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CHAPTER 300
ZONING REGULATIONS
300:010 CLASSIFICATION OF DISTRICTS
300:020 ZONING MAP
300:030 RESIDENTIAL DISTRICTS
300:031 Residential R-1 District Permitted
Uses
300:032 Residential R-1 District Conditional
Uses
300:033 Residential R-1 District Height, Yard,
Area, and Lot Width and Depth Regulations
300:034 Residential R-2 District Permitted Uses
300:035 Residential R-2 District Conditional Uses
300:036 Residential R-2 District Height, Yard, Area,
and Lot Width and Depth Regulations
300:040 RURAL RESIDENTIAL
DISTRICTS
300:041 Rural Residential Districts Permitted
Uses
300:042 Rural Residential Districts Conditional
Uses
300:043 Height, Yard, Area, and Lot Width and
Depth Regulations
300:050 AGRICULTURAL CONSERVATION
DISTRICT
300:051 Agricultural Conservation District
Permitted Uses
300:052 Agricultural Conservation District
Conditional Uses
300:053 Height, Yard, Area, Lot Width and Depth
Regulations and Density
300:060 RIVER CONSERVATION DISTRICT
300:061 Rules
300:062 Definitions
300:063 Land Use District Provisions
300:0631 Purpose
300:0632 Permitted and Conditional Uses
300:0633 Nonconforming Uses
300:064 Zoning Dimensions
300:0641 Minimum District Dimensional Requirements
300:0642 Substandard Lots
300:0643 Substandard Uses
300:065 Sanitary Provisions
300:0651 Water Supply
300:0652 Sewage Treatment
300:066 Landscape Alterations
300:0661 Vegetative Cutting
300:0662 Grading, Filling, Alterations of the
Beds of Public Waters
300:0663 Utility Transmission Crossing
300:0664 Public Roads
300:067 Subdivisions
300:0671 Land Suitability
300:0672 Planned Unit Developments
300:068 Administration
300:0681 Organization Provisions
300:0682 Certification
300:0683 Variances
300:0684 Conditional Use Permit Application
Review by DNR
300:0685 Procedures Summary
300:0686 Enforcement
300:0687 Effectuation
300:070 COMMERCIAL/INDUSTRIAL DISTRICTS
300:071 Commercial/Industrial District Permitted
Uses
300:072 Commercial/Industrial District Conditional
Uses
300:073 Site Plan Approval/Requirements for
Permitted and Conditional Uses
300:075 Height, Yard, Area, and a Lot Width and Depth
Regulations
300:080 AIRPORT APPROACH
PROTECTION OVERLAY DISTRICT
300:081 Boundaries
300:082 All Uses Conditional
300:083 Prohibitions
300:090 FLOOD PLAINS, WETLANDS,
AND SHORELANDS REGULATION
300:130 WILD AND SCENIC
RIVER RESTRICTIONS
300:140 ADDITIONAL RESTRICTIONS
ON CERTAIN CONDITIONAL USES
300:141 Salvage yards
300:142 Dog Kennels
300:143 Home Occupations
300:144 Mining and Land Alteration
300:150 PARKING
300:151 General Parking Requirements
300:152 Application to Expand and Addition
300:153 Same Tract of Land
300:154 Dust Free Materials
300:155 Minimum Parking Spaces
300:160 BUILDING REQUIREMENTS
300:161 Dwellings
300:162 One Structure Containing Dwellings
Per Lot
300:163 Fill: Frozen Ground
300:164 Road Grade
300:165 Standards and Specifications
300:166 Materials
300:167 Construction
300:168 Sewage and Septic Systems
300:170 NON-CONFORMING USES
300:171 Present Uses and Structures Excepted
300:172 No Expansion of Non-Conforming Uses
300:173 Loss of Non-Conforming Use Status
300:174 Loss of Non-Conforming Structures
300:180 PLANNING COMMISSION
300:181 Establishment
300:182 Duties
300:183 Organization
300:184 Planning Commission Secretary
300:190 BOARD OF ADJUSTMENT
AND APPEALS
300:191 Powers and Duties/Appeals
300:200 CONSTRUCTION OF
THE ORDINANCE
300:201 Validity
300:202 Chapter, Section and Subdivision Headings
300:210 AMENDMENTS/REZONING
300:211 Procedure
300:220 VARIANCES
300:221 Application
300:222 Procedures
300:223 Standards
300:224 Conditions May Be Attached to Variances
300:225 Lapse of Variance
300:230 CONDITIONAL USE
PERMITS
300:231 Application
300:232 Procedures
300:233 Standards
300:234 Recording
300:235 Compliance
300:236 Lapse of Conditional Use Permit by
Non-Use
300:240 FEES FOR REZONING,
VARIANCES AND CONDITIONAL USE PERMITS
300:250 ZONING ADMINISTRATOR/BUILDING
INSPECTOR
300:251 Appointment/Compensation
300:252 Duties
300:253 Technical Consultation
300:254 Violation/Penalties
300:255 Penalties
300:260 BUILDING PERMITS/APPLICATION
300:261 Issuance of Permit
300:262 Fees
300:263 Refusal to Issue Permits
300:264 Inspection
300:265 Expiration of Permits
300:270 PUBLIC UTILITIES
EXCEPTION
300:300 ADULT USES
300:301 Definitions
300:302 Location Requirements
300:303 Amortization of Nonconforming Uses
300:304 Additional Building Placement Restrictions
300:010 CLASSIFICATION OF DISTRICTS. For the purpose of regulating the location of buildings, their size, and use, their arrangements on lots, and the density of populations, the Township of Princeton is hereby divided into the following five districts: Residential R-1, Residential R-2, Rural Residential, Agricultural Conservation, River Conservation, and Commercial/Industrial. Unless otherwise permitted in this Ordinance, no building, lot, or tract of land shall be used and no building shall be hereafter erected or structurally altered unless it is a permitted use or a conditional use for the applicable district. Conditional uses shall also require the issuance of a Conditional Use Permit.
300:020 ZONING MAP. The geographical limits of each district are as shown on the “Zoning Map” which shall be located in the Township Hall. The Zoning Map and all amendments to the Zoning Map shall be part of this Ordinance as though fully set forth and described in this Ordinance.
300:030 RESIDENTIAL DISTRICTS.
300:031 Residential R-1 District Permitted Uses. The following are Permitted Uses in R-1 Residential Districts:
1. Single Family Dwellings.
2. Related accessory uses including but not limited to garages, swimming pools, satellite dishes, wind or solar equipment, court games and other recreational structures.
3. Gardening, Orchards, and Berry Patches.
4. State licensed residential facilities serving six (6) or fewer persons, a licensed day care facility serving twelve (12) or fewer persons, or group family day care facilities licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 to serve fourteen (14) or fewer children, except that a residential facility whose primary purpose is to treat adults or juveniles who have violated criminal statutes relating to sex offenses or juveniles who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.
300:032 Residential R-1 District Conditional Uses. The following uses are subject to a Conditional Use Permit in Residential R-1 Districts and shall meet a minimum lot area of at least two and one-half (2 ½) acres except for home occupations:
1. Public or private educational, philanthropic or charitable institutions.
2. Cemeteries and Churches
3. Public and Private Schools.
4. Parks, playgrounds, golf courses, recreation and community buildings owned and/or controlled by the Township or by a private school or public school district or other municipal authority.
5. Public utility stations.
6. Home occupations shall be limited to occupations that take place within the residential dwelling. No more than one-quarter (¼) of the residential dwelling floor space may be used for Home Occupational Purposes. Home occupations that take place within any attached garage, detached garage or other detached building and/or structure shall not be allowed by conditional use or otherwise within the Residential R-1 District. Identification of the Home Occupation by signage shall be limited to the address of the residence only.
7. Pole Barns shall not be permitted on Lots with less than three and one-half (3.5) acres. Pole Barns on three and one-half (3.5) acres or more are permitted with a conditional use permit.
8. The building materials of any accessory structure shall conform with the materials of the residential structure existing on said Lot.
300:033 Residential R-1 District Height, Yard, Area, and Lot Width and Depth Regulations.
1. Lots, Area, and Width. Lots located within Residential R-1 Districts shall meet the following minimum requirements:
a. Minimum lot area of each lot must be at least one and one-quarter (1 ¼) acres of upland.
b. Minimum lot width of one-hundred fifty (150) feet at the building setback line.
c. For lots that front public bodies of water, the lot width as measured at the high water mark shall be not less than one-hundred fifty (150) feet.
2. Yards - Front, Rear, Side, and Setbacks. Structures located within Residential R-1 Districts shall meet the following minimum setback requirements:
a. Front yard setbacks shall not be less than seventy (70) feet.
b. Side yard setbacks shall not be less than thirty-five (35) feet.
c. Rear yard setbacks shall not be less than fifty (50) feet.
d. On public bodies of water, the setback shall not be less than one-hundred (100) feet from the high water mark of the body of water.
3. Height Requirements. Structures located within Residential R-1 Districts shall meet the following height requirements:
a. Except as provided in paragraph b below, no building hereafter erected or altered shall exceed thirty-five (35) feet in height.
b. Agricultural and essential service structures shall have no height limitations.
4. Access and Driveway Requirements.
a. Access
to any Lot within the Residential R-1 District shall have a minimum of sixty-six
(66) feet of road frontage that abuts a public right-of-way.
b. All newly
constructed driveways shall be improved with bituminous or concrete surface.
