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TO: Stearns County City Officials Cor � OFST JosEP
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FROM: Jennifer Buckentine S
DATE: August 17, 2010
RE: Urban Expansion zoning district
As you may be aware, Stearns County recently adopted a new zoning ordinance: Steams County Land Use
and Zoning Ordinance Number 439. One of the major additions to the new ordinance is the Urban
Expansion zoning district. This district applies to those areas where cities and townships have entered
into an Orderly Annexation Agreement.
The intent of the Urban Expansion district is to allow uses and residential development density similar to
the A -40 zoning district until annexation. The district provides the flexibility of allowing additional uses, if
expressly allowed under the terms of the Orderly Annexation Agreement.
Although your city may not currently have an Orderly Annexation Agreement in place, we wanted to make
you aware of this new zoning district, which would be applicable in the event that you and your
surrounding Townships enter into an Orderly Annexation Agreement in the future.
Please give our office a call if you have any questions regarding this new zoning district or any aspect of
Ordinance Number 439.
#875.8898 "Affirmative Action / Equal Opportunity Employer"
Stearns County Land Use and Zoning Ordinance
9.15 Urban Expansion District (UE District)
9.15.1 Purpose
The purpose of this district is to enable the orderly and efficient staging of urban
services, including wastewater, water, electric, gas, roads and communications in
those areas where cities and townships have entered into an orderly annexation
agreement (OAA). Urban services are extended more efficiently and land use
patterns are more coherent when cities can grow without being hindered by large
lot residential or commercial development. Residential development may only be
allowed at a low density, not to exceed one residence per forty (40) acres and
agriculture is the primary and preferred land use until annexation.
This district is intended to meet the goals of the Stearns County Comprehensive
Plan by limiting barriers to efficient growth of cities and encouraging joint
planning between cities and townships and is specifically directed by the
following Stearns County Comprehensive Plan goals:
A. Manage the impacts of growth and development on the County's rural
character (Land Use Goal 3).
(1) Deter premature development in rural areas and in urban expansion
areas around cities (Objective 3).
B. Use existing infrastructure and resources efficiently (Land Use Goal 5).
(1) Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth
(Objective 1).
9.15.2 Relationship to Orderly Annexation Agreement
The Urban Expansion District regulates areas of Stearns County adjacent to
incorporated municipalities in areas also subject to an Orderly Annexation
Agreement (OAA) except those areas within Commercial, Industrial and
Residential Manufactured Home districts. If an Orderly Annexation Agreement
has been formally adopted by a township and city, the provisions of the OAA
shall supersede the provisions of Section 9 of this Ordinance if they cover the
same subject matter. For example, if the OAA specifically defines permitted uses
to be allowed, the OAA listed uses supersede the permitted uses in Section 9.15.3
of this Ordinance; or, if the OAA is silent on lot coverage requirements, then the
provisions in Section 9.15.14 of this Ordinance shall apply. All subdivision
applications in the UED district shall be reviewed for consistency with the OAA
by both the Township and the City affected.
9.15.3 Permitted Uses
The following uses are permitted subject to any applicable performance standards
and general development standards contained in Sections 6 and 7 of this
Ordinance:
A. Agricultural operations
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Stearns County Land Use and Zoning Ordinance
B. New animal feedlots, if not prohibited under the orderly annexation
agreement, and subject to the provisions of Section 6.7 of this Ordinance
C. Antennas - TV /radio receiving, short wave /private transmitting
D. Essential services, transmission services and utility substations
E. Family day care
B. Group family day care
F. Licensed residential program
G. Licensed nonresidential program
H. Public and private forest and game management areas
I. Public parks and trails
J. Seasonal produce stands which are accessory to agricultural operations
K. Single family residential dwelling unit subject to the conditions of Section
7.32 of this Ordinance
L. Wind energy conversion systems (less than 6kw)
M. Any permitted land use expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
9.15.4 Provisional Uses
The following uses are provisional uses subject to the performance standards and
general development standards contained in Sections 6 and 7 of this Ordinance:
A. Bed and Breakfast Inns
B. Government administrative and service buildings
C. Greenhouses and nurseries
D. Home extended businesses
E. Home occupations
F. Outdoor recreational facilities
G. Temporary use sites in licensed resorts and campgrounds
