would normally be disposed of at a solid waste disposal
site or which would normally be discharged into a sewage disposal system or
sewer shall not be directly or indirectly discharged into the wetland.
C. Storm water runoff from construction sites may be directed to the wetland
only when substantially free of silt, debris, and chemical pollutants and only at
rates which will not disturb vegetation or increase turbidity.
5. Development Constraints
Development which will result in unusual road maintenance costs or utility line
breakages due to soil limitations, including high frost action, shall not be permitted.
6. Vegetation
No wetland vegetation may be removed or altered except for what is reasonably
required for the placement of structures and use of property.
7. Setback
All buildings shall be required to have a minimum setback of seventy-five (75) feet
from the ordinary high water mark of the wetland or as provided herein from
protected waters.
[156]
722 LAND RECLAMATION / DEMOLITION LANDFILL
The permit shall include as a condition thereof, a finished grade plan which will not
adversely affect the adjacent land. The permit shall state the type of fill allowed.
Application for a permit shall include a plan for fire control and general maintenance of the
site, a plan for controls of vehicle ingress and egress, and shall include provisions that will be
taken to minimize erosion and excessive dust conditions.
[157]
723 MANUFACTURED HOME PARKS
723.1 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 County. Excellence of design, development,
and maintenance is the desired objective.
723.2 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 ten (10) copies of
plans which indicate the following:
1. Location and size of the manufactured home park.
2. Location, size, and character of all manufactured home lots, manufactured 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.
7. The method of disposing of garbage and refuse.
8. Location and size of all streets abutting the manufactured 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 manufactured home
park.
11. Detailed description of maintenance procedures and grounds supervision.
12. Plans for a tornado shelter.
13. Such other information as maybe required or requested.
[158]
723.3 PERFORMANCE STANDARDS FOR MANUFACTURED HOME PARKS
1. All manufactured homes shall be properly connected to a central water supply and a
central 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 manufactured home park or at the boundary of
the park, a connection to said public water supply shall be provided for each
manufactured home.
2. Each manufactured home park shall maintain an off-street overload parking lot for
guests of occupants in the amount of one (1) space for every three (3) manufactured
home sites. Overload parking lots shall be located within three hundred (300) feet of
the units to be served.
3. 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. Plans for the disposal of surface storm water shall be approved by the
County Engineer.
4. A properly landscaped area shall be adequately maintained around each manufactured
home park. All manufactured home parks adjacent to industrial, commercial or
residential land uses shall be provided with screening, such as fences or natural
growth, along the property boundary lines separating the park from such adjacent
uses.
5. Every structure in the manufactured home park shall be developed and maintained in
a safe, approved, and substantial manner. The exterior of every structure shall be
kept in good repair. All of said structures shall be constructed to meet existing
County codes. Portable fire extinguisher 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.
6. The area beneath all manufactured homes shall be enclosed with a material that shall
be generally uniform through the entire manufactured home park, except that such an
enclosure shall 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 manufactured home equipment.
7. All manufactured home parks shall have an area or areas set aside for storage. Boats,
boat trailers, hauling trailers, and all other equipment not generally stored within the
manufactured 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 manufactured home lot which is
occupied by a manufactured home nor upon the streets within the manufactured home
park.
[159]
8. Signs shall be limited to one (1) nameplate or identification not to exceed twenty-five
(25) square feet, with lightning, height and location as approved by the Zoning
Administrator and have a fifteen (15) foot setback from the front lot line.
9. Each manufactured home park shall have one (1) or more central community
buildings with central heating which shall 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 lavatories. For each one hundred (100)
manufactured home lots or fractional part thereof, there shall be one (1) flush toilet
and one (1) lavatory for each sex.
10. All structures being placed in the park shall require a permit.
723.4 MANUFACTURED HOME PARK LOTS
1. Each manufactured home site shall contain at least five thousand (5,000) square feet
of land area for the exclusive use of the occupant and shall be at least fifty (50) feet
wide.
2. Manufactured homes shall be placed upon manufactured home lots so that there shall
be at least twenty (20) feet clearance between manufactured homes and twenty (20)
feet between the front of the manufactured home and the front lot line and twenty-five
(25) feet between the rear of the manufactured home and the rear lot lines.
3. The area occupied by a manufactured home shall not exceed fifty (50) percent of the
total area of a manufactured home site; land may be occupied by a manufactured
home, a vehicle, a building, a cabana, a carport, an awning, storage closet or
cupboard, or any structure.
4. The yards shall be landscaped except for necessary driveway and sidewalk needs
which shall not exceed one half (½) the width of the site.
5. Each manufactured home lot shall have off street parking space for at least two (2)
automobiles. Each space shall be a minimum of ten (10) feet by twenty (20) feet.
6. The corners of each manufactured home lot shall be clearly marked and each site
shall be numbered.
723.5 MANUFACTURED HOME STANDS
1. The area of the manufactured home stand shall be improved to provide adequate
support for the placement and tie down of the manufactured home, thereby securing
the superstructure against uplift, sliding, rotation, and overturning.
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2. The manufactured home stands shall not heave, shift, or settle unevenly under the
weight of the manufactured home, due to the frost action, inadequate drainage,
vibration, or other forces acting upon the structure.
3. The manufactured 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 manufactured home.
4. Anchors and tie downs shall be placed at least at each corner of the manufactured
home stand and each anchor shall be able to sustain a minimum tensile strength of
two thousand eight hundred (2,800) pounds or as approved by the current Minnesota
State Uniform Manufactured Home Standards Code, whichever is more restrictive.
[161]
724 MINERAL EXTRACTION
724.1 PURPOSE
The purpose of this Section is to protect the public health, safety, and general welfare, to
protect natural landscapes from excessive extraction activity, to protect extraction operations
against problems caused by the intrusion of incompatible land uses, to provide for the orderly
development of natural resources, and to provide for the environmentally sound reclamation
of land disturbed by extraction activities through an impartial series of standards and
regulations governing the extraction of metals, minerals, or other materials from the earth.
724.2 PERMITTING
1. Permit Required
A. No person, firm, corporation, or other entity shall engage in mineral extraction
within the County, located outside the boundaries of any city or incorporated
town, without first obtaining from the County a conditional use permit for
mineral extraction. No extraction operations shall begin until all required,
county, state, and federal permits have been obtained by the
applicant/landowner.
B. Exemptions
No conditional use permit for mineral extraction shall be required for:
i.
Land excavation as permitted through, and consistent with the
requirements of, a temporary extraction permit for less than ninety
(90) days.
ii.
Land excavation for the construction or remodeling of a building or
structure if a zoning permit has been issued.
iii.
Land excavation in a right-of-way, temporary easement, or utility
corridor by state, county, city, or township authorities in connection
with construction of maintenance of public improvements.
iv.
Land excavation for public utility purposes.
v.
Land excavation for agricultural purposes, if the excavated material is
not removed off-site.
2. Term of Permit
The term of a conditional use permit for mineral extraction shall be for a period of
three (3) years from and after the date of approval.
[162]
3. Permit Renewal
Conditional use permits for mineral extraction shall be renewable for a period of three
(3) years. Application for renewal shall be made to the County prior to the renewal
deadline of the existing permit. A public hearing shall be conducted for permit
renewal approval.
4. Security Required
A. The County Board shall require a bond from the applicant in such a form as
the County Board shall prescribe, and payable to the County. The bond shall
be filed with the County Auditor-Treasurer and a copy shall be provided to the
Zoning Administrator.
B. The amount of the bond shall be no less than five thousand (5,000) dollars per
actively mined, and not yet reclaimed, acre. An alternative amount may be
determined and set by resolution of the County Board. The alternative
amount may include reimbursement costs associated with, but not limited to,
any of the following:
i.
Costs of bringing the operation into compliance with the mineral
extraction permit requirements, including site monitoring and
enforcement costs.
ii.
Extraordinary costs of repairing roads due to special burden resulting
from the hauling of materials and traffic associated with the extraction
operation.
iii.
Extraordinary costs of providing an alternative water supply to
potentially affected residences or agricultural operations located within
one half (½) mile of the extraction site or other areas shown to be
impacted by the extraction operation.
iv.
Site reclamation and restoration.
v.
Costs the County may incur in enforcing the terms of the conditional
use permit, including consultant and attorney fees.
C. At a minimum, the bond shall guarantee that either upon cessation of the
operation, or termination of the permit, the ground surface of the land used
shall be restored in conformity with the approved reclamation plan
D. The bond shall be valid for a period of not less than one (1) year beyond the
expiration of the permit and shall include a provision for notification of the
County at least thirty (30) days prior to cancellation or non-renewal. Failure
to renew the bond in conjunction with any permit renewal will result in the
revocation of the renewed permit.
[163]
E. When the term of a bond expires before the cessation of mineral extraction
operations, which shall generally occur when permit renewal is sought, the
permit holder shall submit a bond continuance certificate thirty (30) days prior
to the bond’s expiration or contemporaneously with a permit renewal
application stating that the bond shall remain in effect for a minimum of one
(1) year.
F. In the event the County determines the amount of the bond must be increased,
or if the amount provided has been exhausted, the County shall notify the
owner/operator of the additional amount needed and the basis of that request.
The owner/operator shall provide the additional amount within thirty (30)
days of the request.
G. When and if the portions of the bonded property are completely rehabilitated
in accordance with the reclamation plan, and such restoration is certified by
the Zoning Administrator, the bond protecting the restored acreage shall be
returned.
5. Permit Application Requirements
All persons, firms, or corporations seeking to engage in mineral extraction activities
within the County must submit the following:
A. Permit Application
i.
The petitioner applying for a conditional use permit shall complete an
official conditional use application with the Zoning Administrator or
their designated representative. All application materials shall take
into account the performance standards listed in this Ordinance.
ii.
The required application information shall include, but not be limited
to, the following:
1) The name, address, phone number, email address, and website
of the operator of the mineral extraction operation.
2) The names, address, phone number, and email address of all
owners or lessors of the mineral extraction site.
3) The total acreage and complete legal description of the mineral
extraction site, including all contiguous property owned by the
landowner(s).
4) The total acreage of the mineral extraction facility.
5) A statement that the applicant has the right to ownership or
lease to mine and to reclaim the mineral extraction site.
[164]
6) A narrative outlining the type of material to be extracted, mode
of operation (including any extraction, processing, transport, or
storage activities), estimated quantity and quality of material to
be extracted, plans for blasting, and other pertinent information
to explain the request in detail.
7) Estimated time frame to operate the facility, including the
hours per day, days per week, months per year, and the number
of years in operation. This estimate shall include a start date
and anticipated completion date.
8) Any other information or documentation required for issuance
of a conditional use permit per this Ordinance.
B. Site Plans
Site plan maps shall depict the entire mineral extraction site and include all
areas within five hundred (500) feet of the site. All maps shall be drawn at a
scale of one (1) inch to one hundred (100) feet unless otherwise stated below:
i.
Existing Conditions
The existing conditions map shall include:
1) Property boundaries surveyed by a Minnesota Licensed Land
Surveyor.
2) A survey which provides contour lines at ten (10) foot
intervals.
3) Existing vegetation including plant community, evaluation of
the condition of the plant community, and dominant species.
4) Existing buildings and structures. Residences shall be clearly
identified as such.
5) Existing pipelines, power lines, and other utilities.
6) Easements affecting the site.
7) Public roads, road right-of-ways, and trails.
8) Existing access points to public roads.
9) Existing bluffs and areas with a slope greater than twelve (12)
percent.
[165]
10) Test borings and monitoring wells used to characterize the site.
11) Threatened and Endangered Species on the site and within one
quarter (¼) mile of the site.
12) Distribution, thickness, and type of existing topsoil and subsoil.
13) Location of existing historical, cultural, and archaeological
features identified in the State Historic Preservation Office and
County databases and those not identified but discovered
onsite.
14) Locations of areas previously affected by mineral extraction on
the site, including the location of stockpiles, wash ponds, and
sediment basins.
15) Geologic units and contacts.
16) Depth to bedrock (if applicable).
17) Confining units (clays, shale, and siltstone).
18) Fracturing patterns and traces (for rock quarries).
19) Location of any known caves, joints, fractures, sinkholes, and
stream sinks.
20) Permanent water areas and drainage patterns.
21) Water table elevations with ground water flow direction.
22) Wells within a one (1) mile radius of the property lines
showing the location, depth, static water level, age, and
construction.
23) Location and elevation of any known springs.
24) General location of septic systems.
25) Location of designated trout streams.
ii.
Proposed Operations
The proposed operations plan shall include:
1) Property boundaries surveyed by a Minnesota Licensed Land
Surveyor.
[166]
2) The location and acreage of all phases of the mineral extraction
operation.
3) Buildings and structures to be erected.
4) Location of areas where minerals are to be extracted, indicating
the proposed depth of extraction.
5) Location of tailing (strippings or overburden) deposits showing
maximum height of deposits.
6) Location of processing areas and machinery to be used in the
extraction operation.
7) Location of equipment storage areas.
8) Location of storage of extracted materials, showing height of
storage deposits.
9) Location of vehicle parking.
10) Location of storage of explosives.
11) Location of fuel storage.
12) Location of any site signage.
13) Location of any screening, landscaping, or fencing.
14) Erosion and sediment control structures.
15) Soil storage areas.
16) Water retention ponds.
17) Revisions to existing drainage patterns.
18) Proposed internal road system, including typical cross sections.
19) Access points to adjacent public roads.
20) Proposed haul routes of vehicles removing material from the
extraction area, including current spring weight restrictions on
the proposed routes.
[167]
iii.
Reclamation
The reclamation plan must take into account the performance
standards listed in this Ordinance, and shall include:
1) Property boundaries surveyed by a Minnesota Licensed Land
Surveyor.
2) The location of all phases of reclamation.
3) Final proposed grade of the site showing elevations and
contour lines at ten (10) foot intervals.
4) Proposed land use after the cessation of the extraction
operation.
5) Location, species, rate, and density of vegetation to be seeded
and planted.
6) Location and nature of any structure to be erected in relation to
the end use plan.
7) Proposed improvements, such as roads, paths, ponds, etc.
8) Rates, kinds, and location of soil amendments.
9) Mulching, erosion control fabric, and other soil stabilization
methods.
10) Include the grading, topsoil protection and replacement,
seeding, re-vegetation, mulching, erosion control, and
sedimentation control specifications for each phase and final
restoration.
C. Supporting Documentation
i.
Every application for a mineral extraction permit shall include the
submission of supporting documentation, which shall take into account
the performance standards listed in this Ordinance.
ii.
Supporting documentation may be presented in either descriptive or
map form, unless the Zoning Administrator specifically requests such
documentation to be in descriptive or map form.
[168]
iii.
Supporting documentation shall include, but is not limited to, the
following:
1) A description of each phase of the proposed extraction
operation, including reclamation. Each phase shall be
identified geographically, either as part of the proposed
operations plan map and reclamation plan map, or in a separate
map.
2) A description of the zoning classifications of the mineral
extraction site.
3) A description of the existing land uses on the mineral
extraction site and the site’s surrounding land uses.
4) A description of the topography of the mineral extraction site.
5) A general description of the depth, quantity, quality, and
intended uses of the mineral deposits on the mineral extraction
site.
6) A minimum of three (3) soil boring logs representative of the
mineral extraction site and a description of the subsurface
materials on the site.
7) A minimum of three (3) cross sections showing the extent of
overburden, extent of mineral deposits, other geological layers
to the extent known, and the water table, including any
evidence of the water table in the past.
8) A general description of surface waters, existing drainage
patterns, and groundwater conditions within one quarter (¼)
mile of the mineral extraction site.
9) A description of the mineral extraction site’s hydrology and
drainage characteristics during extraction and for each phase of
mineral extraction, including plans to control erosion,
sedimentation, and water quality of storm water runoff.
10) A description of any revisions to existing drainage patterns
including proposed mitigation measures to control downstream
offsite damage caused by any increase to the natural flow of
water or any diversion of the existing natural flow of water.
11) A vertical profile indicating the lowest extraction point and the
elevation of the groundwater table in any extraction area below
the groundwater table.
[169]
12) A plan for groundwater quality protection. The plan shall
include a minimum of three (3) borings showing depth of
groundwater. If washing and/or processing are not proposed,
and if groundwater is not encountered at a depth of fifteen (15)
feet below the bottom of the proposed mineral extraction site
floor, the applicant need not extend borings any further. If
washing and/or processing is proposed a minimum of three (3)
monitoring wells shall be installed to evaluate the hydrogeologic environment. The County reserves the right to require
additional borings or monitoring wells if necessary.
13) A water budget, including an estimate of the amount of daily
water use, water resources, and methods of disposing of water.
14) A dewatering plan. If a mineral extraction facility proposed to
dewater a mineral extraction site, a dewatering plan must be
submitted that includes:
a) Dewatering points and their elevations.
b) Proposed volume, rate, and duration of dewatering.
c) A groundwater model which forecasts the anticipated
cone of depression from dewatering activities.
d) Proposed discharge outlet locations and receiving
ditches and/or water bodies within one half (½) mile.
e) Proposed discharge velocities from specified outlet
locations.
f) Establishment of a groundwater monitoring program, as
required, in accordance with the Minnesota Department
of Health, Department of Natural Resources, and
Minnesota Pollution Control Agency.
15) A description of the soils found on the mineral extraction site.
16) A soil erosion and sediment control plan. The plan shall
include a description of the best practices for erosion and
sediment control to be employed on-site.
17) A soil salvage plan. The plan shall include a description of soil
storage areas and methods of protection from erosion,
compaction, and weeds.
[170]
18) A topsoil restoration plan. The plan shall include a description
of the methods to be used to restore the topsoil of the mineral
extraction site.
19) A description of the ecological resources, including existing
vegetation, plant communities, and wildlife, at and adjacent to
the mineral extraction site.
20) A vegetation protection plan. The plan shall include a
description of methods to be used to protect vegetation
remaining onsite.
21) A vegetation restoration plan. The plan shall include
quantified performance standards for the reclamation and
maintenance of each plant community to be restored. These
shall be based on minimum percent cover of acceptable
vegetation, maximum percent cover of unacceptable
vegetation, and minimum density and diversity of acceptable
species at reclamation milestones: zero (0) to twenty-four (24)
months, two(2) to five (5) years, six (6) years or more after
substantial completion. Acceptable and unacceptable
vegetation shall be defined in the plan.
22) A description of the screening, landscaping, and security
fencing for the mineral extraction site.
23) A description of all vehicles, equipment, and machinery
estimated to be used by the operator in the operation of the
mineral extraction facility.
24) A description of the estimated average daily and peak daily
number of vehicles accessing the facility. If more than one (1)
access is proposed for the facility, provide a breakdown of
anticipated average daily and peak number of vehicles using
each access.
25) A description of methods to control the weight of vehicles
leaving the mineral extraction site and the methods to ensure
vehicles do not travel on roads with weight limits lower than
the weight of the vehicles.
26) A description of methods to prevent mud and debris from being
tracked onto public roads.
27) A description of best practices to be used on-site for dust and
noise control.
[171]
28) A listing of all chemicals used in processing operations and in
controlling dust.
29) A listing of all hazardous materials, including all fuel supplies,
that will be stored onsite and a description of measures to be
used for securing and storing these materials, including, if
required, a copy of the Spill Prevention Control and
Countermeasures Plan per Environmental Protection Agency
guidelines.
30) A recycling plan for concrete and other forms of aggregate.