300:034 Residential R-2 District Permitted Uses. The following are Permitted Uses in R-2 Residential Districts:
1. Single Family Dwellings.
2. Duplexes and triplexes.
3. Related accessory uses including but not limited to garages, swimming pools, satellite dishes, wind or solar equipment, court games and other recreational structures.
4. Gardening, Orchards, and Berry Patches.
5. State licensed residential facilities serving six (6) or fewer persons, a licensed day care facility serving twelve (12) or fewer persons, or group family day care facilities licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 to serve fourteen (14) or fewer children, except that a residential facility whose primary purpose is to treat adults or juveniles who have violated criminal statutes relating to sex offenses or juveniles who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.
300:035 Residential R-2 District Conditional Uses. The following uses are subject to a Conditional Use Permit in Residential R-2 Districts:
1. Public or private educational, philanthropic or charitable institutions.
2. Cemeteries and Churches
3. Public and Private Schools.
4. Parks, playgrounds, golf courses, recreation and community buildings owned and/or controlled by the Township or by a private school or public school district or other municipal authority.
5. Public utility services, including stations, communication towers or antennas, distribution plants, etc., but not including warehouses for the storage of bulky material, and not including factories for the manufacture of any commodity. Public utility and service structures shall not be located and constructed at such places and in such manner that they will segment agricultural land by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer or farm equipment including crop spraying aircraft.
6. Duplexes and triplexes.
7. Home occupations.
300:036 Residential R-2 Height, Yard, Area, and Lot Width and Depth Regulations.
1. Lots, Area, and Width. Lots located within Residential R-2 Districts shall meet the following minimum requirements:
a. Minimum lot area of each lot must be at least two and one-half (2 ½) acres.
b. Minimum front yard width of two-hundred (200) feet at the front lot line and sixty-six (66) feet on curves and cul-de-sacs.
c. Minimum lot width of one-hundred fifty (150) feet at the building setback line.
d. For lots that front public bodies of water, the lot width as measured at the high water mark shall be not less than one-hundred fifty (150) feet.
2. Yards - Front, Rear, Side, and Setbacks. Structures located within Residential Districts shall meet the following minimum setback requirements:
a. Front yard setbacks shall not be less than seventy (70) feet.
b. Side yard setbacks shall not be less than thirty-five (35) feet.
c. Rear yard setbacks shall not be less than fifty (50) feet.
d. On public bodies of water, the setback shall not be less than one-hundred (100) feet from the high water mark of the body of water.
3. Height Requirements. Structures located within Residential Districts shall meet the following height requirements:
a. Except as provided in paragraph b below, no building hereafter erected or altered shall exceed thirty-five (35) feet in height.
b. Agricultural
and essential service structures shall have no height limitations.
300:040 RURAL RESIDENTIAL DISTRICTS.
300:041 Rural Residential Districts Permitted Uses. The following are Permitted Uses in a Rural Residential District:
1. Agriculture and farm buildings: The use of land for growing and/or production of the following:
a. Field crops, including barley, corn, hay, oats, potatoes, rye, sorghum, soybeans and sunflowers; and
b. Livestock including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, ponies, deer, mink and other animals.
2. Single family dwellings.
3. Duplexes and triplexes.
4. Gardening, Orchards, Berry Patches and Nurseries.
300:042 Rural Residential Districts Conditional Uses. The following are Conditional Uses in a Rural Residential District:
1. Public or private institutions of an educational, philanthropic or charitable nature.
2. Cemeteries and Churches.
3. Public and Private Schools.
4. Parks, playgrounds, golf courses, recreation and community buildings owned and/or controlled by the Township or by a private school or public school district or other municipal authority.
5. Public utility services, including stations, communication towers or antennas, distribution plants, etc., but not including warehouses for the storage of bulky material, and not including factories for the manufacture of any commodity. Public utility and service structures shall not be located and constructed at such places and in such manner that they will segment agricultural land by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer or farm equipment including crop spraying aircraft.
6. Home Occupations.
300:043 Height, Yard, Area, and Lot Width and Depth Regulations.
1. Lots, Area, and Width. Lots located within Rural Residential Districts shall meet the following minimum requirements:
a. Minimum area of each lot must be at least two and one-half (2 ½) acres.
b. Minimum front yard width of three-hundred (300) feet at the front lot line and sixty-six (66) feet on curves and cul-de-sacs.
c. Minimum lot width of one-hundred fifty (150) feet at the building setback line.
d. For lots that front public bodies of water, the lot width as measured at the high water mark shall be not less than one-hundred fifty (150) feet.
2. Yards - Front, Rear, Side, and Setbacks. Structures located within Rural Residential Districts shall meet the following set back requirements:
a. Front yard setbacks shall not be less than seventy (70) feet.
b. Side yard setbacks shall not be less than thirty-five (35).
c. Rear yard setbacks shall not be less than thirty-five (50) feet.
d. On public bodies of water, the setback shall not be less than one-hundred (100) feet from the high water mark of the body of water.
3. Height Requirements. Structures located within Rural Residential Districts shall meet the following height restrictions:
a. Except as provided in paragraph b below, no building hereafter erected or altered shall exceed thirty-five (35) feet in height.
b. Agricultural and essential service structures shall have no height restrictions.
300:050 AGRICULTURAL CONSERVATION DISTRICT.
300:051 Agricultural Conservation District Permitted Uses. The following are Permitted Uses within an Agricultural Conservation District:
1. Agriculture and farm buildings: The use of land for growing and/or production of the following:
a. Field crops, including barley, corn, hay, oats, potatoes, rye, sorghum, soybeans and sunflowers.
b. Livestock, including but not limited to, dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds ponies, deer, mink and other animals.
2. Single Family Dwellings.
3. Gardening, Orchards, Berry Patches, and Nurseries.
300:052 Agricultural Conservation District Conditional Uses. The following uses are subject to a Conditional Use Permit in Agricultural Conservation Districts:
1. Public or private institutions of an educational, philanthropic or charitable nature.
2. Cemeteries and Churches.
3. Public and Private Schools.
4. Parks, playgrounds, and golf courses.
5. Recreation and community buildings owned and/or controlled by the Township or by a private school or public school district or other municipal authority.
6. Public utility services, including stations, communication towers or antennas, distribution plants, etc., but not including warehouses for the storage of bulky material, and not including factories for the manufacture of any commodity. Public utility and service structures shall not be located at such places or in such manner that they will segment agricultural land by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer or farm equipment including crop spraying aircraft.
7. Mining.
8. Home Occupations.
9. Dog Kennels.
10. Land application of waste water treatment sludge provided the Township Board of Supervisors finds that the proposed application satisfies the standards and requirements of any and all ordinances, rules, and laws of Mille Lacs County, the Minnesota Pollution Control Agency, and the State of Minnesota.
11. Other uses similar in nature to the uses described in this Subsection which the Township Board of Supervisors finds meets the standards of Section 300:233.
300:053 Height, Yard, Area, Lot Width and Depth Regulations and Density.
1. Lots, Area, and Width. Lots located within Agricultural Conservation District shall meet the following minimum requirements:
a. Minimum area of each lot must be at least two and one-half (2 ½) acres.
b. Minimum front yard width of two-hundred (200) feet at the front lot line and sixty-six (66) feet on curves and cul-de-sacs.
c. Minimum lot width of one-hundred fifty (150) feet at the building setback line.
2. Yards - Front, Rear, Side, and Setbacks. Structures located within Agricultural District shall meet the following setback requirements:
a. Front yard setbacks shall not be less than seventy (70) feet.
b. Side yard setbacks shall not be less than thirty-five (35).
c. Rear yard setbacks shall not be less than thirty-five (35) feet.
3. Height Requirements. Structures within Agricultural Conservation District shall be subject the following height restrictions:
a. Except as provided in paragraph b below, no building hereafter erected or altered shall exceed thirty-five (35) feet in height.
b. Agricultural and essential service structures shall have no height restrictions.
4. No more than two (2) structures used for dwelling purposes (farm or non-farm) shall be permitted within any quarter-quarter section within the Agricultural Conservation District except as may exist as of the date of this ordinance. No more than two (2) land splits shall be permitted within any quarter-quarter section within the Agricultural Conservation District except as may exist as of the date of this ordinance. Any third parcel created by a second land split shall be an unbuildable parcel and shall be recorded as unbuildable with the Mille Lacs County Recorder. This ordinance, however, shall not limit metes and bounds land splits meant for the purpose of combination with adjacent parcels.
300:060 RIVER CONSERVATION DISTRICT.
1. Introduction and Policy. The Town Board intends that the provisions of the Minnesota Statutes Sections 103F.301 - 103F. 345 that apply to the Rum River shall also apply to other areas which the Town Board has designated as River Conservation District. Sections 300:060 to 300:0689 are enacted generally for the controlling bluff land and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical and scientific values of the Rum River and other rivers located in Princeton Township, Mille Lacs County, Minnesota, in a manner consistent with Minnesota Statutes, Sections §103F.301 -103F.345, Minnesota Rules, Parts 6105.0010 -.0250, and parts 6105.1400 - .1500 for the Rum River, hereafter referred to as the Rum River rules.
2. Title. Sections 300:060 to 300:0689 shall be known, cited and referred to as the Town of Princeton River Conservation Ordinance; except as referred to herein, where it shall be known as “this ordinance”.
