Rochester Township Zoning Ordinance

ROCHESTER TOWNSHIP

ZONING ORDINANCE

COUNTY OF OLMSTED

STATE OF MINNESOTA

ARTICLE VIII -- COMMERCIAL, INDUSTRIAL AND MEDICAL INSTITUTIONAL DISTRICT VIII-1

SECTION 10.14 NOISE, HEAT, GLARE, VIBRATION, SMOKE, TOXIC WASTE, AND NOXIOUS FUMES: X-16

SECTION 10.20 SOIL EROSION, SEDIMENTATION, RUNOFF, AND SLOPE STABILITY CONTROLS: X-21

SECTION 10.24 EXTRACTION OF MATERIALS AND MINERALS, OPEN PITS AND IMPOUNDING OF WATERS X-37

AN ORDINANCE REGULATING THE USE OF LANDS AND/OR STRUCTURES IN ROCHESTER TOWNSHIP, COUNTY OF OLMSTED, MINNESOTA, INCLUDING THE REGULATION OF THE LOCATION, SIZE, USE, AND HEIGHT OF STRUCTURES, THE ARRANGEMENT OF STRUCTURES ON LOTS AND THE DENSITY OF POPULATION FOR SAID LANDS, FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE OF ROCHESTER TOWNSHIP AND REPLACING THE OLMSTED COUNTY ZONING ORDINANCE AND ALL AMENDMENTS THERETO.

This ordinance shall be known as the Rochester Township, County of Olmsted, Minnesota, Zoning Ordinance and cited as the Township Zoning Ordinance.

This revised ordinance shall become effective at 12:01 am, 12 June 2003 and replaces the ordinance from June 16, 1999.

This zoning ordinance is enacted for the following purpose: to implement the Rochester Township Land Use Plan and to promote and protect the health, safety, and general welfare throughout Rochester Township by lessening congestion in the public right of ways; securing safety from fire, panic and other dangers; providing adequate light and air; facilitating the adequate provision of water, sewerage and other public facilities; conserving the value of properties and encouraging the most appropriate use of the land; and to protect the environment; pursuant to authority granted in Minnesota Statutes, Chapter 462.351, as amended, authorizing Township planning and zoning activities, establishing a Board of Adjustment and authorizing the enactment of official controls and providing penalties for the violation thereof, in accordance with the authority granted in Minnesota Statutes, Section 104.05, "Statewide Standards and Criteria for Management of Flood Plain Areas in Minnesota"; and "Statewide Standards and Criteria for Management of Shoreland Areas of Minnesota" and other appropriate Minnesota Statutes.

The jurisdiction of this zoning ordinance shall apply to all the area of Rochester Township in Olmsted County.

A. The shoreland provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 9.10(B) of this ordinance. Pursuant to Minnesota Regulations 6120.2500 6120.3900, no lake, pond, or flowage less than 25 acres in unincorporated areas need be regulated by the local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from the shoreland provisions

From and after the effective date of this zoning ordinance and subsequent amendments, the use of all land and every building or portion of a building erected, altered in respect to height and area, or portion of a building erected, altered in respect to height and area, added to or relocated, and every use within a building or use accessory thereto Rochester Township shall be in conformity with the provisions of this zoning ordinance. Any existing building or structure and any existing use of properties not in conformity with the regulations herein prescribed shall be regarded as non conforming, but may be continued, extended or changed, subject to the special regulations herein provided with respect to non conforming uses. (See Section 1.28.)

A. In their interpretation and application, the provisions of this zoning ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

B. Where the conditions imposed by any provision of this zoning 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.

C. Except as specifically provided in this zoning ordinance, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this ordinance.

Should any section or provision of this zoning ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the zoning ordinance as a whole or any part thereof other than the part so declared to be invalid.

The following zoning districts are provided in order to promote and encourage the efficient economic use of land, buildings, and all usable structures. Rochester Township of Olmsted County, Minnesota, is hereby divided into the districts which shall be known by the following respective symbols and names:

The following overlay zoning districts are also made a part of the zoning ordinance. On property where both the zoning districts (Section 1.12) and the overlay districts would apply, the use or development of such a property shall comply with both the zoning district and the overlay district. The following overlay zoning districts shall be known by the following respective symbols and names:

The map or maps which are a part of this zoning ordinance delineate the boundaries of the zoning districts and represent the approximate boundaries of the overlay zoning districts. The maps are available for viewing at the office of the Rochester Township Zoning Administrator

The boundaries of the zoning district, unless otherwise identified, shall be construed as following property lines, water sources, right of way lines, corporate limits of cities, or the centerline of roads.

Questions concerning district boundary lines as shown on the official zoning map shall be interpreted by the Township Zoning Administrator; such interpretation may be appealed in accordance to Section 4.06.

The boundaries of the four flood plain districts, FW, FFA, FFB, and FP, shall be determined by elevation and by scaling distances from the Flood Boundary and Floodway Maps (FBFM), dated May 19, 1981, and, when appropriate, by the Flood Plain Areas - South Fork, Zumbro River, and Tributaries Maps, dated October, 1977, and the soils maps contained in the Soil Survey of Olmsted County, Minnesota, dated March, 1980. Where interpretation is needed as to the exact location of the boundaries as shown on the previously referenced maps, as for example where there appears to be conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation based on elevation of the regional (100 year) flood profile and other technical data.

The degree of flood protection intended to be provided by the zoning ordinance is considered reasonable for regulatory purposes and is based on engineering and specific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man made or natural causes, such as ice jams and bridge openings restricted by debris. The zoning ordinance does not imply that areas outside of designated flood plain districts or land uses permitted within such districts will always be totally free from flooding or flood damages, nor shall the zoning ordinance create a liability on the part of, or be a cause of action against, Rochester Township or an employee thereof for any flooding or flood damages that may result from reliance on the zoning ordinance.

A lot that meets the Minnesota Board of Health or their Designee’s regulations and fulfills the criteria specified in one of the following subsections (A) or (B) is considered to be a buildable lot. All other lots, including illegally created lots, shall not be considered buildable lots and no building shall be constructed or placed upon such lots.

A. Buildable Lots for Uses Other than Dwellings: (These other uses would include agricultural uses such as barns and other agricultural buildings, but would not include a dwelling.)

