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 the suitability of public waters to safely accommodate these watercraft.

B. Additional Conditions: In permitting a new conditional use or the alteration of an existing conditional use, the Commission may recommend and/or the Town Board may impose, in addition to those standards and requirements expressly specified by this ordinance, additional conditions which either the Commission or the Town Board considers necessary to protect the best interest of the surrounding area or the Township as a whole. These conditions may include, but are not limited to the following:

7. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

12. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted.

13. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

C. Required Exhibits: The following exhibits shall be required unless waived by the Zoning Administrator:

3. A development plan of the property showing the existing or proposed buildings, streets, access roads, driveways, parking spaces and signs.

Conditional uses pertaining to the Floodway, Flood Fringe (FFA and FFB) and Flood Plain Districts, Sections 9.02, 9.04, 9.06, and 9.08, shall, in addition to the previous exhibits, require the following:

6. Plans in triplicate drawn to scale (minimum scale is one (1) inch per one hundred (100) feet) showing the nature, location, dimensions and elevations of the lots, existing or proposed, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel.

7. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

8. Any additional information deemed necessary by the Commission to determine the suitability of the particular site for the proposed use.

9. State and Federal Permits. Prior to granting a permit or processing an application for a Conditional Use Permit the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.

D. Conditional Use Procedures: The procedures for a property owner to obtain a conditional use are as follows:

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

2. The applicant shall return the application to the Zoning Administrator along with the required exhibits and pay the fee established by the Board for processing the conditional use procedures (See Appendix A).

3. Prior to the processing of the application for a conditional use pertaining to the Floodway, Flood Fringe (FFA and FFB) and Flood Plain Districts, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits pertaining to flood proofing and flood protection measures.

If the conditional use is with respect to either the Floodway, Flood Fringe (FFA and FFB) or the Flood Plain Districts, the Zoning Administrator shall transmit one (1) set of plans to a designated engineer or other expert person or agency acceptable to the county for technical assistance 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 protections, and other matters.

In addition, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing

a) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District.

1) A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.

2) Plan (surface view) showing elevations or contours of the ground (contours per Topographic Map Scales, Sect 2.0); pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type.

3) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:

2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

3) Compute the floodway necessary to convey or store the regional flood without increasing the flood stages more than 0.2 foot. A cumulative stage increase less than 0.5 feet shall be required. If as a result of the additional stage increase, increased flood damages would result a lesser stage increase may be mandated. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

c) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Commission. The Commission must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District Boundary or deny the permit application. The Commission, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency and the Department of Natural Resources for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the permit application may be processed.

4. The Zoning Administrator shall set a date for the public hearing before the Commission in accordance with the public hearing requirements in accordance with 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.

5. The Commission shall hold the public hearing, adopt findings based upon the evidence established during the hearing and shall reach a decision upon the application in accordance with times set by State Statutes.

6. The Commission’s decision granting the conditional use with respect to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain districts shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.

7. The Zoning Administrator shall transmit a certified copy of an approved conditional use permit, along with the legal description of the property, to the County Recorder for recording, except when the Commission’s decision is being appealed.

8. A decision by the Commission may be appealed to the Town Board within ten (10) days following the Commission’s decision. (Ref.: Section 4.06)

9. A conditional use permit shall remain in effect for so long as the conditions of the permit are observed or complied with.

10. No application for conditional use shall be reconsidered by the Commission within the one (1) year period following a denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it.

11. Should no construction or use begin within one year from the date of approval, or should the approved conditional use be discontinued for a period of one year, the conditional use shall be void, except that the applicant may request a single one year extension from the Zoning Administrator.

12. A conditional use permit is not transferable unless specified differently in the Conditional Use Permit.

A decision of the Commission may be appealed to the Townboard. Such appeal may be taken by a person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state. Should a zoning certificate or building permit have been issued as a result of the Commission's decision, such permit shall be suspended until the Townboard has rendered a decision on the appeal.

1. The appeal application shall be submitted to the Zoning Administrator within ten (10) days of the Commission's decision and the appellant shall pay the fee for the appeal as established by the Townboard (See Appendix A).

2. Within sixty (60) days after receipt of the appeal application, the Townboard shall hold a public hearing in accordance with Minnesota Statutes, Section 462.357. The Board shall adopt findings and shall act upon the appeal within sixty (60) days of the Board's scheduled public hearing date.

3. A decision of the Board granting the conditional use pertaining to the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.

4. A certified copy of an approved conditional use, along with the legal description of the property, shall be transmitted to the County Recorder for recording.

A decision of the Zoning Administrator or any administrative official charged with enforcing this zoning ordinance may be appealed to the Town Board. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state. An appeal stays all proceeding in furtherance of the action appealed , unless the Town Board certifies that there is imminent peril to life or property.