3. Purpose. This ordinance is adopted to achieve the policy of Section 300:060 (1) and to:
a. Conserve and protect the natural scenic values and resources of rivers in the Town including, but not limited to the Rum River, and to maintain a high standard of environmental quality
b. Regulate the area of a lot, and the length of bluff land and water frontage suitable for building sites to reduce the effects of overcrowding and provide ample space on lots for sanitary facilities.
c. Regulate the setback of structures and sewage treatment systems from bluff lines and shorelines.
d. Regulate alterations of the natural vegetation and topography.
e. Maintain property values and prevent poorly planned development.
f. Preserve natural beauty and quietude.
g. Prevent pollution.
h. Designate land use districts along the bluff land and shoreline of the Rum River and other rivers.
i. Comply with Minnesota Rules, Parts 6105.1400 -.1500 as required for the Rum River.
4. Jurisdiction. The jurisdiction of this ordinance shall include all lands designated as River Conservation District within Princeton Township. River Conservation District 1 (RC-1) shall be the River Conservation District as defined in Sections 6, 7, 18, 19, 29 and 30. River Conservation District 2 (RC-2) shall be the River Conservation District as defined in Sections 3, 9, 10, 15, 16, 21, 22, 27 and 34.
5. Compliance. The use of any land within the River Conservation Districts, the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the filling, grading, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this ordinance and other application regulations. Permits from the Township are required by this ordinance for the construction of structures, public or private water supply and sewage treatment systems, the grading and filling of the natural topography and erection of signs within the River Conservation Districts.
300:061 Rules.
1. It is not intended by this ordinance to repeal, abrogate or impair any existing easement, covenants, deed restrictions, or land use controls. Where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. In case of conflict between a provision of the Minnesota Wild, Scenic, and Recreational Rivers Statewide Standards and Criteria and some other law of this state or provisions of existing ordinances, the more protective provision shall apply.
2. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by Minnesota Statutes.
3. The provisions of this ordinance shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this ordinance or the application of this ordinance to a particular property, building, or other structure, such judgment shall not affect any other provision of this ordinance or any other property, building or structure not specifically included in said judgment.
4. The word “shall” is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally.
5. All distances unless otherwise
specified shall be measured horizontally.
300:062 Definitions. For the purpose of this ordinance, certain terms and words are hereby defined as follows. In the event of any conflict between the following definitions and the definitions contained elsewhere in the Princeton Township Zoning and Subdivision Ordinances, the following shall control only as to applicability within Sections 300:060 to 300:0689.
1. “Agricultural use” means the management of land for the production of farm crops, their storage on the area, and/or the raising thereon of domestic pets and domestic farm animals.
2. “Bluff line” means
a topographic feature such as a hill, cliff, or embankment having all
of the following characteristics:
A.
part or all of the feature is located in the River Conservation
District.
B.
the slope rises at least 25 feet above the ordinary high
water level of the river,
C.
the grade of the 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,
D.
the slope must drain toward the waterbody.
An area with an average slope of less that 18
percent over a distance for 50 feet or more shall not be considered
part of the bluff.
3. "Buildable Acres"
means a natural and contiguous portion of the lot area which is exclusive
wetlands, flood plain, flood fringe, flood way, drainage ways and utility
easements and exclusive of proposed ponding areas, drainage swales, and utility
easements.
4. “Building line” means that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.
5. “Campground” means an area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.
6. “Clear cutting” means the removal of an entire stand of vegetation.
7. “Commissioner” means the Commissioner of the Department of Natural Resources.
8. “Conditional use” means a use of land which is permitted only when allowed by the Town Board Supervisors after a public hearing, if certain conditions are met which Supervisors eliminate or minimize the incompatibility with other permitted uses of the district.
9. “Essential services” means underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply, or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
10. “Forestry” means the use and management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, and fences.
11. "Hardship” means, as used in connection with a variance under this ordinance, the property in question cannot be put to a reasonable use under the conditions allowed by this ordinance. Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this ordinance.
12. "Land use district” means those lands designated by the commissioner as the protected land corridor along the Rum River which the commissioner designated as components of the Minnesota wild and scenic rivers system; and it also includes other lands designated by the Township Board as River Conservation District.
13. “Lot” means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation thereof. For the purposes of these regulations, a lot shall be considered to be an individual building site which shall be occupied by no more than one principal structure equipped with sanitary facilities.
14. “Mining operation” means the removal of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material from the land for commercial, industrial, or governmental purposes.
15. “Nonconforming use” means any use of land established before the effective date of this ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.
16. “Open space recreational uses” means recreation use particularly oriented to and utilizing the outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreation areas.
17. "Ordinary high water level” means an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.
18. “Primitive campsites” means an area that consists of individual remote campsites accessible only by foot or water.
19. “Selective cutting” means the removal of single scattered trees.
20. “Setback” means the minimum horizontal distance between a structure and the ordinary high water level, bluff line, road or highway.
21. “Sewage treatment system” means any system for the collection, treatment and dispersion of sewage including but not limited to septic tanks, soil absorption systems and drain fields.
22. “Single family dwelling” means a detached building containing one dwelling unit.
23. “Structure” means any building, sign, or appurtenance thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles, and other supporting appurtenances.
24. “Subdivision” means improved or unimproved land or lands which are divided, for the purpose of ready sale or lease, or divided successively within a five year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area and which are under common ownership or control.
25. “Substandard use” means any use within the land use district existing prior to the date of enactment of this ordinance which is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks or other dimensional standards of the ordinance.
26. “Variance” means any
modification or variation of this ordinance where it is determined that by
reason of exceptional circumstances, the strict enforcement of an ordinance
provision would cause unnecessary hardship. This shall be evaluated
according to the provisions contained in Sections 300:068 to 300-0689.
27. "Vegetation" means
trees in excess of four inches in diameter at four feet in height.
28. “Watershed management or flood control structure’ means a dam, floodwall, wingdam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term “watershed management or flood control structure” does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by permit from the commissioner.
29. “Wetland” means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh.
300:063 Land Use District Provisions.
1. In order to preserve and protect the Rum River and its adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Rum River in Princeton Township has been given the Recreational River Classification north of the Mille Lacs CSAH 13 bridge and the Scenic River classification south of the Mille Lacs CSAH 13 bridge. The uses and classification of this river and its adjacent lands are hereby designated by land use zoning districts, the boundaries of which are based on the Rum River rule, parts 6105.1400 -.1500.
2. The boundaries of the River Conservation District, and the Rum River Recreational and Scenic classifications are shown on the map designated as the Town of Princeton official zoning map, which is made a part of this ordinance and is on file with the Township Clerk. In case of conflict between the map and the property descriptions in the Rum River rule, the latter shall prevail.
300:0631 Purpose. The purpose of establishing standards and criteria for the management of the River Conservation District and Rum River land use districts shall be to preserve and protect existing natural, scenic, historical, scientific, and recreational values, to reduce the effects of overcrowding and poorly planned development of adjacent lands, to prevent pollution, to preserve natural beauty and quietude, to maintain proper relationships between various land use types, and to prohibit new uses that are inconsistent with the statewide standards and criteria or Wild and Scenic Rivers, Minnesota Rules, Parts 6105.0010 -.0250.
300:0632 Permitted and Conditional Uses. In the following table of uses:
P means Permitted Use
C means Conditional Use
Certain of the following uses are subject to the zoning dimension provisions
and sanitary provisions of Sections 300:064 to 300:0643 and Sections
300:065 to 300:0652. All of the following uses are subject to the
vegetative cutting and grading and filling provisions of Sections 300:066
to 300:0664
| Scenic River District |
Recreational River District and Other Conservation District Land |
||
| 1. | Governmental campgrounds, subject to management plan specifications. | P | P |
| 2. | Public accesses, road access types with boat launching facilities subject to management plan specifications | P | P |
| 3. | Public accesses, trail access type, subject to management plan specifications | P | P |
| 4. | Docks. | C | C |
| 5. | Other governmental open space recreational uses subject to management plan specifications and approval by the Commissioner. | P | P |
| 6. | Agricultural uses. | P | P |
| 7. | Single family residential uses. | P | P |
| 8. | Forestry uses. | P | P |
| 9. | Essential services. | P | P |
| 10. | Sewage treatment systems. | P | P |
| 11. | Private roads and minor public streets. | P | P |
| 12. | Signs approved by federal, state, or local government which are necessary for public health and safety and signs indicating areas that are available or not available for public use. | P | P |
| 13. | Signs not visible from the river that are not specified in (12). | P | P |
| 14. | Governmental resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads. | P | P |
| 15. | Underground mining that does not involve surface excavation in the land use district. | C | C |
| 16. | Utility transmission power lines and pipelines, subject to the provisions of Secs. 300:066 to 300:0664. | C | C |
| 17. | Public roads, subject to the provisions of Secs. 300:066 to 300:0664. | C | C |
| 18. | Home Occupations | C | C |
| 19. | Churches and Cemeteries | C | C |
| 20. | Public and Private Schools | C | C |
| 21. | Public Utilities Excluding Communication Towers | C | C |
All uses not listed as permitted or conditional uses shall not be allowed.
300:0633 Nonconforming Uses. Uses which are prohibited by this ordinance but which are in existence prior to the effective date of this ordinance shall be nonconforming uses. Such uses shall not be intensified, enlarged, or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most current permit issued prior to the adoption of this ordinance.
300:064 Zoning Dimensions.
300:0641 Minimum District Dimensional Requirements.
