HomeMy WebLinkAbout[02] OAA Agreement
CITY OF ST. JOSEPH
PO BOX 585
75 Callaway St E
St. Joseph MN 56374
St. Joseph MN 56374
320-363-8825
320-363-7201
Jweyrens@cityofstjoseph.com
MEETING DATE: March 16, 2017
AGENDA ITEM: Orderly Annexation Land Use Regulations
SUBMITTED BY: Administration
BACKGROUND INFORMATION: December 20, 2016 the City and Township of St. Joseph met to discuss
the land use regulations for the Orderly Annexation Area (OAA). Previously Stearns County
Environmental Services notified the Joint Board that Stearns County does not have the statutory
authority to serve as the Zoning Administrator for the OA area; therefore the City and Township would
need to determine how the OAA would be managed. The City and Township agreed to appoint the City
as the Zoning Administrator, with applications and recommendations forwarded to AllSpec, Nancy Scott
for review as well. The Joint Board authorized the City, with consultation of the City and Township
Attorney, to prepare the necessary documents to implement the revised processes.
In preparing the Land Use Regulations, the County Ordinances and the previous MOU were incorporated
into one document. Items highlighted in yellow are provisions that were included in the MOU and not in
the Urban Expansion Zoning District. Items with a strike through are provisions that do not have an
impact on the OAA in St. Joseph. Those items were verified with Angie Berg.
ATTACHMENTS: Request for Consideration
Draft Land Use Regulations
Joint Resolution OAA Land Use Regulations
RECOMMENDED ACTION: Motion to approve the draft land use regulations or table for further
information.
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ORDINANCE NO. 1
TOWNSHIP OF ST. JOSEPH/CITY OF ST. JOSEPH
ORDERLY ANNEXATION AREA
LAND USE (ZONING) REGULATIONS
WHEREAS, the Township of St. Joseph and the City of St. Joseph have established a
Joint Planning Board to exercise planning and land use control over the annexation areas
specified by the City and Township’s Joint Resolution for Orderly Annexation; and
WHEREAS, the Joint Planning Board has determined to adopt Land Use (Zoning)
Regulations for the Orderly Annexation Area;
NOW, THEREFORE, the Township of St. Joseph and the City of St. Joseph ordain as
follows:
Section1.1: Intent. The intent 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 the 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 City of St. Joseph and Stearns County
Comprehensive Plansthe Township of St. Joseph 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 characterin
the OAA.
b) Deter premature development in rural areas and in urban expansion areas around
cities.
c) Use existing infrastructure and resources efficiently.
d) Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth.
Section 1.2: Jurisdiction. The Urban Expansion District shall apply to the unincorporated
areas of St. Joseph Township within the Orderly Annexation Area of the Orderly Annexation
Agreement between the Township of St. Joseph and City of St. Joseph (the “OAA”).
Section 1.3: Definitions. Section 3 of the Stearns County Land Use and Zoning
Ordinance is hereby adopted by reference.
Section 1.4: Permitted Uses. The following uses are permitted subject to any applicable
performance standards and general development standards contained in Sections 6 and 7 of the
Stearns County Land Use and Zoning Ordinance:
a) Agricultural operations
b) Animal feedlots
c) Family day care
d) Group family day care
e) Licensed residential program
f) Licensed nonresidential program
g) Public and private forest and game management areas
h) Public parks and trails
i) Single family residential dwelling unit. A residential dwelling unit, including a
manufactured home shall be no less than twenty-four feet (24’) in width. A
manufactured home shall bear the Seal of Compliance issued by the State of
Minnesota.
j) Wind energy conversion systems (less than 6kw)
k) Greenhouses and nurseries
Section 1.5: 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 the Stearns County Land Use and Zoning Ordinance.:
a) Accessory agricultural buildings
b)a) Accessory residential buildings provided they are no closer to the road than the
residential structure and meet all setbacks. Accessory buildings shall not be
located on a lot prior to the location of a residential dwelling on the same lot.
c) Amateur, personal non-commercial antennas– TV/Radio, Satellite Dish, and Short
Wave/Private Transmitting and Receiving
d)b) Living quarters for person employed on the premises directly connected with the
operation of the farm
e)c) Seasonal produce stands which are accessory to agricultural operations
f)d) Signs- non-commercial, on premise
g)e) Solar energy systems – accessory
h)f) Structures related to public airports
i)g) Swimming pools
Section 1.6: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in Section 4.8 of the Stearns County Land Use and Zoning Ordinance, except as
modified within the OAA. Conditional Uses are subject to the performance and general
development standards contained in Sections 6 and 7 of the Stearns Country Land Use and
Zoning Ordinanceherein.
a) Accessory structures including accessory agricultural buildings that are accessory
to an Agricultural Operation
b) Agriculturally oriented businesses
c) Animal feedlot expansions and modifications
d) Antennas – TV.Radio Receiving, Short Wave/Private Transmitting
d)e) Bed and Breakfast Inns
e) Cemeteries
f) Religious institutions, including churches, synagogues, chapels, temples and
related structures on the same site which are an integral part of the church proper.
g) Community buildings
h) Concrete (ready mix) or asphalt mixing facility, permanent
i) Contractors yards, provided they are setback a minimum of 650 feet from the
center of the road.
j) Essential services, transmission services and utility substations
k) Government administrative and service buildings
l) Home extended business
m) Home occupations
n) In-vessel composting facility or mortality incinerator
o) Kennels – private
p) Solar systems
q) Limited rural business
r) Motor vehicle repair – accessory
s) Outdoor recreational facilities
t) Schools-public or private
u) Storage facilities, accessory agricultural building
v) Structures related to public airports
v)w) Transmission services
w)x) Truck terminal – small
x)y) Wastewater treatment facilities
z) Wind energy conversion systems (6kw to 40 KW)
y)aa) Other uses which are determined by the Joint Planning Board to be similar in
nature and impact to the permitted or conditional uses enumerated herein and
which are in harmony with the City of St. Joseph Comprehensive Plan
Section1.7: Interim Uses. The following uses require an Interim Use Permit as regulated
in Section 4.18 of the Stearns County Land Use and Zoning Ordinance, except as modified
within the OAA. Animal Feedlots are subject to the regulations and permitting requirements of
Stearns County Ordinances governing feedlots. Interim Uses are subject to the performance and
general development standards contained hereinin Sections 6 and 7 of the Stearns County Land
Use and Zoning Ordinance:
a) Animal feedlots. New animal feedlots with less than 10 animal units in shoreland
b) Animal feedlots. Re-established animal feedlots in shoreland
c) Concrete (ready mix) or asphalt mixing facility, temporary
d) Migrant and/or seasonal worker housing
e) Mining
f) Secondary single family residential dwelling unit that is to be located in the
existing farmyard
g) Temporary single family residential dwelling unit for supportive care
h) Temporary use sites in licensed resorts and campgrounds
i) Temporary uses/special events
j) Vacation/private home rental
k) Other uses which are determined by the Joint Planning Board to be similar in
nature and impact to the permitted or conditional uses enumerated herein and which are
in harmony with the City of St. Joseph Comprehensive Plan
Section 1.8: 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 densityby
conditional use permit.
Section1.9: Standard for Determining Permitted Residential Dwelling Sites.
Subd. 1: 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 the Stearns County Land Use and Zoning 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 the Stearns County
Land Use and Zoning 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.
Subd. 2: Any tract or parcel that is in common ownership and was recorded under the
same deed with any other tract or parcel shall not be considered a parcel of record unless one or
more of the following apply:
(1) Parcels were non-contiguous prior to April 21, 2000; or
(2) A residential dwelling unit existed on each parcel prior to April 21, 2000; or
(3) Total consideration of the most recent property transfer was less than $1000.
Subd. 3: 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 ¼, SW ¼ 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 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.
Subd. 4: Calculating residential dwelling eligibility. Determining eligibility for a
residential dwelling site shall be as follows:
(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 the Stearns County Land Use and
Zoning 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.
Subd. 5: 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 1.89.15.8 of the Stearns County Land Use and Zoning Ordinanceherein.
Subd. 6: 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.
Subd. 7: 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.
Section 1.10: Transfer of residential development rights.
Subd. 1: The transfer of development rights from another Township into St. Joseph
Township is prohibited.
Subd. 2: The transfer of residential development rights from St. Joseph Township into
another Township is prohibited.
Subd. 3: The transfer of residential development rights from one property to another
within the Urban Expansion District is prohibited.
Section 1.11: Cluster Development. Cluster development is allowed in the Urban
Expansion District as provided for in Section 1.13, Subd. 5 7.4.1 of this Ordinance with the
following additional requirements.
Subd. 1: 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.
Subd. 2: 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 bonus, the provisions
of Section 7.41.13, Subd. 5 and this section9.15.10 of the Stearns County Land Use and Zoning
Ordinance shall be met.
Subd. 3: 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 the Stearns County Land Use and
Zoning 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 the Stearns County Land Use and Zoning 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.
Subd. 4: 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.
Subd. 5: 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 E of the Stearns County Land Use and Zoning
Ordinance for an illustration of this requirement.
Subd. 6: 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.
Section 1.12: Lot Requirements for Non-Cluster Development. The following lot
requirements shall apply:
Subd. 1. 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 the Stearns County Land Use and Zoning Ordinance that
is less than forty (40) acres in size shall be allowed as a residential building site.
Subd. 2. Dimensional standards. The following standards shall apply to lots or tracts
created in the Urban Expansion District:
(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 Subd. 4 below Section 9.15.11 of the Stearns County
Land Use and Zoning Ordinance and the sewage treatment system standards of
the Stearns County 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 the Stearns County Land
Use and Zoning Ordinance.
Subd. 3: Land uses restricted on small lots. In the Urban Expansion District only those
uses that are allowed as permitted, interim, conditional or accessory in the R-1 zoning district
within the Zoning Ordinance of the City of St. Joseph shall be allowed on a lot or tract less than
ten (10) acres in area, except that a temporary single family residential dwelling unit for
supportive care and vacation/private home rental may be allowed as an interim use. Lot
coverage, height and setbacks for the R-1 zoning district shall be applicable to these lots or
tracts, except that setbacks from wetlands shall follow Section_10.2.11 of the Stearns County
Land Use and Zoning Ordinance. Home occupations shall be regulated pursuant to the Zoning
Ordinance of the City of St. Joseph, except that the Joint Planning Board shall be the governing
body in hearing appeals and issuing a special home occupation license.
Subd. 4: Setback Requirements. The following setback requirements shall apply:
(1) Setbacks. Minimum building setbacks are listed below:
(a) Side 50 feet
(b) Rear 50 feet
(c) Front
Road Setback from Road
Setback from
Classification Right-of-Way (R.O.W.)*
Road Centerline*
Principal Arterial 150 75
Minor Arterial 120 60
Major Collector 100 50
Minor Collector 100 50
Un-Classified Setback from Road
Setback from
Roads Right-of-Way (R.O.W.)*
Road Centerline*
County Road 50
100
Township Road 30
63
Private Road Esmt. 30
63
*THE MORE RESTRICTIVE SETBACK SHALL APPLY.
(d) 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.
(e) 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.
(2) Animal feedlots. If allowed under the Orderly Annexation Agreement, nNew and
expanded animal feedlots and manure storage facilities shall meet the setback
provisions of Section 6.7.5 of the Stearns County Land Use and Zoning
Ordinance and all setbacks described in the OAA.
(3) Residential setbacks from feedlots. All residential dwellings, in addition to
meeting the minimum building setback requirements of Section 9.15.11A of the
Stearns County Land Use and Zoning Ordinanceprovided herein, shall also
comply with the residential setbacks from an Animal Feedlot as provided in
Section 6.7.5 A of the Stearns County Land Use and Zoning Ordinance.
Subd. 5: Height Requirements.
(1) Building height limited. Buildings, other than agricultural buildings, shall not
exceed thirty five (35) feet in height except as provided in Section 1.13, Subd. 12.
herein Section 7.14 of
the Stearns County Land Use and Zoning Ordinance.
(2) Agricultural exemption. Agricultural buildings shall be exempt from the height
requirements.
Subd. 6. Lot Coverage. The maximum lot coverage shall be twenty five (25) percent.
Subd. 7: Signs. Signs as regulated within the Stearns County Land Use and Zoning
Ordinance. St. Joseph Code of Ordinances.
Subd. 7: Additional Requirements. Uses may be subject to additional requirements
contained in the Stearns County Land Use and Zoning Ordinance including, but not limited to
the sections governing parking, wetlands, shoreland, floodplain, etc.
Section 1.13. General Development Standards.
Subd. 1: Application. The regulations contained in this Section apply to all structures and
land use, and are in addition to any specific zoning district requirements of this Ordinance. They
are established to minimize conflict between land uses, to preserve the use and enjoyment of
property, to encourage a high standard of development and to protect the public health, safety
and welfare.
No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or
noxious condition because of fire, explosion or other hazard, noise, vibration, smoke, dust,
fumes, odor or other air pollution, light, glare, heat, electrical disturbance, liquid or solid refuse
or waste, water or soil pollution or other substance or condition. No use or structure shall
unreasonably interfere with the use and enjoyment of property by any person of normal
sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in
compliance with any standard contained in this Ordinance or any other applicable regulation.
Subd. 2: Access and Driveways.
(1) New, Revised or Changed Use Accesses onto County Roads. All new, revised or
change of use accesses onto County roads shall be subject to the access and
corridor protection guidelines of the Stearns County Comprehensive Plan. The
Public Works Director shall determine the appropriate location, size and design of
such accesses and may limit the number of accesses in the interest of public safety
and efficient traffic flow. Accesses on any County highway shall require a
driveway access permit from the Stearns County Public Works Director. Issuance
of a driveway access permit from the Stearns County Public Works Director shall
be precedent to the issuance of any construction site or use permit.