1. The appeal application shall be submitted to the Zoning Administrator within ten (10) days of the Zoning Administrator or administrative official's decision. The appellant shall pay the fee for processing the appeal as established by the Town Board of Supervisors (See Appendix A).

2. Within sixty (60) days after receipt of the appeal, the Town Board shall hold a public hearing and notify the appellant, the official from whom the appeal is taken, and the public in accordance with Minnesota Statutes Section 462.357. The Town Board shall adopt findings and shall act upon the appeal within sixty (60) days of the Town Board’s scheduled public hearing date.

A variance from a provision of this zoning ordinance may be granted by the Town Board in those cases where the zoning ordinance is found to impose unnecessary hardship to a property owner. The Town Board may not permit as a variance any use that is not permitted for the property in the district where the affected person's land is located.

A. Criteria for Granting a Variance: A variance may be granted only in the event that the Town Board finds that this zoning ordinance causes unnecessary hardship to the property owner and finds evidence that all the following facts and conditions exist:

1. That there are exceptional and extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district.

2. That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance.

3. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this zoning ordinance or the public interest.

4. That the condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

5. That the variance requested is the minimum variance which would alleviate the hardship.

When deciding a variance pertaining to Sections 9.02, 9.04, 9.06, and 9.08 Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts, the following additional factors shall be considered:

6. That there are no practical alternatives available without the granting of a variance;

7. That the literal interpretation of the zoning ordinance would result in exceptional hardship to the applicant, not mere inconvenience;

8. That the granting of such variance will not increase flood heights, create additional threats to public safety, necessitate extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

When deciding a variance to the Shoreland District regulations, the following additional factors shall be considered:

9. No variance shall have the effect of allowing in any district uses prohibited in that district, permit 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, or

10. In areas where development exists on both sides of a proposed building site, water and road setbacks may be varied to conform to the existing established setbacks, or

11. In areas of unusual topography or substantial elevation above the lake level, the water setback may be varied to allow a riparian owner reasonable use and enjoyment of his property, or

12. Where homes incorporate a method of sewage disposal other than soil absorption, water setbacks may be reduced by one third (1/3).

13. For existing developments, dependent on ISTS’s , the application for variance that increases sewage system loading must require adequate capacity of a conforming system and reconstruction of a non-conforming system.

B. Required Exhibits: The following exhibits shall be required unless waived by the Zoning Administrator:

C. Variance Procedures: The procedures for a property owner to obtain a variance are as follows:

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

2. The applicant shall return the application and necessary forms to the Zoning Administrator along with the required exhibits and pay the fee established by the Board. (See Appendix A).

3. Whenever the variance is related to provisions of the Floodway, Flood Fringe (FFA and FFB) and the Flood Plain Districts, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of all applications for variances so that the Commissioner receives at least ten (10) days notice of the hearing.

a) The issuance of a variance to construct a structure below the base of flood level may result in increased premium rates for flood insurance, and

b) Such construction below the flood protection elevation increases risks to life and property.

4. The Zoning Administrator shall set a date for the public hearing before the Board of Adjustment in accordance with the public hearing requirements, Minnesota Statutes Section 462.357. 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.

5. After review of the application and any research the Zoning Administrator shall submit the application along with a recommendation to the Board of Adjustment.

6. The Board of Adjustment shall hold a public hearing, and shall adopt findings based upon the evidence established during the hearing and shall provide a recommendation to the Town Board.

7. The Zoning Administrator shall provide the established recommendation of the Board of Adjustment to the Town Board. The Town board shall adopt findings and act on the variance in accordance with times set by State Statutes.

8. The Zoning Administrator shall mail a certified copy of the approved variance to the petitioner.

9. The Zoning Administrator shall transmit a certified copy of an approved variance, along with the legal description of the property, to the County Recorder for recording.

10. The Zoning Administrator shall send a copy of the Town Board’s decision granting a variance to the Floodway, Flood Fringe (FFA and FFB), Flood Plain District or Shoreland District to the Commissioner or the Commissioner’s designated representative and be postmarked within at least ten (10) days of the public hearing.

11. The Zoning Administrator shall transmit a copy of the decisions a summary of the public record/testimony and the findings of fact and conclusions for the Board of Adjustment’s decision to the applicant and County Recorder and be postmarked within ten (10) days of the decision.

The temporary use of property, in any district, for a use customarily incidental to the construction of roads, buildings, utilities, or public projects may be allowed upon approval of a zoning certificate in the form of a temporary and revocable permit for not more than a 90 day period by the Zoning Administrator. The Zoning Administrator shall attach those conditions which will safeguard the public health, safety and general welfare. The permit may be renewed by the zoning administrator, provided that the total approved time shall not exceed one (1) year. Issuance of a permit shall be subject to, but not limited to, the following conditions:

The purpose of this district is to maintain, conserve and enhance agricultural land, and natural habitat for plant and animal life. This district is intended to encourage long term agricultural uses and preserve prime agricultural farmland by restricting the location and density of non farm dwellings and other non farm land uses. The definition of a farm for this district is "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".

b) Non Farm: One non farm dwelling may be located upon a buildable non farm lot (See Section 1.26, b, 2 & 3).

c) Farmstead dwelling: One farmstead dwelling may be located upon a non farm lot in conformance with Section 5.00 D.