B. Lots of record or newly created lots that meet the lot area, lot width and access requirements of this ordinance. Any newly created lot which does not meet the standards for non farm dwellings in the zoning district where such lot is located, or the standards for farmstead dwellings, shall be designated as an (N.B.) Non Buildable Lot for Dwelling Purposes on the Official Zoning Map.

C. Non conforming lots of record, providing that such lot has recorded access to a public road and the proposed building complies with the regulations in Section 1.28 (B).

2. Lots created after the effective date of this ordinance which meet the lot area, lot width, access requirements and either the standards for non farm dwellings in the zoning district where such lot is located or the standards for farmstead dwellings.

3. Lots of record, providing that such a lot has recorded access to a public road and the proposed building complies with the regulation of Section 1.28 (B).

The lawful use of land or structures existing at the time of the adoption of this zoning ordinance may be continued although such use does not conform with the district provisions herein, subject to the following provisions.

A. Land: The non conforming use of land shall not in any way be expanded or extended either on the same or adjoining property.

B. Lot of Record: A non conforming lot of record may be used for any principal use permitted in the zoning district in which the lot is located, provided that for any use which is to be served by an individual well and/or septic system, the non conforming lot shall be of a size and design to meet the minimum requirements of the Board of Health regulations for such wells and septic systems.

C. Structure, Enlargement or Alterations: No non conforming structure may be enlarged or altered in any way which increases its non conformity. No addition or modification to a use within a flood fringe or floodway district shall increase the flood damage potential of the structure or increase the degree of obstruction to flood flow. No addition or modification to a non conforming structure with a conforming use, over the life of the structure, within a flood fringe or floodway district shall exceed fifty (50%) percent of its current market value as determined by the Olmsted County Assessor's records, unless the entire structure is made conforming.

D. Structure, Damage or Destruction: If a non conforming structure is destroyed by any means to an extent of more than fifty (50%) percent of its current market value, as determined by the Olmsted County Assessor's records at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the zoning code. If destroyed to less than fifty (50%) percent of its market value, said restoration shall begin within twelve (12) months or the structure shall be made conforming.

E. Structure, Relocation: If a non conforming structure is moved any distance, for any reason whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

F. Use, Change: Whenever a non conforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed back to a non conforming use.

G. Use, Discontinuance: In the event that a non conforming use of any structure or structure and land is discontinued for a period of one (1) year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

H. Use, Zone Change: The foregoing provisions relative to non conforming uses shall apply to buildings, land and uses which hereafter become non conforming due to classification or reclassification of districts under this ordinance.

I. CHANGE IN NONCONFORMING USE: Any nonconforming use of land or structure may be changed to another nonconforming use of the same nature or less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on the occupants and neighboring property will not be greater than if the original non conforming use continued. Approval for such a change shall be through the approval of a Conditional Use permit that has considered the following factors:

1. The character and history of the use and of development in the surrounding area.

2. The comparable degree of noise, vibration, dust, odor, fumes, glare or emissions detectable at the property line.

J. EXPANSION OF NONCONFORMING USE: Nonconforming commercial, industrial or institutional uses in any nonresidential district and any residential uses in any residential district may be modified or expanded in certain situations subject to approval as a conditional use. In acting on an application for modifying or expanding a nonconforming use, the Commission shall use the Section 1.28I criteria to determine the impact of modifying or expanding the nonconforming use. A proposal where the commission finds significant injurious impact should be denied or approved with conditions which will mitigate the impact of the modification or expansion. Potential modifications or expansions which the commission may consider shall include:

1. Rebuilding of a structure devoted to a nonconforming use if destroyed to an extent greater than 50% of the replacement value of the structure.

2. Expanding a nonconforming use of structure to a portion of the structure not manifestly arranged or designed for such use at the time the use became nonconforming.

3. The addition of new principal buildings or accessory structures on the same parcel of land occupied or under the same ownership on the effective date that the use became nonconforming. The new structures added must be for such purpose that if not associated with the nonconforming use they would be permitted by the zoning district of the property. The applicant must show that the intensity of use will not substantially increase over the current level of activity with the addition of the new structures.

1. Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the minimum lot area and width standards of the underlying zoning district may be allowed as buildable lots, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements are met.

2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the underlying zoning district lot area and width standards the lot must not be considered as a separate parcel of land for sale or purposes of development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the lot area and width standards to the extent possible.

1. All additions or expansions to the outside dimensions of an existing non-conforming structure must meet the setback and height requirements of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to Section 4.08.

2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

c) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and

An existing individual sewage treatment system which is non-conforming according to Minnesota Rules, Chapter 7080 (and amendments thereto), shall be upgraded to meet the requirements of Olmsted County Public Health Regulation # 41, and amendments thereto. Upgrading shall occur, at a minimum, any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.

There shall be fees established for items of this ordinance as established from time to time by resolution of the Rochester Township Board of Supervisors.

For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:

Board: The word "Board" includes the , the Town Board, Board of Supervisors, or any other word or words meaning the Rochester Township Board of Supervisors.

Board of Adjustment: The "Board of Adjustment" shall mean the Rochester Township Board of Adjustment and Appeals.

Board of Appeals The "Board of Appeals" shall mean the Rochester Township Board of Adjustment and Appeals.

Board of Health: The "Board of Health" shall mean the Minnesota Board of Health or its designee.

Commission: The "Commission" shall mean the Rochester Township Planning and Zoning Commission.

Comprehensive Plan: The "Comprehensive Plan" shall mean the General Land Use Plan for the Olmsted County Area, or the Land Use Plan for the Rochester Urban Service Area, or the Currently Held Valid Thoroughfare Plan, or the Housing Plan for the Rochester and Olmsted County Area, or other interrelated policies and plans for private and public land and water use, transportation and community facilities adopted by the Olmsted County Board of Commissioners.

Fractions of Measurement: All stated and measured distances shall be taken to the nearest integral foot. If a fraction is one half (1/2) or less, the integral foot next below shall be taken.

Masculine and Feminine Gender: The masculine gender includes the feminine and neuter genders.

Person: The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

Shall and May: The word "shall" is mandatory and not discretionary; the word "may" is permissive.

Singular and Plural: Words used in the singular shall include the plural, and the plural the singular.

Used For: The word "used for" shall include the phrases arranged for, designed for, intended for, maintained for and occupied for.

Accessory Building: A building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory Structure: A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal structure or use.