31) A seismic monitoring plan. If a mineral extraction facility
proposes using explosives, a pre-blast survey performed by a
Minnesota Licensed Engineer of surrounding dwellings and
buildings within one half (½) mile shall be conducted prior to
blasting. Yearly seismic surveys will be offered and conducted
by the applicant’s engineer if blasting has occurred within the
previous year.
32) A description of any other actions to be taken to mitigate
potential impacts resulting from mineral extraction, including
potential impacts related to: wetlands, erosion, noise, air
pollution, surface water contamination, traffic, dust, or
vibrations.
33) A description of the method in which complaints about any
aspect of the mineral extraction facility operation, or offsite
transportation, are to be received and the method which
complaints are to be resolved, such as neighbor notifications,
meetings or property value guarantees.
34) A contingency plan. A plan for responding to spills, and
berm/earthen dam failure, or accidental release of chemicals,
process water, or tailings.
35) Copies of all applicable federal and state application
documents and operating permits, including but not limited to
Minnesota Pollution Control Agency permits, wetland permits
(Minnesota Wetland Conservation Act and/or Army Corps of
Engineers), historical and archaeological permits, storm water
permits, Mine Safety and Health Administration permits, and
Environmental Assessment Worksheets.
[172]
D. Additional Information
The County shall have the authority to request from the applicant additional
information or to retain expert testimony with the consent of, and at the
expense of, the applicant if said information is declared to be necessary by the
County to review the request or to establish performance conditions in relation
to this Ordinance.
E. Referrals
The Planning Commission, County staff, or the County Board may refer the
application for review and comment to other agencies, including, but not
limited to, the Soil and Water Conservation District, the Minnesota Pollution
Control Agency, or the Minnesota Department of Natural Resources.
6. Recommendation
The Planning Commission shall make a finding of fact and recommend such actions
or conditions relating to the request to the County Board. The County may impose
such additional restrictions or conditions as deemed necessary to protect the public
health, safety, and general welfare. These conditions may include, but are not limited
to, the following:
A. Matters relating to the appearance of the mineral extraction facility.
B. Increasing setbacks.
C. Blasting notifications and frequency.
D. Limiting the height, size, or location of stockpiles.
E. Limiting the number of loaded trucks leaving the facility per day.
F. Increasing street width and improving access conditions, including turn lanes,
bypass lanes, etc.
G. Delineating the area to be mined, total size, and open area at any one time.
H. Requiring phased reclamation.
I. Requiring financial security to guarantee compliance with the conditions of
approval.
J. Air and water quality monitoring.
K. Onsite and offsite improvements to mitigate impacts caused by revisions to
the natural flow of surface waters.
[173]
724.3 USE RESTRICTIONS
The following uses shall be prohibited unless specifically authorized in the conditional use
permit for mineral extraction:
1. The crushing, washing, refining, or processing of material.
2. 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.
3. 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, such as asphalt or concrete batch
plants, which might be related to the mining operation.
The governing body may impose additional performance standards as part of the conditional
use permit.
724.4 PROHIBITED ACTIVITY
The following mineral extraction activities are prohibited:
1. The extraction of any material using any process or method that injects, drills with,
applies, or uses any chemical or toxic substance.
2. Extraction activities which cause or result in any chemicals, metals, minerals or
materials leeching, spilling, or flowing into any water resource, including aquifers,
water tables, rivers, springs, streams, or other underground or surface waters.
3. Underground mineral extraction activities. Such activities shall include, but are not
limited to, tunneling, augering, shafting, hydraulic dredging, or any similar methods.
4. The washing, processing, or other application of any chemicals or flocculants to
extracted materials. Operators may dry screen and sort extracted materials at the
mineral extraction facility, but shall transport all extracted materials to sites outside of
the County for further washing or processing.
5. Any material that has been processed with chemicals or flocculants is prohibited from
being brought back to the mineral operation site. Any suspect material shall be
subject to testing at the owners and/or operators expense.
[174]
724.5 PERFORMANCE STANDARDS
1. Access
A. The applicant must obtain a permit from the road authority for all proposed
new access points to public roads, or for the conversion of an existing access
point. If the applicant is proposing access via an adjacent property, the
applicant must submit an access agreement with the owner of the adjacent
property.
B. The location of the intersection of access roads with any public roads shall be
approved by the road authority.
C. All access points shall be located so as to avoid the routing of vehicles to and
from the mineral extraction operation over streets that primarily serve abutting
residential development.
D. The road authority may restrict the weight of vehicles allowed to use any
permitted access.
E. All access roads intersecting a paved public road shall be paved to the edge of
the highway right-of-way, or a minimum of fifty (50) feet, whichever is
greater. Paving materials and paving thickness must be approved by the road
authority. Initial placement, maintenance, or replacement of pavement shall
be the responsibility of the applicant. Failure to maintain the pavement in
acceptable condition may result in closure of access.
F. All access points from or onto any public road shall be clearly indicated and
only those indicated access points shall be utilized.
G. All access points shall, if possible, be located along a secondary road.
H. A lockable gate shall be required across all access roads to the mineral
extraction facility.
2. Additional Regulations
The County may impose additional regulations and requirements to the mineral
extraction facility to protect the public health, safety, and general welfare.
3. Appearance
All buildings, structures, and plants on the mineral extraction site 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.
[175]
4. Blasting
A. When explosives are used the operator shall take all necessary precautions to
safeguard life and to protect property.
B. The method for storing and handling explosives shall conform to all laws and
regulations relating thereto.
C. Seismic blasting records shall be submitted to the Zoning Administrator
within ten (10) days of receiving the blast analysis.
5. Clearing
A. Clearing of the mineral extraction site shall conform to the proposed
operations and reclamation plans.
B. Existing trees and shrubs shall remain in their natural state wherever possible
and not be prematurely stripped.
C. Existing trees and ground cover along public road frontage shall be preserved,
maintained, and supplemented for the depth of the required setbacks, except
where traffic safety requires cutting and trimming.
D. The amount of overburden removed shall not be in excess of that required to
undertake operations in an economically feasible manner. Less than ten acres
shall be considered to be economically feasible. Development towards the
final plan shall be carried on as extraction progresses. Where ground cover of
other planting is indicated on the approved plan, such planting shall be made
in areas where extraction is completed and land is not being used for material
storage.
6. Development Agreements
When a proposed or amended conditional use permit for mineral extraction is
requested, the County may require a Development Agreement.
7. Dust Control and Air Quality
To mitigate public nuisances and public health concerns the County shall require dust
control in all mineral extraction operations.
A. Remedies to control dust may include methods such as berming, landscaping,
enclosures for processing equipment, and watering stockpiled materials and
all roads within the site.
[176]
B. All equipment used for extraction operations shall be constructed, maintained,
and operated in such a manner as to minimize, as far as practical, dust
conditions which are injurious or substantially annoying to persons living
within six hundred (600) feet of the mineral extraction site.
C. The County may require air quality/particulate monitoring of a mineral
extraction site. Mineral extraction operations that excavate, transfer, process,
or stockpile silica sand shall be required to monitor air quality/air particulates
as described herein. Monitoring equipment shall be in accordance with
Minnesota Pollution Control Agency or County best practices standards,
whichever are more stringent.
i. If required, the operator shall begin air quality/air particulate and
weather monitoring at least six months prior to the operation to create
a baseline of the area.
ii. Stationary monitors shall be located at strategic locations along the
mineral extraction site boundaries, within the site, and may also be
required to be located at neighboring residences within five hundred
(500) feet of the site’s property lines.
iii. Continuous remote readings shall be taken and reported to the County
when requested. A summary report shall accompany the operation’s
renewal documentation and fees.
8. Erosion Control
The County may require erosion control measures, such as the installation of culverts
or creation of berms. All materials to be used for erosion control shall be approved
by the County.
9. Hours of Operation
A. All mineral extraction operations shall be conducted between the hours of
7:00 a.m. and 7:00 p.m., Monday through Saturday, unless specified otherwise
in the conditional use permit. Any operations not conducted between the
hours of 7:00 a.m. and 7:00 p.m. shall require a conditional use permit.
B. Exceptions to the hours of operation must be approved by the Zoning
Administrator. Approval may only be granted in conjunction with the
furnishing of material for a public improvement, public safety, or a public
interest project that is underway during hours that the mineral extraction
facility is not otherwise allowed to operate. Approval will be limited to those
functions that cannot occur during normal hours of operation.
[177]
10. Impact Studies and Agreements
When a proposed or amended conditional use permit for mineral extraction is
requested, the road authority may require a Road Impact Study, a Transportation
Impact Study, and/or a Road Impact Agreement to alleviate the additional burden on
the County’s financial resources associated with road infrastructure maintenance
affected by granting the request.
11. Minimum Parcel Size
No mineral extraction operation shall be conducted on parcels of less than twenty
(20) acres in size. This limitation shall not apply when the tract of land is contiguous
to an active mineral extraction operation, provided that both tracts are being operated
by the same operator.
12. Minnesota River Bluffs
Extraction operations that are in proximity to the Minnesota River Valley shall be
conducted in such a manner as to preserve the face of the bluffs as viewed from the
River and any roads along the River. Submitted plans must demonstrate sufficient
slope on the extraction side of the bluff face to prevent sloughing or erosion of the
original pre-operation bluff. The only exception will be that a road leading out of the
mine may cut through the bluff face if no alternative outlet is available.
13. Noise and Vibrations
A. To mitigate public nuisances, the facility shall use industry best practices,
including building berms, enclosing generators, and leaving existing trees at
the property boundaries to minimize noise impacts.
B. Operators shall use all practical means to eliminate adverse impacts on
adjacent properties from vibration of equipment.
C. All equipment used for extraction 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.
14. Roadway Dust and Debris
A. All access roads from mineral extraction facilities to public roads or to
adjoining property shall be paved or surfaced with gravel.
B. Operators shall be responsible for providing continuous dust control during
operation on gravel roads that are the primary routes to or from a mineral
extraction facility.
[178]
C. Watering roadways or other dust control measures along roads accessing the
facility, such as pavement sweeping and wheel washing, may be required.
D. Precautions must be taken to minimize the deposit of dirt and debris from
trucks onto public roads.
E. Trucks used in hauling materials from the site shall be loaded in such a
manner as to minimize spillage onto public roads.
F. Any spillage on public roads resulting from overloading or from adhering to
truck tires shall be removed daily.
15. Safety Fencing
Any mineral extraction operation adjacent to a residential zone or within three
hundred (300) feet of two (2) or more residential structures shall be bound by the
following standards:
A. Holding or Ponding Areas
Where collections of water occur that are one and one half (1½) feet or more
in depth existing for a period of at least one (1) month, and occupy an area of
seven hundred (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, of at least four (4) feet in height.
B. Steep Slopes
In locations where slopes occur that are steeper than one (1) foot vertical to
three (3) feet horizontal existing for a period of one (1) month or more, access
to such slope shall be barred by a fence or some similarly effective barrier,
such as a snow fence, at least four (4) feet in height.
16. Screening Barriers
A. A screening barrier shall be required where adjacent properties contain
improvements.
B. A screening barrier shall be required between the extraction facility and any
public road within five hundred (500) feet of any extraction operation.
C. A screening barrier may be required to mitigate visual impacts of the
extraction facility from existing historical, cultural, or recreational features,
including, but not limited to, trails, navigable waters, and sites identified in the
State Historic Preservation Office and County cultural databases.
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D. Screening barriers shall screen the mineral extraction operation from public
view as seen by either standing at the center of an adjacent public road or at
the adjacent property boundary.
E. Screening barriers shall consist of natural screening and/or supplied screening.
i. Natural screening consists of existing features which are located
within fifty (50) feet of the boundary of the mineral extraction site and
which screen the view of the mineral extraction operation.
ii. Supplied screening consists of native plantings, berms, and fences.
The density of plantings used for supplied screening shall not be
required to exceed a density of alternating rows of conifer trees six (6)
feet on center and a height of six (6) feet at the commencement of
mining.
F. Screening with berms shall be stabilized with native vegetative cover.
17. Setbacks
All mineral extraction facilities and operations shall meet or exceed the following
minimum setbacks at the surface and their vertical extensions below the surface:
A. Fifty (50) feet from any property line, except for visual screening,
reclamation, and berming of overburden material, unless written consent of
the owner of the adjoining property is first secured, recorded with the County
Recorder, and a copy submitted to the Zoning Administrator.
B. Five hundred (500) feet from any existing residential or commercial
structures, not owned by the operator or owner of the mineral extraction site,
and any residential zoning district.
C. One hundred (100) feet to the boundary of any zoning district where such
operations are prohibited, unless written consent of the owner of the adjoining
property is first secured, recorded with the County Recorder, and a copy
submitted to the Zoning Administrator.
D. One hundred (100) feet from the right-of-way line of any existing or platted
street, road, or highway, except for maintenance activities.
E. Two hundred (200) feet from the Ordinary High Water Level of any public
water.
F. In addition to the above setbacks, all ready-mix concrete plants, asphalt plants,
and any associated processing facilities and structures shall meet the following
setbacks:
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i. Five hundred (500) feet to the boundary of an adjoining property line.
ii. Five hundred (500) feet from the Ordinary High Water Level of any
public water.
G. The County Board may increase the setbacks based upon residential locations,
social or economic concerns, type of extraction, or to mitigate public nuisance
concerns.
H. New improvements including structures, wells, and subsurface sewage
treatment systems shall be set back at least one hundred fifty (150) feet from
the property boundary adjacent to any existing mineral extraction site. New
improvements on adjacent properties to existing mineral extraction sites shall
prevent surface water runoff from entering the extraction site at volumes
and/or velocities greater than what existed prior to the improvement.
18. Signage Required
Adequate signage for the following shall be required:
A. Site signage indicating the name and contact number for the mineral
extraction operator.
B. Signage for public safety, such as “Trucks Hauling”.
19. Topsoil
No topsoil shall be removed from the mineral extraction site.
20. Unauthorized Storage
Vehicles, equipment, or materials not associated with the mineral extraction facility,
or not in operable condition, shall not be kept or stored on the site.
21. Waste Disposal
A. Any waste generated from the extraction operation, including waste from
vehicle or equipment maintenance, shall be disposed of properly.
B. An estimate of the amount of recycled concrete and asphalt material to be
processed must be submitted, along with an estimate of the time required and
the amount required to be stockpiled before being processed. These estimates
are to accompany the operation’s renewal documentation and fees.
[181]
22. Water Quality Monitoring
A. Water quality monitoring shall be required when a mineral extraction facility
is:
i. Extracting materials below the water table.
ii. If property lines are within six hundred (600) feet of known Karst
features, springs, streams, or lakes.
iii. If the operation is proposing to dewater the site.
iv. If extracting silica sand.
v. If otherwise required by the County.
B. If a washing or processing operation is proposed a minimum of three (3)
monitoring wells shall be installed to evaluate the hydro-geologic
environment. The County reserves the right to require additional borings or
monitoring wells if necessary.
C. A Water Quality Monitoring Plan shall include placing a sufficient number of
monitoring wells in strategic locations along the property lines and within the
site to adequately characterize and monitor surface and ground water.
D. Monitoring of residential wells within six hundred (600) feet of the property
lines may also be required.
E. Continuous remote readings shall be taken and reported to the County when
requested. A summary report shall accompany the operation’s renewal
documentation and fees.
23. Water Resources
A. The mineral extraction operation shall not allow surface water to leave the site
in a manner that causes flooding, erosion, or alteration of natural drainage
patterns.
B. The mineral extraction operation shall not adversely affect the quantity or
quality of surface or subsurface water resources.
C. Surface water leaving the site shall be of equal quality as water originating
off-site before it passes through the site. The operator shall perform any water
treatment necessary to comply with this provision.
[182]
24. Weed Control
The operator shall be required to control noxious weeds and may be required to mow
or harvest other vegetation to maintain a reasonable appearance of the site and to
prevent seeding onto adjoining property.
724.6 LAND RECLAMATION
The following minimum standards and conditions for land reclamation shall apply:
1. The reclamation plan shall be reviewed by the Soil and Water Conservation District
and the Department of Natural Resources.
2. The reclamation of mineral extraction facilities shall begin immediately after
extraction operations cease. Total reclamation shall be complete within one (1) year
of the cessation of extraction operations. Failure to renew a conditional use permit
for mineral extraction will be considered termination of the operation and the
beginning of the one (1) year period.
3. Reclamation shall restore the extraction facility to a condition whereby it can be
utilized for the type of land use proposed to occupy the site after extraction operations
cease. Proposed land uses shall be consistent with the comprehensive plan, zoning
requirements, and all other County ordinances in effect at the time the reclamation
plan is submitted, and may be required to be amended over time.
4. Reclamation activities shall progress on a phased basis; for every ten (10) acres of
additional mining operations, the previously exhausted ten (10) acres must be
reclaimed, unless otherwise specified in the reclamation plan.
5. Unless otherwise amended or approved by the County, all final grades and site
restoration efforts shall be consistent with the reclamation plan.
6. Bodies of Water
A. All water areas resulting from extraction shall be addressed upon reclamation
of the facility.
B. Water bodies may be permitted in unique instances where the County Board
has determined that such would be appropriate as an open space or
recreational amenity in subsequent reuse of the site. Water bodies must be
included in the proposal at the time of approval of the overall plan.
7. Erosion Control
Soil erosion and sedimentation control measures shall be consistent with Minnesota
Pollution Control Agency best management practices.
[183]
8. Notification and Final Inspection
A. After the operator has completed the reclamation project, they shall notify the
County.
B. Upon notification, the Zoning Administrator shall inspect the site to determine
if it is in accordance with the approved reclamation plan.
i.
If the site is not in accordance with the reclamation plan, the County
shall notify the operator of its deficiencies and the operator shall
correct the deficiencies within thirty (30) days.
ii.
If the site is in accordance with the reclamation plan, the County shall
issue a letter of compliance of the site to the operator.
9. Removal of Equipment, Machinery, Buildings, Structures, and Plants
A. All equipment, machinery, buildings, structures, and plants incidental to the
mineral extraction operation shall be dismantled and removed by, and at the
expense of, the operator last operating the facility within:
i.
Three (3) months after the cessation of extraction operations or the
expiration of the mineral extraction permit.
ii.
Three (3) months after the abandonment of such operation for a period
of six (6) months.
B. A temporary variance may be granted for equipment, machinery, buildings,
structures, or plants required to process previously extracted materials stored
on site. Such variance may only apply for one (1) year. Said equipment,
machinery, buildings, structures, and plants shall be removed by the end of the
one (1) year period.
10. Rock Quarries
The permittee shall submit a plan to explain how the quarries are to be reclaimed.
11. Topography
A. The final topography of the extraction site shall fit in with regional
topography and mirror landforms typical to the County.
B. 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, and which will
minimize erosion.
[184]
C. Excavations completed to a water producing depth need not be backfilled if
the water depth is at least ten (10) feet and if backs shall be sloped to the
water line, at a slope no greater than (1) foot vertical to three (3) feet
horizontal.
D. The final grade of all excavated areas, such as a gravel pit, may not exceed
one (1) foot vertical to three (3) feet horizontal slope, unless a plan has been
submitted which indicates special consideration is needed, and if said plan,
with special consideration, has been approved by the County.
E. When the reclamation plan includes a water impoundment, the approved final
grade at the edge of the body of water shall extend vertically six (6) feet
below the lowest seasonal water level.