1. The following chart
sets forth the minimum lot size and width, setbacks, and other requirements
of each district:
| a. | Minimum lot size above ordinary high water level in RC-1 | 4 Contiguous Buildable Acres |
|
| b. |
Minimum lot size above ordinary high water level
in RC-2 |
10 Acres with 4 Contiguous Buildable Acres |
|
| RC-1 |
RC-2 |
||
| c. | Lot width at building line | 250 | 250 |
| d. | Lot width at ordinary high water level | 250 | 250 |
| e. | Structure setback from ordinary high water level | 150 | 150 |
| f. | Structure setback from bluff line | 30 | 30 |
| g. | On-site sewage treatment system setback from ordinary high water level | 100 | 100 |
| h. | Maximum structure height except for buildings used primarily for agriculture purposes | 35 | 35 |
| i. | Controlled vegetative cutting area: (see Section 300:0661) | ||
| from ordinary high water level | 150 | 150 |
|
| from bluff line | 30 | 30 |
|
| j. |
Minimum front yard width of three-hundred thirty
(330) feet at the front lot line. |
||
| k. |
Front yard setbacks shall not be less than seventy
(70) feet. |
||
| k. |
Side yard setbacks shall not be less than thrity-five
(35) feet. |
||
| l. |
Except as provided by (e) above, rear yard setbacks
shall not be less than thirty-five (35) feet. |
||
2. The density of dwelling units shall not exceed one dwelling unit per lot.
3. Structures shall not be located on slopes greater than 12 percent, unless such structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this plan are complied with, and the building permit applicant can prove to the local zoning authority that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems through special construction methods.
4. No structures shall
be placed in any floodway. Structures proposed within a flood
plain shall be consistent with statewide Standards and Criteria for Management
of Flood Plain Areas of Minnesota (Minnesota Rules, Parts 6120.5100 -.6200).
5. Cul-de-sacs are not permitted
in the River Conservation District.
300:0642 Substandard Lots.
1. Lots of record in the office of the Mille Lacs County Recorder on the effective day of enactment of this ordinance which do not meet the dimensional requirements of this ordinance shall be allowed as building sites provided: the proposed use is permitted in the land use district, the lot was in separate ownership on the date of enactment of this ordinance, all sanitary requirements are complied with, and dimensional provisions are complied with to the greatest extent practicable.
2. If in a group of two (2) or more contiguous lots under a single ownership any individual lot does not meet the minimum lot width requirements of this ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of this ordinance, except that such lots which meet or exceed sixty (60) percent or more of the lot width standards of this ordinance may be considered as a separate parcel or land for the purpose of sale or development, if on-site sewage treatment systems can be installed so as to comply with this ordinance.
300:0643 Substandard Uses. All uses in existence prior to the effective date of enactment or amendment of this ordinance which are permitted uses within the Rum River land use district, but do not meet the minimum lot area, setbacks other dimensional requirements of this ordinance are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions:
1. Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.
2. Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of this ordinance.
300:065 Sanitary Provisions.
300:0651 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.
300:0652 Sewage Treatment.
1. Sewage Treatment. Any premises intended for human occupancy must be provided with an adequate method of sewage treatment. Publicly owned sewer systems must be used where available. Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, Section 300:0641, paragraph 1.f. of this ordinance and any other applicable local government standards.
2. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system not meeting the requirements of Section 300:0652, paragraph 1. of this ordinance must be upgraded, at a minimum, whenever 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 nonconforming if the only deficiency is the sewage treatment systems improper setback from the ordinary high water level.
All nonconforming sewage treatment systems shall be brought into conformity or discontinued within five years of the date of enactment of this ordinance.
300:066 Landscape Alterations.
300:0661 Vegetative Cutting.
1. The vegetative cutting provisions in Section 300:0661, paragraph 2. shall apply to those areas specified in Section 300:0641, paragraph 1.h. of this ordinance.
2. General provisions, within designated setback areas:
a. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
b. Selective cuffing of trees in excess of four (4) inches in diameter at four (4) feet height is permitted provided cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings.
c. The cutting provisions of Section 300:0661, paragraph 2.a. and 2.b., shall not be deemed to prevent:
(1) The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.
(2) Pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops, or cutting suppressed trees or tress less than four (4) inches in diameter at breast height.
3. Clear Cutting. Clear cutting anywhere in the designated land use district on the Rum River, or other River Conservation District lands is subject to the following standards and criteria:
a. Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning administrator to be fragile and subject to severe erosion and/or sedimentation.
b. Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.
c. The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.
d. Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
300:0662 Grading, Filling, Alterations of the Beds of Public Waters.
1. Grading and filling of the natural topography which is not accessory to a permitted or conditional use, shall not be permitted.
2. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the Township. A grading and filling permit may be issued only if the following conditions are property satisfied:
a. Grading and filling shall be performed in a manner which minimizes earth moving, erosion, tree clearing, and the destruction of natural amenities.
b. The smallest amount of bare ground is exposed for as short a time as feasible.
c. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted.
d. Methods to prevent erosion and trap sediment are employed.
e. Fill is stabilized to accepted engineering standards.
3. Excavation of material from, or filling in a Wild, Scenic or Recreational River, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes, Section 103G.245. Section 103G.245 requires a permit from the Commissioner before any change is made in the course, current, or cross-section of public waters.
4. Drainage or filling in of wetlands is not allowed within the land use districts designated by this ordinance.
300:0663 Utility Transmission Crossing.
1. All utility crossings of the Rum River state lands within the Rum River land use district require a license from the Commissioner pursuant to Minnesota Statutes, Section 84.415.
2. All utility transmission crossings constructed within the Rum River land use district shall require a conditional use permit. The construction of such transmission services shall be subject to Minnesota Rules, Parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the Environmental Quality Board pursuant to Minnesota Statutes, Section 116C.61.
300:0664 Public Roads.
1. In addition to such permits as may be required by Minnesota Statutes, Section 103G.245, a conditional use permit shall be required for any construction or reconstruction of public roads within the Rum River land use district. Such construction or reconstruction shall be subject to Minnesota Rules, Parts 6105.0190 and 6105.0200.
2. Public roads include township, county, and municipal roads, streets and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. A conditional use permit is not required for minor public streets which are street intended to serve primarily as an access to abutting properties.
300:067 Subdivisions.
300:0671 Land Suitability.
1. No land shall be subdivided which is determined by the local government, or the Commissioner, to be unsuitable because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.
2. No plat or subdivision within Rum River District or other land within a River Conservation District shall be approved by Princeton Township until the applicant has proven to the local zoning authority through percolation rate tests, soil boring tests and other requirements of Minnesota Rules, Chapter 7080, that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.
3. The provisions otherwise set forth in this ordinance and in the Princeton Township Zoning and Subdivision Ordinances 100-300 shall apply to all plats except planned unit developments. In the case of conflicts, the most restrictive provisions shall control.
300:0672 Planned Cluster Developments. A planned cluster development are not allowed in the River Conservation District.
300:068 Administration.
300:0681 Organization Provisions.
1. The provisions of this ordinance shall be administered by the Princeton Township Zoning Administrator.
2. The Board of Adjustment of Princeton Township shall act upon all questions as they arise in the administration of this ordinance; and hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator who is charged with enforcing this ordinance as provided by Minnesota Statutes.
3. Permit fees, processing fees, and inspection fees as may be established by resolution of the Town Board Supervisors shall be collected by the Zoning Administrator.
300:0682 Certification.
1. Certain land use decisions which directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the Commissioner as described in Section 300:0682 paragraph 3.:
a. Adopting or amending an ordinance regulating the use of land, including rezoning or particular tracts of land.
b. Granting a variance from a provision of this ordinance which relates to the zoning dimension provisions of this ordinance.
c. Approving a plat which is inconsistent with this ordinance.
2. No such action shall be effective until the Commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan.
3. Certification Procedure.
a. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under this ordinance shall be sent so as to be received by the Commissioner at least thirty (30) days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.
b. The Town Board Supervisors shall notify the Commissioner of its final decision on the proposed action within ten (10) days of the decision.
c. The Commissioner shall, no later than thirty (30) days from the time he receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of non-approval.
d. The action becomes effective when and only when either:
(1) The final decision taken by the Town Board Supervisors has previously received certification of approval from the Commissioner; or
(2) The Town Board Supervisors receives certification of approval after its final decision; or
(3) Thirty (30) days have elapsed from the day the Commissioner received notice of the final decision, and the Town Board Supervisors has received from the Commissioner neither certification of approval nor notice of non-approval; or
(4) The Commissioner certifies his approval after conducting a public hearing.
e. In case the Commissioner gives notice of non-approval of an ordinance, amendment, variance or inconsistent plat, either the applicant of the chairperson of the Town Board may within thirty (30) days of said notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within thirty (30) days, the notice of non-approval becomes final.
(1) The hearing will be held in an appropriate local community within sixty (60) days of the demand and after at least two weeks published notice.
(2) The hearing will be conducted in accordance with Minnesota Statutes, Section 103G.31 1, Subdivisions 2, 6, and 7.
(3) The Commissioner shall either certify his approval or deny the proposed action within thirty (30) days of the hearing.
300:0683 Variances.
1. The grant of a variance requires the presence of the following conditions:
(a) The strict enforcement of the land use controls will result in unnecessary hardship.
(b) Granting of the variance is not contrary to the purpose and intent of this ordinance and is consistent with the Rum River rule, parts 6105.1400 - 6105.1500.