1. A second farm dwelling or mobile home may be placed on the same farmstead as another when the ownership of such farm exceeds a size of eighty (80) acres of contiguous land and provided that the residents of both dwellings are owners, operators or employees of said farm.

2. General farming, including the raising of crops, livestock, poultry, dairying, horticulture, apiculture, sod farming, forestry, and similar agriculturally related uses, provided that animal feedlots shall not exceed 1,000 animal units.

3. Farm drainage systems, flood control and watershed structures and erosion control devices meeting all county, state and soil conservation district minimum regulations.

4. Railroad right of ways, but not including freight classification yards and buildings.

5. Temporary or seasonal roadside stands provided that adequate off street parking is available, traffic visibility or traffic flows are not adversely affected and not more than one stand per farm. No more than one twenty five (25) square foot sign advertising the stand shall be permitted for each street or road frontage.

8. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

1. One mobile home as a second dwelling on a lot, under one or more of the following circumstances:

a) When there is a need to provide health care services to residents of either of the dwellings;

b) When all adult residents of either of the dwellings are sixty (60) years of age or older;

c) When at least one of the adult occupants of each dwelling is employed full time in general farming activities carried out on the parcel.

2. Public utility buildings such as substations, transformer stations and regular stations without service or storage yards.

4. Churches and community buildings, including chapels, temples, synagogues, cemeteries and normal accessory buildings for education and living quarters.

5. Airports, landing fields and platforms, hangars, masts, and other facilities for the operation of aircraft.

6. Commercial telecommunications towers and transmitters including radio, television, and wireless telecommunications.

9. Any new or expanding feedlot exceeding 1000 animal units as regulated in Section 10.26. No animal feedlot shall exceed 2000 animal units.

13. Other uses similar to those uses described as permitted or conditional uses in Section 5.00 (A) or (B).

14. Private parks and open space uses, including hiking areas, trails for cross county skiing, picnic facilities, and similar activities, but not to include camping or other overnight lodging, nor motorized recreational vehicles, such as dirt bikes, motorcycles, snowmobiles, and so on.

15. Guest houses, elderly hotels, and retreats, providing lodging and meals for up to a total of ten (10) guest and residents, exclusive of the household of the operator, provided that the owner and operator of the facility resides on the premises; and that the location of the proposed use meets the criteria for recreational commercial uses in the General Land Use Plan for the Olmsted County Area, with the exception of access on a major highway.

16. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same property.

a) The applicant and landspreading site comply with MPCA Rules, Chapter 7040, as administered by the Minnesota Pollution Control Agency.

C. Standards for Non Farm Dwellings: Non farm dwellings shall be permitted only when they comply with all of the following standards:

1. No more than one non farm dwelling per quarter section shall be permitted. Should a quarter section contain a buildable non farm lot, no additional dwelling shall be permitted.

2. Any non farm dwelling shall be located on at least one (1) acre of non prime agricultural soils with a crop equivalent rating of 55 or less. When a dwelling, which is not a mobile home, existed in its present location prior to April 16, 1983, this standard does not apply.

3. No non farm dwelling shall be permitted in areas identified as wetlands or flood plain.

4. No non farm dwelling shall be located within one fourth (1/4) mile of an animal feedlot or manure storage facility not located on the same non farm lot.

Commentary: The purpose of the following section is to permit an existing farm dwelling to be subdivided from a farm subject to the limitations listed as "standards" in the following section:

D. Standards for Farmstead Dwellings: A farmstead dwelling may be created provided the following standards are complied with:

1. A habitable farm dwelling must have legally existed on the farm in a habitable condition as of April 16, 1983.

3. Each parcel containing a farmstead dwelling must contain a minimum area of five (5) acres.

4. A parcel containing a farmstead dwelling shall not contain more than five (5) acres of prime cropland.

6. If a farm contains more than one dwelling, only one of the dwellings may become a farmstead dwelling; the remaining dwelling or dwellings must remain on a farm parcel or be removed from the parcel.

7. Parcels containing farmstead dwellings shall conform with the yard, area, lot width and access requirements of this ordinance.

8. The farmstead dwelling is located at least one fourth (1/4) mile from a feedlot not located within the farmstead boundary.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided.

b) A minimum interior yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot shall have an area of not less than two (2) acres, except when additional lot area is required by the County Health Department to meet the Board of Health regulations.

a) Each lot shall have a minimum width of one hundred and fifty (150) feet at the proposed building site.

b) Each lot shall be provided with either thirty three (33) feet of frontage along a public road or a recorded private easement of not less than thirty three (33) feet for access to the building site.