F. The final grade of the extraction facility shall be such that it will not adversely
affect the surrounding land or future development of the site upon which the
extraction operations have been conducted.
12. Vegetation and Topsoil
A. Reclaimed areas shall be surfaced with stockpiled topsoil to a depth of no less
than three (3) inches. Any additional offsite topsoil utilized in reclamation
shall be of a quality at least equal to the onsite topsoil and topsoil of land areas
immediately surrounding the site.
B. Topsoil shall be reclaimed to native grasses and legumes, unless such
vegetation is found by the County to be inconsistent with the final proposed
land use. Trees and shrubs may also be planted, but not as a substitute for
native grasses and legumes. Such planting shall adequately impede soil
erosion.
C. Soil restoration, seeding, and mulching shall occur within each phase as soon
as final grades, or interim grades as identified in the phasing plans, have been
reached.
D. Seeding and mulching along right-of-ways shall be consistent with Minnesota
Department of Transportation specifications for right-of-ways.
E. Areas returned to agricultural production are exempt from seeding and
mulching requirements.
724.7 PLAN REVISIONS
In the event the applicant/landowner find the characteristics of the mineral extract site/facility
to be different than what was previously determined, changes may be made to the original
operations and/or reclamation plans by amending the approved conditional use permit, per
Section 505.3 of this Ordinance.
[185]
724.8 EXISTING MINERAL EXTRACTION OPERATIONS
1. Active mineral extraction operations:
A. May continue in terms of the nature of the operation; however said mineral
extraction operations may not expand beyond the mineral extraction site as
legally described and recorded in the office of the County Recorder prior to
September 15, 1965.
B. Any change in terms of the nature of the operation, shall require the operation
to come into full compliance with the rules and regulations of this Ordinance.
2. Within five (5) years of the effective date of this Ordinance, all existing nonpermitted mineral extraction operations that have not been permitted under this
Ordinance, and for which this Ordinance would apply, shall be required to register
with the Property Services Division.
A. Registration shall consist of submitting the following:
i.
General Information
1) The name, address, phone number, email address, and website
of the operator of the mineral extraction operation and of all
owners or lessors of the mineral extraction site.
2) The total acreage and complete legal description of the mineral
extraction site and the total acreage of the mineral extraction
facility.
3) A narrative outlining the type of material being extracted,
mode of operation (including any extraction, processing,
transport, or storage activities), estimated quantity and quality
of material being extracted, plans for blasting, and other
pertinent information to explain the operation in detail.
4) Estimated time frame to operate the facility, including the
hours of operation. This estimate shall include the start date
and an anticipated completion date.
5) Copies of all existing federal and state application documents
and operating permits.
ii.
Site Plan
1) Property boundaries of the existing mineral extraction site.
[186]
2) Location of and size of areas where minerals are being
extracted, indicating the depth of extraction.
3) Location of existing storage and processing areas, including
asphalt and concrete plants.
4) Location of existing buildings and structures.
5) Location of existing wells.
iii.
Reclamation Narrative and Plan
1) A narrative describing the proposed end use of the site.
2) A map depicting the proposed end use. The map, at a
minimum, shall include the mineral extraction site boundaries,
the proposed final grade of the site using ten foot contours, and
any proposed planting/seeding of vegetation.
iv.
A bond per the standards of this Ordinance.
724.9 TEMPORARY EXTRACTION PERMIT
1. The temporary use of real estate property for uses customarily incidental to the
construction of public roads and bridges may be allowed upon approval of a zoning
permit for temporary extraction and/or temporary placement of an asphalt or concrete
batch plant by the Zoning Administrator for a period of not more than ninety (90)
days. Such permit shall be revocable by the Zoning Administrator for violation of the
permit’s requirements or for other good cause.
2. The renewal of such a permit or the request for a permit exceeding ninety (90) days
shall require a conditional use permit.
3. The petitioner applying for a temporary extraction permit shall complete an official
application with the Zoning Administrator or their designated representative.
4. Such temporary extraction permits shall be subject to the requirements of this Section
in addition to the following:
A. Reclamation of property to an acceptable condition and to the satisfaction of
the Zoning Administrator and the County Engineer.
B. Reclamation of the property prior to the expiration date of the permit.
C. A bond posted with the County Auditor-Treasurer in an amount to be
determined by the Zoning Administrator.
[187]
D. Provide traffic control devices in the area proximate to operations.
[188]
725 PARKING
725.1 LOCATION
All accessory off-street parking facilities required herein shall be located as follows:
1. Spaces accessory to one (1) and two (2) family dwellings on the same lot as the
principal use served.
2. Spaces accessory to the multiple family dwellings on the same lot as the principal use
served or within two hundred (200) feet of the main entrance to the principal building
served.
3. Spaces accessory to uses located in a business, within eight hundred (800) feet of a
main entrance to the principal building served.
4. There shall be no off-street parking space within five (5) feet of any street right-ofway.
5. No off-street open parking area containing more than four (4) parking spaces shall be
located closer that five (5) feet from an adjacent lot zoned or used for residential
purposes.
6. One (1) space equals three hundred (300) square feet.
725.2 GENERAL PROVISIONS
1. Access Drives
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 (1) foot to
any side or rear lot line.
2. Parking Spaces
Each parking space shall not be less than nine (9) feet wide and twenty (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 shall be provided elsewhere 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. The owner of the principal use shall file a recordable document
with the County Board 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.
[189]
4. Use of Parking Area
Required off-street parking space in any District shall not be utilized for open storage
of goods, storage of vehicles which are inoperable, for sale, or for rent.
725.3 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS
1. Parking Areas
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 twenty-two (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 (3) feet from the side property
line or a guard of normal bumper height not less than one (1) foot from the side
property line. When said area is for six (6) spaces or more, a curb or fence not over
five (5) 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 (6) or More Cars
When a required off-street parking space for six (6) cars or more is located adjacent
to a residential district, a fence of adequate design, not over five (5) feet in height nor
less than four (4) feet in height shall be erected along the residential district property
line.
5. Maintenance of Off-Street Parking Space
It shall be the joint responsibility of the operator and/or 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 three hundred (300) square feet per vehicle of
standing and maneuvering area.
[190]
725.4 TRUCK PARKING IN RESIDENTIAL AREAS
No motor vehicle over one (1) ton capacity bearing a commercial license and no
commercially licensed trailer shall be parked or stored in a platted residential district or a
public street except when loading, unloading, or rendering a service. Pickups are not
restricted by the terms of this provision.
725.5 OTHER PARKING IN RESIDENTIAL AREAS
Off-street and on-street parking in residential areas shall be limited to motor vehicles for the
use of the residents of those homes. Except for short term parking six (6) hours or less and
guest parking, the number of vehicles parking on or in front of a residential lot shall not
exceed double the number of persons residing on the premises and having an automobile
driver’s license.
725.6 OFF-STREET SPACES REQUIRED
1. One (1) and Two (2) Family Residences
A. Two (2) spaces per dwelling unit.
2. Multiple Dwellings
A. Two (2) spaces per dwelling unit.
3. Churches, Theaters, Auditoriums, and Other Places of Assembly
A. One (1) space for each three (3) seats or for each linear five (5) feet, based
upon maximum design capacity.
4. Business and Professional Offices
A. One (1) space for each four hundred (400) square feet of gross floor space.
5. Medical and Dental Clinics
A. Five (5) spaces per doctor or dentist, plus one (1) space for each employee.
6. Hotel or Motel
A. One (1) space per rental unit plus one (1) space per employee.
7. Schools
A. Elementary and Junior High
i. Three (3) spaces for each classroom.
[191]
B. High School through College
i. One (1) space for each four (4) students based upon design capacity
plus three (3) additional spaces for each classroom.
8. Hospital
A. At least one (1) parking space for each three (3) hospital beds, plus one (1)
space for each four (4) employees, other than doctors, plus one (1) parking
space for each resident and regular staff doctor.
9. Drive-In Food Establishments
A. One (1) space for each fifteen (15) square feet of gross floor space in the
building allocated to drive-in operation.
10. Bowling Alley
A. At least five (5) parking spaces for each alley, plus additional spaces as may
be required herein for related uses such as restaurant, plus one (1) additional
space for each employee.
11. Automobile Service Station, Rural Repair Garage
A. At least four (4) off-street parking spaces plus two (2) off-street parking
spaces for each service stall.
12. Retail Store
A. At least one (1) off street parking for each one hundred fifty (150) square feet
of gross floor area.
13. Farm Wineries, Restaurants, Cafes, Bars, Taverns, and Night Clubs
A. At least one (1) space for each three (3) seats based on capacity design and
one (1) space per two employees.
14. Funeral Home
A. Sufficient off-street parking shall be required to accommodate the maximum
number of guests expected to be in attendance at a funeral home at any given
time. The number of required spaces shall be determined by the local
governing body after due consideration is given to the expected parking needs
of the funeral home.
[192]
15. Industrial, Warehouse, Storage, Handling of Bulk Goods
A. At least one (1) space for each employee on maximum shift or one (1) space
for each two thousand (2,000) square feet of gross floor area, whichever is
larger.
16. Use Not Specifically Noted
A. As determined by the County Board following review by the Planning
Commission.
[193]
726 PERMITTED ENCROACHMENTS AND EXCEPTIONS
726.1 PERMITTED ENCROACHMENTS
The following shall be considered as permitted encroachments on yard and height
requirements:
1. Posts, decks under one (1) foot off the ground, off-street open parking spaces,
driveways, individual hookups for essential services, flues, belt course, leaders, sills,
pilasters, lintels, cornices, eaves, gutters, awnings, marquees, berms, retaining walls,
open terraces, landscaping, service station pump islands, open canopies, steps,
chimneys, flag poles, signs, ornamental features, open fire escapes, sidewalks,
gravesites/gravestones, and fences, and all other similar devices incidental and
appurtenant to the principal structure except as otherwise specifically addressed
within this Ordinance.
2. Except as provided in 727.1(1) above, location of essential services, including, but
not limited to, wells, on-site septic systems, electric, gas, communication, sewage,
and steam or water transmission or distribution systems and structures, shall meet the
appropriate front yard setbacks when adjacent to a road, and are not permitted
encroachments or exceptions under this Section.
726.2 SETBACKS AND EXCEPTIONS
Fences, retaining walls, berms, and dense landscaping (hedges, shrubs) over two (2) feet
higher than the natural ground level shall be no closer than twenty (20) feet to highway and
street right-of-way lines, fences may be located near but not on the property line. This
provision shall not apply to barbed wire, electrical, or woven wire fences. These types of
fencing used for animal restraint shall have minimal support posts to support the fencing and
shall not cause any visual or wind obstruction.
726.3 FENCES
1. Fences located in a Residential, Multi-Family, or Rural Townsite Zoning District
shall not exceed six (6) feet in height in the rear and side yards and four (4) feet in the
front yard.
2. The “finished side” of the fence shall face neighboring properties or the road.
3. Fences that are constructed in a Residential, Multi-Family, or Rural Townsite Zoning
District require a zoning permit.
[194]
727 PLATTING / CLUSTER DEVELOPMENT
All buildings hereafter erected upon unplatted land shall be so placed that they will not
obstruct proper street extensions or other features or proper subdivision and land planning.
727.1 CLUSTER DEVELOPMENT STANDARDS
Cluster Development, the placing of residential dwelling units into compact groupings, may
be permitted following the completion and approval of a preliminary and final plat for a
cluster development. The Planning Commission and County Board shall find that the
proposed development plan is in substantial compliance with the applicable standards of this
Ordinance.
1. A cluster development shall be defined in this Ordinance as a residential development
in which a number of single family dwelling units are grouped on smaller than usual
or minimum lots, leaving some land undivided for common use by all residents of the
development.
2. Common land may be preserved as agricultural land, open recreation space for
recreational facilities, or for preservation of natural or scenic resources.
3. Except for minimum setbacks and height limitations for the district in which the
development is proposed, altered dimensional standards may be allowed as
exceptions to this Ordinance for cluster development, provided that:
A. The number of dwelling units allowed shall not exceed the total number of
units allowed if the development was based on the minimum lot size and
density requirements for a single family residential subdivision. However,
bonus dwelling units up to twenty (20) percent can be awarded if the overall
design is determined by the governing body to be excellent in terms of
preserving natural features, providing efficient services, and no impact on
existing area uses.
B. Open space shall be preserved. At least forty (40) percent of the site shall be
kept in its natural state or utilized for recreation or agricultural purposes.
C. In areas where public sewer and water are not available, adequate soil area
shall be shown on the preliminary plat for two (2) individual septic drain
fields for each dwelling unit or plans and tests which provide adequate space
for one (1) reserve or back up area.
4. Complete plans and documents of the homeowners association are submitted which
explain:
A. Ownership and membership requirements.
B. Organization of the association.
[195]
C. Time at which the developer turns the association over to the homeowners.
D. Approximate monthly or yearly association fee for homeowners.
E. Specific listing of items owned in common including such items as roads,
recreation facilities, parking, common open space grounds, and utilities.
5. No cluster development lot shall be less than six thousand (6,000) square feet in area.
[196]
728 RECREATIONAL CAMPING AREAS
728.1 PURPOSE
This Section establishes minimum standards for recreational camping areas which shall
supplement the existing standards in the Nicollet County Manufactured Home Parks,
Recreational Camping Areas, and Youth Camps Ordinance, as well as in existing applicable
laws and statutes pertaining to recreational camping areas, such as Minnesota Rules Chapter
4630 and Minnesota Statutes Chapter 327. Whenever this Ordinance conflicts with other
applicable laws, regulations, and ordinances, the most restrictive shall prevail.
728.2 GENERAL STANDARDS
1. Campsite Accessory Storage Structures
A. Shall be no larger than forty-eight (48) square feet, with a maximum height of
eight (8) feet.
B. Shall be used for storage only and shall not be used for dwelling purposes.
C. Only one (1) accessory storage structure shall be allowed per campsite.
D. Shall be constructed of cedar, redwood, treated lumber, or other rot-resistant
material.
E. Shall only be allowed on seasonal campsites.
2. Electrical Work
Any electrical wiring conducted on a campsite accessory storage structure, or a
recreational camping vehicle addition must be completed in conformance with the
Minnesota Electrical Act, Minnesota State Statute Section 326, as amended, and must
be inspected by a state electrical inspector.
3.
Lighting
The walkways, drives, and other commonly used portions of the recreational camping
area shall be lighted during the hours of darkness in a manner that does not create
glare off-site.
4. Lot Size
A. Seasonal campsites shall have a minimum lot size of four thousand (4,000)
square feet.
B. Transient campsites shall have a minimum lot size of two thousand (2,000)
square feet.
[197]
5. Noise
No noise of any sort shall be detectable off the site during the hours of 10:00 PM and
8:00 AM.
6. Prohibited Practices
A. No animal washing, car washing, or other slop creating procedures shall be
carried on in any building, structure, or other place not designated for such
purpose. Slop shall be construed to be any soapy, foamy, bubbly, or lathery
wastewater produced in connection with cleaning or washing activities.
B. No pets or domesticated animals shall be allowed to enter the building
containing the sanitary or washing facilities for a recreational camping area.
C. At no time shall garbage or refuse be burned on the premises.
7. Recreational Camping Vehicle Additions
A. Shall not exceed the square footage of the recreational camping vehicle to
which it is attached.
B. Shall when in combination with the recreational camping vehicle and any
campsite accessory storage structure result in no more than twenty-five (25)
percent coverage of the campsite.
C. Shall be limited in height to that which reasonably accommodates attachment
to the recreational camping vehicle, is no higher than one (1) foot above the
roof line of the recreational camping vehicle, and in no case constitutes a roof
over the top of the recreational camping vehicle.
D. Shall not be used for sleeping accommodations.
E. Shall not contain any bathroom facilities, hot tubs, plumbing, or other water
using or supplying devices.
F. Shall be constructed of cedar, redwood, treated lumber, or other rot-resistant
material.
G. Shall be maintained in a safe, presentable, and sound structural condition at all
times.
H. Shall only be allowed on seasonal campsites.
[198]
8. Roads
A. Roads provided shall be maintained in good condition and free of holes and
depressions.
B. It shall be unlawful for any type of vehicle to travel at a rate in excess of ten
(10) miles per hour while within the limits of a recreational camping area.
C. The ten (10) miles per hour limit shall be clearly posted throughout the
recreational camping area.
9. Screening
A. The perimeter of the recreational camping area shall be landscaped to provide
screening from public roads and neighboring properties.
B. Screening shall consist of trees, shrubbery, and other suitable vegetation.
Screening shall be established at a minimum height of four (4) feet, which
shall be increased to at least six (6) feet in height within three (3) years of
establishment. Berms and fencing may be used as screening, but shall only be
used to supplement adequate vegetative screening. All screening shall meet
appropriate setback standards.
C. Prior to the issuance of any permit for a recreational camping area, a
landscaping plan shall be submitted to the Zoning Administrator for review
and approval.
10. Setbacks
A. All camping units shall be located at least fifty (50) feet from any camping
area property abutting upon a public road or highway and at least twenty (20)
feet from other property boundary lines.
B. Campsite accessory storage structures and recreational camping vehicle
additions must meet the minimum structure setback requirements for the
zoning district in which the recreational camping area is located.
11. Sewage Treatment and Disposal
A. A sewage disposal system shall be designed, constructed, and operated in
accordance with Minnesota Rules Chapter 7080 (Individual Subsurface
Sewage Treatment Systems).
B. All waste water from recreational camping vehicles shall be deposited in a
secure leak proof tank.
[199]
12. Shelter and Evacuation
A. A plan for the sheltering, or the safe evacuation to a safe place of shelter, of
the residents of the recreational camping area in times of severe weather
conditions shall be developed, and shall be posted at conspicuous locations
throughout the camping area.
B. All campgrounds shall provide a safe room or storm shelter. The safe room or
shelter shall be adequately sized so as to accommodate the maximum
occupancy of the recreational camping area.
13. Site Identification
All sites shall be clearly identified with a number or letter. This identification shall
be provided at each site throughout the campground.
14. Swimming Pools
Shall be installed and operated in accordance with Minnesota Rules Chapter 4717,
Minnesota Statute Chapter 144, Section 144.1222, and the Nicollet County Ordinance
Providing for the Regulation of Public Swimming Pools, as amended.
15. Water Supply
A. Every recreational camping area shall obtain a safe, adequate supply of water
from a public community water supply system, a public non-community water
supply system, or a source of supply and system which is located, constructed,
and operated in accordance with all applicable State and Federal laws
governing public water supplies, including but not limited to Minnesota Rules
Chapter 4715 (Minnesota Plumbing Code), Chapter 4720 (Minnesota Public
Water Supplies), and Chapter 4725 (Minnesota Wells and Borings Code).
The source of the water supply shall first be approved by the Minnesota
Department of Health.
B. The temperature of hot water which is provided in any public area, including,
but not limited to lavatories, bath tubs, or showers, shall not exceed one
hundred-thirty (130) degrees Fahrenheit (fifty-five (55) degrees Celsius).
728.3 INSPECTION AND RECORD OF OCCUPANCY
1. It shall be the duty of the Property Services Division to inspect every recreational
camping area as frequently as may be necessary to insure compliance with this
Ordinance. The person operating a recreational camping area shall, upon request of
the Property Services Division, provide access to all parts of the establishment at any
reasonable time for the purpose of inspection and shall exhibit and allow copying of
any records necessary to ascertain compliance with this Ordinance.