H. Temporary uses /special events
I. Any provisional land use expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
9.15.5 Permitted Accessory Uses and Structures
The following accessory uses and structures are permitted subject to the
performance standards and general development standards contained in Sections 6
and 7 of this Ordinance:
A. Accessory agricultural buildings subject to the conditions of Sections 6.1 and
7.32 of this Ordinance
B. Accessory residential buildings subject to the conditions of Sections 6.2 and
7.32 of this Ordinance
C. Kennels — private
D. Solar energy systems — accessory
E. Structures related to public airports
F. Swimming pools
G. Any accessory uses expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
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Stearns County Land Use and Zoning Ordinance
9.15.6 Conditional Uses
The following uses may be allowed as conditional uses following the procedures
set forth in Section 4.8 of this Ordinance and further subject to the performance
and general development standards contained in Sections 6 and 7 of this
Ordinance:
A. Accessory structures subject to the conditions of Section 6.1, 6.2 and 7.32 of
this Ordinance
B. Agriculturally oriented businesses
C. Animal feedlot expansions and modifications permitted by and subject to the
provisions of Section 6.7 of this Ordinance
D. Single family residential dwelling unit subject to the conditions of Section
7.32 of this Ordinance
E. Cemeteries
F. Churches
G. Community buildings
H. Commercial businesses, if allowed under the terms of the orderly annexation
agreement.
I. Concrete (ready mix) or asphalt mixing facility, permanent
J. Limited rural business
K. Motor vehicle repair — accessory
L. Schools - public or private
M. Storage facilities, accessory agricultural building
N. Transmission services
O. Truck terminal — small
P. Wastewater treatment facilities
Q. Wind energy conversion systems (6kw to 40 KW)
R. Any conditional land use expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
9.15.7 Interim Use Permits
The following uses may be allowed as interim uses subject to the procedures set
forth in Section 4.18 of this Ordinance and further subject to the performance
standards and general development standards contained in Sections 6 and 7 of
this Ordinance:
A. Concrete (ready mix) or asphalt mixing facility, temporary
B. One (1) temporary single family dwelling unit that is to be located in the
existing farmyard
C. Migrant and/or seasonal worker housing
D. Mining
E. Vacation/private home rental
F. Any interim land use expressly allowed under the terms of the orderly
annexation agreement between the township and the city.
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Stearns County Land Use and Zoning Ordinance
9.15.8 Residential Density Requirements
A. One unit per forty (40) acres. Only one (1) single family residential dwelling
unit shall be allowed per forty (40) acres.
B. Residential density may be greater than one (1) unit per forty (40) acres if the
Orderly Annexation Agreement specifically provides for a higher density.
9.15.9 Standard for Determining Permitted Residential Dwelling Sites
A. Determining Parcels of Record. Certain parcels of record purchased under
separate deed and not containing 40 acres may be allowed as residential
building sites and shall be determined as follows:
(1) Any contiguous tract or parcel that is in common ownership with any
other contiguous tract or parcel on April 21, 2000, but was purchased
under separate deed prior to April 21, 2000, shall be considered a
parcel of record pursuant to Section 5.1.3 A of this Ordinance and shall
be eligible as a residential building site. At the owner's option, any
tract or parcel determined herein as a parcel of record may be combined
with other tracts or parcels for the purpose of determining the number
of permitted residential dwelling sites.
(2) Any non - contiguous tract or parcel that is in common ownership on
April 21, 2000, but was purchased under separate deed prior to April
21, 2000, shall be considered a parcel of record pursuant to Section
5.1.3 A of this Ordinance and shall be eligible as a residential building
site. At the owner's option, any tract or parcel determined herein as a
parcel of record may be combined with any other tract or parcel for the
purpose of determining the number of permitted residential
dwelling sites.
B. Non - contiguous parcels under common ownership. Any non - contiguous tract
or parcel that is in common ownership on April 21, 2000, and was purchased
under the same deed prior to April 21, 2000, with any other tract or parcel
shall not be considered a parcel of record.
C. Eligible forty (40) acre parcels. An eligible forty (40) acre tract shall be any
tract that does not contain any existing residential dwelling and meets one of
the following:
(1) The tract contains forty (40) acres more or less and is described, for
example, as the SW %, SW '/ according to the Government Land
Office survey grid system.
(2) The tract is described as an entire Government Lot and contains at least
thirty five (35) acres.