The purpose of this district is to maintain, conserve and enhance agricultural lands which are historically valuable for crop production, pasture land, and natural habitat for plant and animal life. This district in intended to encourage long term agricultural uses and preserve prime agricultural farmland by restricting the location and density of non farm dwellings and other non farm land uses. The A 2 District does provide a slightly higher density of non farm dwellings than the A 1 District and is intended to apply to those areas within the comprehensive Plan's "Agricultural Protection Area" and "Agricultural Area" where major agricultural investments, large farms and feedlots are more scattered and greater numbers on non farm uses or small parcels are present. The definition of a farm for this district is "a lot used for agricultural or horticultural uses and comprised of at least thirty five (35) acres".

1. Uses permitted in Section 5.00 (A) Permitted Uses, of A 1 Agricultural District, except that animal feedlots permitted under Section 5.00 (A) 2, shall not exceed 500 animal units.

1. Uses permitted in Section 5.00 (B) Conditional Uses, A 1 Agricultural District, except Section 5.00 (B) 9.

2. Any new or expanding feedlot exceeding 500 animal units as regulated in Section 10.26. No animal feedlot shall exceed 1000 animal units.

C. Standards for Non farm Dwellings: Non farm dwellings shall be permitted only when they comply with all of the following standards:

1. No more than one non farm dwelling per quarter quarter section. Should a quarter quarter section contain a buildable non farm lot, no additional dwelling shall be permitted.

2. Any non farm dwelling shall be located upon at least one (1) acre of non prime agricultural soils with a crop equivalent rating of 55 or less. When a dwelling, which is not a mobile home, existed in its present location prior to April 16, 1983, this standard shall not apply.

3. No non farm dwelling shall be permitted in areas identified as wetlands or flood plain.

4. No non farm dwelling shall be located within one fourth (1/4) mile of an animal feedlot or manure storage facility not located on the same non farm lot.

Commentary: The purpose of the following section is to permit an existing farm dwelling to be subdivided from a farm subject to the limitations listed as "standards" in the following section:

D. Standards for Farmstead Dwellings: A farmstead dwelling may be created provided the following standards are complied with:

1. A habitable farm dwelling must have legally existed on the farm in a habitable condition as of April 16, 1983.

3. Each parcel containing a farmstead dwelling must contain a minimum area of five (5) acres.

4. A parcel containing a farmstead dwelling shall not contain more than five (5) acres of prime cropland.

6. If a farm contains more than one (1) dwelling, only one of the dwellings may become a farmstead dwelling; the remaining dwelling or dwellings must remain on a farm parcel or be removed from the parcel.

7. Parcels containing farmstead dwellings shall conform with the area, lot width and access requirements of this ordinance.

E. General District Regulations: The same as Section 5.00 (E) General District Regulations, A 1 Agricultural District.

The purpose of the A 3 District is to maintain and conserve agricultural investments and prime agricultural farmland, but to permit some non farm development at a low density, not to exceed one dwelling unit per 10 acres. This district is intended to be limited to the Comprehensive Plan's "Agricultural Area" and the "Suburban Subdivision Area". The definition of a farm for this district is "a lot used for agricultural or horticultural uses and comprised of at least thirty five (35) acres".

1. Uses permitted in Section 5.00 (A) Permitted Uses, A 1 Agricultural District, except Section 5.00 (A) (3).

2. General Farming: Including the raising of crops, livestock, poultry, dairying, horticulture, apiculture, sod farming, and similar agriculturally or forestry related uses; provided that new animal feedlots shall not exceed 100 animal units,.

1. Uses permitted in Section 5.00(B) conditional Uses, and A 1 Agricultural District, except Section 5.00(B) (9, 10).

2. Any new or expanding feedlot exceeding 100 animal units as regulated in Section 10.26. No animal feedlot shall exceed 300 animal units.

C. Standards for Non farm Dwellings: Non farm dwellings shall be permitted only when they comply with all of the following standards:

1. No more than two (2) dwelling units per quarter quarter section shall be permitted. Where two (2) dwelling units or buildable non farm lots, or any combination thereof, exist within a quarter quarter section, no additional non farm dwelling shall be permitted.

2. No dwelling unit shall be permitted in areas identified as wetlands or flood plain.

3. Any non farm dwelling shall be located on at least one half (1/2) acre of non prime agricultural soils with a crop equivalent rating of 55 or less, or in a wooded area. When a dwelling, which is not a mobile home, existed in its present location prior to April 16, 1983, this standard shall not apply.

4. No non-farm dwelling in an A-3 district shall be located within one-fourth (1/4) mile of an animal feedlot or manure storage facility upon property located in an A-1 or A-2 district.