(2) Access to State Highways. Accesses on any state highways shall require the
approval of the Minnesota Department of Transportation (MNDOT).
(3) Access to Township Roads. Accesses on any township road shall, if required,
require the approval of the appropriate Township Board of Supervisors.
Subd. 3. Agricultural Operations. All agricultural operations in the Agricultural Districts
being conducted in compliance with the terms of this Ordinance and other applicable state and
federal regulations shall not be deemed a violation of this Ordinance regardless of the fact that
there may have been changes in the surrounding character of the area.
Subd. 4. Closed Landfills and Dumpsites.
(1) Development Standards. The following standards apply to closed landfills and
dumpsites, and associated contaminated or at risk areas that have not been
remediated or reclaimed under the Minnesota Pollution Control Agency (MPCA)
Voluntary Investigation and Cleanup (VIC) program or other MPCA
environmental response remediation program.
(a) MPCA Ownership or Environmental Response Agreement. If the closed
landfill is owned by or has a remediation easement, covenant or binding
agreement controlled by the MPCA, allowed use of the land and all land
disturbing activities are limited to those activities or uses specifically
allowed under the MPCA Land Use Plan (LUP).
(b) Development Prohibited on Groundwater Plumes, Methane Areas of
Concern. No development or construction is permitted on areas
surrounding a closed landfill site that have been identified as areas on top
of a groundwater plume or a methane area of concern.
(c) Groundwater Areas of Concern. Within mapped groundwater areas of
concern, all applicants for residential subdivisions or permits for new
dwelling units must provide a hydrologic analysis demonstrating that the
development will not alter the normal groundwater flows or accelerate the
movement of contaminated groundwater. For drinking water supply prior
to final plat approval, a comprehensive water test must be submitted to the
Department for all plats, residential and non-residential. The water test
must be taken by an independent state approved laboratory and must show
that the state drinking water levels are met.
(2) Dumpsites not under MPCA Remediation Plan. For dumpsites without an MPCA
LUP, all activities on the dumpsite must protect the integrity of any existing or
planned remediation systems and the ability to take environmental response
actions at the landfill.
(a) No Development on Landfills or Dumpsites. No development activities
are allowed at any point on a closed landfill or dumpsite or within four
hundred (400) feet of a landfill or dumpsite. Development closer than
four hundred (400) feet is allowed only upon demonstration to the
satisfaction of the Director that water and methane risk is inconsequential.
(b) Testing Required. All applications for subdivision or construction of new
dwellings that includes a closed landfill or dumpsite on the lot or in the
subdivision, or is within one thousand (1,000) feet of a closed landfill or
dumpsite, must document that no contamination plume is within any area
slated for development.
(c) Documentation Required. An affidavit must be filed with the County
Recorder in the following circumstances:
i. When the landfill or dumpsite is within a proposed subdivision, the
applicant must record a notarized affidavit with a detailed
description of the dump with the County Recorder. This document
shall include a legal description of the boundaries of the filled area,
the size of the filled area in acres, the depth of fill and anything
that is known about the types of waste buried. The affidavit should
also reference any investigation reports.
ii. When the closed landfill or dumpsite is off the site of the proposed
subdivision or new dwelling units, but is within one thousand
(1,000) feet of any proposed residential lot, the applicant must
record a notarized affidavit stating knowledge of the landfill or
dumpsite.
(d) Managing Landfill Sites. A closed landfill or dumpsite without a LUP
within a proposed development must be managed consistent with MPCA’s
Best Management Practices for Minnesota’s Old Dumps, or most recent
version, including the following:
i. Remove surface debris. All surface debris must be removed in
accordance with MPCA and CountyJoint Planning Board
standards.
ii. Vegetate Landfill Surface Soil. All portions of the landfill site
must have a complete native vegetative cover. Vegetation reduces
runoff and erosion, provides habitat and improves the appearance
of the property.
(e) Additional Conditions. The Department may impose conditions on any
land use permit or subdivision within one thousand (1,000) feet of a closed
landfill or dumpsite to protect public health and safety. Conditions may
include, but are not limited to:
i. Prohibiting uses or limiting allowed uses;
ii. Limiting location or technology of individual drinking water wells;
iii. Limiting the movement, excavation, and removal or soil and
underground materials.
(3) Participation in VIC. All uses and development activities allowed under the
zoning district and overlay districts, if applicable, that are consistent with a final
determination under the MPCA Voluntary Investigation and Cleanup Program are
allowed on dumpsites and surrounding contaminated ground. All design and
engineering standards stipulated in the final VIC determination must be followed
in the development process.
Subd. 5. Cluster Development Standards.
(1) Purpose. The purpose of the cluster development standards is to concentrate
residential lots in rural development and allow an equivalent land area to remain
in agricultural production or open space. The cluster development standards
implement the following Comprehensive Plan goals:
(a) Land Use Plan, Goal 1 Objective 2: Preserve highly-valued farmland for
agricultural pursuits.
(b) Natural Resources Plan Goal 3 Objective 1: Protect agricultural soils and
other agricultural resources by regulating non-agricultural land uses in
areas with agricultural soils.
(2) Applicability.
(a) Cluster development required. Cluster development as provided in
Section 7.4 of this Ordinance shallmay be required in the A-160, A-80 and
A-40 primary zoning districts,allowed in the OAA by conditional use
permit unless the parcel proposed to be subdivided meets one of the
following exemption criteria:
i. The lot is forty (40) acres or greater,
ii. The lot is a full quarter-quarter section,
iii. The lot is a complete Government Lot,
iv. The lot is not tillable and is greater than two (2) acres
v. The subdivision is within the Conservation Subdivision Overlay
and is submitted as a Conservation Subdivision consistent with
Section 10.3 of this Ordinance.
vi. The subdivision is a minor subdivision pursuant to Stearns County
Ordinance Number 230; or successor ordinanceSt. Joseph City
code.
(b) Cluster development discretionary. Cluster developments as provided in
Section 7.4 of this Ordinance shall be discretionary in the T-20, R-20, R-
10 and R-5 primary zoning districts.
(3) Density Bonus. To be eligible for the density bonus, the property under
consideration must be eligible for at least two (2) residential dwelling sites,
exclusive of the density bonus. Cluster developments in the R-10 or R-5
OAAprimary zoning districts are eligible for a fifty (50) percent increase in
residential density. To achieve a fifty (50) percent increase in residential density,
multiply the eligible residential dwelling sites, as determined in each primary
zoning district including the fraction, by one and one-half (1 ½). Fractions of less
than one-half (½) shall be reduced to the nearest whole number and fractions of
one-half (½) or greater shall be increased to the nearest whole number. Cluster
developments in the A-160, A-80, A-40, T-20 or R-20 primary zoning districts
are not eligible for a density bonus.
(4) Lot Area Requirements.
(a) All lots within a cluster development shall meet the following lot area
requirements within the designated primary zoning or any applicable
overlay district:
i. The minimum lot area in all Districts is one ( 1) acre
ii. In the A-160, A-80, A-40, T-20 or R-20 primary zoning districts
the minimum area restricted as open space or agriculture shall be
eighty (80) percent of the acreage required (platted area plus the
equivalent land area) for the residential density being used. See
Appendix E of this Ordinance for an illustration of this
requirement. In the R-10 or R-5 primary zoning districts OAA, the
minimum area restricted as open space or agriculture shall be sixty
(60) percent of the acreage required (platted area plus the
equivalent land area) for the residential density being used.
iii. The maximum tillable farmland on residential lot area is two (2)
acres in Agricultural Districts, unless in the judgment of the
Director the tillable farmland is separated from other tillable
farmland by natural or manmade boundaries, such as roads, woods,
property lines, ditches or streams and the intent of the cluster
development siting standards is met.
iv. On Natural Environment Lakes, the minimum lot size shall be
eighty thousand (80,000) square feet to meet the minimum lot size
required by Section 10.2.8 A(1) of this Ordinance.
(b) Lots created pursuant to Section 7.4 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 area as specified
in Section 7.4.4 of this Ordinance.
(5) Minimum Size of Cluster Development. The minimum cluster development size
shall be at least two (2) single family residential dwelling sites.
(6) Lot Coverage. The maximum lot coverage of any lot in a cluster development
shall be no more than twenty-five (25) percent.
(7) Density Transfer. The number of single family residential dwelling unit sites that
may be transferred into a proposed subdivision site in order to develop a cluster
development shall be consistent with residential density limitations of the primary
zoning district or any applicable overlay district.
(8) Cluster Development Review and Consideration.
(a) A cluster development shall be considered in the same manner as a
conventional subdivision plat.
(b) A preliminary subdivision plat shall be filed and processed in accordance
with the procedures for processing a subdivision plat established in
Stearns County Ordinance Number 230; or successor ordinance.
(9) Cluster Development Siting Standards.
(a) Cluster developments shall meet the residential siting requirements
established in Section 7.32.1C of this Ordinance and shall be sited to
achieve the following goals, to the extent practicable:
i. Avoid prime farmland soils, tillable farmland and large tracts of
land in agricultural use; and
ii. Avoid interference with agricultural operations; and
iii. Minimize the fragmentation of agricultural land; and
iv. Minimize disturbance to woodlands or other significant stands of
vegetation; and
v. Avoid encroaching upon or disturbing native plant communities
identified in the Department of Natural Resources’ County
Biological Survey for Natural Communities and Rare Species; and
vi. Result in contiguous tracts. Cluster developments shall only be
allowed where land features and topography allow for contiguous
tracts to be sited unless, in the judgment of the Planning
Commission according to Section 7.4.9C of this OrdinanceJoint
Planning Board, noncontiguous tracts would result in less
fragmentation of tillable farmland; and
vii. Protect scenic views of open land from adjacent roads; and
viii. The Resource Suitability Model and/or the Land Evaluation Site
Assessment (LESA) system shall be used in siting cluster
developments.
(b) To meet the above stated goals, the following process shall be used to site
the cluster development. This process shall be completed before a
preliminary plat is developed.
i. Identify all potential conservation areas. The natural features of
the area proposed to be developed, including the equivalent land
area, if any, shall be identified. The Departmentdeveloper or
property owner shall supply maps showing the following natural
features:
A. Woodlands
B. Wetlands and floodplain
C. Historic, archaeological and cultural features
D. Significant natural areas as shown on the County Biological
Survey
E. Slopes of twenty-five (25) percent and greater
F. Soil types, including tillable farmland
G. Adjacent agricultural infrastructure, including feedlots and
manure management acres
ii. The developer or property owner shall supply the following
information:
A. Certified acres
B. Most recent Farm Service Agency air photos showing the tract
number, wetlands, highly erodible areas, etc.
C. Indicate the location of natural drainage ways, County and
private ditches and tile drainage systems
D. Forms 578 and 156EZ; or successor forms, which can be
obtained from the Farm Service Agency
iii. Based on the natural features that are identified, conservation areas
will be designated. Primary conservation areas include existing
agricultural infrastructure, wetlands and floodplains, steep slopes,
tillable farmland, land on the County Biological Survey and land
on the Areas of Biological Significance Map. Secondary
conservation areas include mature woodlands and pasture lands.
The developer or property owner shall locate potential home sites
to avoid the primary conservation areas, and to the extent
practicable, the secondary conservation areas. The home sites
shall be located so as to meet the goals contained hereinin Section
7.4.9 A of this Ordinance.
iv. After the home sites are designated, the developer or property
owner shall show the street locations and layout.
v. Based upon the home site and street locations, the lot lines may be
drawn.
(c) In the event a developer proposes noncontiguous tracts, a concept plan
shall be approved by the Planning CommissionJoint Planning Board prior
to submittal of the preliminary plat. In reviewing the concept plan, the
Planning CommissionJoint Planning Board will consider but not be
limited to the extent to which the siting standards of Section 7.4.9A of this
Ordinancecontained herein are met.
(10) Sewage Treatment and Drinking Water Systems. Community subsurface sewage
treatment systems and/or community drinking water supply systems may be
required where soil types and other environmental sensitivities, such as shallow
bedrock formations and high susceptibility to nitrate nitrogen contamination, are
such that additional measures may be necessary to protect the public health, safety
and welfare.
(a) Community subsurface sewage treatment systems and community
drinking water supply systems may be placed within the open space area.
(b) Subsurface sewage treatment systems may be placed within the open
space area.
(c) A subordinate service district, a customer owned utility or other entity
acceptable to the Board shall be responsible for the management of any
community wastewater facilities and any community drinking water
supply system.
(11) Cluster Development Review Standards. The design of a plat using the cluster
development option shall be subject to the approval of the Planning
CommissionJoint Planning Board, which may use, but is not limited to, the
following criteria for their review:
(a) Compatibility with the Comprehensive Plan; and
(b) Compatibility with surrounding land uses; and
(c) The degree to which the proposal meets the intent of this Section; and
(d) The degree to which the proposal is able to provide contiguous, non-
fragmented development. The Planning Commission Joint Planning
Board has the authority to modify the lot lines and design of the proposed
plat in order to achieve the goals of the Comprehensive Plan, the City of
St. Joseph Subdivision Ordinance and this Ordinance; and
(e) Compatibility with the LESA system and the Resource Suitability Model.
7.5 Conservation Design Overlay, Agricultural
7.5.1 Purpose
The purpose of the Agricultural Conservation Design Overlay is to encourage residential
development that conserves the agricultural and environmental resources of the County. This is
achieved by designating areas with specific agricultural design themes or purposes, locating
dwelling units on low value agricultural sites consistent with the goals of agricultural protection
and preserving portions of the development site that have agricultural and conservation value.