[200]
2. Whenever the Property Services Division or Brown-Nicollet Environmental Health
finds that an emergency exists which requires immediate action to protect the public
health, it may, without notice or hearings, issue an order reciting the existence of such
an emergency and require that action be taken as it deems necessary to meet the
emergency. Notwithstanding the other provisions of this Ordinance, such an order
shall be effective immediately.
3. The owner-operator, caretaker, or appointed representative thereof, must record each
person who rents a campsite and/or spends overnight hours in a recreational camping
area, and each individual recreational camping vehicle’s license tag number. The
record must be kept up-to-date at all times and include arrival/departure times and
dates. This record shall be made available to County staff upon request.
[201]
729 REFUSE
729.1 GENERAL STANDARDS
1. In all districts, all waste material, garbage, and other refuse, with the exception of
crop residue, shall be kept in an enclosed building, or properly contained in a closed
container designed for such purposes, until it is delivered to a County and/or State
approved final disposal site.
2. In all districts, the fee-title owner shall be responsible for keeping property free of
waste material, debris, garbage, and other refuse.
3. No inoperable or junk vehicles, or recreational vehicles shall be stored outside in any
district for more than seven (7) days. It shall be unlawful to create or maintain a
junkyard or vehicle dismantling yard except as herein provided.
4. It shall be unlawful for any person to own, possess, or control any unused refrigerator
or other container, with doors which fasten automatically when closed, which is of
sufficient size to retain any person, which is exposed and accessible to the public
without removing the doors, lids, hinges, or latches or providing locks to prevent
access by the public.
5. All exterior storage not included as a permitted accessory use, a permitted use, or
included as part of a conditional use permit, or otherwise permitted by provisions of
this Ordinance, shall be considered as refuse.
6. All demolition material shall be disposed of in an approved demolition landfill or
recycled.
7. Refuse handling and disposal shall be consistent with Minnesota Rules and the
Nicollet County Solid Waste Ordinance.
8. Existing uses shall comply with these provisions within six months following
enactment of this Ordinance.
[202]
730 RELOCATING STRUCTURES
730.1 PERMIT REQUIRED
Every licensed house mover shall, in each and every instance before raising, holding up, or
moving any building, obtain a permit thereafter from the Zoning Administrator. An
application for such permit shall designate the origin and destination of such building, the
route over which it is to be moved and shall state the time in which the moving of such
building shall be issue. The permit shall also indicate the location of the lot on which the
house is to be located, the dimensions of the lot and the proposed location of the structure on
the lot along with setback distances. No permit to move a building shall be issued unless and
until the following are fully complied with and approved by the Zoning Administrator.
1. The building to be moved shall comply in all respects with the standards in this
Ordinance.
2. The lot on which the building is to be located shall meet all the minimum dimensional
requirements of the zoning district in which it is located.
3. The building shall be placed on the lot so as to meet all the front, side and rear yard
requirements as set forth in this Ordinance.
4. The building shall be compatible in age, architectural style, appearance, and
assessor’s market value to the existing surrounding neighborhood to which it is being
moved.
730.2 ELECTRICAL CONNECTION REQUIREMENTS
In every case in which a permit shall be issued as herein provided, for the removal required
or the displacement of any overhead electrical or other wires, it shall be the duty of the
person, association, or corporation owning, operating, or controlling such wires to remove or
displace the same, so far as the same may be necessary to effect the removal thereof, shall be
authorized by such permit.
The person to whom said permit shall have been issued shall notify the person, association,
or corporation owning, operating, or controlling said wire to remove or displace the same to
facilitate the removal of said building, and shall at the same time exhibit to said person,
association, or corporation the properly issued permit authorizing the removal of said wires
sufficiently to allow the passage of said building along the street over which said wires are
suspended.
Any expenses incurred or to be incurred in the moving, removing, or displacing of such wire
shall be paid for by the person who makes application for said permit.
[203]
730.3 APPEAL PROCESS
In the event of a denial of the permit by the Zoning Administrator, the applicant may appeal
the decision to the Board of Adjustment and Appeals, pursuant to Section 502 of this
Ordinance.
[204]
731 RURAL REPAIR GARAGE
731.1 PURPOSE
The intent of this Section is to allow for the general maintenance and repair of the motor
vehicles, machinery, and equipment necessary to support the rural economy.
731.2 GENERAL STANDARDS
1. The retail sale of new or used vehicles, machinery, and equipment is prohibited.
General retail sales are prohibited. Retail sales incidental to repair garage are
allowed. All sales must be clearly incidental to the repair use.
2. A site plan shall be submitted with the conditional use permit application that depicts
the location and use of all structures and areas to be associated with the repair garage.
All exterior storage areas shall be clearly identified on the site plan.
3. All structures and grounds shall be maintained in an orderly, clean, and safe manner.
4. When adjacent to non-agricultural districts, the facility shall be fully screened from
view along the district boundary. Screening barriers shall consist of existing natural
screening and/or supplied screening. Existing natural screening must be maintained.
Supplied screening consists of native plantings, berms, and fences. Screening with
berms shall be stabilized with native vegetative cover. Natural screening shall be
established at a minimum height of four (4) feet, which shall be increased to at least
six (6) feet in height within three (3) years of establishment. Supplied screening shall
be established at a minimum height of six (6) feet.
5. Adequate parking for employees and customers shall be provided onsite and shall
comply with Section 726 of this Ordinance.
6. All signage shall comply with Section 735 of this Ordinance.
7. Repair garages shall comply with all applicable federal, state, and county rules and
regulations.
8. The repair garage must be accessory to the principal dwelling on the property.
9. A minimum lot size of three and one half (3½) acres shall be required.
10. The maximum floor use area, including interior and exterior areas, shall not exceed
twenty (20) percent of the property, or a maximum of eighty thousand (80,000)
square feet.
11. Repair facilities shall be setback a minimum of five hundred (500) feet from existing
dwellings and seven hundred (700) feet from any non-agricultural zoning district.
[205]
12. The number of employees shall be limited to six (6). This requirement shall not apply
to the occupants of the property on which the facility is located.
731.3 EXTERIOR STORAGE
1. Exterior storage is limited to only those which are presently undergoing or awaiting
repair. Such exterior storage is limited in duration to no more than one hundred
eighty (180) days. Interior storage is allowed and may exceed one hundred eighty
(180) days.
2. Existing repair facilities shall comply with this requirement within one hundred
eighty (180) days of the effective date of this Ordinance.
731.4 WASTE
1. Any waste generated by the repair garage shall be disposed of according to the
Nicollet County Solid Waste Ordinance and Minnesota Pollution Control Agency
Rules Chapter 7035, as amended.
2. Any hazardous materials kept onsite shall be properly stored. Such materials shall
not be stored externally, but shall be stored within a structure or building. An
emergency response plan shall be submitted to the Zoning Administrator and the local
fire department.
3. All buildings used in conjunction with the repair garage that generate or discharge
domestic or business waste and graywater must comply with the Nicollet County
Solid Waste Ordinance and Minnesota Pollution Control Rules Chapter 7080 through
7083, as amended.
4. A waste disposal plan must be submitted at the time of application.
[206]
732 SCREENING, LANDSCAPING, AND MAINTENANCE
732.1 SCREENING IN RESIDENTIAL ZONING DISTRICTS
1. Screening shall be required in residential zones where:
A. Any off-street parking area contains more than four (4) parking spaces and is
within thirty (30) feet of an adjoining residential zone.
B. Where the driveway to a parking area of more than six (6) parking spaces is
within fifteen (15) feet of an adjoining residential use or zone.
2. 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 located across the street from a residential zone,
but not on that side of a business or industry considered to be the front.
3. All exterior storage shall be screened. The exceptions are:
A. Merchandise being displayed for sale.
B. Materials and equipment presently being used for construction on the premise.
C. Merchandise located on service station pump islands.
4. The screening required in this Section may consist of fences and/or landscaping.
732.2 LANDSCAPING MAINTENANCE
In all districts, all structures and areas requiring landscaping and fences shall be maintained
so as not to be unsightly or present harmful health or safety conditions.
[207]
733 SEASONAL PRODUCE STANDS
733.1 PURPOSE
The purpose of this Section is to set forth standards for the erection and operation of seasonal
produce stands. This Section has been adopted because seasonal produce stands encourage
the greater consumption of fresh fruits and vegetables, thereby improving the nutritional
health of the public and contributing to the quality of life in local communities.
733.2 GENERAL STANDARDS
The following general standards shall apply to seasonal produce stands:
1. Seasonal produce stands are permitted as an accessory use in the Agricultural
Preservation, Conservancy, Urban/Rural Residential, Highway Business, Shoreland,
Special Protection, and Rural Townsite zoning districts.
2. Seasonal produce stands may only sell raw agricultural produce grown on the
property where the stand is located, such as vegetables, fruits, herbs, flowers, plants,
nuts, honey, and eggs. Value added products that are made from raw agricultural
products grown or produced on site, such as jams, jellies, oils, vinegars, and cheeses,
may also be sold at seasonal produce stands. No more than (20) percent of the
seasonal produce stand’s produce or products shall be grown offsite.
3. The owner of the property, if not the same as the produce vendor, shall give written
permission to the vendor for the temporary use of their property, a copy of which may
be requested by the Zoning Administrator at any time for verification purposes.
4. A site plan shall be submitted that depicts all existing and proposed structures,
signage, parking, and access points. The site plan shall be reviewed and approved by
the Zoning Administrator prior to the erection of any structure or signage, or the
preparation of the property for use as a location of a seasonal produce stand.
5. One stand shall be allowed per property. The property must be a legal conforming lot
that is in compliance with all other zoning regulations.
6. Seasonal produce stands shall not exceed a combined floor area of one thousand six
hundred (1,600) square feet. The walls of stands shall not exceed ten (10) feet in
height.
7. All structures, including temporary structures, shall meet the minimum setback
requirements of the district in which it is located.
8. Seasonal produce stands shall only operate from the first day of May to the first day
of December.
[208]
9. Hours of operation shall be from one-half (0.5) hour after sunrise to one-half (0.5)
hour after sunset.
10. Access to the stand shall be from a roadway and must be approved by the road
authority and/or the County Engineer.
11. Adequate and safe off-street parking shall be provided outside the road right-of-way
and on the same property where the stand is located. Parking shall conform to the
standards in this Ordinance.
12. Signage is only allowed on the stand. One nameplate sign, not to exceed the
maximum size requirements for the zoning district in which the stand is located, may
be attached to the stand. The sign must be removed during the off-season. No stand
shall have flashing signs or dynamic displays.
13. The produce vendor shall remove and properly dispose of all trash and spoiled
produce on a daily basis.
14. The produce vendor, at the end of the season, must remove all vestige of the
operation, including, but not limited to, canopies, tents, tables, counters, coolers,
trailers, and signs, within two (2) weeks following the termination of the use.
Produce stand operations that do not comply with this standard shall be subject to
enforcement action.
15. The use shall comply with all applicable federal, state, and county rules and
regulations.
[209]
734 SEWAGE AND WASTEWATER TREATMENT
734.1 PURPOSE AND AUTHORITY
1. Purpose
The purpose of this Section is to establish minimum requirements for regulation of
ISTS and MSTS for the treatment and dispersal of sewage within the applicable
jurisdiction of Nicollet County to protect public health and safety, groundwater
quality, and prevent or eliminate the development of public nuisances. It is intended
to serve the best interests of the County’s citizens by protecting its health, safety,
general welfare, and natural resources. It establishes:
A. Minimum standards for and regulation of individual sewage treatment systems
(ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS)
(collectively referred to as SSTS) in unsewered incorporated and
unincorporated areas of the County incorporating by reference minimum
standards established by Minnesota statutes and administrative rules of the
Minnesota Pollution Control Agency,
B. Requirements for issuing permits for installation, alteration, repair or
expansion of SSTS,
C. Requirements for all SSTS permitted under the revised Minnesota Rules,
Chapters 7080 and 7081 to be operated under an approved management plan,
D. Standards for upgrade, repair, replacement, or abandonment of SSTS,
E. Penalties for failure to comply with these provisions,
F. Provisions for enforcement of these requirements, and
G. Standards which promote the health, safety and welfare of the public as
reflected in Minnesota Statutes Sections 115.55, 145A.05, 375.51, 394.21394.37, and 471.82, the County Comprehensive Plan and the County Zoning
and Shoreland Ordinances, as amended.
2. Intent
It is intended by Nicollet County that this Section will promote the following:
A. The protection of lakes, rivers and streams, wetlands, and groundwater in
Nicollet County essential to the promotion of public health, safety, welfare,
socioeconomic growth and development of the County.
[210]
B. The regulation of proper SSTS construction, reconstruction, repair and
maintenance to prevent the entry and migration of contaminants, thereby
protecting the degradation of surface water and groundwater quality.
C. The establishment of minimum standards for SSTS placement, design,
construction, reconstruction, repair and maintenance to prevent contamination
and, if contamination is discovered, the identification and control of its
consequences and the abatement of its source and migration.
D. The appropriate utilization of privy vaults and other non-water carried sewage
collection and storage facilities.
E. The provision of technical assistance and education, plan review, inspections,
SSTS surveys and complaint investigations to prevent and control water-borne
diseases, lake degradation, groundwater related hazards, and public nuisance
conditions.
3. Authority
This Section is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota
Statutes, Sections 145A.01 through 145A.08; Minnesota Statutes, Section 375.51; or
successor statutes, Minnesota Rules, Chapter 7080, Chapter 7081, and Chapter 7082;
or successor rules, as amended.
734.2 GENERAL PROVISIONS
1. Scope
This Ordinance regulates the siting, design, installation, alterations, operation,
maintenance, monitoring, and management of all SSTS within the County’s
applicable jurisdiction including, but not necessarily limited to individual SSTS,
cluster or community SSTS, privy vaults, and other non-water carried SSTS. 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 Ordinance or by a sewage treatment system
that has been permitted by the MPCA.
2. Jurisdiction
The jurisdiction of this Ordinance shall include all lands of the County except for
incorporated areas that administer a Subsurface Sewage Treatment System (SSTS)
program by Ordinance within their incorporated jurisdiction, which is at least as strict
as this Ordinance and has been approved by the County. The County shall keep a
current list of local jurisdictions within the County administering a SSTS program.
[211]
734.3 ADMINISTRATION
1. County Administration
The Nicollet County Property Services Division shall administer the SSTS program
and all provisions of this Ordinance. At appropriate times, the County shall review
this Ordinance and revise, and update this Ordinance as necessary. The County shall
employ or retain under contract qualified and appropriately licensed professionals to
administer and operate the SSTS program.
2. State of Minnesota
Where a single SSTS or group of SSTS under single ownership within one-half mile
of each other, have a design flow or combined design flow greater than ten thousand
(10,000) gallons per day, the owner or owners shall make application for and obtain a
State Disposal System permit from MPCA. For any SSTS that has a measured daily
flow for a consecutive seven-day period which equals or exceeds ten thousand
(10,000) gallons per day, a State Disposal System permit is required.
SSTS serving establishments or facilities licensed or otherwise regulated by the State
shall conform to the requirements of this Ordinance.
3. Cities and Townships
Any jurisdiction within the County that regulates SSTS shall comply with the
standards and requirements of this Ordinance. The standards and ordinance of the
jurisdiction may be administratively and technically more restrictive than this
Ordinance.
734.4 GENERAL REQUIREMENTS
1. Retroactivity
A. All SSTS
Except as explicitly set forth in Section 734.4(1.B), all provisions of this
Ordinance shall apply to any SSTS regardless of the date it was originally
permitted or installed.
B. Existing Permits
Permits which were issued prior to the effective date shall remain valid under
the terms and conditions of the original permit until the original expiration
date or until a change in system ownership whichever is earlier.
[212]
C. SSTS on Lots Created After January 23, 1996
All lots created after January 23, 1996 shall have a minimum of two soil
treatment and dispersal areas that can support Type I trenches, seepage beds,
mounds, and at-grade systems as described in Minnesota Rules, Chapters
7080. 2200 through 7080.2230 and 7080.2260, as amended; or site conditions
described in 7081.0270, Subp. 3 through 7 with a minimum of a 600 gallons
per day design flow size.
D. Existing SSTS without Permits
A Compliance Inspection shall be conducted if the County or assigned agent
deems appropriate, such as, upon receiving a complaint or other information
of system failure. All complaints shall include contact information from the
complainant. Complainant information is considered private data as regulated
by The Privacy Act of 1974 (5 U.S.C § 552a) and the Freedom of Information
Act (5 U.S.C § 552).
2. Upgrade, Repair, Replacement, and Abandonment
A. SSTS Capacity Expansions
Expansion of an existing SSTS shall include any system upgrades that are
necessary to bring the entire system into compliance with the prevailing
provisions of this Ordinance at the time of the expansion.
B. Bedroom Additions
The owner is allowed one (1) year from the date of issuance of a zoning
permit that increases the number of bedrooms to upgrade, repair, replace or
abandon an existing noncompliant system if:
i.
The Department issues a zoning permit to add a bedroom or space that
can be defined as a bedroom or potential bedroom.
ii.
A SSTS inspection is triggered by a bedroom addition permit request;
iii.
The SSTS size does not comply with Minnesota Rules, Chapter
7080.1500, Subp. 4.B.; or
iv.
The SSTS is not determined to be an imminent threat to public health
or safety in accordance with Minnesota Rules, Chapter 7080.1500,
Subp. 4.A.
[213]
C. Failing to Protect Groundwater
A SSTS that is determined not to be protective of groundwater in accordance
with Minnesota Rules, Chapter 7080.1500,Subp.4.B shall be upgraded,
repaired, replaced or abandoned by the owner in accordance with the
provisions of this Ordinance within five (5) years of the date of the inspection
recorded on the Notice of Noncompliance.
D. Imminent Threat to Public Health or Safety
An SSTS that is determined to be an imminent threat to public health or safety
in accordance with Minnesota Rules, Chapter 7080.1500, Subp.4A, shall be
upgraded, repaired, replaced or abandoned by the owner in accordance with
the provisions of this Ordinance within ten (10) months of the date of
inspection recorded on the Notice of Noncompliance. Less time may be
required by the Department based on the time of year or potential threat to
public health and safety.
E. SSTS in Shoreland
Any failing septic system in shoreland, as identified in the Nicollet County
Shoreland Management Ordinance, as amended, shall be brought into
compliance within two (2) years of issuance of a Notice of Noncompliance,
unless a shorter time period is identified in this ordinance or other regulations.
F. Abandonment
All SSTS systems with no future intent for use must be abandoned. Any
SSTS, or any component thereof, which is no longer intended to be used as
part of the SSTS, shall be abandoned in accordance with Minnesota Rules,
Chapter 7080.2500. The person or business abandoning a SSTS must
complete and sign the MPCA “SSTS Abandonment Reporting Form” that
states the SSTS was abandoned according to Minnesota Rules Chapter
7080.2550. The record must be sent to the Department within 30 days of
abandonment.
3. SSTS in Floodplains
SSTS shall not be located in a floodway and wherever possible, location within any
part of 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
Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met.
[214]
4. Class V Injection Wells
All owners of new or replacement SSTS that are considered to be Class V injection
wells, as defined in the Code of Federal Regulations, title 40, part 144, are required
by the Federal Government to submit SSTS inventory information to the
Environmental Protection Agency as described in CFR 40 part 144. Further, owners
are required to identify all Class V injection wells in property transfer disclosures.