Accessory Use: A use customarily incidental and subordinate to the principal use located on the same lot as the principal use.

Adult Body Painting Studio: An establishment or business which provides the service of applying paint or other substance whether transparent or non transparent to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas."

Adult Bookstore: A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age, or such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

Adult Entertainment: Adult entertainment shall include but not be limited to; adult bookstores, adult motion pictures theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios adult hotel or motel, adult body painting studios and other adult only oriented establishments

Adult Establishment: A business engaged in any of the following activities or which utilizes any of the following business procedures or practices; either:

A. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage there at either by law or by the operators of such business,

B. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.

Adult Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

Adult Massage Parlor, Health Club: A massage parlor as required to be licensed or a health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

Adult Mini Motion Picture Theater: A business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

Adult Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motor picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

Adult Motion Picture Theaters: A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

Adult Novelty Business: A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.

Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

Agricultural Uses: Use of land for forestry, pasture, or crop production, or for the production of livestock, poultry or poultry products, fur bearing animals, horticultural or nursery stock including sod, fruit, vegetables, forage grains, or bees and apiary products. Wetlands, pasture, and woodlands accompanying land in agricultural use are also defined as in agricultural use.

Animal Feedlot: Land and/or buildings used for, or a building that has in the past five (5) years been used for the confined feeding, breeding, raising or holding of poultry or animals exceeding thirty (30) animal units and where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots.

Animal Feedlot, New: An animal feedlot constructed and operated at site where no animal feedlot existed previously or where a pre existing animal feedlot has been abandoned or unused for period of five (5) years or more.

Animal Unit: A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this zoning ordinance, Rochester Township animal unit equivalents shall reflect the current standards of the Minnesota Pollution Control Agency (MPCA).

Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to, directional antennas such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas. AO Zone: An area of shallow flooding shown on the Olmsted County Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and undetermined, and where low velocity may be evident.

Asphalt Concrete Plant: Any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements; including dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing asphalt concrete; and the loading, transfer, and storage system associated with emission control system.

Basement: 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.

Bluff: A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):

b) The slope rises at least 25 feet above the ordinary high water level of the waterbody;

c) The grade or slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and

Bluff Impact Zone: A bluff and land located within 20 feet from the top of a bluff.

Buildable Area: The area of a lot remaining after the minimum yard requirements of this ordinance have been met.

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or material of any kind.

Building Envelope: That portion of a residential lot reserved for the construction of a residence and all accessory buildings.

Building Height: The vertical distance measured from the average ground elevation adjoining the front wall of the building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, or to the average height between the eaves and ridge of a gable, hip or gambrel roof.

Building Line: An imaginary line separating the buildable area and the required minimum yard.

Campground: A plot of ground upon which two or more camp sites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

Church: A building where persons regularly assemble for religious service and which is maintained and controlled by an organized group for public worship.

Commercial wireless telecommunication services: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

Commissioner: "Commissioner” means the Commissioner of the Department of Natural Resources.

Conditional Use: A use that would not be appropriate generally but may be allowed with appropriate restrictions upon finding that certain conditions and criteria exist and that the use is compatible with the neighborhood.

Conservation Plan: A resource management system plan prepared in accordance with the SCS technical guide that will decrease soil erosion to or below the soil loss tolerance factor on a particular parcel of land according to a specified time schedule.

Conservation Practices: Practices and standards containing a definition, purpose, and conditions that the practice applies to, including design requirements and specifications containing a statement of details required for installing a conservation practice, including kinds, quality, and quantity of work and materials needed to meet the requirements of the technical guide.

Construction: (1) Any clearing of land, excavation, or other action that would adversely change the natural environment; (2)Any clearing of land, excavation, or other action that would adversely affect the natural environment of a pipeline route but does not include changes needed for temporary use of a route for purposes other than installation of a pipeline, for securing survey or geological data, or for the repair or replacement of an existing pipeline within the existing right of way.

Contractor: An individual or company which supplies materials and equipment and/or performs services in construction activities such as the erection, maintenance or repair of structures, the development of improvements such as sewer, water and streets, or specialized activities such as landscaping, painting, plumbing and the like.

Contractor's Equipment: Materials, machinery, supplies and vehicles used by a contractor in conjunction with construction related activity.

Contractor's Yard: An area on a lot, either open or enclosed, where contractor's equipment is left on a regular basis when not stored on a job site. This definition is not meant to apply to a vehicle, which does not have a commercial (Y type) license and is rated less than 12,000 pounds gross vehicle weight, parked overnight on a driveway area, when it is neither loaded nor unloaded at that location and when it is used primarily for transportation to and from the job site.

Corner Lot: A lot abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Crop Equivalent Rating: A soils rating system developed by the Soils Conservation Service based on the net value (gross value of crops minus production costs) of their productivity for commonly grown crops of the area. Commonly grown crops are corn, soybeans, small grains, hay and permanent pasture.

Cultivated Agricultural Land: Land which is used to raise agricultural crops, is capable of use for that purpose, or is plowed, fallow, or contains harvested crop residue or is pasture land.

Deck: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

Development Site: For single family attached dwellings involving three or more buildings and for multiple family dwellings, those lot areas, along with any associated common open space identified in the open space plan required by Section 10.38, that are to be used to justify the density limitation established for the zoning district where the projects are to be located.

District: The elected Board of the Olmsted County Soil and Water Conservation District organized under Minnesota Statutes, Chapter 40.

Drainageway: Any surface area over which water flows in a concentrated form, whether permanently, continually, occasionally, or intermittently, and including public waters, intermittent streams, and grassed waterways.

Dwelling: Any building or portion thereof which contains one or more dwelling units not including buildings containing rooms for transient guests such as a hotel or motel, or a temporary or transient structure such as a tent, trailer or travel trailer.

Dwelling, Single Family Attached: A building containing a single family dwelling, attached at the side or sides in a series of two or more principal buildings, each containing not more than a one family dwelling.

Dwelling, Single family Detached: A single family dwelling surrounded by open space or yards, which is not attached to any other building, which is permanently attached to and supported by a permanent frost depth foundation system, and has a minimum dimension of not less than twenty two (22) feet at the first floor level of the dwelling. In addition, the requirements of Section 10.01 must be complied with. Under the provisions of Minnesota Statutes, Chapter 394.25, nothing herein shall prevent a manufactured home that meets the above mentioned criteria from being considered a single family detached dwelling.