(c) There are exceptional circumstances unique to the subject property which were not created by the landowner.
(d) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.
(e) Granting of the variance will not alter the essential character of the locality.
(f) Exception for lots which do not meet the minimum lot width requirements of this ordinance: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this ordinance.
2. All granted variances to the requirements of this ordinance must be certified in accordance with Section 300:0682 of this ordinance before they become effective.
3. All inconsistent plats approved by the Town Board Supervisors must be certified in accordance with Section 300:0682 of this ordinance.
300:0684 Conditional Use Permit Application Review by DNR. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least thirty (30) days prior to such a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten (10) days of such action.
300:0685 Procedures Summary.
The following table summarizes permit, review, and certification procedures
within the land use district designated by this ordinance.
| Types of Activities | Procedures |
| Building Permits | LP |
| Sign Construction Permits | LP |
| Water Supply Permits | LP |
| Sewage System Permits | LP |
| Grading, Filling Permits | LP |
| Conditional Use Permits | PH-FD |
| Amendments to Ordinance | PH-FD-CC |
| Variances | PH-FD-CC |
| Inconsistent Plats | PH-FD-CC |
| Plats | FD |
| Certain Recreational Development | PA |
LP - Permit issued by the local authority in accordance with this ordinance and all other local ordinances.
PH - Copy of public hearing notice of application sent so as to be received by the Commissioner at least thirty (30) days prior to hearing or meeting.
FD - Local authority forwards decision to the Commissioner within ten days after taking final action.
CC - Action becomes effective only when Commissioner certifies its compliance with the Act, statewide standards and criteria, and the Rum River rule.
PA - Preliminary plans approved by Commissioner prior to their enactment by local authority.
300:0686 Enforcement.
1. It is declared unlawful for any person to violate any of the terms and provisions of this ordinance. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
2. In the event of a violation or a threatened violation of this ordinance, the Town Board Supervisors, in addition to other remedies, may institute appropriate actions or proceedings to prevent restrain, or abate such violations or threatened violations.
3. Any taxpayer of Princeton
Township may institute mandamus proceedings in District Court to compel
specific performance by the proper official or officials of any duty
required by this ordinance.
300:0687 Effectuation.
1. This ordinance shall
be in full force and effect from and after its passage, approval, and
publication as provided by law.
300:070 COMMERCIAL/INDUSTRIAL DISTRICTS.
300:071 Commercial/industrial District Permitted Uses. The following are Permitted Uses in a Commercial/Industrial District;
1. Offices.
2. Retail businesses and service commercial uses occurring within enclosed buildings, excluding those which are listed or similar to those listed in Section 300:072.
3. Agriculture and farm buildings: The use of land for growing and/or production of field crops, including barley, corn, hay, oats, potatoes, rye, sorghum, soybeans, and sunflowers.
4. Nurseries and greenhouses for the propagation, cultivation, and growing of plants.
300:072 Commercial/Industrial District Conditional Uses. The following are Conditional Uses in a Commercial/Industrial District:
1. Hospitals and medical clinics, nursing or extended care facilities, congregate care facilities and licensed day care facilities.
2. Restaurants, cafes, refreshment parlors, and taverns.
3. Parks, playgrounds, golf courses, recreation and community buildings owned and/or controlled by the Township or by a private school or public school district or other municipal authority.
4. Drive up or drive through facilities, transient sales and beauty and barber shops.
5. Wholesale businesses and any business that requests outside storage, display, sales or servicing.
6. Auto, truck, boat, and farm sales and/or service.
7. Hotels and motels.
8. Apartments and other multi-family dwellings.
9. Theaters
10. Bowling alleys, skating rinks and other similar recreational facilities.
11. Gasoline service stations and convenience stores.
12. Manufacturing, assembly, processing, research, warehousing, and storage facilities occurring within an enclosed building; and Mini-Storage Buildings.
13. Public utility services, including stations, communication towers or antennas, distribution plants, etc., but not including warehouses for the storage of bulky material, and not including factories for the manufacture of any commodity. Public utility and service structures shall not be located and constructed at such places and in such manner that they will segment agricultural land by limiting or interfering with the access to fields or the effectiveness and efficiency of the farmer or farm equipment including crop spraying aircraft.
14. Agriculture and farm buildings: The use of land for growing and/or production of livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, ponies, deer, mink and other animals.
15. Mining.
16. Other uses similar in nature to the uses described in these subsection which the Township Board of Supervisors finds meets the standards of Section 300:233.
17. Salvage Yards.
300:073 Site Plan Approval/Requirements for Permitted and Conditional Uses. No building permit shall be issued for any construction within a Commercial/Industrial District until the site plan has been reviewed by the Planning Commission and approved by the Township Board of Supervisors. Applications for building permits for agricultural buildings shall be exempt from the site plan approval requirements of this Section 300:073. The application for a building permit for any construction within a Commercial/Industrial District shall be accompanied by a site plan showing such information as is necessary to show compliance with this Ordinance, including but not limited to:
1. Description of the site (legal description);
2. Site plan drawn at scale showing parcel and building dimensions;
3. Location of all buildings and their square footage;
4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
5. Landscaping and screening plans;
6. Drainage plan;
7. Sanitary sewer and water plan with estimated use per day;
8. Soil type;
9. Any additional written or graphic data reasonably required by the Township Board of Supervisors or Planning Commission.
300:075 Height, Yard, Area, and Lot Width and Depth Regulations.
1. Lots, Area, and Width. Unplatted lots located within Commercial/Industrial Districts shall meet the following minimum requirements:
a. Minimum area of each lot must be at least two and one-half (2 ½) acres.
b. Minimum front yard width of two hundred (200) feet at the front lot line and sixty-six (66) feet on curves and cul-de-sacs..
c. Minimum lot width of one hundred fifty (150) feet at the building setback line.
d. For lots that front public bodies of water, the lot width as measured at the high water mark shall not be less than one-hundred and fifty (150) feet.
2. Lots, Area, and Width. Platted lots located within Commercial/industrial Districts shall meet the following minimum requirements:
a. Minimum area of each lot must be at least one and one-quarter (1 ¼) acres.
b. Minimum front yard width of one-hundred fifty (150) feet at the front lot line.
c. Minimum lot width of one hundred and fifty (150) fee at the building setback line.
d. For lots that front public bodies of water, the lot width as measured at the high water mark shall not be less than one-hundred and fifty (150) feet.
3. Yards - Front, Rear, Side, and Setbacks. Structures located within the Commercial/industrial Districts shall meet the following setback requirements.
a. Front yard setbacks shall not be less than seventy (70) feet.
b. Side yard setbacks shall not be less than thirty-five (35) feet.
c. Rear yard setbacks shall not be less than thirty-five (35) feet.
d. On public bodies of water, the setback shall not be less than one-hundred (100) feet from the high water mark of said body of water.
4. Height Requirements. Structures located within Commercial/industrial Districts shall meet the following height restrictions:
a. Except as provided in paragraph b below, no building hereafter erected or altered shall exceed thirty-five (35) feet in height.
b. Agricultural and essential service structures shall have no height restrictions.
300:080 AIRPORT APPROACH PROTECTION OVERLAY DISTRICT. An Airport Approach Protection Overlay District is established in order to control the use and development of land to provide protection for aircraft operations and protect the public from noise and safety hazards on the ground. The restrictions of this Overlay District are in addition to the regulations and restrictions of the underlying districts.
300:081 Boundaries. The boundaries of the Airport Approach Protection Overlay District form a fan-shaped area beginning at the end of the runway five-hundred (500) feet on either side of the centerline, and extending along that centerline for a distance of two (2) miles at which point the width is three-thousand (3,000) feet on either side.
300:082 All Uses Conditional. All uses within an Airport Approach Protection Overlay District are conditional and must follow Conditional Use Permit procedures.
300:083 Prohibitions. The Airport Approach Protection Overlay Zone is intended to prohibit:
1. Uses that may result in employment, dwelling, or an assembly of more than twenty-five (25) persons.
2. The manufacture, storage, or use of explosives or flammable materials.
3. Electrical or electronic generation or transmission that would interfere with radio or navigation communications.
4. Lighting that may confuse or mislead pilots.
5. Such other uses or development that the Township Board of Supervisors may consider dangerous to airplane operations or ground activate or which may otherwise be inconsistent with airport operations.
300:090 FLOOD PLAINS, WETLANDS, AND SHORELANDS REGULATION. In addition to all rules and regulations contained in Township Zoning and Subdivision Ordinances, all use and development of land is subject to the laws, rules and regulations of Mille Lacs County and the State of Minnesota pertaining to Flood Plains, Wetlands, and Shorelands. It is the responsibility of the property owner to obtain all necessary permits required for compliance with such regulations.
300:130 WILD AND SCENIC RIVER RESTRICTIONS. Parts of the Rum River are within the area of lands covered by the Minnesota Wild and Scenic Rivers Act, Min. Stat. Section 103F.301 to 103F.345, and Minn. Rules Chapter 6105. Use of land in areas covered by the Wild and Scenic Rivers Act and related regulations shall conform to those regulations in addition to the restrictions of this Ordinance.
300:140 ADDITIONAL RESTRICTIONS ON CERTAIN CONDITIONAL USES.
300:141 Salvage yards. In addition to the requirements and performance standards for any Conditional Use Permit, salvage yards must at a minimum meet the following criteria:
1. No salvage yard shall be established, and no such business shall be conducted within a distance of one (1) mile, measured from the closest property lines, of cemeteries, public or private schools, public meeting places, or dwelling places provided, however, that one (1) dwelling place of the salvage yard owner is allowed.