5. SSTS Practitioner Licensing
A. No person shall engage in site evaluation, inspection, design, installation,
construction, alteration, extension, repair, maintenance, or pumping of SSTS
without an appropriate and valid license issued by MPCA in accordance with
Minnesota Rules Chapter 7083 except as exempted in 7083.0700. Property
owners shall not be allowed to construct an SSTS for their own dwelling if the
SSTS is required to employ pressurize distribution of effluent, including
mounds, at-grades, pressurized beds, or require pumping of effluent unless
under the direct supervision of a licensed installer. Upon completion of the
SSTS the supervising licensed installer shall submit a certified statement and
as-built to the County. Property owners who wish to construct their own
system under these terms shall also sign an agreement indemnifying
(indemnification agreement) the county against claims due to the failure of the
owner to comply with the provisions of this ordinance and agree to follow all
stipulations of the approved design. The Department shall follow standard
inspection protocol during construction of the SSTS.
B. The person or business abandoning a SSTS must complete and sign the
MPCA “SSTS Abandonment Reporting Form” that states the SSTS was
abandoned according to Minnesota Rules Chapter 7080.2550. The record
must be sent to the Department within thirty (30) days of abandonment.
6. Prohibitions
A. Occupancy or Use of a Building without a Compliant SSTS
It is unlawful for any person to maintain, occupy or use any building intended
for habitation or containing sewage generating devices that does not provide a
sewage treatment system that complies with the provisions of this ordinance.
B. Sewage Discharge to Ground Surface or Surface Water
It is unlawful for any person to construct, maintain, or use any SSTS system
regulated under this Ordinance that results in raw or partially treated
wastewater seeping to the ground surface or flowing into any surface water.
Any surface discharging system shall be permitted under the National
Pollutant Discharge Elimination System program by the MPCA.
[215]
C. Sewage Discharge to a Well or Boring
It is unlawful for any person to discharge raw or treated wastewater into any
well or boring as described in Minnesota Rules, Chapter 4725.2050, or any
other excavation in the ground that is not in compliance with this ordinance.
D. Discharge of Hazardous or Deleterious Materials
It is unlawful for any person to discharge into any treatment system regulated
under this Ordinance any hazardous or deleterious material that adversely
affects the treatment or dispersal performance of the system or groundwater
quality.
7. Sewage Tanks
A. Installation of sewage tanks
All septic tank installation shall meet or exceed Minnesota Rules, Chapter
7080.1900 -7080.2030. All sewage tanks installed shall be registered by the
MPCA or be approved by a State of Minnesota licensed professional engineer.
B. New Structures
The top of sewage tanks shall not be buried deeper than four (4) feet from
final grade for new structures.
C. Existing Structures
Sewage tanks for existing structures may be buried deeper than four (4) feet,
but shall not exceed the tank manufacturer’s registered maximum designed
burial depth for the tank.
D. Minimum depth of cover
If the top of a sewage tank is less than two feet from final grade, the lid of the
tank and maintenance hole covers must be insulated to an R-value of ten (10).
All insulating materials must be resistant to water absorption.
E. All access covers and inspection points must be maintained at or above the
surrounding ground surface for all tanks installed, reused or altered. These
must be brought to compliance at time of installation or alteration.
[216]
734.5 SSTS STANDARDS
1. Standards Adopted by Reference
The County hereby adopts Minnesota Rules, Chapters 7080 and 7081 in their entirety
and technical standards listed in 7080.1710 to 7080.0290 as now constituted and from
time to time amended. This adoption does not supersede the County’s right or ability
to adopt local standards that are in compliance with Minnesota Statute Section
115.55.
2. Amendments to the Adopted Standards
A. Nicollet County More Restrictive Standards
i.
Failing to Protect Groundwater: Failing SSTS shall be upgraded,
repaired, replaced, or abandoned by owner within five (5) years of
date recorded on compliance inspection form. [Section
734.4(2.C)]
ii.
Imminent Threat to Public Health or Safety: SSTS shall be
upgraded, repaired, replaced, or abandoned by the owner within
ten (10) months of date recorded of compliance inspection form.
Less time may be required by the Department based on the time of
year, or potential threat to public health and safety. [Section
734.4(2.D)]
iii.
Any failing septic system in Shoreland shall be brought into
compliance within two (2) years of issuance of a Notice of
Noncompliance, unless a shorter time period is identified in this
ordinance or other regulations. [Section 734.4(2.E)]
iv.
Property owners shall not be allowed to construct an SSTS for
their own dwelling if the SSTS is required to employ pressurize
distribution of effluent, including mounds, at-grades, pressurized
beds, or require pumping of effluent unless under the direct
supervision of a licensed installer. Upon completion of the SSTS
the licensed installer shall submit a certified statement and as-built
to the County. Property owners who wish to construct their own
system under these terms shall also sign an agreement
indemnifying (indemnification agreement) the county against
claims due to the failure of the owner to comply with the
provisions of this ordinance and agree to follow all stipulations of
the approved design. [Section 734.4(5.A)]
[217]
v.
An owner of an SSTS shall abandon or supervise the abandonment
of all components of the treatment system within thirty (30) days
of a replacement system installation, or to resolve a notice of
noncompliance for an unoccupied building or when the system is
not intended for future use. All septic system abandonment reports
shall be signed and submitted to the Department by the person or
business abandoning the system within thirty (30) days following
abandonment. [Section 734.4(5.B), Section 734.6(4.B)]
vi.
When property is sold or transferred it shall be required that the
seller/transferor provide the buyer/transferee a valid completed and
legally signed MPCA Compliance Inspection Form for existing
SSTS. If a valid compliance inspection report is not provided by
the seller/transferor to the buyer/transferee at the time of closing
(prior to the sale or transfer of the property) it shall become the
buyer’s/transferee’s responsibility to provide the Department with
a septic system inspection report. [Section 734.8(2.D)]
vii.
If a valid compliance inspection report is not provided by the
seller/transferor to the buyer/transferee at the time of closing (prior
to the sale or transfer of the property) it shall become the
buyer’s/transferee’s responsibility to provide the Department with
a septic system inspection report within thirty (30) days following
the recording of the date of deed or contract for the transfer of the
property. If a valid compliance inspection report is not provided to
the Department within this time frame the buyer/transferee shall
bring the SSTS into compliance within ten (10) months of the
recording date of the date of deed or contract for the transfer of the
property as shown through a Certificate of Compliance. [Section
734.8(2.D)]
viii.
Any activity that requires a zoning permit for a dwelling addition,
addition to an attached garage or replacement of any structure
attached to the dwelling, shall require a compliance inspection and
the SSTS be brought into compliance within the time allotted in
this ordinance. [Section 734.6(2.D)]
ix.
Septic system to be installed on fill or disturbed soil shall require at
least two (2) percolation tests and shall require a monitoring and
mitigation plan and an operating permit. A licensed service
provider shall be responsible for monitoring and reporting. The
homeowner is responsible for hiring and retaining the services of a
licensed service provider to monitor and prepare reports to
continue the operating permit. [Section 734.6(2.E)]
[218]
x.
All SSTS existing prior to the effective date of this ordinance, that
would meet the requirements for issuance of an operating permit
under conditions of this ordinance, shall require an operating
permit upon transfer of ownership, replacement, any modification
or expansion that requires a permit, or following any SSTS
enforcement action. [Section 734.6(3.B)]
xi.
An Operating Permit shall be required of all owners of a MSTS, or
any other system deemed by the Department to require operational
oversight. Sewage shall not be discharged to an MSTS until the
Department certifies that the MSTS was installed in substantial
conformance with the approved plans, receives the final record
drawings of the MSTS, and a valid Operating Permit is issued to
the owner. The Operating Permit shall be renewed annually.
[Section 734.6(3.A)]
xii.
Owners of holding tanks shall be required to maintain a valid
contract with a licensed SSTS maintenance business at all times
until which time the holding tank is abandoned unless the owner is
a farmer exempt from licensing under Minnesota Statutes, section
115.56, subdivision 2, paragraph (b), clause (3), with a livestock
operation that generates, stores and land applies liquid manure.
The homeowner is responsible for ensuring that the contract
guarantees the removal of the tank contents before overflow or any
discharge. [Section 734.6(3.B.i.e)]
xiii.
Extensions may be granted up to twelve (12) months if requested
by the applicant before the expiration date of the SSTS zoning
permit. [Section 734.6(2.I)]
xiv.
A compliance inspection shall be required conducted when the
Department deems appropriate, such as upon receiving a complaint
or other information of system malfunction or failure. All
complaints shall include contact information from the complainant.
[Section 734.8(2.C)]
xv.
In lieu of a compliance inspection, the homeowner may sign the
“AGREEMENT TO REPLACE, UPGRADE OR ABANDON A
SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS)”
form agreeing to replace, upgrade or abandon the existing system
within 10 months of the closing date as recorded on The Certificate
of Real Estate Value. [Section 734.8(2.C)]
[219]
xvi.
New, replacement or alteration of systems installed in soils in
which the distribution media is in contact with any of the United
States Department of Agriculture soil textures classified as sand or
loamy sand or soils with a percolation rate of one-hundredth (.01)
to five (5) minutes per inch must employ pressure distribution.
Other parts of Minnesota Rules Chapter, 7080.2260 shall also be
followed as they apply. [Section 734.6(2.E)]
xvii.
Existing systems installed after March 31, 1996 that have no more
than a fifteen (15) percent reduction in this separation distance (a
separation distance no less than thirty and six-tenths (30.6) inches)
to account for settling of sand or soil, normal variation of
separation distance measurements and the interpretation of limiting
layer characteristics may be considered compliant under this
Ordinance. The vertical separation measurement shall be made
outside the area of system influence but in an area of similar soil
and landscape position. A reduction in the separation distance
shall not be applied to privies or systems installed before April 1,
1996 when determining compliance. [Section 734.5(2.C)]
xviii. When holding tanks are to be used for existing single family
dwellings, the owner shall install a remote water reading meter to
continuously record indoor water use. [Section 734.5(2.D.ii.c)]
B. Determination of Hydraulic Loading Rate and SSTS Sizing
i. Table IX from Minnesota Rules, Chapter 7080.2150, Subp.3(E)
entitled “Loading Rates for Determining Bottom Absorption Area for
Trenches and Seepage Beds for Effluent Treatment C and Absorption
Ratios for Determining Mound Absorption Areas Using Detail Soil
Descriptions” and herein adopted by reference shall be used to
determine the hydraulic loading rate and infiltration area for all SSTS
permitted under this ordinance. A minimum of three (3) soil
description locations must be assessed within the area of the proposed
system.
ii. Table IX and Table IXa shall be used to determine loading rates on fill
or disturbed soil. A minimum of two (2) percolation tests shall be
required.
[220]
C. Compliance Criteria for Existing SSTS
SSTS built before April 1, 1996, outside of areas designated as Shoreland
areas, Wellhead Protection areas, or SSTS providing sewage treatment for
food, beverage, or lodging establishments shall have at a minimum, two (2)
feet (twenty-four (24) inches) of vertical separation between the bottom of the
dispersal system and seasonal saturation or bedrock. SSTS build after March
31, 1996, or SSTS located in a Shoreland area, Wellhead Protection area, or
serving a food, beverage, or lodging establishment as defined under
Minnesota Rules, Chapter 7080.1100, Subp. 84 shall have a three-foot vertical
separation between the bottom soil infiltrative surface and the periodically
saturated soil and/or bedrock. Existing systems installed after March 31, 1996
that have no more than a fifteen (15) percent reduction in this separation
distance (a separation distance no less than thirty and six-tenths (30.6) inches)
to account for settling of sand or soil, normal variation of separation distance
measurements and the interpretation of limiting layer characteristics may be
considered compliant under this Ordinance. The vertical separation
measurement shall be made outside the area of system influence but in an area
of similar soil and landscape position. A reduction in the separation distance
shall not be applied to privies or systems installed before March 31, 1996
when determining compliance.
D. Holding Tanks
i. Holding tanks may be allowed for the following applications; as
temporary (no longer than twelve (12) months) replacements for
existing failing SSTS and SSTS that pose an imminent threat to public
health or safety. Holding tanks shall not be allowed for all other
wastewater applications except for the exempted uses listed here:
a) Hunting shacks.
b) Existing single family dwellings as a temporary system.
c) Existing single family dwellings where a soil treatment area
cannot be installed and sewage flow is less than fifty (50)
gallons per day.
d) Existing businesses where a soil treatment area cannot be
installed and sewage flow is less than fifty (50) gallons per day.
e) Farm/machine shops.
f) Level 1 or 2 Home Occupations.
g) Offices for livestock facilities.
[221]
h) Park and playground restrooms.
i) Existing Scout camps.
j) For temporary occupancy before a soil treatment area can be
installed due to adverse soil conditions.
k) Existing automobile service stations bathroom facilities.
ii. Holding tanks, when allowed, shall be used under the following
conditions:
a) The installation of a holding tank shall be in accordance with
Minnesota Rules, Chapter 7080.2290, as amended.
b) The minimum size for a holding tank installation shall be 1000
gallons. All septic tank installation shall meet or exceed
Minnesota Rules, Chapter 7080.1900 – 7080.2030. All sewage
tanks installed shall be registered by the MPCA or be approved
by a State of Minnesota licensed professional engineer.
c) For existing single family dwellings or existing businesses
where a soil treatment area cannot be installed, the owner shall
install a remote water reading meter to continuously record
indoor water use.
d) The owner shall maintain a valid contract with a licensed
maintainer to pump, haul, and dispose of the holding tank
contents. The homeowner is exempt if the homeowner is a
farmer with a livestock operation that generates, stores and
land applies liquid manure, who is exempt from licensing
under Minnesota Statutes, Section 115.56, subdivision 2,
paragraph (b), clause (3), as amended. The homeowner is
responsible for ensuring that the contract guarantees the
removal of the tank contents before overflow or any discharge.
e) The holding tank shall be regularly pumped, on a schedule,
determined by tank volume and water usage before overflow or
any discharge.
[222]
f) The maintainer shall certify each date the holding tank is
pumped, the volume of the liquid waste removed, and report to
the Department by January 15 of the following year for the
previous year’s pumping activities. A report must include if
the holding tank is pumped less frequently than the schedule
agreed upon with the Department or if the tank did not require
pumping during the previous year. This provision shall also
apply to farmers who are exempt under item (d) of this Section.
g) Pumping records shall be submitted to the Department annually
by January 15 of the following year for the previous year’s
pumping activities.
h) Failure to meet any of the above requirements shall be cause
for the holding tank being removed from service and its
abandonment as required in 733.4(2.F) of this ordinance.
3. Variances
A. Variance Requests
Variance requests to deviate from the design flow determination procedures in
Minnesota Rules, Chapter 7081.0110 if the deviation reduces the average
daily estimated flow from greater than ten thousand (10,000) gallons per day
to less than ten thousand (10,000) gallons per day or to provisions in
Minnesota Rules, Chapter 7080.2150, Subp. 2 and 7081.0080, Subp. 2
through 5 regarding the vertical separation required beneath the treatment and
dispersal soil system and saturated soil or bedrock from the required three (3)
feet of unsaturated soil material (except as provided in 7082.1700, Subp. 4D)
shall be approved by MPCA. Variances to wells and water supply lines shall
be approved by the Minnesota Department of Health.
A variance shall be required to install any MSTS, Type IV or Type V system.
The variance shall be approved by the Nicollet County Board of Adjustment
and Appeals prior to construction of the system.
Variances to other aspects within this ordinance follow the variance procedure
outlined in Section 503 of the Nicollet County Ordinance as amended.
4. Additional Standards for Health and Environmental Protection
A. Separation Distances
i. The separation from a well to an SSTS shall be as specified in
M.S.301I, Minnesota Rules Chapter 4725, as amended.
[223]
ii. The separation distances from an SSTS to designated lakes and rivers
shall be as identified in the Nicollet County Zoning and Shoreland
Management Ordinances, as amended.
iii. The separation distance from an SSTS to a Type 3, 4, 5 or 6 wetland
shall be seventy-five (75) feet.
iv. The required setback from a SSTS to a road right-of-way
State Highway
County Road
Township Road
Eighty-five (85) feet
Fifty (50) feet
Thirty-five (35) feet
734.6 SSTS PERMITTING
1. Permit Required
It is unlawful for any person to construct, install, modify, replace, or operate a SSTS
without the appropriate permit from the Department. The issuing of any permit,
variance, or conditional use under the provisions of this ordinance shall not absolve
the applicant of responsibility to obtain any other required permit.
2. Zoning Permit
A SSTS zoning permit shall be obtained by the property owner or an agent of the
property owner from the Department prior to the installation, construction,
replacement, modification, alteration, repair, or capacity expansion of a SSTS. The
purpose of this permit is to ensure that the proposed construction activity is sited,
designed, and constructed in accordance with the provisions of this Ordinance by
appropriately certified and/or licensed practitioner(s).
A. Activities Requiring a SSTS Zoning Permit
A SSTS zoning permit is required for installation of a new SSTS, for
replacement of an existing SSTS, or for any repair or replacement of
components that will alter the original function of the system, change the
treatment capacity of the system, change the location of the system, or
otherwise change the original system’s design, layout, function or use.
[224]
B. Activities Not Requiring a SSTS Permit
A SSTS zoning permit is not required for minor repairs or replacements of
system components that do not alter the original function of the system,
change the treatment capacity of the system, change the location of the
system, or otherwise change the original system’s design, layout, function or
use provided the system is not an imminent threat to public health or safety or
failing to protect groundwater. Examples are, but not limited to:
i.
Repair or replacement of the existing sewer pipe from the building to
the septic tank or holding tank. This does not include additional
sources of sewage that would change or alter the original systems
design.
ii.
Repair or replacement of pumps, floats, alarms, or other electrical
components of the system.
iii.
Repair or replacement of baffles in the septic tank. All Baffle
replacements must meet the requirements of 7080.1960.
iv.
Repair or replacement of risers, manhole covers, and inspection pipes
on the septic tank. All replacements must meet the requirements of
Minnesota Rules, Chapter 7080.1900 – 7080.2030. All replacements
shall remain at or above the ground surface upon completion.
v.
Repair, replacement or addition of pressurized lateral cleanouts.
C. SSTS Zoning Permit Required to Obtain Zoning Permit
For any property on which a zoning permit for a new or replacement dwelling
is required, approval and issuance of a SSTS zoning permit shall be obtained
before a zoning or land use permit may be issued by the Department.
D. Conformance to Prevailing Requirements
Any activity that requires a zoning permit for a dwelling addition, addition to
an attached garage or replacement of any structure attached to the dwelling
shall require a compliance inspection and be brought into compliance in the
time allotted in this Ordinance.
E. Permit Application Requirements
SSTS permit applications shall be made on forms provided by the Department
and signed by the applicant. The applications shall include the documents
listed in items (i) through (viii) below:
[225]
i.
Name, mailing address, and telephone number.
ii.
Property Identification Number and address or other description of
property location.
iii.
Site Evaluation Report as described in Minnesota Rules, Chapter
7080.1730.
iv.
Design Report as described in Minnesota Rules, Chapter 7080.2430.
v.
Floor plans for a new or replacement dwelling. Areas that contain
walkouts, egress windows, or rooms that could reasonably be used as
bedrooms shall be counted as bedrooms for the design of the ISTS.