Dwelling Site: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling, Two Family: A building on a single lot containing two single family dwellings which are totally separated from each other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

Dwelling Unit: A room or rooms, connected together, constituting a separate, independent housekeeping establishment for a family (for owner occupancy or rental, lease, or other occupancy on weekly or longer terms), physically separated from any other rooms or dwelling units that may be in the same structure, and containing its own independent kitchen and sleeping facilities, but not including temporary housing, such as recreational vehicles, etc.

Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Equal Degree of Encroachment: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of the flood flows.

Erosion: The general process by which soils are removed from an area by wind or flowing surface or sub surface waters.

Erosion, Channel or Gully: Erosion caused by the action of water flowing in a concentrated stream acting against the soil confining its flow, resulting in a channel that cannot readily be cultivated by customary farm machinery, and that is at least three (3) feet wide or has a cross sectional area of at least four (4) square feet. Gully erosion is distinguished from ephemeral erosion by its size and relative permanence, and from streambank erosion by the intermittent nature of the water flow.

Erosion, Ephemeral: Erosion caused by the action of flowing surface water against the soil confining its flow, occurring in channels with periods of short duration. Such channels are smaller in size than gullies, and can be readily eliminated by field cultivation using customary farm machinery.

Erosion, Sheet and Rill: Erosion caused be the general, as opposed to channeled, flow of water over a surface.

Erosion, Streambank: Erosion within a perennial stream or river which is caused by the action of water flowing in a concentrated stream acting against the soil confining its flow.

Erosion, Wind: Erosion caused by the action of wind on the soil surface and soil particles.

Essential Services: The erection, construction, alteration, or maintenance of underground, surface or overhead electrical, gas, steam, water and sewerage transmission and collection systems, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service, but not to include any buildings.

Family: One or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants), some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household.

Farm: A lot used for agricultural or horticultural uses and comprised of either at least eighty (80) acres or two (2) contiguous and undivided quarter quarter sections in the A 1 Agricultural Zoning District, or being at least thirty five (35) acres in size in the other Zoning Districts. For the purposes of determining a farm, a quarter quarter section separated by only a public right of way shall be considered as an undivided quarter quarter section.

Farm Dwelling: One single family detached dwelling or mobile home located on a farm.

Farmstead: A rectangular area surrounded by a farmstead boundary which contains a farm dwelling and may contain other buildings which are or have been used for farming uses. In some instances minor amounts of tilled acreage or pasture land would be contained within the boundary to enable a rectangular boundary to be established.

Farmstead Boundary: An imaginary line separating a farmstead from tilled land and pasture land. For the purposes of this ordinance said tilled and non-tilled acreage or a reasonable area encompassing existing farm buildings to ensure compliance with the yard requirements of this ordinance.

Farmstead Dwelling: A dwelling which on April 16, 1993, was located upon a farm, as defined by this ordinance, but subsequently subdivided from that farm onto a non farm lot which does not conform to the standards for non farm dwellings within the district where located.

Field Windbreak: A living barrier of trees, or a combination of trees and shrubs, located adjacent to a field, that is designed to reduce wind erosion by virtue of its location with regard to the wind, and by the type of vegetation; and meeting the standards for field windbreaks in the Technical Guide.

Fill: Sand, gravel, earth or other material of any composition whatsoever placed or deposited by humans.

Flood Plain: The land adjacent to a body of water which has need or may be hereafter covered by flood water, including that land covered by the Regional Flood.

Flood Proofing: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate, water and sanitary facilities, structures and their contents.

Flood Protection Elevation: A level one (1) foot above the Regional Flood plus any increase in flood level that would be caused by the future flood plain development outside the floodway.

FP1, FP2, FP3, FP4, FP5: Different classifications of flood proofing measures as defined by the State Building Code.

Floodway: The minimum channel of a watercourse and those portions of the flood plain adjoining the channel that are required to discharge the Regional Flood.

Floor Area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor to ceiling height is less than six (6) feet.

Forest Land Conversion: The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand.

Home Occupation: An occupation which is customarily and traditionally conducted within a dwelling by its occupants and is clearly incidental and secondary to the principal use of the dwelling.

Impervious Surface: Any surface having a percolation rate of slower than 120 minutes per inch.

Impoundment: A body of water artificially created by blocking the flow of surface runoff, and intended for runoff control, water supply, flood control, or recreation. The term is not intended to include farm ponds used for water supply for livestock, but does include any such pond if used for runoff control.

Intensive Vegetation Clearing: The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

Karst: A geologic condition occurring over a large area where groundwater dissolves well jointed, crystalline, carbonate bedrock, typically limestone or dolomite.

Karst Feature: A topographic feature resulting from the occurrence of subsurface karst conditions that are so extensively developed and close to the surface, that surface drainage is affected. Typical Karst features occurring in Olmsted County include dolines (sinkholes), disappearing streams, losing streams, blind valleys, springs, and caves.

Kennel: Any lot or building on which five (5) or more dogs, cats, or other common household pets, that are six months of age or older, are kept permanently or temporarily boarded.

Land Disturbing Activity: Any activity not directly related to general farming resulting in a disturbance of the natural condition or vegetative covering of the earth's surface.

Land Occupier: A person, firm, corporation, government entity, or other legal entity that holds title to or is in possession of any lands as owner, lessee, or otherwise. Land occupier includes both the owner and the occupier of the land if they are not the same.

Landowners Grant of Easement: The legal document entered into between the property owner and pipeline company, which may contain specific requirements for the installation of the pipe. These requirements cannot be less stringent than the State County or Township regulations except in the area of minimum depth.

Landspreading: The placement of sewage sludge, fly ash or other by-products of power generation, waste incineration or biosolids, on or incorporated into the soil surface.

Landspreading Facility: Any land that is used for landspreading activity and is owned, leased, or rented by the political subdivision originating the material to be landspread.

Landspreading Site: Any land used for landspreading activity that is not owned, leased, or rented by the political subdivision generating the originating the material to be landspread.

Land Use Plan: Land Use or Land Use Plan shall mean the Rochester Township Land Use Plan.

Licensed Shooting Preserve: Permitted shooting reserve as licensed by Minnesota Department of Natural Resources.

Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot Area: The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers or by public right of ways.

Lot Coverage: That part or percentage of a lot occupied by structures, including accessory structures.

Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot lines.

Lot Line: A line of record bounding a lot which divides one lot from another lot or from a right of way or any other public space.

Lot Line, Interior Side: Any lot line, other than a front or rear lot line, which separates a lot from another lot.

Lot Line, Rear: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side Street: Any lot line, other than a front, rear or interior side lot line, which separates the lot from a road or street.

Lot of Record: Any legally recorded lot that, at the time it was recorded, fully complied with all applicable laws and ordinances.

Lot Width: The horizontal distance between the side lines of a lot, measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line for the principal building.

Manure Storage Facility: A manufactured manure storage structure, detention pond, sedimentation terrace, or manure catchment basin.

B. Designed and constructed for transportation to a site for installation and use when connected to required utilities;

C. Either an independent, individual building or a module for combination with other elements to form a building on the site.

Manufactured Home: A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

Manufactured Housing: A manufactured building or portion of a building designed for long term residential use.

Mobile Home Park: A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non transient use.

Mobile Home Subdivision: A subdivision designed to accommodate mobile homes on individual lots.

Motel or Hotel: A business comprising a series of attached or detached rental units, with or without eating facilities, used primarily as temporary residences for motorists, tourists or travelers.

Mulch: Any material deposited on the surface, including but not limited to crop residues, leaves, wood chips, straw, or other similar organic or inorganic materials, which protect the soil from erosion without causing an increase in the rate of runoff.

Non Buildable Lot: A lot which is not permitted to have a dwelling of any kind erected or placed upon said lot.

Non Conforming Lot of Record: Any legal lot of record that at the time it was recorded fully complied with all applicable laws and ordinances but which does not fully comply with the lot requirements of this zoning ordinance concerning minimum area or minimum lot width.

Non Conforming Structure: A structure the size, dimensions or location of which was lawful prior to the adoption of this zoning ordinance, but which fails by reason of such adoption, or subsequent revision or amendment, to conform to the present requirements of the zoning district.

Non Conforming Use: A use or activity which was lawful prior to the adoption of this zoning ordinance but which fails, by reason of such adoption, or subsequent revisions or amendment, to conform to the present requirements of the zoning district.

Non Farm Dwelling: A single family detached dwelling or mobile home located on a lot which does not qualify as a farm.

Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill structure or matter in, along, across, or projection into any channel, water course 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.

Official Zoning Map: The map or maps which are a part of this ordinance and delineate the boundaries of the zoning districts.

Ordinary High Water Level: The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Pastures: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.

Permanent Vegetative Cover: An area of wooded or perennial herbaceous plant materials, including pasture, hayland, and woodland, but excluding any area that is tilled, any over grazed pasture, and any area in which trampling by livestock results in a cover of less than ninety percent (90%) of the surface area.

Permitted Use: A use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Pipeline: Pipes located in this Township which are used to transport natural or synthetic gas at a pressure of more than ninety (90) pounds per square inch, or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous ammonia, or any mineral slurry within this Township or any other product that can be transported by pipeline.

Prime Crop Land: Land which has been determined by the Agricultural Stabilization and Conservation Committee to be cropland, having a crop equivalency rating of 60 or greater.

Principal Building or Structure: The primary or predominant building or structure on any lot.

Protected Waters: Any waters as defined in Minnesota Statutes 1980, Section 105.37, Subdivision 14 and 15.

Public Sewer and Water System: A system, other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment and disposal of wastes and the furnishing of potable water.

Public Utility: A closely regulated private enterprise with an exclusive franchise for providing a public service.

Public Utility Facilities: Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility. For the purposes of this ordinance, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Public Waters: Any waters as defined in Minnesota Statutes, Section 105.37, Subdivisions 14 and 15.

Quarter and Quarter Quarter Section: A division of a section of land according to the rules of the original United States Government Public Land Surveyor.

Reach: A hydraulic engineering term to describe a longitudinal section of a stream or river influenced by a natural or man made obstruction.

Recreational Vehicle: A temporary structure, less than forty (40) feet in length, which can be towed, hauled or driven and is primarily designed as temporary housing accommodations for recreational, camping or travel use, including but not limited to travel trailers, truck campers, camping trailers, and self propelled motor homes.

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 with an average frequency in the magnitude of a one hundred (100) year recurrence interval.

Resort: A facility for transient guests where the primary attraction is generally recreational features or activities.

Right Of Way: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, and other similar uses.

Road: A public right of way, or a private right of way or easement serving two or more buildable non farm lots, affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or otherwise.

Runoff: The portion of rainfall or other precipitation that leaves a parcel in the form of surface water.

Salvage or Junk Yard: An area where used, waste, discarded or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled; including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such materials in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

School: A public school as defined in Minnesota Statutes, Section 120.05 or a nonpublic school as defined in Minnesota Statutes, Section 123.932.

Sediment: Soil particles in suspension, being transported, or moved from their original location by wind, water, gravity, or ice, or which has been deposited at another location, including any sediment related pollutants.

Semipublic Use: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Sensitive Resource Management: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback: The minimum horizontal distance between a structure and the nearest property line or highway easement line; within shoreland districts it shall also mean the minimum horizontal distance between a structure and the ordinary high water mark.

Setback Line: That line that is the required minimum distance from the street right of way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

Sewage Sludge: As defined in Minnesota Statutes, section 115A.03, subdivision 29, means the solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment plant. Sewage sludge does not include incinerator residues and grit, scum, or screenings removed from other solids during treatment.

Shore Impact Zone: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

Shoreland: Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a flood plain designated by ordinance on such a river or stream, which ever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources.

Significant Historic Site: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

SIGN: Any object, device, display, structure or part thereof, situated outdoors or indoors, which is displayed to attract the attention of the public while on public streets, highways or walkways to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include flags of any nation, state, city, religion, fraternal or civic organization, merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, scoreboards on athletic fields, sound trucks or other moving advertising media while operated on a public right-of-way, official traffic signs or symbols, banners announcing civic celebrations or events of special interest, mounted house numbers under twelve (12) inches in height, mounted name plates or building address numbers under six square feet in area identifying the occupants or address of a building, or address or public information sign displayed for the convenience of the traveling public when established by public patterns which by themselves would not convey a message about a business or product without other sign elements present.