2. Salvage yards shall be completely enclosed by a fence of not less than eight (8) feet in height, and constructed so that no dust, dirt, or other material may pass through such fence. Said enclosure shall be maintained in good condition at all times and nothing shall be piled or stored so as to protrude above said fence.
300:142 Dog Kennels. Applicant must comply with the County Ordinance and obtain a kennel license from Mille Lacs County.
300:143 Home Occupations. In addition to the requirements and standards imposed upon Conditional Uses under this Ordinance, Home Occupation shall also meet the following minimum requirements:
1. No Conditional Use for the establishment of a Home Occupation shall be granted in a district zoned Residential, Agricultural, River Conservation, or Rural Residential unless the Township Board of Supervisors determines that the operation of the Home Occupation will not interfere with the peace, harmony, tranquility, character, and other established uses of property located in the zoned district. In making this determination, the Township Board of Supervisors may take into account, among other things, whether truck traffic is required for the Home Occupation, the frequency of delivery of supplies and inventories, the effect on the traffic pattern in the community, the hours of operation of the business, the effect on the appearance of the neighborhood, and the effect on adjoining neighbors’ rights to the use and enjoyment of their property.
2. If a Home Occupation takes place in an Accessory Building, the Accessory Building shall not exceed twelve (12) feet in ceiling height. For lots of less than five (5) acres in size, the Accessory Building may not exceed seven-hundred eighty (780) square feet. For lots of less than one (1) acre in size, the Home Occupation may not be located in an Accessory Building if a detached garage or other detached structure also exists. Notwithstanding the foregoing, in Agricultural Districts: the maximum size of an Accessory Building shall be two-thousand (2,000) square feet, and the twelve (12) foot ceiling height requirements shall not be applicable.
3. No more than one-quarter (¼) of the Dwelling floor space may be used for Home Occupation Purposes.
4. In furtherance of the objectives of this section, Conditional Uses may not be granted for the following Home Occupations: truck terminals, the sale of equipment for automotive service and supply, new or used car and equipment sales, occupations involving the use of machinery or omission of noxious chemicals or odors.
5. Home Occupations located in Residential, Rural Residential, or River Conservation Districts shall not be granted unless the applicant agrees that the operation of the Home Occupation will not require outside storage of any parts, inventory, or materials of any kind.
6. Home Occupations are intended to be allowed only where carried on strictly by the persons occupying the residence on the property. Accordingly, except in Agricultural Conservation Districts, no Home Occupation shall be permitted if it involves the hiring of employees who do not live on the property. In Agricultural Districts, up to three persons not living on the property may be employed.
300:144 Mining and Land Alteration. In addition to the requirements and standards imposed upon Conditional Uses under this Ordinance, Mining and Land Alteration shall also meet the following minimum requirements:
1. Applications. Application for mining permits shall be made on forms provided and available in the office of the Zoning Administrator. Processing will not begin until all supporting documentation has been provided.
2. Fees. A fee in the amount to be set by the Township Board of Supervisors shall be paid at the time of application, together with a deposit to cover fees for administrative, legal, and engineering costs required to review the application information and advise the Township Board of Supervisors. Any unused portion of the deposit will be refunded to the applicant upon final determination on the application.
3. Procedures. In receiving and considering mining permit applications, the Township shall follow the procedures outlined in this Ordinance for Conditional Use Permits. Mining permits applications may be considered in conjunction with the consideration of a Conditional Use Permit if required for the mining operation.
4. Bond and Liability Insurance. Approval of a mining permit shall be contingent upon the applicant/operator providing a bond or letter of credit, and in liability insurance in the form and amounts to be established by the Township Board of Supervisors.
5. Regulations and Requirements. The Township Board of Supervisors may determine specific regulations and requirements to fit each specific site, but at a minimum, all mining proposals must demonstrate they will be able to and must continue to do the following:
a. Control dust, odor, noise, and noxious weeds.
b. Avoid unsanitary, dangerous, polluting, or other activities inimical to the health, safety or general welfare.
c. Completely fence the entire operations area and restrict unauthorized access. Provide adequate signage and flag persons if required for safe ingress and egress.
d. Maintain slopes no greater than 4:1 except on the working face unless provided by the Zoning Administrator.
e. Not engage in any manufacturing or processing except as specifically approved in the permit.
f. Not permit any other person or organization to operate the mining or alteration without the written consent of the Township Board of Supervisors.
g. Assure that the terms and conditions of the permit can be and are being met. (The Zoning Administrator may make or employ others to observe and/or measure requirements to determine if the terms and conditions are being met . The Applicant/Operator will reimburse the Township for all costs.)
h. Operate within the days and hours of operation established by the Township Board of Supervisors as part of the permit conditions.
i. The operations must be adequately screened from occupied structures within one-thousand (1,000) feet, and all areas where mining operations have been completed must be restored to conditions outlined in the permit within six (6) months of termination of operations.
j. Comply with all applicable state laws, rules and regulations relating to Mining or Land Alteration.
6. Enforcement. The Township Board of Supervisors may withhold or revoke permit proposed or issued for failure to comply, and violations may be abated by civil action for injunction.
300:151 General Parking Requirements. In all zoning districts off street parking facilities for the storage of motor vehicles for the use of occupants, employees and/or patrons of structures constructed after the date of this Ordinance shall be constructed and maintained in accord with the requirements of Sections 300:151 to 300:155.
300:152 Application to Expand and Addition. Whenever a structure to which this Section does not apply because of its pre-existing nature is expanded, the requirements of this Section shall apply to the structure from the date of the expansion on.
300:153 Same Tract of Land. Required off-street parking must be on the same lot or tract of land as the structure it is intended to serve.
300:154 Dust Free Materials. Off-street parking areas must be designed and constructed of dust free materials.
300:155 Minimum Parking Spaces. The following minimum number of off-street parking spaces must be provided for the uses as specified regardless of the District in which they are contained:
1. Single family dwellings, duplexes, triplexes, townhomes, apartments and other multi-family dwellings. Two (2) spaces per dwelling.
2. Motels and hotels. One (1) space per rental unit.
3. Church and Theaters. One (1) space for each four (4) seats, based upon design capacity.
4. Restaurants and Taverns. One 1 space for each sixty (60) square feet of gross floor area.
5. Bowling Alleys. Five (5) spaces for each bowling lane.
6. Other commercial establishments. One (1) space for each two-hundred (250) square feet of gross floor area for the first ten-thousand (10,000) square feet, and one (1) space for every four-hundred (400) square feet of gross floor area thereafter.
300:160 BUILDING REQUIREMENTS.
300:161 Dwellings. All structures erected for dwelling purposes shall meet the following minimum requirements:
1. All dwellings must have at least three (3) livable rooms and a garage or storage building with at least four-hundred forty (440) square feet. In addition, the minimum area of the dwelling as measured from the outside of the basement foundation shall not be less than nine-hundred sixty (960) square feet, ramblers without a basement, one-thousand one-hundred (1100) square feet, and all multi-story structures eight hundred sixty-four (864) square feet.
2. No livable room, except the kitchen, shall contain less than ninety (90) square feet.
3. All structures must have a minimum exterior dimension of twenty-four (24) feet width as measured at the building line.
4. Roof lines must have at least a 3/12 pitch. Flat or shed type roofs are not permitted.
5. No structure shall have corrugated metal as a siding material.
6. All structures must have permanent, concrete or treated wood foundations which will serve to anchor the structure.
300:162 One Structure Containing Dwellings Per Lot. The minimum lot size as set forth must be met for each structure containing Dwellings.
300:163 Fill: Frozen Ground. No structure shall be built or placed on frozen ground, nor on filled ground until the Zoning Administrator has been satisfied that the fill has compacted sufficiently to support the contemplated load.
300:164 Road Grade. All structures and driveways shall be constructed to conform to the established grade of the adjacent highway or street.
300:165 Standards and Specifications. The Minnesota State Building Code, current edition, is adopted and incorporated into this ordinance by reference.
300:166 Materials. All construction materials shall conform to the requirements of the Minnesota State Building Code.
300:167 Construction. All buildings shall meet the standards and requirements of the Minnesota State Building Code.
300:168 Sewage and Septic Systems. All toilets, sewage, and septic systems must meet the minimum design standards for such facilities and be in compliance with Minnesota Statute 115.55 and Minnesota Rule Chapter 7080. All toilets must be located within the principal structure.
300:171 Present Uses and Structures Excepted. Except as otherwise expressly provided herein, the use of any land or building lawfully existing at the time of taking effect of this Ordinance, or any subsequent amendments, may be continued even though such use or activity does not conform to the requirements of this Ordinance, and except as otherwise expressly provided herein, any structure lawfully existing at the time of taking effect of this ordinance, or any subsequent amendments, may continue to exist so long as it is otherwise lawful.
300:172 No Expansion of Non-Conforming Uses. Except as otherwise provided in this Section, no non-conforming use of the land shall be enlarged to occupy a greater area of land than that occupied by such use at the time of the adoption of this Ordinance or any subsequent amendments, nor shall any such non-conforming use be moved to any other part or parcel of land upon which it is conducted at the time of the adoption of this regulation. However, expansion of a non-conforming use may be permitted if the Township Board of Supervisors finds that the following conditions are met:
1. The expanded use consists solely of the remodeling of an existing building in which the non-conforming use is conducted and the remodeling does not increase the total square footage of floor space for each story of said existing structure by more than twenty-five (25) percent of the total square footage existing prior to the remodeling.