An unfinished basement is considered a minimum of one bedroom.
vi.
Management Plan as described in Minnesota Rules, Chapter
7082.0600.
vii.
Design reports for septic systems to be installed on fill or disturbed
soil shall include at a minimum of two (2) percolation tests and shall
require a monitoring and mitigation plan to be submitted. A licensed
service provider shall be responsible for monitoring and reporting.
The homeowner shall be responsible for submitting a new monitoring
and mitigation plan that identifies any new service provider who will
be responsible for monitoring and preparing reports. Any change of
licensed service provider shall require notification to the Department.
viii.
New, replacement or alteration of systems installed in soils in which
the distribution media is in contact with any of the United States
Department of Agriculture soil textures classified as sand or loamy
sand or soils with a percolation rate of one-tenth (0.1) to five (5)
minutes per inch must employ pressure distribution. Other parts of
Minnesota Rules, Chapter 7080.2260 shall also be followed as they
apply. [Section 733.6(2.E)]
[226]
F. Application Review and Response
The Department shall review a permit application and supporting documents
within fifteen (15) working days from the date of receipt of a satisfactorily
completed application. Upon satisfaction that the proposed work will
conform to the provisions of this Ordinance, the Department shall issue an
electronic permit authorizing construction of the SSTS as designed. In the
event the applicant makes a significant change to the approved application, the
applicant shall file an amended application detailing the changed conditions
for approval prior to initiating or continuing construction, modification, or
operation for approval or denial. The Department shall complete the review
of the amended application within fifteen (15) working days of receipt of the
amended application. If the permit application is incomplete or does not meet
the requirements of this ordinance the Department shall deny the application.
G. Appeal
The applicant may appeal the Department’s decision to deny the SSTS Zoning
Permit in accordance with the County’s established policies and appeal
procedures.
H. Permit Expiration
The SSTS Zoning Permit is valid for a period of no more than one (1) year
from its date of issue. Satisfactory completion of construction shall be
determined by receipt of final as-built and a signed certification that the
construction or installation of the system was completed in reasonable
conformance with the approved design documents by a qualified employee of
the Department or a licensed inspection business, which is authorized by the
Department and independent of the owner and the SSTS installer.
I. Extensions and Renewals
The Department may grant an extension of the SSTS Zoning Permit if the
construction has commenced prior to the original expiration date of the
permit. A permit may be extended for a period of no more than twelve (12)
months beyond the original expiration date.
J. Transferability
A SSTS Zoning Permit shall not be transferred to a new owner. The new
owner shall apply for a new SSTS Zoning Permit in accordance with this
Section.
[227]
K. Suspension or Revocation
The Department may suspend or revoke a SSTS Zoning Permit issued under
this Section for any false statements, misrepresentations of facts on which the
Zoning Permit was issued, or unauthorized changes to the system design that
alter the original function of the system, change the treatment capacity of the
system, change the location of the system, or otherwise change the original
system’s design, layout, or function. A notice of suspension or revocation and
the reasons for the suspension or revocation shall be conveyed in writing to
the permit holder. If suspended or revoked, installation or modification of a
treatment system may not commence or continue until a valid Zoning Permit
is obtained.
3. Operating Permit
A. SSTS Requiring an Operating Permit
An Operating Permit shall be required of all owners of MSTS, Type IV, and
Type V SSTS or any other system deemed by the Department to require
operational oversight. Sewage shall not be discharged to a MSTS, and Type
IV or Type V SSTS until the Department certifies that the MSTS or SSTS was
installed in substantial conformance with the approved plans, receives the
final record drawings of the MSTS or SSTS and a valid Operating Permit is
issued to the owner. The Operating Permit shall be renewed annually.
B. Permit Application Requirements
i.
Application for an Operating Permit shall be made on a form provided
by the Department including:
a) Owner name, Parcel Identification Number, mailing address,
and telephone number.
b) SSTS Zoning Permit reference number and date of issue.
c) Final as-built of the treatment system.
d) Owners of the SSTS shall submit a copy of a valid, executed
monitoring and service contract with a licensed service
provider. The contract shall be maintained at all times until
the SSTS is abandoned or the property is sold or transferred.
[228]
ii.
Monitoring and Service Contract
Owners of the SSTS shall provide to the Department a copy of a valid
monitoring and service contract executed between the owner and
licensed SSTS service provider that meets the requirements for the
applicable components.
iii.
SSTS existing prior to the effective date of this ordinance
All SSTS existing prior to the effective date of this ordinance, that
would meet the requirements for issuance of an operating permit under
conditions of this ordinance, shall require an operating permit upon
transfer of ownership, replacement, any modification or expansion that
requires a permit, or following any SSTS enforcement action and shall
maintain a valid contract with a licensed SSTS service provider at all
times until which time the SSTS is abandoned.
C. Department Response
The Department shall review the as-built, operation and maintenance manual,
management plan, maintenance and servicing contract, and any other pertinent
documents as appropriate for accuracy and completeness. If any deficiencies
are identified, the operating permit shall be denied until the deficiencies are
corrected to the satisfaction of the Department. If the submitted documents
fulfill the requirements and the permit fee is paid, the Department shall issue
an operating permit within ten (10) working days of receipt of the permit
application.
D. Operating Permit Terms and Conditions
The Operating Permit shall include the following:
i.
System performance requirements.
ii.
System operating requirements.
iii.
Monitoring locations, procedures and recording requirements.
iv.
Maintenance requirements and schedules.
v.
Compliance limits and boundaries.
vi.
Reporting requirements.
vii.
Department notification requirements for noncompliant conditions.
[229]
viii.
Valid contract between the owner and a licensed service provider.
ix.
Disclosure, location and condition of the additional soil treatment and
dispersal system site when required.
x.
Descriptions of acceptable and prohibited discharges.
E. Permit Expiration and Renewal
i.
Operating Permits shall be valid for the specific term stated on the
permit as determined by the Department. Permit expiration shall be
sixty (60) days after the property transfer or a change of the named
licensed maintenance business.
ii.
An Operating Permit shall be renewed prior to its expiration. If not
renewed, the Department may require the system to be removed from
service or operated as a holding tank until the permit is renewed. If
not renewed within thirty (30) calendar days of the expiration date, the
County may require that the system be abandoned in accordance with
Section 734.6(4.B) of this Ordinance.
iii.
The Department shall notify the holder of an operating permit at least
thirty (30) calendar days prior to expiration of the permit. The Owner
shall apply for renewal at least thirty (30) calendar days before the
expiration date.
iv.
Application shall be made on a form provided by the Department
including:
a) Applicant name, Parcel Identification Number, mailing
address and phone number.
b) Reference number of previous owner’s operating permit.
c) Any and all outstanding Compliance Monitoring Reports as
required by the Operating Permit.
d) Certified treatment system inspection signed and/or sealed by
a certified designer, maintenance contractor, or operator at the
discretion of the Department.
e) Any revisions made to the operation and maintenance manual.
f) Payment of application review fee as determined by the
Department.
[230]
F. Amendments to Existing Permits not Allowed
The Department may not amend an existing permit to reflect changes in this
Ordinance until the permit term has expired and is renewed, unless an
amendment is necessary to eliminate an imminent threat to public health or
safety.
G. Transfers
The operating permit shall not be transferred. A new owner shall apply for an
operating permit in accordance with Section 734.6(3.B) of this Ordinance.
The Department shall not terminate the current permit until sixty (60) calendar
days after the date of sale unless an imminent threat to public health and
safety exists. To consider the new owner’s application, the Department may
require a performance inspection of the treatment system certified by a
licensed inspector.
H. Suspension or Revocation
i.
The Department may suspend or revoke any operating permit issued
under this Section for any false statements or misrepresentations of
facts on which the Operating Permit was issued.
ii.
Notice of suspension or revocation and the reasons for suspension or
revocation shall be conveyed in writing to the owner.
iii.
If suspended or revoked, the Department may require that the
treatment system be removed from service, operated as a holding tank,
or abandoned in accordance with Section 734.6(B) of this Ordinance.
iv.
Upon satisfactory completion of all requirements, the operating permit
may be reinstated or renewed upon the owner taking appropriate
corrective actions.
I. Compliance Monitoring
i.
Performance monitoring of a SSTS shall be performed by a licensed
service provider hired by the holder of the operating permit in
accordance with the monitoring frequency and parameters stipulated in
the permit. A monitoring report shall be prepared and certified by the
licensed service provider. The report shall be submitted to the
Department on a form provided by or approved by the Department on
or before the compliance reporting date stipulated in the operating
permit. The report shall contain a description of all maintenance and
servicing activities performed since the last compliance monitoring
report as described below:
[231]
a) Owner name and address;
b) Operating Permit number;
c) Average daily flow since last compliance monitoring report;
d) Description of type of maintenance and date performed;
e) Description of samples taken (if required), analytical laboratory
used, and results of analyses;
f) Problems noted with the system and actions proposed or taken
to correct them;
g) Name, signature, and license number of the licensed service
provider who performed the work.
4. Abandonment Certification
A. Purpose
The purpose of the System Abandonment Certification is to ensure that a
treatment system no longer in service is abandoned within a reasonable time
following decommissioning and in a manner that protects public health, safety
and water quality. It also terminates all permits associated with the system.
B. Abandonment Requirements
i.
Whenever the use of a SSTS or any system component is:
a) discontinued as the result of a system repair, modification,
replacement;
b) decommissioned when the system is not intended for future
use;
c) following connection to a municipal or private sanitary sewer;
d) discontinued due to condemnation, abandonment or
demolition of a building served by the system.
Further use of the system or any system component for any purpose
under this Ordinance shall be prohibited and the abandonment of
system component required.
[232]
ii.
Continued use of a treatment tank where the tank is to become an
integral part of a replacement system or a sanitary sewer system
requires a Certificate of Compliance which includes a tank integrity
report.
iii.
A property owner of an SSTS shall ensure the abandonment of all
components of the treatment system within thirty (30) calendar days of
a system being removed from service. Abandonment shall be
completed in accordance with Section 734.4(2) of this Ordinance and
Minnesota Rules, Chapter 7080.2500. Prior notification to the
Department of an owner’s intent to abandon a system is required.
iv.
The person or business abandoning a SSTS must complete and sign
the MPCA “SSTS Abandonment Reporting Form” that states the
SSTS was abandoned according to Minnesota Rules Chapter
7080.2550. The form must be sent to the Department within thirty
(30) days of abandonment. The form shall include:
a) Owner’s name and contact information.
b) Parcel Identification Number or Map Number.
c) Property address.
d) System SSTS zoning permit and operating permit if existing.
e) The reason(s) for abandonment.
f) A brief description of the abandonment methods used,
description of the system components removed or abandoned
in place, and disposition of any materials or residuals.
g) A drawing showing the location of all abandoned tanks.
C. Abandonment Certificate
Upon receipt of an abandonment report the Department will make a
determination that the SSTS has been abandoned according to the
requirements of this Ordinance. The department shall keep on file all records
pertaining to the removal of permitted systems.
[233]
734.7 MANAGEMENT PLANS
1. Purpose
The purpose of management plans is to describe how a particular SSTS is
intended to be operated and maintained to sustain the performance required. The
plan is to be provided by the certified designer to the system owner when the
treatment system is commissioned.
2. Management Plan Requirements
A. SSTS Requiring Management Plans
Management plans are required for all new or replacement SSTS. The
management plan shall be submitted to the Department, with the SSTS zoning
permit application, for review and approval. The Department shall be notified
of any system modifications made during construction and the management
plan revised, if necessary, and resubmitted at the time of final construction
certification. Management plans shall be required for any system requiring a
permit for a repair, modification, or expansion of that system.
B. Required Contents of a Management Plan
Management plans shall include:
i.
Operating requirements describing tasks that the owner can perform
and tasks that a licensed service provider or maintainer shall perform;
ii.
Monitoring requirements;
iii.
Maintenance requirements including maintenance procedures and a
schedule for routine maintenance;
iv.
Statement that the owner is required to notify the Department when the
management plan requirements are not being met;
v.
Disclosure of the location and condition of the additional soil
treatment and dispersal area on the owner’s property or a property
serving the owner’s residence;
vi.
Equipment specifications;
vii.
Emergency operating procedures in the event of a malfunction;
viii.
Troubleshooting guide;
ix.
Other requirements as determined by the Department.
[234]
C. Requirements for Systems not Operated under a Management Plan
SSTS that are not operated under a management plan or operating permit shall
have treatment tanks inspected and provide for the removal of solids if needed
at a minimum frequency of every three years. Solids shall be removed when
their accumulation meets the limit described in Minnesota Rules, Chapter
7080.2450.
734.8 COMPLIANCE MANAGEMENT
1. Public Education Outreach
Programs shall be provided by the Department and/or others to increase public
awareness and knowledge of SSTS. Programs may include distribution of
educational materials through various forms of media and/or SSTS workshops
focusing on SSTS planning, construction, operation, maintenance, and management.
2. Compliance Inspection Program
A. Department Responsibility
It is the responsibility of the Department, or its designated representative, to
perform or require various SSTS compliance inspections completed
periodically to assure that the requirements of this Ordinance are met.
i.
SSTS compliance inspections shall be performed:
a) To determine compliance with applicable requirements.
b) To determine system compliance during the period of
November 1 to April 30, when ground conditions are
prohibitive for conducting compliance inspections, the
inspection may be delayed provided a compliance inspection
is performed before the following June 1 and the inspection is
submitted by the following June 15. The results of the
inspection will determine the compliance status and subsequent
time frames associated with the status.
c) For all new SSTS construction or replacement.
d) For a determination, evaluation, investigation, inspection,
recommendation, or other process used to prepare a disclosure
statement if conducted by a party who is not the SSTS owner.
Such an inspection constitutes a compliance inspection and
shall be conducted in accordance with Minnesota Rules,
Chapter 7082.0700 using the SSTS inspection report forms
provided by MPCA.
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e) All compliance inspections shall be performed and signed by
licensed inspection businesses or qualified department
employees certified as inspectors.
ii.
The Department shall be given access to enter onto a property and into
a residence or private building on said property at any reasonable time
to inspect and/or monitor the SSTS system after first obtaining consent
to enter from the owner of the property.
iii.
No person shall hinder or otherwise interfere with the Department’s
employees or their agents in the performance of their duties and
responsibilities pursuant to this ordinance. Refusal to allow reasonable
access to the property by the Department shall be deemed a separate
and distinct offense and court costs and/or attorney’s fees shall be paid
by the property owner.
B. New Construction or Replacement
i.
Compliance inspections shall be performed on new or replacement
SSTS to determine compliance with Minnesota Rules, Chapters 7080
or 7081. SSTS found not to be in compliance with Minnesota Rules,
Chapter 7080.1500, Subp. 4A or 7081.0080, Subp. 3 shall be repaired
or replaced within ten (10) months or as directed under Minnesota
Statutes, Chapter 145A. SSTS that are determined to have operation
or monitoring deficiencies shall immediately be maintained, monitored
or otherwise managed according to the operating permit. SSTS found
to be noncompliant with other applicable requirements shall be
repaired or replaced according to the Department’s requirements.
ii.
It is the responsibility of the SSTS owner or the owner’s agent to
notify the Department one (1) business day prior to any permitted
work on the SSTS. If the permittee or installer provides proper notice
as previously defined and the Department does not appear for an
inspection within two (2) hours after the time set for the inspection, the
permittee or installer may complete the installation. The installer shall
then submit a signed as-built and photographs of the SSTS prior to
covering, to the Department within fifteen (15) calendar days after
completion of the installation. The as-built shall include a signed
certified statement that the work was completed in accordance with
submitted and approved design and permit conditions
iii.
The installer shall notify the Department prior to completion and
covering of the SSTS. The installation and construction of the SSTS
shall be in accordance with the permit requirements and application
design. Proposals to alter the permitted construction/design shall be
reviewed and the proposed change approved by the Department prior
to construction.
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iv.
Inspections shall be conducted at least once during the construction of
the SSTS at such time as to assure that the system has been/is being
constructed as per submitted and approved design. Inspections shall
occur during the installation of perforated laterals in pressurized SSTS
or when approximately fifty (50) percent of the trench type system has
been constructed. If the installer is unable to complete the installation
of the SSTS by the following day, it shall be the responsibility of the
installer to notify the Department one (1) day prior to resuming
construction of the SSTS. If any component is covered before being
inspected by the Department, it shall be uncovered upon the direction
of the Department. Septic tanks shall remain uncovered to the extent
that tank size and its manufacturer can be determined. If the entire soil
treatment area has been constructed and covered the SSTS shall be
deemed an existing system and the homeowner shall contact a licensed
inspector, independent of the installer, to conduct a compliance
inspection of the SSTS, at the homeowner’s expense. The installer
shall be in violation of this ordinance and Minnesota Rules Chapter
7083.0760 and shall be subject to enforcement action.
v.
The Certificate of Compliance for new SSTS construction or
replacement, which shall be valid for five (5) years from the issuance
date of the certificate, shall be issued by the Department if the
Department has reasonable assurance that the system was built in
accordance with the applicable requirements as specified in the SSTS
zoning permit unless the Department finds evidence of
noncompliance.
vi.
The Certificate of Compliance shall include a certified statement by
the certified inspector or qualified employee who conducted the
inspection that the SSTS is or is not in compliance with the ordinance
requirements. If the SSTS is determined not to be in compliance with
the applicable requirements, a notice of noncompliance shall be issued
to the owner which includes a statement specifying those ordinance
provisions with which the SSTS does not comply. The Certificate of
Compliance shall also include an as-built and certified statement from
the SSTS installer.
vii.
The installer shall submit an as-built and certified statement to the
Department no later than fifteen (15) calendar days after the date the
inspection was performed or installation of the SSTS was completed.
The Department shall deliver the Certificate of Compliance or Notice
of Noncompliance to the owner or the owner’s agent within fifteen
(15) calendar days of receipt of the as-built and certified statement
from the certified inspector.
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C. Existing Systems
i.
Compliance inspections shall be required when any of the following
conditions occur:
a) When a SSTS zoning permit is required to repair, modify, or
upgrade an existing system.
b) Any time there is an expansion of use of the building being
served by an existing SSTS which may impact the performance
of the system.
c) Any time there is a change in use of the property being served
by an existing SSTS which may impact the performance of the
system.
d) At the time of or prior to the sale or transfer of property after
May 13, 1997.
e) Prior to issuance of a zoning permit for a dwelling addition,
addition to an attached garage or replacement of any structure
attached to the dwelling.
f) The owner is allowed one (1) year from the date of issuance of
a bedroom addition permit to upgrade, repair, replace or
abandon an existing noncompliant system unless it is an
Imminent Threat to Public Health or Safety.
g) Anytime the Department deems appropriate such as upon
receiving a complaint or other information of system
malfunction or failure. All complaints shall include contact
information from the complainant.
h) In lieu of a compliance inspection, the homeowner may sign
the “AGREEMENT TO REPLACE, UPGRADE OR
ABANDON A SUBSURFACE SEWAGE TREATMENT
SYSTEM (SSTS)” form agreeing to replace, upgrade or
abandon the existing system within ten (10) months of the
closing date as recorded on The Certificate of Real Estate
Value (CRV).
i) Prior to issuance of a Conditional Use Permit (CUP) or
Variance.
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j) A compliance inspection is not required prior to issuance of a
zoning permit in a non-shoreland area if the SSTS has been
permitted by the County, has a current Certificate of
Compliance or was constructed within the last ten (10) years
unless the zoning permit is for a replacement dwelling or
bedroom addition.
ii.