SIGN, GENERAL ADVERTISING; A sign that directs attention to a business service, event, product, or location not related to or on the premises where the sign is located.

SIGN, DIRECTIONAL ADVERTISING: A sign that directs attention to a business, service or location not related to or on the premises where the sign is located.

SIGN, BUSINESS: A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located.

Slope: The deviation of a surface from the horizontal, expressing the change in elevation as a percentage of the horizontal distance of the surface.

Slope Instability: The tendency of a slope to cave in, slump, collapse, or otherwise fail.

Soil: Unconsolidated mineral or organic material that overlies bedrock, on the immediate surface of the earth, that serves as a medium for the growth of plants, and can be readily excavated.

A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphis, zooerasty; or

B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or

E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or

F. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or

State Building Code: The Minnesota State Building Code, setting forth standards for the construction, addition, modification, and repair of buildings and other structures for the purpose of protecting the health, safety and general welfare of the public.

Steep Slope: (1) Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes greater than 18 percent over horizontal distances of 50 feet or more, that are not bluffs.(2) An area having a soil listed in the SOIL SURVEY OF OLMSTED COUNTY as being poorly suited for cultivation due to slope steepness.

Streambank: The boundary of protected waters and wetlands, or the land abutting a channel at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the streambank shall be at the elevation of the top of the bank of the channel.

Structure: (1)Anything constructed or erected on the ground or attached to the ground or on site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 9.04 (A,3) of this ordinance and similar items. (2) Works of improvement for agricultural land stabilization to prevent erosion, sediment, or flood damage that include, but are not limited to, gully control structures, grass waterways, rip rap, sediment basins, flood retention dams, diversions, and the lining of channels with rock, concrete, or other materials.

Structure Alteration: Any changes in the supporting members of any building, such as bearing walls, columns, beams or girders, or any substantial change in the roof and exterior walls.

Sub-Standard Shoreland Use: Any use in the shoreland district existing prior to the date of enactment of this zoning ordinance which was permitted but does not meet the minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of the shoreland district.

Supervised Living Facility: A facility providing lodging plus supervision, counseling, or rehabilitative services to five or more persons and licensed as such under the Minnesota State Health Code.

Surface Water Oriented Commercial Use: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Swimming Pool, Private: A structure, not located within a completely enclosed building, for swimming or bathing purposes, which is capable of containing water at a depth of one and one half (1 1/2) feet or greater.

Swimming Pool, Above Grade: A swimming pool whose exposed sides have a height of four (4) feet or greater above the natural ground located adjacent to said swimming pool.

Swimming Pool, Below Grade: A swimming pool whose exposed sides have a height of less than four (4) feet above the natural ground located adjacent to said swimming pool.

Temporary Building or Structure: A building or structure without any foundation or footings and which shall be removed when the designated time period, activity or use for which the temporary building or structure was erected has ceased.

Temporary Use: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the designated time period, activity, or use for which the temporary building or structure was erected.

Through Lot: A lot having frontage on two (2) parallel roads or which fronts upon two streets which do not intersect at the boundaries of the lot.

Toe of the Bluff: The lower point of a 50 foot segment with an average slope exceeding 18 percent.

Top of the Bluff: The higher point of a 50 foot segment with an average slope exceeding 18 percent.

Tower: Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Variance: A modification or variation of the strict provisions of this zoning ordinance, as applied to a specific piece of property, in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon him by this ordinance. A variance shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance.

Waters of the State: Any waters, surface or underground, except those surface waters that are not confined to drainageways or streams but are spread and diffused over the land.

Water Oriented Accessory Structure or Facility: A small above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Wetland: An area classified as a type 3, 4, 5, 6, 7, or 8 wetlands as identified in the U.S. Fish and Wildlife Service Circular No. 39 (1971 edition).

Woodland: an area with a stand of trees that has a canopy cover as shown on the most recent aerial photographs of at least fifty (50%) percent, being at least one (1) acre in size and having a minimum width measured along the ground surface of at least one hundred and thirty two (132) feet and where at least fifty-one (51%) percent of the trees are classified as a hardwood variety. Note addition of composition.

Yard: A required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky except as expressly permitted in this ordinance. A yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

Yard, Front: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear: A yard extending across the full width of the lot between the rear line and the nearest line of the principal building.

Yard, Side: A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.

Youth Facility: A public playground, public swimming pool, public library, or licensed day care facility.

Zoning Administrator:A person appointed by the Board to administer the zoning ordinance for Rochester Township.

Zoning Certificate: A document signed by the Zoning Administrator required in the zoning ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of this zoning ordinance or authorized variance there from.

Zoning District: A specifically delineated area in the county within which regulations and requirements uniformly govern the use, placement, spacing and size of land and structure.

The Zoning Administrator of Rochester Township shall have the power and duty to administer and advise on enforcement this ordinance. The Zoning Administrator may designate others to act upon his behalf to administer and advise on enforcement of this ordinance subject to reasonable conditions required by the board.

The Zoning Administrator shall have the following powers and duties in addition to any others he may now have or hereafter be given. The Zoning Administrator shall:

B. Issue zoning certificates and any other permits as required by the terms of this ordinance;

C. Conduct inspections of the use of buildings and land to determine compliance with the terms of this ordinance;

D. Maintain permanent and current records of this ordinance, including but not limited to all maps, amendments, and conditional uses, variances, appeals and applications therefor;

E. Receive, publish legal notices, research and report upon all applications for appeals, variances, conditional uses, amendments, and other matters to the designated official bodies;

F. Assist the Town Board, Planning and Zoning Commission and Board of Adjustment upon matters of land use development and regulations;

G. Assist in instituting in the name of the township, any appropriate actions or proceedings against a violator.

It shall be the duty of all property owners, architects, contractors, subcontractors, builders and other persons involved in the use of property, the erecting, altering, changing or remodeling of any building or structure, including tents and mobile homes, before beginning or undertaking any such use or work, to see that such work does not conflict with and is not in violation of the provisions of this ordinance; and any such property owner, architect, builder, contractor or other person using property, or doing or performing any such work and in violation of the provisions of this ordinance shall be held accountable for such violation.

It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof, hereafter, created, erected, changed, converted, altered, or enlarged in its use or structure until a zoning certificate shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. Where a non conforming use or structure is extended or substantially altered, the zoning certificate shall specifically state the manner in which the non conforming structure or use differs from the provisions of this ordinance.