Commentary: The purpose of the following section is to permit an existing farm dwelling to be subdivided from a farm subject to the limitations listed as "standards" in the following section:

D. Standards for Farmstead Dwellings: A farmstead dwelling may be created provided the following standards are complied with:

1. A habitable farm dwelling must have legally existed on the farm in a habitable condition as of April 16, 1983.

3. Each parcel containing a farmstead dwelling must contain a minimum area of five (5) acres.

4. A parcel containing a farmstead dwelling shall not contain more than five (5) acres of prime cropland.

6. If a farm contains more than one dwelling, only one of the dwellings may become a farmstead dwelling; the remaining dwelling or dwellings must remain on a farm or be removed from the parcel.

7. Parcels containing farmstead dwellings shall conform with the area, lot width and acres requirements of this ordinance.

1. The same as Section 5.00 (E) General District Regulations, A 1 Agricultural District, except for Subdivision 5, Lot Area Regulations.

2. Lot Area Regulations: Each lot shall have an area of not less than two (2) acres, except when additional lot area may be required by the County Health Department to meet Board of Health regulations.

The intent of the A 4 District is to provide for urban expansion in close proximity to existing incorporated urban centers within Olmsted County, in accordance with the adopted Comprehensive Plan, by conserving land for farming and other open space land uses for a period of time until urban services become available. It is the intent that urban development be deferred in such areas until an orderly transition from farm to urban uses shall be achieved by either the annexation of areas adjacent to the incorporated limits of existent urban centers, or the extension of public or other centralized sewage collection and treatment systems.

1. Uses permitted in Section 5.00(A) Permitted Uses, A 1 District as follows: Subdivisions 1 and 4 9.

2. General farming, including the raising of crops, livestock, poultry, dairying, horticulture, apiculture, sod farming, and similar agriculturally related uses; provided that new animal feedlots shall not exceed 30 animal units.

5. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

1. Uses permitted in Section 5.00(B) Conditional Uses, A 1 Agricultural District, except Section 5.00 (B) (9, 10) and public park facilities.

4. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same property.

5. Any new or expanding feedlot exceeding 30 animal units as regulated in Section 10.26. No animal feedlot shall exceed 100 animal units.

Commentary: The purpose of the following section is to permit an existing farm dwelling to be subdivided from a farm subject to the limitations listed as "standards" in the following section:

C. Standards for Farmstead Dwellings: A farmstead dwelling may be created provided the following standards are complied with:

1. A habitable farm dwelling must have legally existed on the farm in a habitable condition as of April 16, 1983.

3. Each parcel containing a farmstead dwelling must contain a minimum area of five (5) acres.

4. A parcel containing a farmstead dwelling shall not contain more than five (5) acres of prime cropland.

7. Parcels containing farmstead dwellings shall conform with the area, lot width and access requirements of this ordinance.

b) No residential buildings used for dwellings shall hereafter be erected or structurally altered to exceed thirty five (35) feet in height.

c) Public or semi public buildings, churches, cathedrals, temples or schools may be erected to a maximum height of fifty five (55) feet. When such buildings exceed thirty five (35) feet in height, the setback requirements shall increase at a rate of one (1) foot for each foot of height exceeding thirty five (35) feet.

d) There is no height limitation for commercial telecommunications towers. Setback requirements from each property line shall be a distance equal to the height of the tower.

a) There shall be a minimum lot size of thirty five (35) acres per new residential dwelling unit when not served by a public or centralized sewage collection and treatment system.

b) When a new lot is proposed to be served by a public or other centralized sewage treatment system and is located within an area identified as Urban Service Area in the General Land Use Plan, the minimum lot area shall be determined by a special district established under provisions of Section 8.10 in accordance with the standards in the General Land Use Plan for interim development.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided on all lots adjoining federal, state, and county roads.

b) A minimum front yard depth of not less than thirty (30) feet shall be provided on lots adjoining local roads and streets.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided on all lots adjoining federal, state, and county roads.

b) A minimum side street yard width of not less than thirty (30) feet shall be provided on all lots adjoining local roads and streets.

c) A minimum interior side yard width of not less than eight (8) feet shall be required. Except that at least one side yard shall be maintained with a minimum width of twenty (20 ) feet

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot shall have a minimum width of one hundred fifty (150 ) feet of frontage along a public road, except when the lot is served by public or centralized sewage collection and treatment system, then one hundred twenty feet (120) shall be the minimum lot width along a public road.

The purpose of this district is to provide suitable areas for low density residential development, not to exceed one (1) dwelling per five (5) acres of land, in areas within the county described as the "Suburban Subdivision Area" in the Comprehensive Plan. No new R-A Districts shall be created after this ordinance is adopted. Plans under which they were approved will continue in force and will be the basis on which an proposed changes will be reviewed. Changes to an approved

R-A development will be treated as an amendment procedure referred to in Section 4.00 of this ordinance

2. Keeping and raising of livestock and poultry for personal use only, provided they are housed and fenced so as not to become a nuisance and are clearly noncommercial in nature. The animal density shall not be greater than one (1) animal unit per acre of pasture land. In no case shall any structure used for housing poultry or livestock be so located as to be nearer than fifty (50) feet to any property line.