Conservation design enhances land development and resource conservation opportunities,
meeting the following objectives and goals of the Stearns County Comprehensive Plan:
A. Implementation Plan, Action Item #4, Conservation Design Options. One of the common
themes that emerged during the planning process was the desire of many township officials and
landowners to have some additional flexibility in siting residential dwellings on land that is less
suitable for farming. There was also a strong desire to limit the creation of twenty (20)- and
forty (40)-acre single-family lots, which take excessive amounts of land out of agriculture,
forestry or resource conservation. The concept of a conservation overlay option in the A-40
zoning district was developed to address these concerns.
B. Land Use Plan, Development Suitability and Regulatory Flexibility, Policy #2. In
agriculturally designated areas where specific criteria are met, the County may allow reasonable
increases in residential density that exceed the density range noted in the Comprehensive Plan
agricultural land use category (one home per forty (40) acres or more). . . The overlay concept is
intended for use only in areas where the County determines that the additional residential density
will not adversely affect the viability of agricultural uses.
C. Implementation Plan, Action Item #8. Consider Transitions from Large-Lot Zoning. The
conservation design options discussed in this section would allow similar or higher densities to
those allowed by the R-20 and T-20 districts. The County will consider replacing these districts
with a variety of conservation design options (i.e., the A-40 or Avon Hills options above) or with
other zoning districts that will better protect agricultural and natural resources.
7.5.2 Applicability
Conservation design is the preferred and permitted subdivision standard within
agricultural conservation design overlay areas. Within conservation design overlay areas,
conventional subdivisions require a conditional use permit.
A. Agricultural Conservation Design. Agricultural conservation design, as provided for in
Section 7.5 of this Ordinance, shall be allowed in those areas of the A-40 Primary zoning district
meeting the conditions of Section 10.3 of this Ordinance.
7.5.3 Agricultural Conservation Design Size, Density Standards
The following standards apply to subdivisions within the agricultural conservation design
overlay.
A. Minimum Size. The minimum conservation design development shall be two (2) Single-
Family Residential Dwelling sites, exclusive of the density bonus, and eighty (80) acres or one
half (1/2) section, whichever is smaller in size.
B. Density Transfer. The number of eligible dwelling unit sites that can be transferred
within a proposed conservation design subdivision shall be consistent with the residential density
limitations of the A-40 primary zoning district, except as noted below.
C. Density Bonus. As an incentive to encourage conservation design development, the
number of residential divisions allowed may be increased as follows, provided the proposed
development meets the standards contained in Sections 7.5 and 7.32 of this Ordinance.
(1) Conservation Design Bonus. In the A-40 primary zoning districts, the number of
permitted residential dwelling sites may be increased by one hundred (100) percent. To achieve
a one hundred (100) percent increase in residential density, multiply the eligible residential
dwelling sites, as determined in each primary zoning district including the fraction, by two (2).
(a) Fractions of less than one-half (½) shall be reduced to the nearest whole number and
fractions of one-half (½) or greater shall be increased to the nearest whole number.
(b) Bonus development rights shall be used within the conservation design overlay in which
the bonus was granted and shall not be transferred to a parcel outside the overlay.
(2) Participation in TDR. Up to two (2) additional dwelling units per forty (40) acres may be
transferred into a proposed subdivision site if the dwelling unit rights are acquired via the County
Agricultural Transfer of Development Rights program and meet all the approvals and standards
for such transfers as required in Section 11 of this Ordinance.
(3) Site Conditions Limiting Density. In no event shall the County allow density transfers
into an agricultural conservation design subdivision that exceeds the approved yield plan for the
subject subdivision as described in Section 7.5.4 of this Ordinance, that cannot meet the building
siting requirements of the A-40 zoning district or Section 7.32 of this Ordinance or that
otherwise conflicts with the goals of agricultural protection as stated in the Stearns County
Comprehensive Plan.
7.5.4 Required Conservation Design Process
To meet conservation design goals, the following process shall be used to
create an agricultural conservation design subdivision. The rezoning request
for a conservation design overlay and the preliminary plat must be based upon
the following process, unless a conditional use permit authorizes a
conventional subdivision. See Appendix E of this Ordinance for an illustration of this process.
A. First Step, Develop Yield Plan. In order to determine the total potential density of the
subdivision, a yield plan must be created and approved by the Board. The yield plan must be
submitted as part of the application for rezoning under Section 4.10.5 of this Ordinance and shall
be used to develop the preliminary plat as described in Ordinance Number 230; or successor
ordinance. The yield plan shall also include all properties within one-half (½) mile of the subject
property. The yield plan shall be developed in the following manner:
(1) Identify Conservation Goals, Areas. The applicant must identify the specific agricultural
conservation goals and provide a general description of conservation areas on the proposed site.
Conservation goals will provide additional detail on the priority elements of the agricultural
conservation resources being protected. Agricultural conservation goals can include, but are not
limited to, the following: protection of tillable farmland, protection of pastureland, protection of
buffers separating agriculture uses from natural resources or groundwater recharge areas and
promotion of local food (small scale/direct-to-market agriculture).
(2) Designate Conservation Areas. Based on the conservation areas identified in the first
step, the second step in creating a yield plan is to identify primary and secondary resources and
designate conservation areas. Primary and secondary resources must be consistent with type of
agricultural uses, and shall include the following:
(a) Primary conservation areas must include parcels with a LESA score greater than sixty-
five (65), areas with prime farm soils, land on the County Biological Survey, land on the Areas
of Biological Significance Map, existing feedlot buffers, other existing agricultural infrastructure
including erosion control devices and shoreland buffers, wetlands, floodplains and shore and
bluff impact zones.
(b) The applicant may designate other possible resources as primary or secondary
conservation areas including tillable farmland, pasture lands, wind energy resource areas, steep
slopes, natural resource areas, rural viewsheds or other resources consistent with the
conservation goals.
(c) Use of Conservation Area Designation. All primary and secondary resources do not have
to be included within the protected conservation area, but shall be a limitation on the density
approved in the yield plan and on home and building envelope placement as described in Section
7.32 of this Ordinance.
(3) Develop Yield Plan. The yield plan shall identify:
(a) The total number of housing units sought by the applicant, not to exceed a gross density
of four (4) units per forty (40) acres,
(b) a listing of the primary and secondary resources for conservation,
(c) a map showing all areas within the proposed development that lie outside the
conservation areas and are at least one (1) acre in size.
(4) Submit Yield Plan. The Applicant shall submit the yield plan to the Planning
Commission as part of the application for rezoning, to be considered as described in Section
4.10.5 and 10.3 of this Ordinance. An approved rezoning shall constitute approval of the yield
plan.
B. Second Step, Map Conservation Resources and Areas. Upon approval of the application
for rezoning the applicant shall compile necessary information for completing the conservation
design process and filing of the preliminary plat, as described in Ordinance Number 230; or
successor ordinance. As part of the preliminary plat application, the applicant shall map all
primary and secondary conservation areas.
(1) The Department shall supply maps showing the following resources:
(a) Parcels with a LESA score greater than sixty-five (65)
(b) Soil types, including prime and tillable farmland
(c) Adjacent agricultural infrastructure, including feedlots and manure management acres
(d) Significant natural areas as shown on the County
Biological Survey
(e) Woodlands
(f) Wetlands and floodplain
(g) Historic, archaeological and cultural features
(h) Steep slopes
(i) Shore and bluff impact zones
(2) Additional Information. The developer or property owner shall supply the following
information:
(a) Certified acres
(b) Most recent Farm Service Agency air photos showing the tract number, wetlands, highly
erodible areas, etc.
(c) Indicate the location of natural drainage ways, County and private ditches and tile
drainage systems
(d) Forms 578 and 156EZ; or successor forms, which can be obtained from the Farm Service
Agency
(e) Other information necessary to ensure compliance the County Comprehensive Plan or the
conservation goals identified in Section 7.5.4 (A) of this Ordinance.
C. Third Step, Identify Building Locations. The third step requires locating potential home
sites that avoid the designated conservation areas and, to the extent practicable, the secondary
conservation areas. All buildings and building envelopes shall be located so as to meet the goals
contained in Section 7.32 of this Ordinance.
D. Fourth Step, Identify Street, Infrastructure Locations. After the home sites are
designated, the developer or property owner shall identify the location of streets, trails,
stormwater facilities, wastewater facilities and other infrastructure associated with the
development. The street and infrastructure locations shall protect priority resources consistent
with the agricultural conservation design goals.
E. Fifth Step, Draw Lot Lines. Based upon the home site and street locations, the lot lines
may be drawn. Lots shall meet standards for the base zoning district and overlay districts.
7.5.5 Conventional Subdivision Review.
Conventional subdivisions including standard plats or administrative subdivisions are conditional
uses within Agricultural Conservation Design Overlay areas. A conditional use permit shall not
be required for non-building subdivisions. The Planning Commission shall include the following
criteria in their review of conventional subdivision applications:
A. The degree to which the conventional subdivision meets the agricultural conservation
standards of this Ordinance.
B. The degree to which the conventional subdivision supports the goals and policies of the
Stearns County Comprehensive Plan.
C. The degree to which the conventional subdivision maintains the rural character of the
area as compared to a conservation design subdivision.
D. The degree to which the conventional subdivision, under the strict application of building
siting standards in Section 7.32 of this Ordinance, will still protect agricultural resources and
practices and use the land as efficiently as a conservation design development.
E. No density bonus is allowed for a conventional subdivision
7.5.6 Conservation Design Development Consideration Process
A. A conservation design development shall be considered in the same manner as a
subdivision plat.
B. A preliminary subdivision plat shall be filed and processed in accordance with the
procedures for processing a subdivision plat established in Stearns County Subdivision
Ordinance Number 230; or successor ordinance.
C. The approved preliminary plat shall be the site plan for the conservation design
development whenever there is modification or variation from the standards of the primary
zoning district or any applicable overlay district.
D. Any request for a change to a site plan for a conservation design development shall be
administered in the same manner as to that required for a new conservation design development.
E. Modifications to a conservation design development shall be considered
in the same manner as for approval pursuant to Section 7.5.6 A of
this Ordinance.
7.5.7 Required Conservation Areas
A minimum of eighty (80) percent of the total acreage included in the subdivision application
shall be designated protected conservation areas and shall meet the
following standards:
A. Protection must be Permanent. Protections on designated conservation areas must be
permanent. Permanent conservation easements held by a government agency or qualified non-
profit under Section 501(c)(3) of the Internal Revenue Code are considered to be permanent
protection. Deed restrictions or covenants are not considered to be permanent protection.
(1) Protection terms. The protection mechanism shall restrict future development and use of
the conservation area to those consistent with agricultural protection, open space purposes and
the conservation development goals identified in the preliminary plat.
(2) Allowed Uses on Protected Land. The conservation easement(s) must allow land uses
that are consistent with the goals of agricultural conservation and prohibit commercial,
residential, industrial or institutional uses that would conflict with agricultural conservation
design goals.
(3) Authorized Conservation Easement holders. A conservation easement must be held and
enforced by a qualified third party, a government agency or qualified non-profit organization
under Section 501(c)(3) of the Internal Revenue Code, who is not the owner of the parcel. The
conservation easement shall be held by an entity authorized to hold conservation easements
under Minnesota Statutes, chapter 84C; or successor statute, which includes federally-recognized
non-profit conservation organizations and units of government. The authorized entity may be
Stearns County.
(4) Board Approval. The Board shall approve:
(a) The granting of any easement to a qualified third party.
(b) All actions taken by a homeowners’ association regarding
the conservation area not authorized in the covenant or management plan.
(5) The conservation easement shall contain appropriate provisions for the proper assignment
of the conservation easement in the event that the conservation organization becomes unwilling
or unable to continue to monitor the property and enforce the terms of the easement.
7.5.8 Ownership of Conservation Areas
Conservation areas within agricultural or natural resource conservation design developments
shall be owned, administered and maintained by any of the following methods, either
individually or in combination, subject to approval by the Board:
A. Homeowner’s Association. The protected conservation areas and any associated
facilities may be held in common ownership by a homeowner’s association. The homeowner’s
association shall be formed and operated under the following provisions:
(1) The developer shall create a homeowner’s association, including its bylaws and methods
for maintaining the conservation area, before final plat approval.
(2) Membership in the homeowner’s association shall be mandatory for all purchasers of lots
within the development and all successors or assigns. The conditions and timing of transferring
control of the homeowner’s association from developer to lot owners shall
be identified.
(3) The homeowner’s association shall be responsible for maintenance of insurance and taxes
on the conservation area.
(4) The members of the homeowner’s association shall share equitably in the cost of
maintaining the conservation area. Shares shall be defined by the homeowner’s association
bylaws.
(5) Notification to the easement holder shall be required upon any transfer of title.
B. Third Party Ownership. The developer or homeowner’s association may transfer title for
any protected conservation area subject to the following:
(1) Notification to the easement holder of any shall be required upon transfer of title.
(2) The transfer of any title shall be to an entity that can use the conservation area land
consistent with the agricultural and conservation design goals and provisions of the permanent
restrictions.
(3) The transferor (developer, homeowner’s association, landowner) demonstrates to the
satisfaction of the Board that the third party entity has resources to maintain the land in a manner
consistent with the agricultural and conservation design goals and the provisions of the
conservation easement. Transfers to a third party for the express purpose of agricultural use is
consistent with the County’s agricultural protection goals.
7.5.9 Maintenance of Conservation Areas
The conservation design subdivision process shall include creation of a plan for maintenance of
the protected conservation areas. The maintenance plan shall meet the following standards:
A. Board Approval. The maintenance agreement shall be acceptable to
the Board.
B. Describe Conservation Areas. All lands included as protected conservation areas and all
improvements thereto shall be described and identified as to location, size, use, maintenance and
control on the preliminary plat.