2. Any such expansion of the non-conforming use shall be deemed a Conditional Use and must meet the standards for a Conditional Use.
300:173 Loss of Non-Conforming Use Status. If a non-conforming use consists of a building and ceases for a continuous period of two (2) years, any subsequent use of the building shall be in conformity to the requirements of this Ordinance. No non-conforming use, if once changed to a use permitted in the district, shall be changed back to non-conforming use. If at any time any building becomes substantially or wholly destroyed by fire, earthquake, windstorm, explosion, or other disaster, then the land on which such building is located or maintained shall from and after the date of such destruction be subject to all the requirements specified by this Ordinance.
300:174 Loss of Non-Conforming Structures. A non-conforming structure may not be enlarged or altered in a way that increases its non-conformity. If at any time any non-conforming structure becomes substantially or wholly destroyed by fire, earthquake, windstorm, explosion, or other disaster, then the land on which such building is located or maintained will after the date of such destruction be subject to all the requirements specified by this Ordinance.
300:181 Establishment. There is hereby established a Planning and Zoning Commission hereinafter called the “Planning Commission” consisting of seven (7) residents of Princeton Township, appointed by the Township Board of Supervisors. The terms of office and compensation of Planning Commission members will be set by the Township Board of Supervisors.
300:182 Duties. The Planning Commission shall act as an advisor for the Township Board of Supervisors with respect to the administration or amendment of this Ordinance, and shall have such additional duties as are provided herein and such as may be from time to time assigned to it by the Township Board of Supervisors.
300:183 Organization. The Planning Commission shall elect its own Chair and shall elect a Secretary who shall preserve a record of its proceedings. Meetings of the Planning Commission may be called by the Township Board of Supervisors, or by the Chair of the Planning Commission. Four (4) members shall constitute a quorum to do business.
300:184 Planning Commission Secretary. The Township Board of Supervisors shall have the right to establish the position of Non-Voting Secretary to the Planning Commission. If created, the Non-Voting Secretary shall be a non-voting member of the Planning Commission and shall be paid such compensation as determined by the Township Board of Supervisors.
300:190 BOARD OF ADJUSTMENT AND APPEALS. The Township Board of Supervisors shall be the Board of Adjustment and Appeals.
300:191 Powers and Duties/Appeals.
1. The Board of Adjustment shall be the Township Board of Supervisors and shall act upon all questions that may arise in the administration of this Ordinance, including the interpretation of zoning maps and ordinances.
2. The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this Ordinance. Such appeal may be taken by any person aggrieved or by any officer, department, board or commission of Princeton Township.
3. The Board of Adjustment shall have power to vary and adapt the strict applications of any of the requirements of these regulations in the case of exceptionally irregular, narrow, or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.
4. Any appeals of a Board of Adjustment decision shall be made to the District Court as provided in state law. Board of Adjustment decisions shall be final except if appealed to District Court.
300:200 CONSTRUCTION OF THE ORDINANCE.
300:201 Validity.
1. Should any section, clause, or provision of these regulations be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of any other section, clause, or provision of this Ordinance, other than that so declared invalid.
2. Whenever there is a conflict or inconsistency between any section, clause, or provision of this Ordinance with any other section, clause, or provision of this Ordinance or any section, clause or provision of the law of the State of Minnesota, the stricter standard shall prevail.
300:202 Chapter, Section and Subdivision Headings. All chapter, section, and subdivision headings of this Ordinance are to be construed as though they are not a part of the subject matter of this Ordinance, but are intended for convenience only and not as comprehensive titles.
300:210 AMENDMENTS/REZONING. The Township Board of Supervisors or Planning Commission, upon its own motion, may initiate a request to amend the text of this Ordinance or the district boundaries on the Zoning Map. Any person, firm, corporation, or other legal entity owning real estate within the Township may initiate a request to amend the district boundaries and/or text of this Ordinance.
300:211 Procedure. Six (6) copies of detailed written and graphic materials fully explaining the requested proposal for an amendment of this Ordinance shall be filed with the Township Clerk and shall be accompanied by a fee, as determined by resolution of the Township Board of Supervisors. The fee shall be non-refundable.
1. The Township Clerk shall refer the amendment request along with all related information to the Planning Commission for consideration, and a report and recommendation shall be made by the Planning Commission to the Township Board of Supervisors.
2. The Town Clerk shall set a date for a public hearing on the request at the first meeting of the Planning Commission after the required notices can be given. Notice of such hearing shall be published in conformance with state law, and if it is a district change request, individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property, according to the most recent property assessment records, within three-hundred fifty (350) feet of the parcel included in the request. Such notice shall also be published in the official Township paper within the above time periods. The failure of a property owner to receive the notice shall not invalidate any such proceedings.
3. The Planning Commission shall reach a decision and make its report to the Township Board of Supervisors within seven (7) days after the conclusion of the public hearing.
4. Upon receiving the report and recommendation of the Planning Commission, the Township Board of Supervisors shall place the amendment request on the agenda of its next meeting. In no event shall the Township Board of Supervisors' decision be made more than sixty (60) days after the date the request was filed with the Town Clerk unless the decision time is extended as permitted by statute or upon agreement with the person making the request. The provisions of this section are intended to comply with Minnesota Statute Section 15.99. The report and the recommendation of the Planning Commission shall be entered in and made part of the permanent minutes of the Township Board of Supervisors meeting.
5. The Township Board of Supervisors shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.
6. Amendment of these Regulations shall be by a four-fifths (4/5) vote of the full Township Board of Supervisors.
7. Within sixty (60) days of the date that the request was filed with the Township Clerk, the Clerk shall notify, in writing, the applicant of the Township Board of Supervisors' decision.
300:220 VARIANCES. A property owner may apply for a variance from the requirements of this Ordinance including without limitation requirements relating to setbacks, lot width, depth and area, height and parking; however, a variance will not be permitted for any use that is not permitted under this Ordinance for the property in the zoning district where the affected land is located.
300:221 Application. A request for a variance or appeal shall be filed with the Township Clerk and shall be accompanied by a fee as set by resolution of the Township Board of Supervisors, along with written material explaining and supporting the request as well as a site plan if applicable.
300:222 Procedures.
1. The Township Clerk shall forward the application to the Planning Commission for consideration at its next regular meeting. The Planning Commission shall consider the request and make a recommendation to the Board of Adjustment within seven (7) days.
2. Upon receiving the recommendation of the Planning Commission, the Board of Adjustment shall set and hold a public hearing on said request. Notice of such hearing shall be mailed not less than ten (10) days nor more than thirty (30) days to property owners within five-hundred (500) feet of the affected parcel as determined by the Township Clerk. Such notice shall also be published in the official newspaper within the above time period. Failure of a property owner to receive said notice shall not invalidate any such proceedings.
3. A variance of these Regulations shall be by four-fifths (4/5) vote of the full Board of Adjustment.
4. Upon receiving the report and recommendation of the Planning Commission, the Board of Adjustment shall decide the issue within sixty (60) days after the date the request was filed with the Town Clerk, unless the decision time is extended as permitted by statute or upon agreement with the person making the request. The Board of Adjustment’s decision shall be entered in and made part of the permanent minutes of the meeting.
300:223 Standards. No variance from the provisions or requirements of these Regulations shall be recommended by the Planning Commission or be authorized by the Board of Adjustment unless they find evidence that all the following facts and conditions exist:
1. There are exceptional or 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. The 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 or financial hardship shall not in itself be deemed sufficient to warrant a variance.
3. The authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purposes of this Ordinance or the public interest.
4. The condition or situation of the specific piece of property, or the intended use of said 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 conditions or situation.
300:224 Conditions May Be Attached to Variances. In granting a variance, the Board of Adjustment may impose conditions to ensure compliance and to protect adjacent properties.
300:225 Lapse of Variance. If within one (1) year after granting a variance the work permitted is not started, such a variance shall become null and void unless a petition for an extension has been approved by the Township Board of Supervisors.
300:230 CONDITIONAL USE PERMITS. Conditional Use Permits may be granted to allow uses within a zoning district designated as “Conditional Uses” where the proposed use meets all of the requirements of Section 300:233 or can with appropriate conditions attached meet such requirements.
300:231 Application. Applications for Conditional Use Permits shall be made to the Township Clerk together with all required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this Ordinance, including but not limited to:
1. Description of the site (legal description);
2. Site plan drawn to scale showing parcel and building dimensions;
3. Location of all buildings and their square footage;
4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
5. Landscaping and screening plans;
6. Drainage plan;
7. Sanitary sewer and water plan with estimated use per day;
8. Soil type;
9. Any additional written or graphic data reasonably required by the Township Board of Supervisors or Planning Commission.
300:232 Procedures.
1. The Township Clerk shall set a date for a public hearing by the Planning Commission and forward the application to the Planning Commission for consideration at its next regular meeting.
2. Notice of such hearing shall be published at least once in the official paper of the Township and mailed to individual properties, within five-hundred (500) feet of the parcel included in the request, not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing. Failure of a property owner to receive said notice shall not invalidate any such proceeding.
3. The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and the Planning Commissioner shall make a recommendation to the Township Board of Supervisors within seven (7) days.