4. A state licensed group home or foster home serving six or fewer mentally retarded or physically handicapped persons.

5. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

1. Private or public facilities including but not limited to schools, churches, cemeteries, parks, and community buildings.

2. Public utility buildings such as substations, transformer stations, and regulator stations without service or storage yards.

3. Supervised living facilities for the mentally retarded or physically handicapped, provided that the facility is family like as determined by:

d) Maximum of sixteen (16) mentally retarded or physically handicapped persons in residence.

5. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same property.

a) No residential buildings used for dwellings shall hereafter be erected or structurally altered to exceed thirty five (35) feet in height.

b) Public or semi public buildings, churches, cathedrals, temples or schools may be erected to a maximum height of fifty five (55) feet. When such buildings exceed thirty five (35) feet in height, the setback requirements shall increase at a rate of one (1) foot for each foot of height exceeding 35 feet.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided on all lots adjoining federal, state and county roads.

b) A minimum front yard depth of not less than thirty (30) feet shall be provided on lots adjoining local roads and streets.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided on all lots adjoining federal, state, and county roads.

b) A minimum side street yard width of not less than thirty (30) feet shall be provided on all lots adjoining local roads and streets.

c) A minimum interior side yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot used for residential purposes shall have an area of not less than five (5) acres, except when additional lot area is required by the County Health Department to meet Board of Health regulations.

a) Each lot shall have a minimum width of one hundred fifty (150) feet at the front building line.

Non-Living space is that accessory space in the residential building envelope that is typically used as garage for the storage of vehicles and small equipment or as a work shop.

a) For lots of one (1) acre or less this space may not exceed the maximum cumulative gross floor area (measured of the largest floor) of the residential living space or finished area of the residential structure.

b) Where the maximum cumulative gross floor area (measured on the largest floor and including interior parking spaces) does not exceed the following schedule then no additional set back distance shall be required:

1) For lots with a lot area of less than one(1) acre – one thousand (1,000) square feet

2) For lots with a lot area of a least one (1) acre but less than two (2) acres – twelve hundred (1,200) square feet.

3) For lots with a lot area of two (2) acres or greater – fifteen hundred (1,500) square feet.

c) Where the maximum cumulative gross floor area exceeds the values in b) above, then the setback distances shall be increased at the following rates:

9. Access onto Township or County Roads: No lot or parcel in a R-A District shall have more than one access onto a township or county road.

The purpose of this district is to provide for low density residential development in those areas described as "Suburban Subdivision Area" within the Comprehensive Plan that have suitable soils for long term private sewage systems and those areas suitable for Low Density Residential within the Urban Service or Reserve Area served by Public or other centralized sewage collection and treatment system.

3. A state licensed group home or foster home serving six or fewer mentally retarded or physically handicapped persons.

4. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

1. Private or public facilities including but not limited to schools, churches, cemeteries, parks, and community buildings.

2. Public utility buildings such as substations, transformer stations, and regulator stations without service or storage yards.

3. Supervised living facilities for the mentally retarded or physically handicapped, provided that the facility is family like as determined by: 1) family style appearance of the building; 2) central housekeeping; 3) designated adult(s) in charge at all times; and a maximum of sixteen (16) mentally retarded or physically handicapped persons in residence.

4. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same property.

a) No residential buildings used for dwellings shall hereafter be erected or structurally altered to exceed thirty five (35) feet in height.

a) There shall be a minimum lot size of two (2) acres per new residential dwelling unit, except when additional lot area is required by the County Health Department to meet the Board of Health regulations.

b) When the lot is served by a public or other centralized sewage collection and treatment system, the minimum lot area is one (1) acre per dwelling unit.

c) When a new lot is proposed to be served by a public or other centralized sewage treatment system and is located within an area identified as Urban Service Area in the General Land Use Plan, the minimum lot area shall be determined by a special district established under provisions of Section 8.10 in accordance with the standards in the General Land Use Plan for interim development.

d) When a new lot is proposed to be served by a public or other centralized sewage treatment system and is located within an area identified as Suburban Development Area in the General Land Use Plan, the minimum lot area shall be determined by a special district established under provisions of Section 8.10 in accordance with the standards in the General Land Use Plan for suburban development.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided on all lots adjoining federal, state, and county roads.

b) A minimum front yard depth of not less than thirty (30) feet shall be provided on lots adjoining local roads and streets.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided on all lots adjoining federal, state, and county roads.

b) A minimum side street yard width of not less than thirty (30) feet shall be provided on all lots adjoining local roads and streets.

c) A minimum interior side yard width of not less than eight (8) feet shall be provided. Except that at least one side yard shall be maintained with a minimum width of twenty (20) feet, except where the lot width at the building line is less than one hundred twenty (120) feet then at least one side yard shall have a minimum width of sixteen (16) feet.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) A lot served by private sewerage shall have a minimum width of one hundred twenty (120) feet at the front building line.

b) A lot served by public sewerage shall have a minimum width of sixty (60) feet at the front building line.