C. Subdivision Agreement. The subdivision agreement shall identify the method and extent
of protection and all provisions of the conservation easement. The agreement shall also identify
all assessments or financial securities for ensuring ongoing maintenance and control of the
conservation areas.
D. Maintaining Conservation Areas. The fee-title owner shall be responsible for the
maintenance and control of conservation areas, except as directly stipulated and provided for in a
conservation easement held by a qualified third party.
E. Compliance. Failure to comply with the subdivision agreement shall constitute a
violation of this Ordinance.
7.5.10 Performance Standards for Conservation Design Developments.
Conservation design development shall meet the following standards.
A. General Standards
(1) Individual lots, buildings and streets shall be designed and located to minimize impact on
agricultural resources and practices and to maximize opportunities for agricultural protection.
(2) Diversity and originality in lot layout and individual building design shall be encouraged
to achieve the best possible relationship between development and the land.
(3) The subdivision design shall protect floodplains (as described in Section 10.1 of this
Ordinance), wetlands, steep slopes and shore and bluff impact zones (as defined in Section 10.2
of this Ordinance) from clearing, grading, filling and construction impacts.
(4) The design shall be consistent with the County’s agricultural protection goals and the
conservation goals as submitted with the preliminary plat. Agricultural conservation
subdivisions shall ensure a sufficient buffer to minimize conflicts between residential and
agricultural uses.
(5) If development is be located on open fields or pastures because of greater constrains in all
other parts of the site, dwellings shall be sited on the least agriculturally important land as
determined through use of the Land Evaluation Site Assessment System (LESA) or in locations
at the far edge of a field.
(6) The design should maintain or create an upland buffer of natural native species of at least
one hundred (100) feet in depth adjacent to lakes, wetlands, rivers and streams.
(7) The design shall avoid siting new construction on prominent hilltops or ridges.
(8) The design shall protect, to the maximum extent possible, rural roadside character
through retaining existing trees or native vegetation between housing and roads or designating
new landscaping as a buffer. In locating buildings, roadside character shall be a secondary goal
to protecting agricultural practices.
B. Residential Lot Standards
(1) The area, configuration and location of protected conservation areas shall, to the greatest
extent possible, be designed as a single block with logical and straightforward boundaries. Long,
thin strips and small blocks of open space shall be avoided.
(2) Yards abutting the boundaries of the entire conservation design development site shall
meet the minimum setback requirements for the primary zoning district or any applicable overlay
zoning district.
(3) The setback requirements for all property lines except for road right-of-way that are not
abutting the boundaries of the entire conservation design development may be reduced by fifty
(50) percent. Encroachments are not allowed within the setback area.
C. Protected Conservation Area Standards
(1) The minimum size of the protected conservation area shall be eighty (80) percent of the
total lot area of the conservation design development, except where the township conservation
design standards require a larger conservation area.
(2) The conservation area land shall be surveyed.
(3) Protected conservation areas shall, to the maximum extent possible, connect to, and be
contiguous with, protected conservation areas on adjacent sites and buffer residential uses from
adjacent agricultural practices. If practicable, the conservation area shall also connect to areas on
adjacent sites with LESA scores over sixty-five (65).
(4) The required protected conservation area shall be undivided and permanently restricted
from further development by means of a permanent conservation easement. Infrastructure that is
consistent with specific conservation goals, such as agricultural facilities other than feedlots, may
be allowed.
(5) Road rights of way and land under the ordinary high water level may not be counted
towards the required minimum protected conservation area.
(6) No more than fifty (50) percent of the protected conservation area may consist of
wetlands or slopes greater than twenty-five (25) percent.
(7) The conservation easement shall be recorded in the Office of the
County Recorder.
D. Street Standards. The right-of-way width for each road shall be wide enough to provide
for all public services, including roadway drainage, trails walkways, utilities and snow storage.
E. Subsurface Sewage Treatment and Drinking Water Systems. Community subsurface
sewage treatment systems and/or community drinking water systems may be required where soil
types and other environmental sensitivities, such as shallow bedrock formations and
susceptibility to nitrate nitrogen contamination, are such that additional measures may be
necessary to protect the public health, safety and welfare.
(1) In agricultural conservation design developments, individual or community subsurface
sewage treatment systems shall not be placed within the protected conservation area, unless the
systems are located in buffer areas, pastures or other areas consistent with the agricultural goals
of the conservation design development.
(2) A subordinate service district, a customer owned utility or other entity acceptable to the
Board shall be responsible for the management of any community wastewater systems and any
community drinking water supply system.
7.6 Conservation Design Overlay, Natural Resources
7.6.1 Purpose
The purpose of the Natural Resources Conservation Design Overlay is to encourage residential
development that conserves the environmental resources of Stearns County. Townships identify
overlay areas with specific natural resource value, within which development is allowed only by
locating dwelling units on non-standard lots and preserving portions of the development site that
have conservation value. Conservation design enhances land development and resource
conservation opportunities, meeting the following objectives and goals of the Stearns County
Comprehensive Plan:
Implementation Plan, Action Item #4, Conservation Design Options.
One of the common themes that emerged during the planning process was the desire of many
township officials and landowners to have some additional flexibility in siting residential
dwellings on land that is less suitable for farming. There was also a strong desire to limit the
creation of twenty (20)- and forty (40)-acre single-family lots, which take excessive amounts of
land out of agriculture, forestry or resource conservation. The concept of a conservation overlay
option in the A-40 zoning district was developed to address these concerns.
Implementation Plan Action Item #5, Conservation Design in the Avon Hills Land Use District.
Conservation design has already been identified as a preferred strategy for the Avon Hills area,
however, the distinctive topography, forest cover and concentration of natural resources in this
area suggests a somewhat different approach; one that considers natural resources first in any
planning process.
Avon Hills Natural Resource Area Policy Area Policy 1:
Encourage open space protection through techniques such as conservation easements, parkland
acquisition and limited residential development emphasizing conservation design.
Avon Hills Natural Resource Area Policy Area Policy 3:
Continue to work with area residents and townships, including those townships adjacent to the
policy area, to develop appropriate strategies for resource protection in each township.
Implementation Plan, Action Item #8. Consider Transitions from
Large-Lot Zoning.
The conservation design options discussed in this section would allow similar or higher densities
to those allowed by the R-20 and T-20 districts. The County will consider replacing these
districts with a variety of conservation design options (i.e., the A-40 or Avon Hills options
above) or with other zoning districts that will better protect agricultural and natural resources.
7.6.2 Applicability
Conservation design is the preferred and permitted subdivision standard within natural resource
conservation design overlay areas, and is a preferred standard in residential districts outside
overlay areas. Within conservation design overlay areas, conventional subdivisions require a
conditional use permit.
A. Design. Natural resources conservation design shall be allowed in all zoning districts
eligible for the Natural Resource Conservation Design Overlay, as described in Section 10.3 of
this Ordinance.
7.6.3 Density Standards
The following standards apply to subdivisions within a designated natural resource conservation
design overlay.
A. Minimum Size. The minimum natural resource conservation design development shall
be sixty (60) acres in non-residential zoning districts and in residential zoning districts shall be
two (2) single family residential dwelling sites, exclusive of density bonuses or transfers.
B. Density Transfer. The number of residential dwelling unit sites that can be transferred
within a proposed subdivision site in order to develop a conservation design development shall
be consistent with the residential density limitations of the underlying primary zoning district,
except as
allowed in Section 7.6.3C of this Ordinance.
C. Density Bonus. As an incentive to encourage conservation design development, the
number of residential divisions allowed may be increased as follows, provided the proposed
development meets the standards contained in Sections 7.6 and 7.32 of this Ordinance.
(1) Conservation Design Bonus. In all the Agricultural 40 zoning district where the Natural
Resource Conservation Design Overlay is applied, a one hundred (100) percent increase in
residential density is allowed by multiplying the eligible residential dwelling sites, as determined
by Section 9 of this Ordinance including the fraction, by two (2). In the Transitional 20 and
Residential zoning districts, where allowed density is already equal to or greater than a gross
density of two (2) units per quarter-quarter section, no additional density may be awarded, except
through participation in the County’s Transfer of Development Rights program, as provided for
in this Section.
(a) Fractions of less than one half (½) shall be reduced to the nearest whole number and
fractions of one half (½) or greater shall be increased to the nearest whole number.
(b) Bonus development rights shall be used within the conservation design overlay in which
the bonus was granted and shall not be transferred to a parcel outside the overlay.
(2) Participation in TDR. In agricultural and transitional zoning districts, up to two (2)
additional dwelling units per forty (40) acres may be transferred into a proposed subdivision site,
if the dwelling unit rights are acquired via the Natural Resource Transfer of Development Rights
program and meet all the approvals and standards for such transfers as required in Section 11 of
this Ordinance. In residential zoning districts, the gross site density can be increased up to fifty
(50) percent greater than the maximum base district density through transfers acquired in the
Natural Resource Transfer of Development Rights program.
D. Density limited by site conditions. In no event shall the County allow bonus dwelling
units or density transfers into a natural resource conservation design subdivision if the
transferred eligible dwelling units:
(1) Cannot be sited consistent with the building siting requirements or minimum lot size of
the underlying primary zoning district or Section 7.32 of this Ordinance; or
(2) Undermine the township’s natural resource overlay plan, as described in Section 10.3 of
this Ordinance; or
(3) Undermine the natural resource protection goals of the Stearns County Comprehensive
Plan; or
(4) Result in the subdivision exceeding the approved yield plan for the subject subdivision as
described in Section 7.6.4 of this Ordinance.
7.6.4 Required Conservation Design Process
To meet conservation design goals, the following process shall be used to create a conservation
design subdivision. The preliminary plat must be based upon the following process, unless a
conditional use permit authorizes a conventional subdivision. See Appendix E of this Ordinance
for an illustration of this process.
A. First Step, Develop Yield Plan. In order to determine the total potential density of the
subdivision, a yield plan must be created and approved by the Board. The yield plan must be
consistent with the Township’s conservation overlay plan and shall be used to develop the
preliminary plat, as described in Ordinance Number 230, or successor ordinance. The yield plan
shall be developed in the following manner:
(1) Identify Natural Resource Conservation Design Goals. The applicant must identify
specific natural resource conservation goals for the subdivision and provide a general description
of conservation areas on the proposed site. Conservation areas must include land on the County
Biological Survey or the Areas of Biological Significance Map, shore and bluff impact zones,
wetlands, floodplains, all characteristics required by the Township’s conservation overlay plan
and must, to the greatest extent possible, be contiguous with protected resources adjacent to the
site. Other goals can include, but are not limited to, protection of woodlands, specific plant or
animal habitat or communities, shoreland areas, wetland buffers, steep slopes and high quality
viewsheds.
(2) Designate Conservation Areas. Based on the conservation areas identified in the first
step, the second step in developing a yield plan is to identify primary and secondary resources
and designate protected conservation areas. The primary and secondary resources and
conservation areas must be consistent with the County’s and
the Township’s natural resource protection goals, including
the following:
(a) Primary conservation areas must include land on the County Biological Survey or the
Areas of Biological Significance Map, wetlands, floodplains, shore and bluff impact zones and
all priority natural resources identified in the Township’s natural resource overlay plan
(b) Primary conservation areas must include connections to open space located on adjacent
sites.
(c) The applicant may designate other possible resources as primary or secondary
conservation areas including mature woodlands, restoration areas, plant or animal communities
or habitat and greenway corridors. Agricultural resources may be designated for protection,
including tillable farmland, pasture lands, wind energy resource areas and rural viewsheds.
(d) Use of Conservation Area Designation. All primary and secondary resources do not have
to be included within the protected conservation area, but shall be a limitation on the density
approved in the yield plan and on home and building envelope placement as described in Section
7.32 of
this Ordinance.
(3) Yield Plan Components. The yield plan shall identify:
(a) The total number of housing units sought by the applicant, not to exceed a gross density
of four units per forty acres. The applicant must separately identify the number of units being
transferred via the Transfer of Development Rights program and whether development rights
have been contractually secured or are being sought;
(b) A listing of the primary and secondary resources for conservation;
(c) A map showing all areas within the proposed development that lie outside the
conservation areas and are at least one (1) acre in size.
B. Second Step, Map Conservation Areas. After creating the yield plan, the applicant shall
map all primary and secondary conservation areas for the property in question and properties
within one-half (1/2) mile.
(1) In order to facilitate mapping of conservation areas, the Department shall supply maps
showing the following resources:
(a) Soil types, including tillable farmland and areas with a LESA score greater than sixty-
five (65)
(b) Significant natural areas as shown on the County Biological Survey
(c) Woodlands
(d) Wetlands and floodplain
(e) Historic, archaeological and cultural features
(f) Steep slopes
(g) Shore and bluff impact zones
(h) Protected natural areas on sites adjacent to the proposed development site.
(i) Greenways or natural resource corridors designated by the County or the Department of
Natural Resources.
(2) Additional Information. The developer or property owner shall supply the following
information:
(a) Certified acres
(b) Most recent Farm Service Agency air photos showing the tract number, wetlands, highly
erodible areas, etc.
(c) Indicate the location of natural drainage ways, County and private ditches and tile
drainage systems
(d) Forms 578 and 156EZ; or successor forms, which can be obtained from the Farm Service
Agency
(e) Other information necessary to ensure compliance with the township Natural Resource
Overlay Plan, the County Comprehensive Plan or the conservation goals identified in Section
7.6.10 (A) of this Ordinance.
C. Third Step, Identify Building Locations. The third step requires locating potential home
sites that avoid the designated primary conservation areas and, to the extent practicable, the
secondary conservation areas. All buildings and building envelopes shall be located so as to
meet the goals contained in Section 7.32 of this Ordinance.