Any property, building or structure being used, erected, constructed or reconstructed, altered, repaired, converted or maintained in a manner not permitted by this ordinance, shall be prohibited. Non-compliance with conditions contained in a Conditional Use Permit shall also constitute a violation of this ordinance.

The Town Board may institute, or the Zoning Administrator may advise on, appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations. In addition, violations of this ordinance occurring in flood plain or shoreland areas will be forwarded to the Commissioner of Department of Natural Resources.

Any person, firm, corporation or entity violating the provisions of this ordinance shall be guilty of a misdemeanor. Each day that violation is committed or permitted to exist shall constitute a separate offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this ordinance; and the Township may pursue, by appropriate actions or proceedings, any or all additional other remedies.

The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the FFA and FFB flood fringe districts. A record of the elevations and flood proofing measures to which structures or additions are floodproofed shall also be maintained.

A. The Board of Adjustment is established in accordance with Minnesota Statutes Section 462.354 and as hereafter amended.

B. The Board of Adjustment shall consist of five (5) members, appointed by the Town Board, and at least one member shall be a member of that Town Board.

C. Members of the Board of Adjustment shall be subject to removal, for cause, upon majority vote by the Town Board, after notice and opportunity for hearing before the Board.

D. Members whose terms have expired shall continue to serve as members of the Board of Adjustment until their replacements have been appointed. The term of a Town Board member who also serves on the Board of Adjustment shall be concurrent.

E. Meetings of the Board of Adjustment shall be scheduled monthly at a regular time and location but shall be held only at the call of the chairman and at such other times as the Board, in its rules of procedure, may specify.

F. The Board of Adjustment shall elect a chairman and vice chairman from its members and shall appoint a secretary who need not be a member of the Board. It shall adopt rules for transaction of its business and shall keep a public record of its transactions, findings, and determinations. Staff services for the Board of Adjustment shall be furnished by the Township.

G. The Board of Adjustment shall act upon all questions as they may arise in the administration of this zoning ordinance; and it shall hear and decide appeals from, and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this zoning ordinance. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state. The appeal procedures are indicated in Section 4.06 of this zoning ordinance.

H. The Board of Adjustment shall also have the authority to grant variances to the provisions of this zoning ordinance under certain conditions. The conditions and procedures for issuance of a variance are indicated in Section 4.08 of this zoning ordinance.

The Town Board may adopt, by a majority vote of all members of the Board, amendments to the zoning ordinance and to the official zoning map, which meet the goals and policies of the Township as reflected in the Comprehensive Plan or changes in conditions in the Township.

B. Initiation of Proceedings: The procedure for amending the zoning ordinance shall be initiated by at least one of the following three methods:

1. By petition of an owner or owners of property which is proposed to be rezoned or for which district regulations changes are proposed;

2. By recommendation of the Planning and Zoning Commission(here-in-after called Commission);

C. Amendment Procedures-Property Owners: The procedures for a property owner to initiate an amendment to the ordinance are as follows:

1. The applicant shall obtain the application and necessary forms from the Zoning Administrator.

2. The applicant shall submit the application to the zoning administrator, together with any necessary supporting documents or exhibits, which may include:

c) any maps showing contours should comply with section 2.00 Topographic Map Scales.

3. After review of the application and any research required the Zoning Administrator shall submit the application with recommendations to the Commission. The Zoning Administrator shall set a date for the public hearing at the next Commission meeting that would allow adequate time to publish the legal notices and the mailing of such notices to surrounding property owners in accordance with applicable Minnesota Statutes. Failure of any property owner or occupant to receive such notice shall not invalidate the proceedings, provided a bona fide attempt to give such notice has been made. All amendments to this ordinance pertaining to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts shall be submitted to and approved by the Commissioner of Natural Resources and the Federal Insurance Administration prior to their adoption.

4. The Commission shall hold a public hearing, The commission shall recommend findings based upon the evidence established during the hearing and provide a recommendation to the Town Board.

5. The Zoning Administrator shall provide the recommendations of the Commission to the Town Board. The Town Board shall review the Commission findings and shall act upon the application within the time period allotted by State Statute.

6. No application of a property owner for an amendment to the text of this zoning ordinance or the Official Zoning Map shall be reconsidered by the Commission within the one (1) year period following a denial by the Town Board of such request, except the Commission may permit a new application, including new fee, if in the opinion of the Commission new evidence or a change of circumstances warrant it.

D. Amendment Procedures - Planning and Zoning Commission: The procedures for the Planning and Zoning Commission to initiate a rezoning or an amendment to this ordinance are as follows:

1. The Commission shall pass a motion recommending an amendment to this ordinance.

2. The Zoning Administrator shall set a date for the public hearing before the Planning Advisory Commission in accordance with the public hearing requirements, Section 462.357 of the Minnesota Statutes. Failure of any property owner or occupant to receive such notice shall not invalidate the proceeding, provided a bona fide attempt to give such notice has been made. Town wide amendments to this zoning ordinance need not be mailed to property owners or surrounding property owners affected by such an amendment.

All amendments to this zoning ordinance pertaining to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts shall be submitted to and approved by the Commissioner of Natural Resources prior to their adoption. Changes to the Official Zoning Map pertaining to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts also require prior approval by the Federal Insurance Administration.

3. The Commission shall hold the public hearing, adopt findings based upon the evidence established during the hearing and provide a recommendation to the Board in accordance with State Statutes.

4. The Board shall adopt findings and act upon the application in accordance with State Statutes.

E. Amendment Procedures - Town Board of Supervisors: The procedures for the Town Board of Supervisors to initiate a rezoning or an amendment to this ordinance are as follows:

1. The Board shall pass a motion indicating their intent to amend this ordinance.

2. The Board shall submit the proposed amendment to the Commission for review and comment.

3. The remainder of the procedures are the same as those specified in Section 4.00 (D) (2 4).

F. Amendment Procedures: Sections 10.20 and 10.21: In addition to the procedures outlined above, any proposed amendment to the text addressing Sections 10.20 and 10.21 shall be referred to the Olmsted County Soil and Water Conservation District Board for comment prior to action by the Commission or the Town Board initiating the amendment.