Non-Living space is that accessory space in the residential building envelope that is typically used as garage for the storage of vehicles and small equipment or as a work shop.

1) For lots with a lot area of less than one(1) acre – one thousand (1,000) square feet

2) For lots with a lot area of a least one (1) acre but less than two (2) acres – twelve hundred (1,200) square feet.

3) For lots with a lot area of two (2) acres or greater – fifteen hundred (1,500) square feet.

c) Where the maximum cumulative gross floor area exceeds the values in b) above, then the setback distances shall be increased at the following rates:

9. Access onto Township or County Roads: No lot or parcel in a R-1 District shall have more than one access onto a township or county road.

The purpose of this district is to provide a suitable location for recreational commercial uses within the "Urban Service and Reserve Areas", "Agricultural Areas"., and in limited portions of the “Agricultural Protection Area” designated in the Comprehensive Plan. The location of these districts should avoid conflicts with agricultural and residential uses and minimize their impact upon the natural environment and scenic beauty of the area. The location of these districts should be further limited to areas which have good access to major highways.

4. A single family dwelling for personnel connected with the operation of a resort or recreation facilities.

8. Accessory structures and uses customarily incidental to any of the above conditional uses when located upon the same property.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided.

b) A minimum interior yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot or parcel shall have an area of not less than two (2) acres, except when additional lot area may be required by the County Health Department to meet Board of Health Regulations.

a) Each lot shall have a minimum width of two hundred (200) feet at the front building line.

a) Not more than thirty (30%) percent of the lot shall be occupied by buildings.

The purpose of this District is to provide within the Comprehensive Plan Urban Service Area suitable locations for the convenience shopping and personal services of persons residing in relatively close proximity of these commercial facilities. The location of this district should minimize conflicts with residential uses.

a) Specialized retail stores including but not limited to gift craft, antique, bakery, food or bait shops.

a) Attorney, doctor, dentist, financial, insurance, real estate, and similar office uses.

d) Personal services similar to the following uses: photographic studios, beauty shops, barber shops, shoe repair and funeral services.

g) Commercial telecommunications towers and transmitters including radio, television, and wireless telecommunications.

3. One dwelling unit when included as an integral part of the principal building and occupied by the owner or his employee.

4. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

C. Special Requirements for the Commercial Service District: The above specified stores and businesses shall be subject to the following conditions:

1. Such stores, shops, services or businesses, shall be conducted entirely within a building.

2. Such stores, shops, services or businesses shall not exceed a gross floor area of five thousand (5,000) square feet.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided.

b) A minimum interior yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot or parcel shall have an area of not less than two (2) acres, except when additional lot area may be required by the Olmsted County Health Department to meet Board of Health Regulations.

b) A lot served by a public or other centralized sewage collection and treatment system shall have a minimum lot size of one (1) acre, or a lot size determined by a special district.

a) Each lot shall have a minimum width of two hundred (200) feet at the front building line.

b) A lot serviced by a public or other centralized sewage collection and treatment system shall have a minimum lot width of one hundred (100) feet at the front building line.

7. Lot Coverage Regulations: Not more than fifty (50%) percent of the lot shall be occupied by buildings or structures. In the shoreland district, there shall be not more than thirty (30%) percent allowable lot coverage.

This district is intended to provide suitable locations for uses oriented to serving the public and uses requiring large areas of highway frontages oriented closely to urban areas and major transportation routes within the Comprehensive Plan's Urban Service Area. Such development to be developed at standards that will not impair the traffic carrying capabilities of abutting roads and highways; not result in strip commercial development, and to separate from residential areas and in certain cases from each other, certain commercial uses which have been determined to contribute to a "skid row" or blighting development pattern in adjacent areas.

i) Miscellaneous services; including engineering, architectural, surveying services, accounting, auditing, insurance companies, bookkeeping and labor unions.

a) Business services, including advertising agencies, cleaning and maintenance services, employment agencies. and similar uses.

d) Attorney, finance, insurance, real estate, engineering and other office uses.

g) Personal services, including barber shops, beauty shops, reducing salons, photographic shop, laundry, dry cleaners, funeral services and other similar uses; except saunas, massage parlors, adult entertainment and similar uses.

j) Home improvement trades, including electricians, plumbers, building contractor shops and services, and other similar uses.

l) Commercial telecommunications towers and transmitters including radio, television and wireless telecommunications

2) any areas designated for future residential development on the township land use plan or any Urban Services Area Land use plan.