D. Fourth Step, Identify Street, Infrastructure Locations. After the home sites are
designated, the developer or property owner shall identify the location of streets, trails,
stormwater facilities, wastewater treatment and other infrastructure associated with the
development. The street and infrastructure locations shall protect priority natural resources
consistent with the township’s and subdivision’s conservation goals.
E. Fifth Step, Draw Lot Lines. Based upon the home site and street locations, the lot lines
may be drawn. Lots shall meet standards for the base zoning district and overlay districts.
Flexibility on base zoning district lot size can be granted for the purpose of meeting natural
resource conservation goals, provided that setback and septic standards can still be met.
F. Submit with Preliminary Plat. The Applicant shall submit the yield plan, map of primary
and secondary conservation areas, locations of buildings and building envelopes and the
protected conservation area to the Planning Commission as part of the preliminary plat, to be
considered as described in Section 10.3 of this Ordinance and Ordinance 230; or successor
ordinance.
7.6.5 Conventional Subdivision Review
Conventional subdivision, including a standard plat or administrative subdivision, is a
conditional use within Conservation Design Overlay areas. A conditional use permit shall not be
required for non-building subdivisions, attachments, boundary line corrections, or septic system
subdivisions as defined in Stearns County Subdivision Ordinance 230; or successor ordinance.
The Planning Commission shall include the following criteria in their review of conventional
subdivision applications:
A. The degree to which the conventional subdivision meets the natural resource
conservation standards of this Ordinance and the township natural resource overlay plan.
B. The degree to which the conventional subdivision supports the goals and policies of the
Stearns County Comprehensive Plan.
C. The degree to which the conventional subdivision maintains the rural character of the
area as compared to a conservation design subdivision.
D. The degree to which the conventional subdivision, under the strict application of building
siting standards in Section 7.32 of this Ordinance, will still protect the priority natural resource
amenities and use the land as efficiently as a conservation design development. For instance, in
a natural resource conservation design overlay, the applicant for conventional development must
demonstrate that the conventional subdivision, which does not have a requirement for
permanently protected natural resources, still results in an efficient use of land for natural
resource conservation purposes, relative to what would occur under conservation design
development in which a minimum of eighty (80) percent of the land will be permanently
protected.
E. No density bonus is allowed for a conventional subdivision.
7.6.6 Conservation Design Development Consideration Process
A. The conventional subdivision shall meet the natural resource conservation standards of
this Ordinance and the township natural resource overlay plan.
B. A preliminary subdivision plat shall be filed and processed in accordance with the
procedures for processing a subdivision plat established in Stearns County Subdivision
Ordinance Number 230; or successor ordinance.
C. The approved preliminary plat shall be the site plan for the conservation design
development whenever there is modification or variation from the standards of the primary
zoning district or any applicable overlay district.
D. Any request for a change to a site plan for a conservation design development shall be
administered in the same manner as to that required for a new conservation design development.
E. Modifications to a conservation design development shall be considered in the same
manner as for approval pursuant to Section 7.6.7 A of
this Ordinance.
7.6.7 Required Conservation Areas
A minimum of eighty (80) percent of the total acreage included in the subdivision application
must be designated protected conservation areas and must meet the following standards:
A. Protection must be Permanent. Protections on designated conservation areas must be
permanent. Conservation easements are considered to be permanent protection. Deed
restrictions or covenants are not considered to be permanent protection.
(1) Protection terms. The protection mechanism shall restrict future development and use of
the conservation area to those consistent with the open space uses and natural resource
conservation development goals identified in the preliminary plat and the township natural
resource overlay plan.
(2) Allowed Uses on Protected Land. The conservation easement(s) on protected
conservation areas must allow land uses that are consistent with open space uses and natural
resource conservation and must not allow uses that would conflict with the natural resource
conservation design goals.
(3) Authorized Conservation Easement holders. A conservation easement must be held and
enforced by a third party, a government agency or qualified non-profit organization under
Section 501(c)(3) of the Internal Revenue Code, who is not the owner of the parcel. The
conservation easement shall be held by an entity authorized to hold conservation easements
under Minnesota Statutes chapter 84C; or successor statute, which includes federally-recognized
non-profit conservation organizations and units of government. The authorized entity may be
Stearns County.
(4) Board Approval. The Board shall approve:
(a) The granting of any easement to a qualified third party.
(b) All actions taken by a homeowners’ association regarding
the conservation area not authorized in the covenant or management plan.
(5) The conservation easement shall contain appropriate provisions for the proper assignment
of the easement in the event that the conservation organization becomes unwilling or unable to
continue carrying out its functions.
7.6.8 Ownership of Conservation Areas
Conservation areas within natural resource conservation design development shall be owned,
administered and maintained by any of the following methods, either individually or in
combination, subject to approval by the Board:
A. Homeowner’s Association. The protected conservation areas and any associated
facilities may be held in common ownership by a homeowner’s association. The homeowner’s
association shall be formed and operated under the following provisions:
(1) The developer shall create a homeowner’s association, including its bylaws and methods
for maintaining the conservation area before final plat approval.
(2) Membership in the homeowner’s association shall be mandatory for all purchasers of lots
within the development and all successors or assigns. The conditions and timing of transferring
control of the homeowner’s association from developer to lot owners shall be identified.
(3) The homeowner’s association shall be responsible for maintenance of insurance and taxes
on the conservation area.
(4) The members of the homeowner’s association shall share equitably in the cost of
maintaining the conservation area. Shares shall be defined by the homeowner’s association
bylaws.
(5) Notification to the easement holder shall be required upon any transfer of title.
B. Third Party Ownership. The developer or homeowner’s association may transfer title for
any protected conservation area subject to the following:
(1) Notification to easement holder shall be required upon any transfer of title.
(2) The transfer of any title shall be to an entity that can use the conservation area land
consistent with the natural resource conservation design goals and provisions of the permanent
restrictions.
(3) The transferor (developer, homeowner’s association, landowner) demonstrates to the
satisfaction of the Board that the third party entity has resources to maintain the land in a manner
consistent with the conservation design theme and the provisions of the conservation easement.
Conservation subdivisions that have an agricultural conservation goal can be transferred to a
third party for the express purpose of agricultural use.
7.6.9 Maintenance of Conservation Areas
The conservation design subdivision process shall include creation of a plan for maintenance of
the protected conservation areas. The maintenance plan shall meet the following standards:
A. Board Approval. The maintenance agreement shall be acceptable to the Board.
B. Describe Conservation Areas. All lands included as protected conservation areas and all
improvements thereto shall be described and identified as to location, size, use, maintenance and
control on the preliminary plat.
C. Subdivision Agreement. The developer shall enter into a subdivision agreement that
identifies the method and extent of protection and all provisions of the easement, deed
restriction, or other protection vehicle. The agreement shall also identify all assessments or
financial securities for ensuring ongoing maintenance and control of the conservation areas.
D. Maintaining Conservation Areas. The fee-title owner shall be responsible for the
maintenance and control of conservation areas, except as directly stipulated and provided for in a
conservation easement held by a qualified third party.
E. Compliance. Failure to comply with the subdivision agreement easement shall constitute
a violation of this Ordinance.
7.6.10 Performance Standards for Natural Resource Conservation Design Developments
Natural resource conservation design development shall meet the following standards.
A. General Standards
(1) Individual lots, buildings and streets shall be designed and located to minimize impact on
the protected natural resources or systems and to maximize opportunities for uses consistent with
the natural resource priorities of the township’s overlay plan.
(2) Diversity and originality in lot layout and individual building design shall be encouraged
to achieve the best possible relationship between development and the land.
(3) The subdivision design shall protect floodplains, wetlands, steep slopes and shore and
bluff impact zones from clearing, grading, filling and construction impacts.
(4) The design shall be consistent with the designated conservation goals as submitted with
the preliminary plat.
(5) The design should maintain or create an upland buffer of natural native species of at least
one hundred (100) feet in depth adjacent to lakes, wetlands, rivers and streams.
(6) The design shall avoid siting new construction on prominent hilltops or ridges.
(7) The design shall protect, to the maximum extent possible, rural roadside character
through retaining existing trees or native vegetation between housing and roads, setting back
development from roads or designating new landscaping as a buffer.
B. Residential Lot Standards
(1) The area, configuration and location of protected conservation areas shall, to the greatest
extent possible, be designed as a single block with logical and straightforward boundaries. Long,
thin strips and small blocks of open space shall be avoided.
(2) Yards abutting the boundaries of the entire conservation design development site shall
meet the minimum setback requirements for the primary zoning district or any applicable overlay
zoning district. Protected conservation areas shall, to the maximum extent possible, connect to,
and be contiguous with, conservation areas on adjacent sites. The conservation area shall
connect to high priority natural resource sites on adjacent sites, as defined by the township’s
natural resource conservation plan.
(3) The setback requirements for all property lines, except for road rights-of-way that are not
abutting the boundaries of the entire conservation design development, may be reduced by fifty
(50) percent. Encroachments are not allowed within the setback area.
C. Protected Conservation Area Standards
(1) The minimum size of the protected conservation area shall be eighty (80) percent of the
total lot area of the conservation design development, except where the township conservation
design standards require a larger conservation area.
(2) The conservation area land shall be surveyed.
(3) The required protected conservation area shall be undivided and permanently restricted
from further development by means of a permanent conservation easement. Infrastructure that is
consistent with specific conservation goals, such as agricultural facilities other than feedlots, may
be allowed.
(4) Road rights of way and land under the ordinary high water level may not be counted
towards the required minimum protected conservation area.
(5) No more than fifty (50) percent of the protected conservation area may consist of
wetlands or slopes greater than twenty-five (25) percent.
(6) The conservation easement shall be recorded in the Office of the
County Recorder.
D. Street Standards. The right of-way-width for each road shall be wide enough to provide
for all public services, including roadway drainage, trails, walkways, utilities and snow storage.
E. Subsurface Sewage Treatment and Drinking Water Systems. Community subsurface
sewage treatment systems and/or community drinking water systems may be required where soil
types and other environmental sensitivities, such as shallow bedrock formations and
susceptibility to nitrate nitrogen contamination, are such that additional measures may be
necessary to protect the public health, safety and welfare.
(1) Subsurface sewage treatment systems, either community or individual systems and
community drinking water supply systems may be placed within the protected conservation area,
provided that the systems can be placed within conservation areas consistent with the natural
resource goals of the conservation design development.
(2) A subordinate service district, a customer owned utility or other entity acceptable to the
Board shall be responsible for the management of any community wastewater systems and any
community drinking water supply system.
7.7 County Biological Survey Native Plant Communities
7.7.1 Purpose
Native plant communities have been identified in Stearns County by the Minnesota Department
of Natural Resources. These plant communities are important to biological diversity in
Minnesota and should be protected when feasible.
7.7.2 Development Standards
All parcels where a native plant community is identified in the Department of Natural Resources’
map, published in 1999 and titled Native Plant Communities and Rare Species of Stearns
County, Minnesota, which is attached to this Ordinance as Appendix C, shall be subject to the
following development standards:
A. All nonagricultural use of land and all placement of structures shall avoid encroaching
upon or disturbing such native plant communities.
B. The Minnesota Department of Natural Resources shall delineate the location of the native
plant community prior to issuance of land use and building permits.
C. All clearing of vegetation in the delineated area, except for safety purposes, farmland,
driveways and mining, is prohibited. Clearing of vegetation for the purpose of enhancing or
maintaining the biodiversity of the area is permitted provided that a plan has been submitted to
and approved by the Department.
D. The removal of non-native invasive species such as European Buckthorn or Purple
Loosestrife or noxious species such as Poison Ivy or Prickly Ash is permitted.
E. The presence of and protection of native plant communities as required by this Section
shall not result in the loss of any numerical building rights as determined by this Ordinance.
F. Placement of buildings must follow the siting standards of Section 7.32.2 of this
Ordinance.
Subd. 6. Drinking Water Supply Management Areas
(1) Purpose. Drinking Water Supply Management Areas (DWSMAs) are as defined
by the Minnesota Department of Health as are areas that should be managed for
the protection of public drinking water supplies. These standards limit or control
land uses within DWSMAs for the protection of public drinking water supplies.
(2) Development Standards. Any proposed use or structure within a DWSMA, as
designated on the Stearns County Drinking Water Supply Management Areas
map, shall comply with the DWSMA Plan adopted by the relevant public water
supplier and shall comply with the following standards. For the St. Cloud
DWSMA, only priority area A is subject to these standards:
(a) The DepartmentZoning Administrator shall review all land use permit and
subdivision applications within DWSMAs for potential impact on drinking
water supplies.
(b) The DepartmentZoning Administrator shall review the DWSMA Plan for
the relevant public water supplier and upon review may impose conditions
on any land use permit or subdivision within a DWSMA to prevent
negative impacts on drinking water supplies. Conditions may include, but
are not limited to:
i. Prohibiting or limiting allowed uses
ii. Limiting location or technology of subsurface sewage treatment
systems
iii. Limiting the land application or storage of manure
iv. Limiting the storage or use of chemicals and other materials
v. Requiring specific stormwater management practices to prevent
drinking water contamination
vi. Limiting location or technology of individual drinking water wells
vii. Limiting the movement, excavation and removal of soil and
underground materials
viii. Limiting excavation
(c) Within seven (7) days of receipt of a completed land use application for all
uses except for single family residential dwelling units, residential
accessory structures and agricultural accessory structures, the
CountyZoning Administrator shall forward a copy of the application to the
drinking water supplier in whose DWSMA the applicant parcel lies and a
copy to the Stearns County Soil and Water Conservation District (SWCD).