1. Purpose: Rochester Township considers vital, the orderly, integrated, compatible development of the limited land area within the township. The Olmsted County General Land Use Plan establishes general land use policy. The zoning ordinance establishes detailed policies, regulations and standards for the township. General development plans are necessary to:

a) insure that the landowner and developer investigates the broad effects development of property will have on the site and also on adjacent properties and the public infrastructure;

b) guide the future growth and development of those portions of the township identified for development in accordance with the land use plan;

c) protect the natural, social and economic character of the township by encouraging orderly development that assures appropriate timing and sequencing;

d) ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed development(s);

e) prevent the pollution of water bodies and groundwater; assure the adequacy of drainage; and establish protection for and wise management of natural resources in the township

g) avoid and remedy the problems associated with inappropriately subdivided lands, including premature subdivision and scattered subdivision

a) for any land use plan amendment., zone change, or subdivision of land requiring plating on land located within an Urban Service Area

1) A GDP shall not be required for any portion of an area for which a GDP has previously been approved by the Townboard

2) A GDP may be waived by the Townboard based on the factors of subsection 2(b)(1-6)

b) In the review and approval of a proposed zoning district amendment in the Suburban Development Area the Commission and the Townboard shall first determine whether a general land use plan shall be required, based on the following factors:

3) the potential for street, surface water runoff and drainage system, and open space connections from the subject property to adjacent property, developed or undeveloped;

4) the amount of undeveloped land in the vicinity and amount that borders the subject property; whether proposed development is infill development;

5) onsite and adjacent property site characteristics including floodplain, shoreland, public waters, blufflands, and public streets and street pattern;

7) sufficiency of public facilities and services serving the proposed development area, and appropriate timing of and location of development.

c) The Townboard shall have the authority to initiate a GDP for a parcel or area located within the Rochester Urban Service Area or the Suburban Development Area as designated on the Olmsted County General Land Use Plan.

3. A GDP shall be acted on separately by the Townboard and the Commission in accordance with the procedures of section 4.00 amendments. A GDP and zoning map and zoning map amendment may be reviewed at the same time in the hearing process. The action taken must be by separate motion of the Commission and the Townboard.

a) all current parcels proposed for subdivision and development under the rezoning;

b) all other parcels abutting the property proposed for rezoning or within one half mile of the boundaries of the property proposed for rezoning located within the urban service area, urban reserve area or the suburban development area as delineated on the land use plan;

c) all adjacent lands under the same ownership as the owner or applicant proposing the rezoning and

a) existing and proposed land uses, densities, and general lot sizes and location;

b) transportation and other infrastructure systems internal to the planning area including the street pattern and connections to the external street network and shared water supply and sewage treatment systems;

d) the open space system that may include natural resource lands (unique habitat, outdoor recreation space, wooded areas, significant visual resource areas), and sensitive lands (shorelands, wetlands, floodplain, steep slopes, sinkhole concentrations and other features dependent on the site); and,

6. In the review of a GDP, the Commission and the Townboard shall make findings indicating that:

a) proposed land uses are in accord with the Olmsted County General Land Use Plan and Zoning Map;

c) the proposal makes provision for planned capital improvements and streets based on the county capital improvement plan and Thoroughfare Plan;

d) the proposal makes adequate provision for surface water drainage, soil erosion control, water supply, sewage treatment, consistent with State law and rule and Township or County ordinance;

e) the lot, block and street layout is consistent with General Land Use Plan use, development and resource management policy, and subdivision design principles;

f) unique natural resource features and sensitive areas are protected through the open space provision and appropriate lot layoutl

h) connecting roads are adequate to handle projected traffic, or provision has been made to correct deficiencies.

3. the proposed development is timely based on surrounding land uses, proximity to development, and the availability and adequacy of infrastructure;

4. the proposal permits land uses within the proposed district that are appropriate on the property and compatible with adjacent uses and the neighborhood;

The purpose of a conditional use permit is to allow a use that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that 1) The proposed use or development conforms to the Comprehensive Plan, and 2) is compatible with the existing adjacent areas, 3) is site appropriate.

A conditional use permit will be allowed only after an application for a permit has been heard before the Commission and approved by the Town Board of Supervisors, except when there is an appeal to the Board of Adjustment and Appeals, and then, only after the approval of the Board of Adjustment and Appeals.

A. Criteria for Granting Conditional Uses: In granting a conditional use, the Commission shall consider the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the Commission shall consider the following:

1. The proposed use will not be injurious to the use and enjoyment of other property in the neighborhood and will not significantly diminish or impair the values of such property;

2. The proposed use will not impede the normal and orderly development and improvements of the surrounding property;

3. Adequate utilities, parking, drainage and other necessary facilities will be provided;

4. Adequate ingress and egress will be provided to minimize traffic congestion in the public streets;

5. The traffic generated by the proposed use can be safely accommodated on existing or planned street systems; and the existing public roads providing access to the site will not need to be upgraded or improved by the Township or County in order to handle the additional traffic generated by the use.

6. Adequate measures have been taken or proposed to prevent or control offensive odor, fumes, dust, noise, vibration, lighting or storm water runoff, which would otherwise disturb the use of neighboring property.

7. The special criteria or requirements indicated in Article X, General Regulations, are complied with;

8. The water and sanitary systems are or would be adequate to prevent disease, contamination and unsanitary conditions.

When deciding on conditional uses to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts, the following additional factors shall also be considered:

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

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

11. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

12. The relationship of the proposed use to the flood plain management program for the area.

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

14. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

15. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

16. The importance of the services provided by the proposed facility to the community.

18. The availability of alternative locations not subject to flooding for the proposed use.

19. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

20. Based upon 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.

When deciding on a conditional use to the A 1, A 2, A 3, and A 4 Agricultural Districts, the following additional factors shall be considered.

21. The amount of prime agricultural land with a crop equivalent rating of 60 or above that would be taken out of production as a result of the use.

22. The need for new public roads or the need for improvement to existing public roads is minimal.

23. A thorough evaluation of the waterbody and topographic, vegetation, and soils conditions on the site must be made to ensure:

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

25. That peak storm runoff is maintained at or below the 25 year storm event level, unless other conditions require a lower level.

26. That the visibility of structures and other facilities as viewed from public waters is limited;

28. That the types, uses, and numbers of watercraft that the project will generate are compatible in relation to th