For the purposes of Section 8.04, B, 2 (m) this distance shall be a horizontal measurement from the nearest boundary of a facility identified in 8.04, B, 2, (m) to the nearest boundary of the proposed adult entertainment establishment.

3. One dwelling unit, when included as an integral part of the principal building or one mobile home occupied by the owner or his employee.

4. Recreational uses including athletic clubs, tennis or racquet ball clubs, bowling alleys, dance halls, theaters, roller or ice skating rinks, golf driving ranges, and other similar uses.

6. Accessory structures and uses customarily incidental to any of the above permitted uses when located upon the same property.

1. Height Regulations: No building or structure shall exceed thirty five (35) feet in height; provided; however, such height may be increased one (1) foot for each two (2) feet by which the building is set back in excess of the required side and rear yard setback regulations. Height and setback requirements for commercial telecommunications towers in this zoning district, are contained in Section 10.15, Commercial Telecommunications Towers.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided.

b) A minimum interior yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot or parcel shall have an area of not less than two (2) acres, except when additional lot area may be required by the Olmsted County Health Department to meet Board of Health Regulations.

b) A lot served by a public or other centralized sewage collection and treatment system shall have a minimum lot size of one (1) acre, or a lot size determined by a special district

a) Each lot shall have a minimum width of two hundred (200) feet at the front building line.

b) A lot serviced by a public or other centralized sewage collection and treatment system shall have a minimum lot width of one hundred (100) feet at the front building line.

c) Lot Coverage Regulations: Not more than fifty (50%) percent of the lot shall be occupied by buildings or structures. In the Shoreland District, there shall be not more than thirty (30%) percent allowable lot coverage.

This district in intended to provide industrial areas within the Comprehensive Plan's Urban Service Area at standards that will not impair the traffic carrying capabilities of abutting roads and highways. The districts are to be located in areas that will ensure a functional relationship among various types of land use.

2. Business services; including advertising, disinfecting, and exterminating services, employment agencies.

3. Miscellaneous services; including engineering, architectural, surveying services, accounting, auditing, insurance companies, bookkeeping and labor unions.

4. Manufacturing, compounding and treatment of materials, goods or products from previously prepared materials.

10. One dwelling unit, when included as an integral part of the principal building or one mobile home to be occupied by the owner or his employee.

11. Accessory structures and uses customarily incidental to any of the above permitted uses.

15. Public utility service buildings and yards, electrical transformer stations, substations, and gas regulator stations.

19. The manufacturing or storage of fertilizers, sulfurous, sulfuric, nitric, carbolic, hydrochloric acids or other corrosive acids or chemicals.

21. Garbage, offal, dead animals, refuse, rancid fats, incineration, glue manufacturing where the processes include the refining or recovery of products from animal refuse or offal.

22. Livestock sales, stock yards, slaughtering of and processing of animal and fowl.

30. Commercial telecommunications towers and transmitters including radio, television, and wireless telecommunications

1. All manufacturing, compounding, and treatment of materials, goods or products shall be conducted wholly within a building.

2. All uses having outdoor storage of materials or products shall screen or conceal at all times such items from adjacent residential properties.

1. Height Regulations: No building or structure hereafter erected or altered shall exceed thirty five (35) feet in height, provided; however, such height may be increased one (1) foot for each two (2) feet by which the building is set back in excess of the required side or rear yard regulations. Height and setback requirements for commercial telecommunications towers in this zoning district, are contained in Section 10.15, Commercial Telecommunications Towers.

a) A minimum front yard depth of not less than forty five (45) feet shall be provided.

a) A minimum side street yard width of not less than forty five (45) feet shall be provided.

b) A minimum interior yard width of not less than twenty five (25) feet shall be provided.

a) A minimum rear yard depth of not less than twenty five (25) feet shall be provided.

a) Each lot or parcel shall have an area on not less than two (2) acres, except that additional lot area may be required by the Olmsted County Health Department to meet Board of Health Regulations.

b) A lot served by a public or other centralized sewage collection and treatment system shall have a minimum lot size of one (1) acre, or a lot size determined by a special district.

a) Each lot shall have a minimum width of two hundred (200) feet at the front building line.

b) A lot serviced by a public or other centralized sewage collection and treatment system shall be a minimum lot width of one hundred (100) feet at the front building line.

7. Lot Coverage Regulations: Not more than fifty (50%) percent of the lot shall be occupied by buildings or structures. In the Shoreland District, there shall be not more than thirty (30%) percent allowable lot coverage.

The purpose of this district is to provide within the Urban Service Area of the Comprehensive Plan suitable locations for medical institutional uses. The location of this district should minimize conflicts with residential and agricultural uses.

8. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same property.

1. Height Regulations: No building or structure shall exceed thirty five (35) feet in height, provided; however, such height may be increased one (1) foot for each two (2) feet by which the building is set back in excess of the required side and rear yard setback regulations.