The supplier and SWCD shall review the application for compliance with
DWSMA protection policies and provide comments to the CountyZoning
Administrator within fourteen (14) days of receipt of the copy from the
CountyZoning Administrator. If no comments are received within the
timeframe described above, the CountyJoint Planning Board shall assume
the supplier or SWCD has no objections to the application based on
DWSMA protection.
Subd. 7. Encroachments. The following shall be permitted encroachments into setback
requirements:
(1) Flues, roof overhangs, awnings, bay windows and chimneys up to two (2) feet in
width;
(2) Steps, sidewalks, stoops and exposed wheelchair ramps up to four (4) feet in
width; and
(3) Recreational playground equipment for private use.
Subd. 8. Erosion and Sediment Control Standards. The purpose of this
Sectionsubdivision is to prevent or reduce, to the most practicable extent, erosion and
sedimentation and their associated effects and to provide for the protection of public waters as
well as natural and artificial water storage and retention areas within the CountyOAA. An
erosion and sediment control plan shall be submitted to and approved by the Department prior to
construction of a new plat or a commercial or industrial facility, or when the Department
determines an erosion and sediment control plan is necessary due to potential impacts of
construction on the property or surrounding properties.
(1) General Standards. Proper erosion and sediment control practices shall be
followed within the CountyOAA as described in this Section. All land disturbing
activities, whether or not a permit is required, shall be subject to the following
performance standards:
(a) No land owner, operator, contractor or applicant shall cause or conduct
any land disturbing activity which causes erosion or sedimentation,
damages water or soil resources or creates off-site impacts.
(b) All development shall conform to the natural limitations presented by the
topography and soil types in order to minimize soil erosion and
sedimentation.
(c) Land disturbing activities shall only occur in increments of workable size
such that adequate erosion and sediment controls can be provided
throughout all phases of a development. The smallest practical area of
land shall be exposed or otherwise disturbed at any one period of time.
(d) Every applicant for a construction site permit, interim use permit,
provisional use permit, alteration permit, conditional use permit or
subdivision approval shall, at a minimum, adhere to erosion control
measure standards and specifications contained in the MPCA publication
“Protecting Water Quality in Urban Areas”; or successor publication.
(2) Specific Standards.
(a) No land disturbing activity shall result in active gully erosion or create
negative off-site impacts.
(b) No land disturbing activity shall result in an increase in channel erosion in
any watercourse, whether permanent or intermittent, at any time during or
following development.
(c) No land disturbing activity shall result in the creation of unstable slopes
which persist after the completion of the development.
(d) Permanent or temporary soil stabilization shall be applied to disturbed
areas (areas where vegetation has been removed or where cuts have been
made), as soon as possible, but not to exceed fourteen (14) days after a
substantial portion of rough grading has been conducted unless an
extension is granted by the DirectorZoning Administrator. Soil
stabilization measures shall be selected to be appropriate for the time of
year, site conditions and estimated duration of use.
(e) An erosion and sediment control plan, when required by the
DepartmentZoning Administrator shall include the following:
i. Location map. An 11”x17” map locating the site in relation to the
surrounding area.
ii. Indicate north. Show the direction of north in relation to the site.
iii. Scale. Indicate scale in relation to the actual size of the site,
usually in feet per inch.
iv. Benchmark. Show the established elevation affixed to a permanent
object which can be used to check grade.
v. Plan preparer. Indicate the name and phone number of the
individual or agency responsible for preparation of the plan.
vi. Contact person. Give the name and phone number of the
individual responsible for plan implementation.
vii. Existing contours. Show existing two (2) foot contours of the site
extending at least two hundred (200) feet beyond the property
boundaries.
viii. Final contours. Show all proposed changes to the existing
contours due to land disturbance.
ix. Existing vegetation. Indicate existing woods, tree lines, cultivated
areas, grass/hay fields, CRP, wetlands and other vegetative types.
x. Utilities. Show the locations of storm sewer, sanitary sewer, water
supply, electrical and other utilities in the area of the proposed
development.
xi. Location of BMP. Indicate the location of erosion and sediment
control best management practices proposed for the site.
xii. Implementation schedule. Outline the proposed order of land
clearing, road installation and other aspects of construction.
xiii. Critical erosion areas. Identify areas susceptible to erosion during
and after construction. Critical erosion areas are areas which are
prone to accelerated erosion, areas which have slopes of twelve
(12) percent or greater, areas of long, continuous slopes or areas
which contain erosive soils.
xiv. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities.
xv. Sediment pond. Show the location of any temporary pond to be
used to collect sediment during construction.
xvi. Adjacent areas. Describe neighboring areas which could be
affected by land disturbance.
xvii. Temporary erosion control plan. Indicate how erosion on the site
will be temporarily controlled until permanent erosion control can
be implemented (seeding and mulching rates, sod installation, etc.)
(f) Soil stockpiles shall be stabilized or protected with sediment trapping
measures to prevent soil loss.
(g) A permanent vegetative cover shall be established on disturbed areas not
otherwise permanently stabilized.
(h) Properties adjacent to the site of a land disturbance shall be protected from
sediment deposition.
(i) Sediment basins and traps, perimeter dikes (for diversion), sediment
barriers (silt fences) and other measures intended to trap sediment on-site
shall be constructed prior to or concurrent with any grading and shall be
functional before upslope land disturbance takes place. Earthen structures
such as dams, dikes and diversions shall be seeded and mulched within
fourteen (14) days of installation.
(j) Storm water runoff from drainage areas with more than ten (10) acres of
disturbed area must pass through a temporary sediment trapping basin or
other suitable sediment trapping facility.
(k) Cut and fill slopes shall be designed and constructed in a manner which
will minimize erosion. Slopes which will not be vegetated within one (1)
year of construction shall be provided with additional slope stabilizing
measures until the problem is corrected. Slopes that are found to be
eroding excessively shall immediately be provided with additional slope
stabilizing measures until the problem is corrected.
(l) Properties and waterways downstream from development sites shall be
protected from erosion due to increases in the volume, velocity and peak
flow rate of storm water runoff.
(m) All on-site storm water conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a ten (10) year
frequency storm without eroding.
(n) Rip-rap shall be placed at culvert outfalls in accordance with applicable
MnDOT standard specifications.
(o) All storm sewer inlets which are made operable during construction shall
be protected so that sediment laden water will not enter the conveyance
system without first being filtered or otherwise treated to remove
sediment.
(p) Construction vehicles and other equipment shall be kept out of
watercourses to the maximum extent possible.
(q) Wherever construction vehicle access routes intersect paved public roads,
provisions, such as rock construction entrances, shall be made to minimize
the transport of sediment by runoff or vehicle tracking onto the paved
surfaces.
(r) All temporary erosion and sediment control measures shall be properly
disposed of within thirty (30) days after final site stabilization is achieved
or after the temporary measures are no longer needed, unless otherwise
authorized by the DepartmentZoning Administrator.
(s) All temporary and permanent erosion and sediment control practices shall
be maintained and repaired as needed to assure continued performance of
their intended functions.
Subd. 9. Essential Services, Transmission Services and Utility Substations
(1) Provisions. Essential services are permitted by conditional use permituses in all
zoning districtsthe OAA subject to all State and Federal rules and regulations and
may be installed subject to the following construction standards:
(a) When an underground essential service crosses a County road, the service
shall be installed by boring horizontally unless the Stearns County Public
Works Director approves an alternative procedure. Additionally, when an
underground essential service crosses a Township road, the service shall
be installed by boring horizontally unless the Township Board of
Supervisors approves an alternative procedure.
(b) The owner shall file, with the Stearns County Public Works Director or
the Township Board of Supervisors of any affected Township road, as
built drawings of the essential service facility as it traverses any County or
Township road.
(c) If an open ditch is traversed, the owner shall lay its essential service
facility below the original bottom of the drainage ditch as designed, and
the method of construction shall not impede the normal flow of water.
(d) All tile lines or other drainage systems which are cut or disturbed during
construction of any essential service shall be restored and repaired to the
previous and operable condition without cost to the landowner, Township
or County.
(2) Maintenance. Required maintenance of any essential service facility, when such
maintenance does not substantially change the location of the existing facility,
shall be exempt from the standards contained in Section 7.11 of this
Ordinancethis subsection.
(3) Extension of Services. Ordinary service extension that provides service to only
one parcel of land shall be exempt from the standards contained in Section 7.11 of
this Ordinancethis subsection.
(4) Substations. Water and sewage pumps and lift stations shall be permitted in all
zoning districtsthe OAA. Utility substations, including electric substations,
telephone switching and relay facilities shall be permitted in all zoning districtsthe
OAA, provided all setback requirements of the applicable zoning district are met.
(5) Substation Lot Area. The lot area for utility substations can be acquired by lease
provided, however, the lot shall be large enough so all structures or facilities
comply with the setbacks for the applicable zoning district.
(6) Transmission Services. The installation of new, realigned or extended
transmission services and pipelines for services being transferred from station to
station and not intended for enroute consumption may be allowed as a conditional
use in all zoning districtsthe OAA, subject to the following:
(a) The proposed use shall be subject to the procedures set forth in Section 4.8
of thisCity of St. Joseph Zoning Code Ordinance and the performance
standards contained in Section 7.11 of this Ordinancethis subsection.
(b) The applicant for such conditional use permit shall file with the
DepartmentZoning Administrator such maps and data necessary to
indicate the proposed alignment with the conditions of easement, type of
service proposed, depths and size of underground installation, pole
heights, location and type. The DirectorZoning Administrator may require
the submittal of additional information deemed necessary to evaluate the
proposed use.
Subd. 10. Fences. Fences may be installed and maintained in any yard along or adjacent
to a property line, in accordance with the requirements contained in this section.
(1) Fence Construction.
(a) No fence shall be constructed in any public right-of-way. No fence in a
residential district shall exceed six (6) feet in height. Fences within the
required front yard shall not exceed four (4) feet in height.
(b) No fence shall impede the vision of the roadway from a driveway
providing access to the road.
(c) Fences in the Shoreland Overlay District shall also comply with the
requirements contained in Section 10.2.11 D of this OrdinanceCity of St.
Joseph Shoreland Overlay Ordinance.
(2) Enclosure of Outdoor Storage Areas. A fence used to enclose an outdoor storage
area shall meet the setback requirements for the principal structure in the district
in which it is located.
Subd. 11. Handicap Accessibility Code. When applicable, structures and/or facilities
shall meet the accessibility portion of the State Building Code, Minnesota Rules, chapter 1341;
or successor rules.
Subd. 12. Height Regulations. The following structures are exempt from the height
provisions set forth in other sections of this Ordinance:
(a) Church spires, belfries or domes that do not contain usable space.
(b) Flag poles.
(c) Grain elevators.
(d) Water towers.
(e) Chimneys or smokestacks.
(f) Wind Energy Conversion Systems and Meteorological Towers
(g) Rooftop mechanical or electrical equipment provided such equipment does not
occupy more than twenty-five (25) percent of the roof area.
(h) Monuments.
(i) Parapet walls extending no more than three (3) feet above the limiting height of
the building.
(j) Towers, poles or other structures for essential services.
(k) Television antennas not exceeding twenty (20) feet in height, when placed on top
of any principal structure.
Subd. 13. Lighting/Glare. In all districts, any lighting used to illuminate an off-street
parking area, sign or other structure shall be installed so as to deflect light away from any
adjoining property or from public streets. Direct or sky-reflected glare, whether from floodlights
or from high temperature processes such as combustion or welding, shall not be directed onto
any adjoining property. The source of lights shall be hooded or controlled in some manner so as
not to light adjacent property or create a traffic hazard.
Subd. 14. Lot Standards.
(1) Permeable Surfaces. The DepartmentZoning Administrator will give credit for up
to 100% of the area covered by a permeable surfacing system as pervious surface
if it is designed and inspected by a Minnesota-licensed professional engineer.
The system must be certified annually to the DepartmentZoning Administrator
that it is functioning as a pervious surface. Best management practices shall be
followed in design, installation, and maintenance as found in the Minnesota
Stormwater Manual and the Permeable Pavement Systems Department Policy,
including the following:
(a) The base of the installed permeable pavement system must have a
minimum of three feet separation from the seasonally saturated soils or
from the bedrock; and
(b) The design of a permeable pavement system must allow the infiltration of
one inch of stormwater on the pavement surface.
(2) Lot Size Reduction. No lot area shall be reduced such that the required setbacks
shall be smaller than prescribed in this Ordinance, nor shall the area or width of any lot be
reduced below the minimum requirement established in this Ordinance.
Subd. 15. Mining
(1) Required Permits.
(a) When permitted as an interim use in any applicable zoning district, Mining
Operations may be allowed as an interim use subject to the procedures set
forth in Section 4.18 of this Ordinance, City of St. Joseph Zoning Code
unless otherwise provided for in Section 7.17.1 B and C of this
Ordinancesubparagraphs (b) and (c).
(b) In lieu of an interim use permit, property owners outside of any shoreland
or floodplain overlay district may secure an administrative mining permit
from the DepartmentZoning Administrator, provided all the following
conditions are met:
i. A maximum of ten thousand (10,000) cubic yards of material shall
be removed from the Mining Operation;
ii. The Mining Operation will be commenced, completed and
rehabilitated within a twelve (12) month period;
iii. Only one (1) administrative mining permit may be issued in any
quarter-quarter section of land;
iv. All other requirements of Section 7.17 of this Ordinanceof this
subsection shall apply, unless otherwise determined by the Zoning
Administrator Department.