(3) The tract contains forty (40) acres or more and is described by metes
and bounds description. The right of way of any public road adjacent
to and included in the description of said tract may be used for the forty
(40) acre calculation.
D. Calculating residential dwelling eligibility. Determining eligibility for a
residential dwelling site shall be as follows:
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Stearns County Land Use and Zoning Ordinance
(1) The property owner's total acreage owned within the Urban Expansion
District, less and except land under the OHWL, shall be calculated.
(2) In the absence of a certificate of survey, the acreage listed in the
Stearns County Auditor - Treasurer's Office property transfer records
shall be used.
(3) Forty (40) acres for each existing residential dwelling and any
equivalent land area previously restricted under provisions of this
Ordinance and/ or Stearns County Subdivision Ordinance Number
230; or successor ordinance, shall be subtracted from the total acreage
owned.
(4) The results from 1 and 2 above shall be divided by forty (40) acres and
the quotient will be the number of eligible divisions that are permitted
for the parcel. Decimals of less than .8 shall be reduced to the nearest
whole number and decimals of .8 or greater shall be increased to the
nearest whole number.
E. Subdivisions that are for agricultural or other purposes and do not increase the
density of the number of residential building sites shall be allowed. The deed
shall be accompanied by a Declaration of Restriction stating that the
conveyance is for agricultural or other purposes which do not increase
residential dwelling site density and that the property being conveyed shall not
be used in the calculation of any permitted residential dwelling site division
pursuant to Section 9.15.8 of this Ordinance.
F. The owners of an eligible parcel who execute a residential division for use as
a residential dwelling site shall execute a Declaration of Restriction for a forty
(40) acre equivalent land area which is defined as forty (40) acres less the
acreage of the residential dwelling site that is to be conveyed. The
Declaration of Restriction shall prohibit any additional residential
development of the equivalent land area unless rezoned. No property
conveyance shall occur unless the Declaration of Restriction is first recorded
in the Office of the County Recorder.
G. The equivalent land area shall have frontage on a public road, or must be held
in common ownership with contiguous land that has public road frontage.
Any residual lot or parcel shall have access to a public road.
9.15.10 Cluster Development
Cluster development is allowed in the Urban Expansion District as provided for in
Section 7.4.1 of this Ordinance with the following additional requirements.
A. Purpose. The purpose of cluster development in the UED is to encourage
residential subdivision design that concentrates small residential lots in a
specific area and is therefore more conducive to future development at urban
densities. In the UED, land area in cluster developments that is not developed
for residential sites remains in agricultural production or open space uses until
the area is annexed and developed at urban densities.
B. Density Bonus. Cluster developments in the UED district are eligible for a
fifty (50) percent increase in residential density. To be eligible for the density
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Stearns County Land Use and Zoning Ordinance
bonus, the provisions of Section 7.4 and 9.1 5.10 of this Ordinance shall be
met.
C. Lot Area Requirements. All residential lots within a cluster development in
the Urban Expansion District shall be one (1) to one and one -half (1.5) acres
in size, unless the lot is within the shoreland overlay district of a Natural
Environment Lake. If the lot is within the shoreland overlay district of a
Natural Environment Lake, the lot size shall be a eighty thousand (80,000)
square feet as required by Section 10.2.8(A)1 of this Ordinance. The
minimum lot size may be reduced, except within the shoreland overlay of a
Natural Environment or Recreational Development Lake, to one -half (0.5)
acre if a community subsurface sewage treatment system is installed. Lots
created pursuant to Section 9.15.10 of this Ordinance after January 27, 2005
shall not be increased in size by means of an administrative subdivision or plat
to exceed the maximum allowable lot size as specified in this paragraph.
D. Location of structures. In the UED, consideration shall be given to the
location of residential structures on lots in a cluster development. The
location of structures shall be such that they will blend in to future urban
development and not impede future resubdivision of the lot when urban
services are available. For example, residential structures shall not be placed
in the middle of a lot where a future lot line may logically be placed if the
parcel is resubdivided; and residential structures shall be placed near the
minimum front yard setback line in a manner similar to urban development.