If a compliance inspection is required between November 1st and
April 1st and cannot be performed due to frozen soil conditions, it
shall be completed by the following June 1st. The applicant or
contractor shall supply the County with the compliance inspection no
later than June 15 of that year.
iii.
Compliance inspections of existing SSTS shall be reported on the
inspection report forms provided by the MPCA. The following
conditions shall be assessed, or verified:
a) Water-tightness assessment of all treatment tanks including a
tank integrity and safety report;
b) Vertical separation distance between the bottom of the soil
treatment and dispersal system and the periodically saturated
soil or bedrock including a vertical separation verification
report;
c) Sewage backup, surface seepage or surface discharge including
a hydraulic performance report.
iv.
The Certificate of Compliance shall include a certified statement by a
Qualified Employee or licensed inspection business, indicating
whether the SSTS is in compliance with the ordinance requirements.
If the SSTS is determined not to be in compliance with the applicable
requirements, a Notice of Noncompliance shall include a statement
specifying those ordinance provisions with which the SSTS does not
comply.
v.
The Certificate of Compliance or Notice of Noncompliance shall be
submitted to the Department and the owner within fifteen (15)
calendar days after the date the inspection was performed. The
Department shall deliver any notice of noncompliance to the owner or
the owner’s agent within fifteen (15) calendar days of receipt from the
licensed inspection business.
vi.
Certificates of compliance for existing SSTS shall remain valid for
three (3) years from the date of issuance unless the Department finds
evidence of noncompliance.
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vii.
Notice of Noncompliance as an “Imminent Threat to Public Health and
Safety” shall be brought into compliance within ten (10) months of the
date of inspection unless a shorter timeframe is deemed necessary by
the department in writing.
viii.
Notice of Noncompliance stemming from an inspection required by
the issuance of a zoning permit to add space that can be defined as a
bedroom or potential bedroom shall be brought into compliance within
one (1) year of the permit application unless the noncompliance is an
“Imminent Threat to Public Health” then the system must brought into
compliance within Ten (10) months.
ix.
Notice of Noncompliance as a “Failure to Protect Groundwater” in a
shoreland area shall be required to be brought into compliance within
two (2) year of the date of the inspection unless the Department finds
evidence of noncompliance as an “Imminent Threat to Public Health
and Safety” and a shorter timeframe is deemed necessary by the
department in writing.
x.
Notice of Noncompliance as a “Failure to Protect Groundwater” in a
NON- shoreland area shall be required to be brought into compliance
within five (5) year of the date of the inspection unless the Department
finds evidence of noncompliance as an “Imminent Threat to Public
Health and Safety” and a shorter timeframe is deemed necessary by
the department in writing.
D. Sale or Transfer of Properties with Existing SSTS
i.
Whenever a conveyance of land upon which a dwelling is located, or
a tract of land upon which a structure that is required to have an SSTS
occurs, the following requirements shall be met:
a) A compliance inspection has been performed and a Certificate
of Compliance has been issued within three (3) years for SSTS
older than five (5) years or within five (5) years of installation
if the system is less than five (5) years old prior to the intended
sale or transfer of the property unless evidence is found
identifying an Imminent Threat to Public Health and Safety.
b) The compliance inspection shall have been performed by a
qualified employee of a licensed inspection business following
procedures described in Section 734.8(2.C) of this ordinance.
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c) When property is sold or transferred it shall be required that the
seller/transferor provide the buyer/transferee a valid, completed
and legally signed MPCA Compliance Inspection Form for
existing SSTS. If a valid compliance inspection report is not
provided by the seller/transferor to the buyer/transferee at the
time of closing (prior to the sale or transfer of the property) it
shall become the buyer’s/transferee’s responsibility to provide
the Department with a compliance inspection report.
d) If the seller/transferor fails to provide a valid compliance
inspection report, the buyer/transferor shall assume
responsibility for an inspection of the SSTS to determine
compliance. If the SSTS is determined to be noncompliant, it
shall be the responsibility of the buyer/transferee to bring the
SSTS into compliance as shown through a certificate of
compliance.
e) If a valid compliance inspection report is not provided by the
seller/transferor to the buyer/transferee at the time of closing
(prior to the sale or transfer of the property) it shall become the
buyer’s/transferee’s responsibility to provide the Department
with a compliance inspection report within thirty (30) days
following the recording of the date of deed or contract for the
transfer of the property. If a compliance inspection report is
not provided to the Department within this time frame the
buyer/transferee shall bring the SSTS into compliance within
ten (10) months of the recording date of the date of deed or
contract for the transfer of the property as demonstrated
through a Certificate of Compliance.
f) In lieu of a compliance inspection, the homeowner may sign
the “AGREEMENT TO REPLACE, UPGRADE OR
ABANDON A SUBSURFACE SEWAGE TREATMENT
SYSTEM (SSTS)” form agreeing to replace, upgrade or
abandon the existing system within ten (10) months.
ii.
The compliance portion of the Certificate of Compliance need not be
completed if the sale or transfer involves the following circumstances
(Exempt Transactions):
a) The affected tract of land is without buildings or contains no
dwellings or other buildings with plumbing fixtures;
b) The transfer does not require the filing of a Certificate of Real
Estate Value, as described in Minnesota Statutes, Section
272.115, Subdivision 1;
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c) The sale or transfer completes a contract for deed or purchase
agreement entered into prior to May 13, 1997. This subsection
applies only to the original transferor and transferee on such a
contract;
d) Any dwellings or other buildings that are connected
exclusively to a municipal wastewater treatment system; any
dwellings or other buildings that are located within the
jurisdiction of a County approved agreement requiring
exclusive connection to the wastewater treatment system of any
municipality; or, any dwellings or other buildings that are
connected exclusively to an approved wastewater treatment
facility other than an individual sewage treatment system.
iii.
All property conveyances subject to this ordinance occurring during
the period between November 1 and April 1, when SSTS compliance
cannot be determined due to frozen soil conditions, shall require a
winter agreement, which includes an agreement to complete a
compliance inspection by the following June 1 by a licensed inspection
business.
iv.
Neither the issuance of permits, certificates of compliance, nor notices
of noncompliance as requested or issued shall be construed to
represent a guarantee or warranty of the system's operation or
effectiveness. Such certificates signify that the system in question is
or has been designed and installed in compliance or noncompliance
with the provisions of these standards and regulations.
734.9 ENFORCEMENT
1. State Notification of Violation
In accordance with state law, the Department shall notify the MPCA of any
inspection, installation, design, construction, alteration or repair of an SSTS by a
licensed/certified person or any septage removal by a licensed maintainer that is
performed in violation of the provisions of this Ordinance. The Department shall also
notify the MPCA of any inspection, installation, design, construction, alteration or
repair of an SSTS or removal of any septage by an unlicensed person in violation of
the provisions of this Ordinance.
734.10 DISPUTE RESOLUTION PROCEDURE
The Department shall be the deciding authority involving disputes between SSTS licensed
individuals. If a documented discrepancy arises on the depth of the periodically saturated
soil between licensed businesses for SSTS design or compliances, all disputed parties shall
follow the procedure outlined in Minnesota Rules, Chapter 7082.0700, Subpart 5, as
amended.
[242]
If a dispute on soil verification is between the Department and an SSTS licensee, it shall be at
the licensee’s expense to follow the procedure outlined in Minnesota Rules, Chapter
7082.0700, Subpart 5, as amended.
Appeals shall follow this process:
1. Appeals shall be presented to the Department in writing, including:
i. Property Address
ii. All names involved in dispute
iii. Detailed evidence related to the dispute
iv. Rule reference to support or deny the dispute
v. Perceived resolution or decision of dispute
2. Upon the Department’s decision an individual may appeal that decision to the
Minnesota Pollution Control Agency.
734.11 SEPTAGE DISPOSAL AND TREATMENT
Septage is allowed to be land applied within Nicollet County as regulated by the MPCA.
The following restrictions are placed on the application of septage beyond the regulations
implied and enforced by the MPCA.
1. Land Application Requirements for Septage
A. Separation from Surface Waters
Septage shall not be land spread in designated Shoreland Management Areas
as identified in the Nicollet County Shoreland Management Ordinance.
Separation distances from surface waters, sinkholes, fractured bedrock
outcrops, wetlands and agricultural drainage ditches shall be maintained and
regulated by the MPCA as stated in the Minnesota Pollution Control Agency’s
“Land Application of Septage”.
B. Site Suitability for Septage Application
i.
There may be special requirements if the land application site is within
the boundaries of a wellhead protection area. These requirements are
regulated by the local unit of government with the protection area or
the Minnesota Department of Health. Maintainers must identify
wellhead protections areas and abide by all restrictions set forth.
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ii.
Lands with high potential for exposure are public contact sites,
reclamation sites located in populated areas, turf farms, or plant
nurseries and shall have a waiting period of one (1) year between time
of septage application and public access to the site. Lands with low
potential for exposure are lands with infrequent public use and include
areas such as agricultural land, forests, or reclamation sites located in
an unpopulated area and shall have a waiting period of thirty (30) days
between time of septage application and public access to the site.
iii.
Maintainers are responsible for ensuring that appropriate precautions
are taken to prevent access to sites.
734.12 RECORD KEEPING
The Department shall maintain a current record of all permitted systems. The record shall
contain all permit applications, issued permits, fees assessed, variance requests, certificates
of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports,
design reports, as-built drawings, management plans, maintenance reports, an annual list of
all sewage tanks installed in the county sorted by licensed installation businesses, and other
records relevant to each system.
734.13 ANNUAL REPORT
The Department shall provide an annual report of SSTS permitting activities to MPCA on an
annual basis no later than the deadline set forth in Minnesota Rules, Chapter 7082.0010
Subpart 5, as amended.
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735 SIGNS
All signs hereafter erected or maintained, except official, public, traffic, and street signs,
shall conform to the provision of this Ordinance.
735.1 PURPOSE
The purpose of this Section is to regulate the placement and construction of signs for the
purposes of providing information in an orderly, effective, and safe manner. Restrictions on
the, design, dimensions, and location of signs help to preserve the character of the County, to
protect the public from hazardous and distracting displays, and to create an attractive
environment for the citizens and visitors alike which is conducive to business, industry, and
recreation.
Signs are recognized as accessory uses and are permitted in all districts subject to the
regulations of this Ordinance. It is not the purpose or intent of this Section to regulate the
content displayed on any sign.
735.2 PERMIT REQUIRED
1. No sign shall be erected, altered, reconstructed, maintained, or moved in the County
without first securing a permit from the County or as part of a conditional use permit
issued pursuant to Section 505 of this Ordinance.
2. If the work authorized under a sign permit has not been completed within twelve (12)
months after the date of issuance, the permit shall become null and void.
735.3 EXEMPTED SIGNS
The following signs shall not require a permit:
1. Signs for a dwelling that are less than one (1) square foot in size.
2. Public signs, street signs, warning signs, railroad crossing signs, signs of public
service companies for the purpose of public safety, or any other signs authorized by
the responsible road authority or public entity.
3. Emergency signs required by any governmental agency.
4. Private traffic circulation signs and traffic warning signs in alleys, parking lots, or in
other hazardous situations may be allowed on private property provided that such
individual signs do not exceed three (3) square feet and are utilized exclusively for
purposes intended.
5. Names of buildings, dates of erection, commemorative tablets, and the like, when
carved into stone, concrete, or similar materials or made of bronze, steel, aluminum,
or other permanent type of construction and made an integral part of the structure.
[245]
6. Signs on private property denoting “Private Property”, “No Trespassing”, “No
Hunting”, or similar messages.
7. Interior signs, provided that such signs are not flashing signs and do not interfere with
any traffic control sign or signal, or otherwise pose a threat to public safety.
8. Elections signs are governed by Minnesota State Statute 211 and subsequent
amendments thereto.
735.4 PROHIBITED SIGNS
The following signs shall be prohibited in all zoning districts within this Ordinance:
1. No sign shall be erected that is a hazard to the public health, safety, or welfare; that
obstructs any window, door, fire escape, stairway, or opening intended to provide
light, air, ingress, or egress of any building or structure; that tends to accumulate
debris as a fire hazard; or that is attached to a standpipe or fire escape.
2. No sign shall be erected that, by reason of position, shape, movement, color, or any
other characteristic, interferes with the proper functioning of a traffic sign or signal, is
misleading to vehicular traffic, or otherwise constitutes a traffic hazard.
3. Private signs, other than public utility warning signs, are prohibited within public
rights-of-way and easements or on any other public property.
4. No private sign shall be erected that resembles any official marker erected by a
government agency.
5. Signs shall not be painted directly on the outside wall of a building/structure. Signs
shall not be painted on a fence, tree, stone, or other similar objects in any district.
Signs shall not be painted on any road within the County.
6. Signs shall not be painted on vehicles where the vehicle is parked on a property and
not intended to be moved for a period of two (2) days or longer. Signs affixed to
vehicles where the sign is incidental to the use of the vehicle are not prohibited. At
all times, vehicles containing signs shall not be parked within the right-of-way.
7. Signs painted, attached by adhesive, or otherwise attached directly to a building.
8. Flashing signs, roof signs, rotating signs, revolving signs, moving signs, and signs
attached to utility poles.
9. Signs containing revolving beacons and search lights.
10. No sign that exceeds one hundred (100) square feet in area shall be erected or
maintained which would:
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A. Prevent any traveler on any street from obtaining a clear view of approaching
vehicles on the same street from a distance of five hundred (500) feet.
B. Be closer than one hundred (100) feet to residential structures.
C. Partly or totally obstruct the view of a lake, river, rocks, wooded area, stream,
or other point of natural and scenic beauty.
11. Off-premises signs will be prohibited in the following zoning districts: Agricultural
Preservation, Conservancy, Shoreland, Special Protection, Rural Townsite,
Urban/Rural Residential, Multi-Family Urban, General Business, and Highway
Business.
735.5 SIGNS LOCATED ALONG STATE AND FEDERAL HIGHWAYS
The Minnesota State Statute (Chapter 173), as amended, regulating advertising signs/devices
along State Highways shall take precedence in such case where they are more restrictive than
the regulations of this Ordinance. When a permit from the Minnesota Department of
Transportation is required, it shall be obtained prior to issuance of a sign permit being issued
in the County and a copy shall be attached to the application for a sign permit.
735.6 GENERAL STANDARDS
1. Awning, Canopy, and Marquee Signs
Any sign painted, mounted, constructed, or attached in any manner, on an awning,
canopy, or marquee shall meet the following requirements:
A. Awning, canopy, and marquee signs shall not project into the public right-ofway.
B. No part of any awning, canopy, and marquee sign shall be less than nine (9)
feet above the sidewalk or the ground level.
C. No part of any awning, canopy, or marquee sign shall exceed in height the
highest point of the awning, canopy, or marquee to which it is affixed.
2. Dynamic Displays
A. The images and messages displayed must be static, and the transition from
one static display to another must be direct and immediate without any special
effects.
B. Each image and message displayed must be complete in itself, and may not
continue on the subsequent one.
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C. Each image and message displayed must remain constant for at least twelve
(12) seconds before changing to the next one.
D. There shall be at least a one thousand (1,000) foot distance between any two
dynamic signs.
E. Shall not be located within one thousand (1,000) feet of any residential zoning
district.
3. Electrical Signs
All signs and displays using electric power shall be installed in accordance with the
current State of Minnesota Electrical Code and shall have a cutoff switch on the
outside of the sign and the outside of the building or structure to which the sign is
attached.
4. Illuminated Signs
A. Illuminated signs shall be constructed and maintained so as not to direct light
onto adjacent property, or onto public right-of-ways.
B. Signs shall not be illuminated beyond any lot line.
C. Lighting systems owned or controlled by any public agency, for the purpose
of directing or controlling navigation, traffic, or for highway or street
illumination shall be permitted.
5. Projecting Signs
A. No projecting sign shall extend more than (2) feet above the roof line of the
building or structure to which it is affixed.
B. No part of any projecting sign, other than structural supports, shall be less
than nine (9) feet above the sidewalk or the ground level
C. No projecting sign, or structural supports for a projecting sign, shall extend
more than six (6) feet from the building to which it is attached.
D. All projecting signs for which a permit is required shall be constructed
entirely of fire resistant materials approved by the Fire Marshal for this
purpose.
E. All metal supports and braces shall be galvanized or be of corrosive resistant
material.
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6. Pylon Signs
No part of any pylon sign shall project over any building or structure.
7. Required Marking On Signs
All signs shall have printed in a visible place, in letters not less than one (1) inch in
height: the date of issuance, the permit number, and voltage of any electrical devices
used in connection therewith. Additionally, every advertising sign erected under the
provisions of this Ordinance shall be plainly marked with the name of the person, or
firm, erecting such sign.
8. Wall Signs
A. Signs attached to exterior walls of solid masonry or concrete shall be safely
and securely attached to the same by means of metal anchors, bolts or
expansion screws, or a method supported by a building official.
B. No wooden blocks or anchorage with wood used in connection with screws or
nails shall be considered proper anchorage, except in the case of wall signs
attached to buildings with walls made of wood.
C. No wall sign shall be entirely supported by an un-braced parapet wall.
D. No wall sign shall extend in height above the roof line of the building to
which the sign is affixed.
735.7 DISTRICT STANDARDS
Off-premises signs will be prohibited in the following zoning districts: Agricultural
Preservation, Conservancy, Shoreland, Special Protection, Rural Townsite, Urban/Rural
Residential, Multi-Family Urban, General Business, and Highway Business.
1. Agricultural, Conservancy, Shoreland, Floodplain, and Special Protection Districts
A. Surfaces
No sign shall be constructed as to have more than two (2) surfaces. Multifaced signs shall not exceed two (2) times the allowed square footage of single
faced signs.
B. Number per property
Two (2) signs per property, excluding exempted signs.
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C. Size
Not more than a total of twenty (20) square feet with a five (5) foot maximum
for any dimension.
D. Height
No sign shall exceed ten (10) feet above grade.
E. Setbacks
i. Any sign over two (2) square feet shall be set back at least ten (10) feet
from any lot line or right-of-way.
ii. In no case shall any part of a sign be closer than ten (10) feet to a
vertical line drawn at the property line.
2. Urban/Rural and Multi-Family Residential and Rural Townsite Districts
A. Surfaces
No sign shall be constructed as to have more than two (2) surfaces. Multifaced signs shall not exceed two (2) times the allowed square footage of single
faced signs.
B. Number per property
One (1) sign per property, excluding exempted signs.
C. Size
Not more than a total of sixteen (16) square feet with a four (4) foot maximum
for any dimension.
D. Height
No sign shall exceed eight (8) feet above grade.
E. Setbacks
i. Any sign over one (1) square foot shall be set back at least ten (10)
feet from any lot line or right-of-way.
ii. In no case shall any part of a sign be closer than ten (10) feet to a
vertical line drawn at the property line.
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3. General and Highway Business Districts
A. Number per frontage
One (1) sign per business per frontage, excluding exempted signs.
B. Size
i. Except as provided herein, the total square footage of sign area for
each lot shall not exceed three (3) square feet of sign area for each
lineal foot of lot frontage, except where a location is a corner lot, the
amount may be increased by one and one-half (1½) square feet of sign
area per front foot of public right-of-way along a side lot line.
ii. No sign shall exceed six hundred (600) square feet in area.