(c) Existing, pre-ordinance Mining Operations.
i. Existing, pre-ordinance Mining Operations are those Mining
Operations that are currently being used or those that have records
showing commercial use within the past five (5) years on a Lot of
Record.
ii. Owners of existing pre-ordinance Mining Operations shall register
with the Department by December 31, 2011 on forms provided by
the Department. Operators of existing pre-ordinance Mining
Operations may continue operation during the registration and
review process. The registration shall remain in effect andtht
predate this Ordinance and have registered with Stearns County
Environmental Services Department shall be allowed the to
continue in operation to continue as long as the operation remains
in compliance with the minimum standards of this Ordinance.
Owners of existing pre-ordinance Mining Operations whose
operations are not in compliance with Section 7.17.1 C of this
Ordinance are not eligible for registration and shall apply for an
interim use permit.
iii. The owner shall apply for an interim use permit and be subject to
the provisions of Section 4.18 of this Ordinance if it is determined
by the CountyJoint Planning Board that an existing, pre-ordinance
Mining Operation poses a potential or real environmental hazard or
otherwise has a potential or real negative impact on the health,
safety or welfare of the residents of the CountyOAA.
(2) Operations Regulated. Operations regulated by this Section shall be the mining of
granite and the mining, crushing, washing, refining or processing of sand, gravel,
rock, black dirt, peat, soil and other minerals, and the removal thereof from the
site. Operations not regulated by this SectionSubdivision shall include the
following:
(a) The removal of materials associated with the construction of a building or
subsurface sewage treatment system permitted by the Department;
(b) The removal of materials in accordance with the development of approved
plats, and the site preparation for utilities or highway construction;
(c) The construction, modification or expansion of Animal Feedlots and
Manure Storage Areas, Structures or Facilities authorized by the
Minnesota Pollution Control Agency or the Department;
(d) Sod harvesting or removal;
(e) Wildlife ponds constructed in accordance with Minnesota Rules, chapter
8420; or successor rules.
(3) Application requirements. The following information shall be provided by the
person requesting an interim use permit for a Mining Operation:
Part One: General Information
A. The name and address of the applicant.
B. The name and address of the owner of the land.
C. The address and legal description of the land involved in the application
D. The total area, in acres, of the land to be affected by the project. Include
areas for future expansions, stockpiling, processing, haul roads, settling
basins, berms, topsoil storage areas and parking areas
E. List other permits necessary for this project, indicate their status and
provide a copy for the Department.
Part Two: Pre-mining Conditions
A. Describe current land uses within one-half mile of the project area.
B. Indicate if the project area is located within one thousand (1,000) feet of
the shoreline of a lake or within three hundred (300) feet from the bank of
a watercourse or the landward extent of a floodplain designated by local
ordinance.
C. Indicate the observed or estimated groundwater elevation in the project
area and reference that depth to a permanent benchmark. An elevation
benchmark shall be established in an area not to be disturbed by the
Mining Operation.
D. The following maps of features within one hundred (100) feet of the site,
drawn at a scale of one (1) inch to one hundred (100) feet and one
reproducible 11”x17” copy, unless otherwise provided in this Section:
Map A – Existing Conditions
(1) Contour map in two (2) foot intervals.
(2) Existing vegetation.
(3) Wetlands and existing surface water drainage patterns.
(4) Existing structures.
(5) Existing wells.
Map B – Proposed Operation
(1) Future structures.
(2) Location of sites to be mined, including depth of proposed
excavation.
(3) Location of machinery to be used in the Mining Operation.
(4) Location of storage of mined materials, showing maximum height
of storage deposits.
(5) Location of vehicle parking, access roads and local routes to truck
routes.
(6) Location of storage areas for explosives.
(7) Erosion and sediment control structures.
(8) Cross-section sketch of the proposed Mining Operation.
(9) Location of the leak containment structure(s) for servicing trucks
and machines in the event of a petrochemical leak or spill.
Map C – End Use Plan
(1) Final grade of proposed site showing elevations and contour lines
at two (2) foot intervals.
(2) Location and species of vegetation to be replanted.
(3) Reclamation staging plan.
E. A soil erosion and sediment control plan.
F. A plan for dust and noise control.
G. A complete description of all phases of the proposed operation to include
an estimate of duration of the Mining Operation, location and approximate
acreage of each stage and time schedule for reclamation.
H. The highway, street or streets or other public ways in the CountyOAA
upon, and along which, any material is to be hauled or carried.
I. A security statement by the applicant demonstrating the proposed activity
will in no way jeopardize the public health, safety and welfare or is
appropriately fenced to provide adequate protection.
J. A statement by the applicant for compliance with all conditions of the
interim use permit.
K A written right-of-entry given to the Department to enter the land for the
purpose of determining compliance, at any time, with all applicable
conditions imposed on the operation.
Part Three: Mitigating Impacts
A. List the air, land and water resources that may be impacted by this project,
identify impacts and describe measures that will be taken to mitigate those
impacts, including, but not limited to noise, volatile organic compounds
(VOC), dust and particulate matter.
B. Describe measures that will be taken to screen the operation from view of
surrounding land uses or an explanation of why such measures are not
needed.
C. Describe erosion control practices that will be used during mining. If no
measures will be used, explain why none are needed.
D. If required by the Department, provide copies of any air, water or soil
monitoring conducted for any other local, state or federal agency.
Part Four: Description of Mining Activities Proposed Mining Methods
A. Describe the sand and gravel products that will be mined from the project
area.
B. Describe how the sand and gravel will be mined and what equipment will
be used.
C. Describe how the material will be transported from the site, the proposed
route of transport and the ultimate destination.
D. Describe the methods that will be used to retain topsoil.
E. Estimate the volume of material in cubic yards to be mined in the period
covered by this permit.
F. List the months, days and hours in which mining activities are expected to
occur.
G. Describe the methods used to control dust on haul roads.
H. Identify the number of employees expected to work at the site and the
facilities that will be provided.
I. Describe dewatering activities and estimate the volume of water to be
discharged from the site.
Proposed Processing Methods
A. Describe the processing methods that will be used at the site.
B. List the proposed hours of operation for the processing facilities.
C. Describe the volume of water needed for gravel washing activities and the
source of the water.
D. Describe how chemical substances will be stored on the site.
Part Five: Staging of Operations
A. Describe the projected life of the operation, including beginning and
ending of operations and any phases or stages.
B. Describe the progressive reclamation activities that will occur over the life
of the operation.
C. Describe the methods that will be used at the cessation of seasonal
operations to stabilize slopes from erosion.
D. Describe the interim reclamation methods that will be used if the site will
become inactive at the close of current operations for unspecified periods
of time.
Part Six: Proposed Reclamation
A. Describe the proposed reclamation, including final slopes, high wall
reduction, benching, terracing and other structural slope stabilization
measures.
B. Describe anticipated topography, water impoundments, artificial lakes and
future land use of the site.
C. Describe plans for the disposal of surface structures, roads and related
facilities after completion of mining.
D. Describe the methods proposed for the disposal or reclamation of oversize
and undersize materials.
E. Describe or attach a copy of a seeding plan that includes methods of
seedbed preparation, seed mixtures, seeding rates, mulching and other
techniques needed to accomplish site stabilization.
F. Describe long-term maintenance needed to support reclamation.
G. Provide an estimate of the reclamation cost of each phase of the project or
the entire site if phasing is not planned.
(4) Performance Standards. The following performance standards shall apply to all
Mining Operations approved after the effective date of this Ordinance:
(a) General Provisions. All equipment used for Mining Operations shall be
constructed, maintained and operated in a manner as to minimize, as far as
practical, noise, dust and vibrations adversely affecting the surrounding
property. Additionally, the excavation shall be properly gated and fenced.
(b) Water Resources. The Mining Operation shall be conducted in such a
manner as to minimize interference with the surface water drainage
outside the boundaries of the Mining Operation.
(c) Safety Fencing. Safety fencing may be required around all or portions of
the Mining Operation at the discretion of the Planning Commission. Any
Mining Operation(s) adjacent to a residential zone, or within three
hundred (300) feet of four (4) or more residential structures, shall adhere
to the following standards:
i. Where collections of water occur that are one and one-half (1 ½)
feet or more in depth exist for any period of greater than seven (7)
consecutive days and occupy an area of seven hundred (700)
square feet or more, all access to such collections of water shall be
barred by a fence or similarly effective barrier of at least four (4)
feet in height with support posts spaced no farther apart than ten
(10) feet. In locations where slopes occur that are steeper than one
(1) foot vertical to three (3) feet horizontal existing for a period of
seven (7) days or more, access to such slopes shall be barred by a
fence or some similarly effective barrier of at least four (4) feet in
height with support posts spaced no farther apart than ten (10) feet.
ii. As an alternative to the fencing requirements of Section 7.17.4
C(1) and (2) of this Ordinance, the entire perimeter of the property
on which a Mining Operation is located may be fenced or
protected by some other similarly effective barrier of at least four
(4) feet in height with support posts spaced no farther apart than
ten (10) feet.
(d) Mining Access Roads. The location of the intersection of mining access
roads with any public roads shall be selected such that traffic on the access
roads will have a sufficient distance of public road in view so that any
turns onto the public road can be completed within a margin of safety as
determined by the Public Works Director. Access roads connecting to
public roads shall be sufficiently wide to accommodate two-way hauling
traffic. A truck staging area shall be provided on the applicant’s property.
Trucks shall not queue on public roads while waiting to load or unload.
Ingress and egress points from or onto any public road or highway shall be
clearly signed “TRUCKS HAULING” advising traffic in both directions
of this activity. Intersections of public roads with access roads shall be
maintained by the mine operator, and shall be kept clean and free from
excessive mud, debris or asphalt tracked out from the mining site.
Intersections of public roads with access roads shall be repaired by the
mine operator if the public road surfaces or shoulders in the mining area
have broken down due to repeated traffic by mining trucks or equipment.
Turn lanes shall be constructed on public roads at the entrance to the
mining site if determined necessary by the appropriate road authority. The
need for road improvements, maintenance or repair will be determined by
the Minnesota Department of Transportation in the case of state highways;
by the Stearns County Public Works Director in the case of County roads;
and by the appropriate Township Board of Supervisors in the case of
Township roads.
(e) Screening Barrier. To minimize problems of dust and noise and to shield
Mining Operations from public view, a screening barrier may be required
between the mining site and adjacent properties or public roads. If a
screening barrier is required by the Planning CommissionJoint Planning
Board, the barrier shall be maintained between the mining site and any
public road within five hundred (500) feet of any mining or processing
operations. The screening barrier shall be planted with a type of fast
growing trees agreed upon between the applicant and the
DepartmentZoning Administrator. In all cases, existing trees and ground
cover along a public road and property line shall be preserved and
maintained for the depth of the setback, except where traffic safety
requires cutting and trimming or except where alteration or destruction of
the trees and/or ground cover is necessary for an approved reclamation
plan.
(f) Setback. The following setback requirements shall apply to Mining
Operations:
i. The processing of mined materials shall not be conducted closer
than on hundred (100) feet to the property line, nor closer than five
hundred (500) feet to any residential dwelling unit.
ii. Unless approved in writing between the affected property owner
and the mining operator, mining of any materials shall not be
conducted closer than two hundred (200) feet of any residential
dwelling unit or residential zoning district boundary.
iii. For mining operations approved prior to May 24, 2011 mining
shall not be conducted within thirty (30) feet of any public road
right of way unless approved in writing by the applicable road
authority. For mining operations approved after May 24, 2011
mining shall not be conducted within fifty (50) feet of any public
road right of way unless approved in writing by the applicable road
authority. Mining of materials shall not be conducted closer than
thirty (30) feet to any property line.
iv. Mining Operations shall not be conducted closer than two hundred
(200) feet from the ordinary high water mark of any public water
classified in Section 10.2.3 of thisStearns County Ordinance.
(g) Hours of Operation. All hours of operation shall be set in the Interim Use
Permit as approved by the Board.
(h) Access Roads. All access roads from Mining Operations to public
highways, roads or streets or to adjoining property shall be paved or
otherwise maintained to control dust. Ingress and egress access points
from or onto any road or highway shall be clearly signed and those signed
access points shall be utilized. Precautions must be taken to minimize the
deposit of materials from trucks onto public roads.
(i) Vertical faces shall be kept to a minimum except during actual mining.
(j) Weeds and any other unsightly or noxious vegetation shall be cut or
trimmed as necessary to preserve a reasonably neat appearance, to prevent
seeding on adjoining property and to comply with the requirements of
Minnesota Statutes, section 18.191; or successor statutes.
(k) Complaints. Complaints regarding Mining Operations shall be forwarded
to the Environmental Services DepartmentZoning Administrator for
processing. The DepartmentZoning Administrator shall make timely
investigation of complaints and shall endeavor to resolve complaints
utilizing such dispute resolution process as may be developed by the
CountyZoning Administrator.
(l) Signage. An informational sign shall be erected at the intersection of the
primary access road and the public road servicing the site, identifying the
corporate or personal name(s) of the property owner(s) and telephone
number(s) of the property owner, the site operator and the hauling
contractor. Signs required by this Section shall be clearly visible from the
public road and shall conform with the signage requirements of Section
7.24 of thisthe City of St. Joseph Zoning Ordinance.
(5) Land Reclamation. All mining sites shall be reclaimed immediately after Mining
Operations cease. Reclamation shall be completed within one (1) year. The
following standards shall apply:
(a) Within a period of three (3) months after final termination of a Mining
Operation, or within three (3) months after abandonment of such operation
for a period of six (6) months, or within three (3) months after expiration
of an interim use permit for a Mining Operation, all buildings, structures
and plants incidental to such operation shall be dismantled and removed
by, and at the expense of, the mining operator last operating such
buildings, structures and plants.
(b) The peaks and depressions of the mined area shall be graded and back-
filled to a surface which will result in a gently rolling topography in
substantial conformity to the land area immediately surrounding. Finished
slopes shall be stabilized to minimize erosion due to rainfall.