E. Ghost platting required. Ghost platting is required in cluster developments to
facilitate the conversion of subdivisions from the UED district to urban
development after annexation. The preliminary plat for a cluster development
in the UED shall include a sketch plan of a subdivision of lots and public
rights -of -ways depicting the future subdivision of the property at urban
densities. The ghost plat sketch plan shall be consistent with the OAA. Lot
sizes shall be similar to lot sizes planned in the OAA or with existing lot sizes
of similar uses within the municipality. Public rights -of -ways shall be shown
to connect with existing rights -of -ways or as extensions of the municipal
street grid and shall connect to ghost - platted rights -of -way on adjacent
parcels. See Appendix F of this Ordinance for an illustration of this
requirement.
F. Deed covenants. All lots within a cluster subdivision shall include a deed
covenant disclosing that the reserved agricultural land or open space is
intended for future development.
9.15.11 Lot Requirements for Non - Cluster Development
The following lot requirements shall apply unless expressly modified by the
Orderly Annexation Agreement:
A. Lots of Record less than forty (40) acres. A parcel of record that is
determined as such pursuant to Section 5.3.1 A of this Ordinance that is less
than forty (40) acres in size shall be allowed as a residential building site.
B. Dimensional standards. The following standards shall apply to lots or tracts
created in the Urban Expansion District:
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Stearns County Land Use and Zoning Ordinance
(1) The minimum lot size for a single family residential dwelling shall be
one (1) acre.
(2) The minimum median lot width shall be one hundred fifty (150) feet.
(3) For uses other than residential uses, the minimum lot size shall be
sufficient to meet the applicable performance standards of this
Ordinance for the proposed use and setback requirements of Section
9.15.11 of this Ordinance and the sewage treatment system standards of
this Ordinance; or successor ordinance.
(4) The location of any lot in the Urban Expansion District that is to be
used as a residential dwelling site shall be located so that the
Residential Dwelling can meet the animal feedlot setback provisions of
Section 6.7.5 of this Ordinance.
C. Land uses restricted on small lots. In the Urban Expansion District only those
uses that are allowed as permitted, provisional, interim, conditional or
accessory in the R -1 zoning district shall be allowed on a lot or tract less than
ten (10) acres in area, except that a home extended business shall be allowed
as a provisional use pursuant to Section 4.22 of this Ordinance. Setbacks for
the R -1 zoning district shall be applicable to these lots or tracts. Lots or tracts
with an animal feedlot shall meet the standards as provided in Sections 6.7
and 7.16 of this Ordinance.
9.15.12 Setback Requirements
Except as provided in Section 9.15.10 B (5) of this Ordinance, or in the Orderly
Annexation Agreement, the following setback requirements shall apply:
A. Setbacks. Minimum building setbacks are listed below:
(1) Side 50 feet
(2) Rear 50 feet
(3) Front
Road Setback from Setback from Road
Classification Road Centerline* Right -of -Way (R.O.W.)*
Principal Arterial 150 75
Minor Arterial 120 60
Major Collector 100 50
Minor Collector 100 50
Un- Classified Setback from Setback from Road
Roads Road Centerline* Right -of -Way (R.O.W.)*
County Road 100 50
Township Road 63 30
Private Road Esmt. 63 30
*THE MORE RESTRICTIVE SETBACK SHALL APPLY.
(4) Detached garages and accessory buildings may be placed ten (10) feet
from the side lot line and ten (10) feet from the rear lot line.
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Stearns County Land Use and Zoning Ordinance
(5) For lots created after January 27, 2005, setbacks from Types 3, 4 and 5
wetlands shall be fifty (50) feet and twenty five (25) feet from all
other wetlands.
B. Animal feedlots. If allowed under the Orderly Annexation Agreement, new
and expanded animal feedlots and manure storage facilities shall meet the
setback provisions of Section 6.7.5 of this Ordinance, and all setbacks
described in the OAA.
C. Residential setbacks from feedlots. All residential dwellings, in addition to
meeting the minimum building setback requirements of Section 9.15.11A of
this Ordinance, shall also comply with the residential setbacks from an
Animal Feedlot as provided in Section 6.7.5 A of this Ordinance.
9.15.13 Height Requirements
A. Building height limited. Buildings, other than agricultural buildings, shall not
exceed thirty five (35) feet in height except as provided in Section 7.14 of
this Ordinance.
B. Agricultural exemption. Agricultural buildings shall be exempt from the
height requirements.
9.15.14 Lot Coverage
The maximum lot coverage shall be twenty five (25) percent.
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