4. Upon receiving the report and recommendation of the Planning Commission, the Township Board of Supervisors shall have the option of holding an additional public hearing and may impose any conditions deemed necessary. The Township Board of Supervisors shall decide the issue within sixty (60) days after the date the request was filed with the Town Clerk, unless the decision time is extended as permitted by statute or upon agreement with the person making the request. The Township Board of Supervisors' decision shall be entered in and made part of the permanent minutes of the meeting. Approval of a Conditional Use Permit shall require passage by a four-fifths (4/5) vote of the full Township Board of Supervisors.
300:233 Standards. No Conditional Use Permit shall be recommended by the Planning Commission or approved by the Township Board of Supervisors unless they find the following:
1. The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
2. The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding property for predominant uses in the area.
3. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
4. Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
5. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
6. Proper facilities are provided which would substantially mitigate any traffic congestion or traffic hazard which may result from the proposed use.
7. A demonstrated need for the proposed use.
8. The proposed use is in compliance with the Comprehensive Plan and other ordinances and regulations adopted by the Township.
300:234 Recording. A certified copy of any conditional use permit shall be filed with the County Recorder by the Township Clerk. The conditional use permit shall include the legal description of the property involved.
300:235 Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permits and any conditions connection to such permit.
300:236 Lapse of Conditional Use Permit by Non-Use. If within one (1) year after granting a conditional use permit the work permitted has not been finished, then such permit shall become null and void unless a petition for an extension has been approved by the Township Board of Supervisors.
300:240 FEES FOR REZONING, VARIANCES AND CONDITIONAL USE PERMITS. To defray administrative, legal, and other professional fees and costs of processing requests for conditional use permits, variances and rezoning requests, the Township Board of Supervisors shall:
1. Establish from time to time an administrative fee to be paid at the time of the application; and
2. Establish a fee for recording the approved conditional use permit, variance or rezoning request; and
3. Require the applicant to reimburse the Township for the cost of engineering, legal, and other professional services incurred in the review and processing of the conditional use permit, variance, or rezoning request including the drafting of any documents connected therewith. Prior to the public hearing to be held on a conditional use permit, variance, or rezoning, the Applicant shall deposit with the Township Clerk one-hundred twenty-five (125) percent of the Clerk’s estimated cost of the engineering, legal, and other professional services. The amount required to be deposited hereunder shall be in addition to the normal application fee required for a conditional use permit, variance or rezoning request.
300:250 ZONING ADMINISTRATOR/BUILDING INSPECTOR.
300:251 Appointment/Compensation. The Township Board of Supervisors shall appoint a Zoning Administrator whose term of office and compensation shall be set by the Township Board of Supervisors and who shall have the authority and responsibility to enforce all of the provisions of this Ordinance under the direction of the Township Board of Supervisors. The Zoning Administrator may also serve as the Building Inspector, or the Township Board of Supervisors may appoint another person to serve as the Building Inspector.
300:252 Duties. The Zoning Administrator so appointed shall have the following duties:
1. To maintain a system of procedures, records, files, and documents that will provide for effective and consistent administration, enforce the substance and intent of this ordinance for the protection and preservation of the public health and safety, and issue permit documents when the applicant has met the requirements of the Ordinance.
2. To issue and enforce stop orders on the construction, repair, alteration, renewal, or demolition of any building or structure or any work done thereon carried on in violation of this Ordinance.
3. To interpret this Ordinance and make recommendations to the Planning Commission and Township Board of Supervisors.
4. To inspect all buildings and structures that are regulated under this Ordinance, and to provide inspection reports to the permittee and file records as deemed appropriate by the Township Board of Supervisors.
300:253 Technical Consultation. The Zoning Administrator may, with permission and under the Township Board of Supervisors, employ such technical or expert consultants as may be desirable.
300:254 Violation/Penalties. The Zoning Administrator shall have the right to enter any property, building or structure in connection with the Zoning Administrator’s duties, upon showing his/her credentials or badge of office. The Zoning Administrator may call upon the Township Board of Supervisors for assistance in enforcing any of the provisions of this Ordinance. Any person or persons who shall interfere with the Zoning Administrator in the execution of the Zoning Administrator’s duties as defined in this Ordinance, shall, upon conviction thereof, be subject to the penalties provided herein.
300:255 Penalties. Any person who violates any of the provisions of this Ordinance or who fails to comply with any of the provisions of this Ordinance, or who makes a false statement in any document required to be submitted to the Township under the provisions of this Ordinance shall be guilty of a misdemeanor, and each day that a violation exists shall constitute a separate offense.
300:260 BUILDING PERMITS/APPLICATION. No person may erect, alter, or relocate any structure without first making application to and procuring from the Building Inspector a building permit. Applications for permits shall be made in writing upon forms furnished by the Building Inspector and shall be accompanied by two (2) copies of plans and specifications clearly illustrating and specifying the work to be done. Buildings of one-hundred thousand (100,000) or more square feet content shall have plans and specifications prepared by a practicing architect, registered and licensed in the State of Minnesota. Each application for a building permit shall show the correct legal description of the property and shall be accompanied by two (2) copies of a site plan showing the correct location of the proposed buildings with respect to the property lines and also the correct location of all of the buildings either on, or proposed to be constructed on, the property. The plan shall also show the proposed location of actual and proposed water supply and sanitary facilities. A certificate of survey shall be furnished, if deemed necessary by the Building Inspector.
300:261 Issuance of Permit. The Building Inspector shall examine and approve all plans and specifications, and if they comply with this Ordinance, the Building Inspector shall issue a building permit. One (1) copy of the plans and specifications shall be kept by the Building Inspector, open as public information. The Building Inspector shall sign all building permits.
300:262 Fees. A fee in an amount to be determined from time to time by the Board of Supervisors shall be payable at time of issuance of a building permit, provided, that the permit shall not be required for construction, repairs, maintenance, or minor alterations made in accordance with this ordinance where such costs shall not the current adopted fee schedule..
300:263 Refusal to Issue Permits. The Building Inspector shall refuse to approve any applications or issue a building permit in the following cases:
1. Where the plans and specifications and other data which accompany such application indicate that the proposed work is not in accordance with the provisions of this Ordinance.
2. Where necessary grading incidental to the proposed construction will obstruct any natural drainage waterway; where the relative elevations of the proposed building grade and the established road grade conflict in a manner likely to cause damage to the property or other property in the Township; or where the proposed construction is too low for proper drainage.
300:264 Inspection. The Building Inspector shall inspect each structure for which a building permit has been issued at least once during the work. Unless waived by the Building Inspector for small building projects, a minimum of three (3) inspections will be required, namely: (1) when the foundations are complete; (2) when the entire rough work is in place; and (3) when the building is complete. The owner, or builder, shall notify the Building Inspector at such times as the construction approaches the above mentioned conditions, provided, that the Building Inspector shall make such additional inspections he believes necessary to ensure Code compliance.
300:265 Expiration of Permits. All building permits issued shall expire one-hundred twenty (120) days after the date thereof and all fees shall be forfeited unless the work contemplated and authorized thereby is in actual process.
300:270 PUBLIC UTILITIES EXCEPTION. Public utilities may petition the Township for an exemption from any or all of the requirements of this Ordinance for the purpose of construction of substations and similar storage structures not designed or used for human occupancy. Exemptions may be granted if:
1. The Township Board of Supervisors determines that compliance with this Ordinance creates an unnecessary hardship upon the public utility.
2. Granting the petition for exemption will not seriously affect the purposes of this Ordinance.
300:301 For the purposes of this section, the following definitions shall apply:
Adult Uses: Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public.
Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film 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” or the barter, rental or sale of instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. “Substantial or significant portion of items”, for purposes of this ordinance, shall mean more than fifteen (15) percent of usable floor area.
Adult Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
Adult Health/Sports Club: A health/sports club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
Adult Massage Parlor: A massage parlor which restricts minors by reason of age, or which provides the service 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 building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such 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 Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such 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 Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
Specified Anatomical Areas:
1. Less than completely and opaquely covered:
a. Human genitals;
b. Pubic region;
c. Buttocks; and,
d. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
300:302 Location Requirements.
1. Adult Uses shall be permitted in areas zoned Commercial/Industrial south of Highway 95 provided the following requirements are met:
No adult use shall be located within five-hundred (500) feet of:
a. Any area zoned Residential, Rural Residential, or River Conservation.
b. Any school, as defined in Minnesota Statutes § 120.101.
c. Any church or place of worship.
d. Any daycare facility or any residential or nonresidential program, as defined in Minnesota Statutes § 245A.02.
e. Any hotel or motel.
f. Any public park or cemetery.
g. State and US Highways.
2. Adult uses shall not be established or maintained as a permitted, conditional or accessory use in any area other than those described in paragraph (A) above.
300:303 Amortization of Nonconforming Uses. Adult uses established prior to the enactment of this ordinance shall be permitted and regulated as nonconforming uses until July 31, 2004, at which time such uses shall become unlawful, unless they conform to the requirements of Section 300:302.
300:304 Additional Building Placement Restrictions. Chapter 300:300, the Adult Use Regulations of the Township of Princeton Zoning and Subdivision Ordinances, contain standards that are additional to those set forth in other sections of the Ordinances. Minimum setbacks from roads, building bulk limitations, as well as minimum lot and building dimensions, shall be determined by referring to the specific standards set forth in the Commercial/industrial District. In the event of a conflict between the setbacks listed in this chapter and those listed in other appropriate sections of the Ordinances, the most restrictive setback shall apply.
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