C. Height
No sign shall exceed thirty-five (35) feet in height above average ground
level.
D. Setbacks
i. No part of a sign will be closer than ten (10) feet to a vertical line
drawn at a property line or right-of-way.
ii. All signs over one hundred (100) square feet shall be set back at least
fifty (50) feet from any residential or agricultural district.
iii. No dynamic sign shall be located within one thousand (1,000) feet of
any residential zoning district.
4. Limited and General Industry Districts
A. Number per frontage
One (1) sign per business per frontage, excluding exempted signs.
B. Size
i. Except as provided herein, the total square footage of sign area for
each lot shall not exceed five (5) square feet for each lineal foot of lot
frontage, except where a location is a corner lot, the amount may be
increased by one and one-half (1½) square feet of sign area per front
foot of public right-of-way along a side lot line.
[251]
ii. No sign shall exceed six hundred (600) square feet in area.
C. Height
No sign shall exceed forty-five (45) feet in height above average ground level.
D. Setbacks
i. No part of a sign will be closer than ten (10) feet to a vertical line
drawn at a property line or right-of-way.
ii. All signs over one hundred (100) square feet shall be set back at least
fifty (50) feet from any residential or agricultural district.
iii. No dynamic sign shall be located within one thousand (1,000) feet of
any residential zoning district.
735.8 SIGN MAINTENANCE
1. All signs shall be maintained by the owner in a safe, presentable, and sound structural
condition at all times. Maintenance shall include painting, cleaning, and replacement
or repair of defective or vandalized parts.
2. The owner of any sign shall be required to have such a sign properly painted at least
once every two (2) years, if needed, including all parts and supports of the sign,
unless such parts or supports are galvanized or otherwise treated to prevent rust.
3. The owner, or lessee of any sign, or the owner or lessee of the land on which the sign
is located, shall keep the grass, weeds, and/or other growth cut and the area free from
refuse and debris between the sign and the public right-of-way and also for a distance
of six (6) feet behind and at the ends of said sign.
735.9 CONFORMING SIGN VIOLATIONS
If two or more conforming signs erected before the date of enactment of this Ordinance are in
violation of the spacing requirements as herein provided, the Zoning Administrator shall
notify the owners of such devices and give such owners full opportunity to be heard. The
Zoning Administrator shall thereafter make a finding as to the date of erection of each of the
devices. The device or devices last erected shall be deemed nonconforming and shall be
removed by the owner or owners within a period that is sufficient for amortization of the
investment.
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735.10 OBSOLETE SIGNS
On-premise and off-premise signs shall be removed from a building and property by the
owner of such property within thirty (30) days after termination of the use for which the sign
was intended.
735.11 UNSAFE OR DANGEROUS SIGNS
Any sign which becomes structurally unsafe or endangers the safety of a building or premises
or endangers the public safety shall 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 within ten (10) days after written notification from the Zoning Administrator.
735.12 IMPROVEMENT TO PUBLIC ROADWAYS
Sign permits shall be granted only on the condition that the sign shall be removed at no
expense or claim of damage to any governmental unit should the improvement thereof be
necessary to the reasonable construction, reconstruction, or relocation of any public roadway
or easements necessary thereof.
735.13 SIGN REMOVAL
1. Any sign which is erected or maintained contrary to the provisions of this Ordinance,
or for which no permit has been obtained, or which is abandoned is hereby declared
to be a public nuisance, non-conforming, and illegal. The County may enter upon the
land where the sign is located and may remove and dispose of such sign after a
hearing, as provided by law, and after thirty (30) days’ notice to the owner and lessee,
if known.
2. No compensation shall be paid for any sign to be removed or disposed of pursuant to
this Section. If the County receives any proceeds from the sign, the County shall first
apply the proceeds to reimburse the County for any expenses incurred, and refund the
remainder to the owner of the sign, if known. Any costs incurred by the County
which are not reimbursed may be assessed against the property upon which the sign
was located as a special assessment.
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736 TELECOMMUNICATION TOWERS
736.1 PURPOSE
The purpose of this Section shall be to establish predictable and balanced regulations that
protect the public, health, safety, and general welfare of the County, these regulations are
intended to:
1. Facilitate the provision of telecommunications services and facilities including
commercial wireless telecommunication services in the County.
2. Minimize adverse visual effects of towers through careful design and siting standards.
3. Avoid potential damage to adjacent properties from tower or antenna failure and
weather related occurrences through structural standards, careful siting, and setback
requirements.
4. Encourage the use of existing towers and buildings to accommodate commercial
wireless telecommunication service antennas in order to minimize the number of
towers needed to serve the County.
736.2 TOWER AND ANTENNA DESIGN REQUIREMENTS
Proposed or modified towers and antennas shall meet the following design requirements:
1. Towers and antennas shall blend into the surrounding environment through the use of
color and camouflaging architectural treatment except where instances where the
color is dictated by federal or state authorities.
2. No tower shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow’s nest, or like structure, except during periods of construction
or repair.
3. Towers and their antennas shall be certified by a qualified and licensed professional
engineer to conform to applicable state structural building standards.
4. Towers and their antennas shall be designed to conform to accepted electrical
engineering methods and practices and to comply with the provisions of the National
Electrical Code.
5. Metal towers shall be constructed of, or treated with, corrosive resistant material.
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736.3 TOWER SETBACKS
Towers and all accessory structures or buildings shall conform to the following minimum
setback requirements:
1. Towers shall be setback from all property lines an amount equal to the height of the
structure.
2. Guy wires for towers shall be located no closer than twenty-five (25) feet to any
property line and shall meet the setback of the underlying zoning district with respect
to the public road right-of-way.
3. Suitable protective anti-climbing fencing, with a minimum height of six (6) feet, shall
be provided around any tower and guy wires. Where fences or gates are used to
control unauthorized climbing or entry the fences shall conform to Section 727
Permitted Encroachments and Exceptions.
736.4 TOWER LOCATION
Towers that are two hundred (200) feet or more in height shall be located a distance of at
least three (3) miles from any public or private airport.
736.5 CO-LOCATION REQUIREMENTS
All commercial wireless telecommunication towers erected, constructed, or located within
the County shall comply with the following requirements:
1. Documentation of the area to be served including a search ring for the antenna
location. A narrative describing a search ring for the request, with not less than one
(1) mile radius clearly explaining why the site was selected, what existing structures
were available, and why they are not suitable as locations or co-locations.
2. Documentation that the communications equipment planned for the proposed tower
cannot be accommodated on an existing or approved tower or building within the
search ring of the service area due to one (1) or more of the following reasons:
A. The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed
professional engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned equipment at a
reasonable cost.
B. The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer or qualified
radio frequency engineer and the interference cannot be prevented at a
reasonable cost.
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C. Existing or approved towers and buildings within the search radius that are
sixty (60) feet or over in height that cannot accommodate the planned
equipment at a height necessary to function reasonably as documented by a
qualified and licensed professional engineer.
D. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
3. Any proposed tower shall be designed, structurally, electrically, and in all respects, to
accommodate both the applicant’s antennas and comparable antennas for at least two
(2) additional users if the tower is over one hundred (100) feet in height, or for at least
one (1) additional user if the tower is over sixty (60) feet in height. Towers shall be
designed to allow for future rearrangement of antennas upon the tower and to accept
mounted at varying heights.
4. An agreement stating that the site will be designed for not less than three (3) users
with applicant and property owner commitment to co-location, whereby, any
prohibition of additional users on a tower will be considered a violation of the permit
and County policy. The agreement shall also include a statement that any unused or
abandoned 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.
736.6 ANTENNAS MOUNTED ON EXISTING BUILDINGS OR TOWERS
The placement of telecommunication antennas including wireless telecommunication
antennas on existing buildings, towers, or structures, shall meet the requirements of the
underlying zoning district and this Section. A site plan and building plan shall be submitted
to the County as part of the zoning permitting process.
Where a tower is non-conforming due to the requirements of this Section additional
telecommunication antennas may be permitted to be placed on the tower after being reviewed
by the Zoning Administrator.
736.7 ACCESSORY UTILITY BUILDINGS
All buildings and structures accessory to a tower shall:
1. Be architecturally designed to blend in with the surrounding environment and shall
meet the height and setback limitations as established for each zoning district.
2. Ground mounted equipment shall be screened from view by suitable vegetation,
except where a design of non-vegetative screening better reflects and complements
the architectural character of the surrounding neighborhood.
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736.8 TOWER LIGHTING
Towers shall not be illuminated by artificial means and shall not have affixed or attached to it
in any way except during time of repair or installation of any light reflectors, flashers, or
other illuminating device, except as required by the Federal Aviation Administration or the
Federal Communications Commission or state agency. When incorporated into the approved
design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas
may be attached to the tower.
736.9 ABANDONED OR UNUSED TOWERS
Abandoned or unused towers and associated facilities shall be removed within twelve (12)
months of the cessation of operations at the site unless a time extension is approved by the
Zoning Administrator. In the event that a tower is not removed within the twelve (12)
months of the cessation of operations at a site, a tower and associated facilities may be
removed by the County and the costs of removal assessed against the property.
736.10 PUBLIC SAFETY TELECOMMUNICATIONS INTERFERENCE
Commercial wireless telecommunications services shall not interfere with public safety
telecommunications. All applications shall include adequate information that will be
reviewed by the County public safety communications system before a permit may be issued.
Before the introduction of new service or changes in existing service, telecommunication
providers shall notify the County at least ten (10) calendar days in advance of any changes
and allow the County to monitor interference levels during the testing process.
736.11 SIGNS AND ADVERTISING
The use of any portion of a tower for signs other than warning or equipment information
signs is prohibited.
736.12 NON-CONFORMING TOWERS
In order to avoid requiring new towers and to minimize the number of towers needed to serve
the County the following provisions shall apply to nonconforming towers.
Telecommunication towers in existence at the time of this amendment may be permitted to
increase tower height after being issued a conditional use permit. The Planning Commission
shall consider the following criteria as part of the conditional use permit process:
1. Tower safety concerns, including tower collapse, falling ice, and airplane traffic.
2. Land use character and history of tower(s).
3. Comparative visual impact to the surrounding lands of the proposed tower height
increase.
4. Disturbance or conflict with agricultural uses on the property.
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5. Other factors which tend to reduce conflicts or incompatibilities with the character
and need of the area.
736.13 ADDITIONAL SUBMITTAL REQUIREMENTS
In addition to the information required elsewhere, applications shall include the following
information:
1. A report from a licensed professional engineer that describes the commercial wireless
telecommunication service tower’s capacity, including the number and type of
antennas that it can accommodate.
2. A letter of intent from the commercial wireless telecommunication service tower
owner committing the tower owner and successors to allow the shared use of the
tower if an additional user agrees in writing to meet reasonable terms and conditions
for shared use.
3. The location of all public and private airports within a three (3) mile radius of the
tower site.
4. Permittee shall obtain Federal Aviation Administration (FAA) approval and/or
provide documentation that FAA approval is not needed.
5. Permittee shall obtain Federal Communications Commission licensure and approval
as required for various communications applications. No interference with local
television and radio reception will be allowed.
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737 TIMBER HARVESTING
737.1 PERMITTING
1. Permit Required
No person, firm, corporation, or other entity shall engage in timber harvesting within
Nicollet County, located outside the borders of any city or incorporated town, without
first obtaining a zoning permit for timber harvesting. Any petitioner applying for a
zoning permit for timber harvest shall complete an official application with the
Zoning Administrator or their designated representative.
2. Referral
County staff may refer the application for review and comment to other agencies,
including, but not limited to, the Soil and Water Conservation District and/or the
Minnesota Department of Natural Resources.
3. All applications for a zoning permit for timber harvesting shall include:
A. Site Plan
A site plan depicting areas where the timber harvesting is to occur, haul
routes, and areas sloped in excess of twelve (12) percent grade. If timber
harvesting is being proposed in an area with slopes in excess of twelve (12)
percent grade, the application shall include an erosion and sediment control
plan.
B. Narrative
A narrative outlining the type of timber to be harvested; mode of operation;
estimated quantity of timber to be harvested in board feet; haul routes;
estimated start and completion dates for the operation; and other pertinent
information to explain the request in detail.
C. Permission to Harvest
If the petitioner is not the landowner, a statement from the landowner that the
petitioner has permission to harvest timber from the site shall be required.
737.2 GENERAL STANDARDS
1. All timber harvesting shall be conducted consistent with the provisions of:
A. The Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest
Management Guidelines for Landowners, Loggers and Resource Managers
prepared by the Minnesota Forest Resources Council.
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B. The Minnesota Nonpoint Source Pollution Assessment-Forestry.
C. The Forestland Rutting Guidelines prepared by the Minnesota Department of
Natural Resources.
2. Use Restrictions
In order to protect the health, safety, and general welfare of the public, the following
uses shall be restricted as follows:
A. Clear Cutting
No timber harvesting operation shall result in the clear cutting of land within
the County, except clear cutting undertaken:
i. For the purpose of conversion to agriculture.
ii. In conjunction with a permitted use.
iii. For the purpose of essential public services.
iv. As part of a Minnesota Department of Natural Resources approved
Forest Management Plan.
B. Steep Slopes
No timber harvesting operation shall result in the clear cutting of any areas
sloped in excess of twelve (12) percent grade. Selective harvesting in such
areas may be permitted.
C. Floodplains
Slashings resultant from timber harvesting shall not be left within any area
designated as a Floodplain District governed by this Ordinance.
3. Consumption on Premises
Subject to the general standards stated above, an individual landowner shall be
allowed to fell timber or trees on his/her property for consumption on the premises.
This includes the felling of trees for firewood or structural lumber used on the
premises. The removal of dead or terminally diseased trees is also allowed.
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SECTION 8 ENFORCEMENT
801 VIOLATIONS
The violation of any provision of this Ordinance or the violation of the conditions or
provisions of any permit issued pursuant to this Ordinance shall be a misdemeanor, and upon
conviction thereof, the violator shall be subject to a fine or imprisonment or both as defined
by law. Each day of violation may be considered a separate offense.
When violations result in damage to roads, ditches, or property where costs are necessary for
correction, the responsible party shall pay the amount needed to repair such damage.
In responding to a suspected Ordinance violation, the Zoning Administrator and Local
Government may utilize the full array of enforcement actions available to it, including but
not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective
measures, or, IN THE CASE OF A VIOLATION OCCURING WITHIN THE
FLOODPLAIN ZONING DISTRICT, a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The community shall act in good
faith to enforce these official controls and to correct Ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
When an Ordinance violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation and
document the nature and extend of the violation of the official control. In the case of a
violation occurring within the Floodplain District, as soon as is reasonably possible, this
information will be submitted to the appropriate Department of Natural Resources and
Federal Emergency Management Agency Regional Office along with the Community’s plan
of action to correct the violation to the degree possible.
The Zoning Administrator shall notify the suspected party of the requirements of this
Ordinance and all other official controls and the nature and extent of the suspected violation
of these controls. If the structure and/or use is under construction or development, the
Zoning Administrator may order the construction or development immediately halted until a
proper permit or approval is granted by the Community. If the construction or development
is already completed, then the Zoning Administrator may either 1.) issue an order identifying
the corrective actions that shall be made within a specified time period to bring the use or
structure into compliance with the official controls, or 2.) notify the responsible party to
apply for an after-the-fact permit/development approval within a specified period of time not
to exceed thirty (30) days.
If the responsible party does not appropriately respond to the Zoning Administrator within
the specified period of time, each additional day that lapses shall constitute an additional
violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator
shall also, upon the lapse of the specified response period, notify the landowner to restore the
land to the condition which existed prior to the violation of this Ordinance.
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802 PENALTIES
Unless otherwise provided, each act of violation and every day on which such violation
occurs or continues constitutes a separate offense.
803 APPLICATION TO COUNTY PERSONNEL
The failure of any officer or employee of the County to perform any official duty imposed by
this Ordinance shall not subject the officer or employee to a penalty imposed for violation
unless a penalty is specifically provided for such failure.
804 EQUITABLE RELEASE
In the event of a violation or the threatened violation of any provision of this Ordinance, or
any provision or condition of a permit issued pursuant to this Ordinance, the County, in
addition to other remedies, may institute appropriate actions or proceedings to prevent,
restrain, correct, or abate such violation or threatened violation.
805 PROSECUTION
The Zoning Administrator may enforce the provisions of this Ordinance whether through
criminal prosecution, civil remedy, or both. Utilization of a civil remedy shall not prevent a
criminal prosecution for the same violation. A criminal prosecution shall not bar a civil
remedy.
806 CEASE AND DESIST ORDERS
The Zoning Administrator may issue cease and desist orders to halt the progress of any ongoing violation(s). When work has been stopped for any reason, it shall not be resumed until
the reason for the work stoppage has been completely satisfied and the cease and desist order
lifted. Any costs incurred by the County in the enforcement of the cease and desist order or
the remedies therein shall be assessed to the landowner.
807 AFTER-THE-FACT APPLICATIONS
Any application for a permit which is made after the work is commenced and which requires
a permit shall be charged an additional administrative fee established by County Board
resolution and adjusted from time to time. In addition, the Planning Commission, Board of
Adjustment and Appeals, County Board, or the Zoning Administrator, may require correction
and/or restoration of the property concerned to its original state should the application for a
permit be denied or if the action permitted does not include all or part of the work
commenced prior to the approval of said permit.
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808 PERFORMANCE BONDS
Upon approval of a conditional use permit, variance, or other permit application, the
Planning Commission, Board of Adjustment and Appeals, County Board, or Zoning
Administrator may require a surety bond, cash escrow, certificate of deposit, securities, letter
of credit, or cash deposit prior to the issuance of a land use permit or commencement of work
on the proposed improvements or development. Said security shall be irrevocable and shall
guarantee conformance and compliance with the conditions of the conditional use or variance
and this Ordinance, and other applicable County ordinances.
809 INTERPRETATION
In the interpretation, the provisions of this Ordinance shall be interpreted to protect the public
health, safety, and welfare of the citizens of the County by providing for the wise use and
development of rural land. This Ordinance is not intended to repeal any other powers
granted to the County by State Statutes.
810 SEVERABILITY
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be
affected thereby.
811 ABROGATION AND GREATER RESTRICTIONS
It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. When this Ordinance is inconsistent with any other
ordinance, the ordinance which imposes the greater restriction shall prevail.
812 REFERRAL TO OTHER LAWS
If any section of this Ordinance, Statute Rule, or other provision of law, the reference shall
be for that other provision of law as currently enacted and as it may be amended or recodified in the future.
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Original
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
Revised
September 15, 1965
July 29, 1981
August 22, 1989
April 24, 1990
October 13, 1992
July 26, 1994
January 2, 1996
March 25, 1997
May 13, 1997
December 9, 1997
May 25, 1999
December 12, 2000
June 26, 2001
February 12, 2002
November 7, 2005
August 11, 2009
February 23, 2010
July 8, 2014
November 25, 2014
January 5, 2016
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APPENDIX A
CHAPTER 7080 – 7083
MINNESOTA POLLUTION CONTROL AGENCY
WATER QUALITY DIVISION
SUBSURFACE SEWAGE TREATMENT SYSTEMS PROGRAM
APPENDIX B
CHAPTER 7020
MINNESOTA POLLUTION CONTROL AGENCY
WATER QUALITY DIVISION
ANIMAL FEEDLOTS
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