(c) The finished grade shall be such that it will not adversely affect the
surrounding land or future development of the site. The finished plan
shall restore the mining site to a condition whereby it can be utilized for
the type of land use proposed to occupy the site after Mining Operations
cease.
(d) A performance surety, payable to the County of StearnsCity of St. Joseph,
shall be provided. The permit shall specify the amount and type of surety
required. The surety shall be used to reimburse the CountyJoint Planning
Board for any monies, labor and/or material expended to bring the
operation into compliance with the conditions of the permit or ordinance
requirements. The surety may be used after expiration or revocation of the
permit and failure to execute a phase of a restoration plan specifically
scheduled in the permit or Ordinance.
Subd. 16. Nuisances. No use or structure shall be operated or occupied in such an
amount or to such a degree or intensity as to constitute a hazardous condition, or as to
unreasonably interfere with the use and enjoyment of the property by any person of normal
sensitivities or to otherwise create a public nuisance.
(1) Air Emissions. All uses shall comply with the standards governing air emissions
as regulated by the Minnesota Pollution Control Agency (MPCA).
(2) Direct Discharge of Waste. All uses shall comply with the standards governing
waste discharge as regulated by the Minnesota Pollution Control Agency
(MPCA).
(3) Explosives and Flammable Materials. All uses involving the manufacture, storage
or use of explosive or flammable materials shall comply with all applicable
regulations, including the Minnesota Building Code and the Minnesota Uniform
Fire Code and shall meet the following requirements:
(a) All uses involving the manufacture, storage or use of explosive or
flammable materials shall employ best management practices and the
provision of adequate safety devices to guard against the hazards of fire
and explosion and adequate fire fighting and fire-suppression devices
standard in the industry.
(b) The manufacture, storage or use of any explosive or blasting agent, as
defined by the Uniform Fire Code, shall be prohibited in any non-
industrial zoning district.
(c) The storage of any flammable liquid shall be subject to the requirements
established under the Uniform Fire Code and review by the State Fire
Marshal.
(4) Glare and Heat. Uses producing glare or heat shall be performed within a
completely enclosed building in such a manner as to make such glare and heat
completely imperceptible from any point along the property line.
(5) Hazardous Materials. All uses shall comply with the standards governing
hazardous materials as regulated by the Minnesota Pollution Control Agency
(MPCA).
(6) Noise. All uses shall comply with the standards governing noise as regulated by
the Minnesota Pollution Control Agency (MPCA).
(7) Odor Emissions. All uses shall comply with the standards governing odor
emissions as regulated by the Minnesota Pollution Control Agency (MPCA).
(8) Vibration. Used producing vibration shall be conducted in such a manner as to
make the vibration completely imperceptible from any point along the property
line.
(9) Water Pollution. All uses shall comply with the standards governing water
pollution as regulated by the Minnesota Pollution Control Agency.
Subd. 17. Parking and Loading
(1) Standards
(a) Parking spaces for residential parking shall be on the same lot as the
residential dwelling.
(b) Off-street parking areas in any district shall not be utilized for open
storage of goods or for the storage of vehicles that are inoperable, for sale
or for rent.
(c) Loading areas shall be sufficient to meet the requirement of the use and
shall provide adequate area for parking and maneuvering on the site
without impact on adjacent properties or the public right-of-way.
(2) Design and Maintenance of Off-street Parking Areas
(a) Off-street parking areas shall be improved with a durable and dustless
surface. Such areas shall be so graded and drained as to dispose of all
surface water accumulation within the parking area in accordance with an
approved stormwater management plan. Durable and dustless surface may
include crushed rock and similar treatment. Parking areas for six (6) or
fewer vehicles shall be exempt from the provisions of this Section.
(b) A parking space shall be at least nine (9) feet wide by twenty (20) feet
long. In considering parking lots, a standard of three hundred (300) square
feet per parking space shall be used to compute total requirements
including maneuvering areas.
(c) Existing off-street parking spaces existing on or before the effective date
of this ordinance shall not be reduced in number unless said number
exceeds the requirements set forth herein for a similar use.
(d) Off street parking areas shall be screened when any of the following
circumstances exist:
i. When a commercial/recreational or industrial use off street parking
area contains more than four (4) parking spaces and is within thirty
(30) feet of an existing residential use or residential zone.
ii. When any driveway to a commercial/recreational or industrial use
off street parking area of more than six (6) parking spaces is within
fifteen (15) feet of an existing residential use or residential zoning
district.
(e) Off-street parking areas shall be of sufficient size to provide parking for
patrons, customers, suppliers, visitors and employees and shall be as set
forth in the following table. When the calculation of the number of
parking spaces required results in a fraction, the parking spaces required
shall be increased to the nearest whole number. Parking within the
enclosed structures(s) is permitted provided the space is usable.
Churches, Community Buildings, and One space for each three seats or for each
Other Places of Public Assembly five feet of pew length, based on maximum
design capacity.
Day Care Facilities One space for each two employees, plus one
drop-off space for each five enrollees
Eating and Drinking Establishments One space for each three seats, based on
maximum design capacity.
Golf Courses Five spaces for each hole, plus one space
for each ten seats in the club house.
Hotels and Motels One space for each unit.
Industrial Uses One space for each two employees on the
major shift, or one space for each two
thousand square feet of gross floor area,
whichever is greater.
Offices and Clinics One space for each three hundred square
feet of gross floor area.
Residential Uses Two spaces per dwelling unit.
Retail and Service Establishments One space for each two hundred fifty square
feet of gross floor area plus one space per
one thousand square feet of outdoor
sales/display area
Resorts, Campgrounds, Recreational Three spaces for each unit/lot, two spaces
Vehicle Parks within unit/lot and one space in overflow
parking area
Schools One space for each four students based on
design capacity.
Service Stations/Convenience Stores One space for each service bay, plus one
space for each three hundred square feet of
gross floor area.
Uses Not Specifically Noted As determined by the Director based on a
parking study and/or industry standards.
Vacation/Private Home Rental One space for every three people, based on
permitted occupancy
(f) In the case of mixed uses, the parking facilities required shall be the sum
of the requirements for the various individual uses, computed separately in
accordance with this Section. Parking facilities for one use shall not be
considered as providing the required parking facilities for any other use
except that the Planning Commission or BoardJoint Planning Board may
consider the joint use of a parking area where it is known that because of a
time element, the parking facilities will not be needed by more than one of
the users at one time.
Subd. 18. Pipeline Easement Setback. Structures shall not be placed within the boundary
of any pipeline easement as defined in Minnesota Rules, section 7535.0100, subp. 6; or successor
rules.
Subd. 19. Principal Structures. Except for the commercial and industrial districts, there
shall be no more than one (1) principal structure on any one (1) parcel of land, unless otherwise
allowed in this Ordinance. When more than one residential dwelling exists on a parcel of land
and the residential dwellings were existing prior to April 21, 2000, the property owner has the
option to declare one of the residential dwellings the principal structure. Any other residential
dwelling(s) on the parcel would be subject to the nonconformity restrictions in Section 5 of this
Ordinance; or successor ordinance. A Declaration of Restrictions shall be recorded in the Office
of the County Recorder prior to issuance of any construction site permit declaring one of the
residential dwellings the principal structure.
Subd. 20. Residential Dwelling Unit. In all districts where single or multi-family
dwellings are permitted, the following standards shall apply, except for temporary dwellings
permitted under Section 7.28Section 1.13, Subd. 26 of this Ordinance:
(1) Any manufactured home to be used as a residential dwelling unit shall be no less
than fourteen (14) feet in width and shall bear a Seal of Compliance issued by the
State of Minnesota.
(2) No accessory building or recreational vehicle shall be used at any time as a
dwelling unit, unless otherwise provided in this Ordinance.
(3) No manufactured home shall be moved into the unincorporated areas of Stearns
Countythe OAA that does not meet the Manufactured Home Building Code as
defined in Minnesota Statutes, section 327.31, subdivision 3; or successor
statutes.
Subd. 21: Screening. The following standards shall apply when screening is required by
the provisions of this Ordinance:
(1) Any screening that is required in this Ordinance shall consist of earth mounds,
berms or ground forms; neutral colored fences and walls; landscaping (plant
materials) or landscape fixtures (such as timbers) used in combination or
singularly so as to block direct visual access to an object.
(2) The use of screen walls shall consist of materials of similar type, quality and
appearance as that of the principal structure. Such screens shall be at least six (6)
feet in height and provide a minimum opaqueness of eighty (80) percent.
(3) The use of berming or landscaping (eighty (80) percent opaque at the time of
maturity). Planting screens shall consist of healthy plant materials at least six (6)
feet in height at the time of planting.
(4) Screening fences and walls that are in disrepair shall be repaired. Planting screens
shall be maintained in a neat and healthy condition. Plantings that have died shall
be replaced within the current or next growing season.
Subd. 22: Sign Regulations. All signs shall be subject to the standards in Section 7.24 of
this Ordinance and any specific standards set forth in other provisions of this Ordinance.
(1) Purpose. The purpose of this Section is to promote the health, safety, and general welfare
of the public and to conserve the natural and scenic views of the County. It is necessary to
reasonably and effectively regulate and control the erection of signs while preserving the right of
free speech and expression, providing easy and pleasant communication between people and
their surroundings and avoiding excessive levels of visual clutter and distraction that are
potentially harmful to traffic and pedestrian safety, property values, business opportunities or
community appearance. This Section is not intended to and does not restrict, limit, or control the
content or message of signs.
(2) General Standards
(a) All signs, other than government signs, are prohibited within public rights-of-way and
easements or on any other public property.
(b) Illuminated signs may be permitted, but devices giving off an intermittent or rotating
beam of light shall be prohibited. Flood lighting shall be focused upon the sign. No lighting for
signs shall directly reflect light beams onto any public street or residential structure. Signs shall
not be illuminated beyond any lot line.
(c) No sign shall, by reason of position, shape or color, interfere in any way with the proper
functioning or purpose of a traffic sign or signal.
(d) No sign shall be painted directly on the roof or outside wall of a building, nor shall paper
or similar signs be attached directly to a building wall with adhesive or similar means.
(e) No sign shall be painted or placed on fences, rocks or similar structures or features.
(f) No sign in excess of three (3) square feet per surface with no more than two (2) surfaces
shall be less than five hundred (500) feet from the intersection of a public road and a railroad,
provided that a sign may be affixed to or located adjacent to a building at such intersection in
such a manner as not to cause any greater obstruction of vision than that caused by the building
itself.
(g) All signs shall be set back from the right-of-way of public roads not less than ten (10)
feet from the closest part of the sign. All signs shall be set back ten (10) feet from adjacent
property lines.
(h) No sign shall be erected that imitates any official marker or government sign or that
otherwise constitutes a traffic hazard.
(i) No sign shall be permitted that obstructs any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress of any building or structure.
(j) A Construction Site Permit pursuant to Section 4.11 of this Ordinance is required for Off-
Premise Signs (Billboards). A Construction Site Permit is not required for any other signs.
(3) Signs Permitted in All Zoning Districts. The following signs are allowed in all zoning
districts notwithstanding the provisions set forth in Sections 7.24.4 through 7.24.6 of this
Ordinance.
(a) Subject to Minnesota Statute Section 211.B.045, or successor statute, signs containing
non-commercial speech may be posted beginning forty six (46) days before a primary election in
a general election year until ten (10) days following the general election.
(b) Carvings into stone, concrete or similar materials or made of bronze, steel, aluminum or
other permanent type of construction incorporated into the design and structure of a building and
containing only non-commercial speech.
(c) Signs posted in accordance with Minnesota Statutes, section 97B.001; or successor
statute
(d) Government signs.
(e) One sign, not to exceed thirty two (32) square feet per surface with no sign having more
than two (2) surfaces, shall be allowed for each street entrance to a development or municipality.
(f) One non-commercial sign per parcel not exceeding thirty-two (32) square feet per surface
with no more than two (2) surfaces.
(g) For signs on tillable farmland, up to twenty (20) signs not exceeding three (3) square feet
per surface, with no more than two surfaces per sign, may be displayed per one hundred (100)
feet of lot frontage along a public road no closer than two (2) feet apart when visible from the
public right-of-way.
(4) Signs Permitted in Agricultural, Transitional, Residential, Rural Townsite, Scenic River,
Residential Manufactured Home, Urban Expansion and Island Preservation Districts
(a) One non-commercial sign for each parcel not to exceed nine (9) square feet in area per
surface and no sign shall be constructed as to have more than two (2) surfaces.
(b) One sign for each permitted non-residential use or use by conditional use permit may be
allowed. Such signs shall not exceed thirty-two (32) square feet in area per surface and no sign
shall be so constructed as to have more than two (2) surfaces. On principal arterial and minor
arterial streets, signs in excess of thirty-two (32) square feet may be permitted by conditional
use, but in no case shall the total square footage exceed sixty four (64) square feet per surface or
one hundred twenty eight (128) total square feet.
(c) Symbols, statues, sculptures and integrated architectural features on buildings may be
illuminated by flood lights, provided the source of light is not visible from a public right-of-way
or adjacent property.
(d) No sign shall exceed ten (10) feet in height above the average grade level.
(e) One temporary sign not exceeding eighty (80) square feet per surface with no more than
two (2) surfaces may be displayed on a parcel during the time that the parcel is for sale, available
for lease, or under construction.
(5) Signs Permitted in Commercial and Industrial Districts
(a) One sign for each parcel not to exceed six (6) square feet in area per surface and no sign
shall be constructed as to have more than two (2) surfaces.
(b) The aggregate square footage of signs per lot, including all sign surfaces, shall not exceed
two hundred fifty (250) square feet, exclusive of off-premise (billboards) signs.
(c) No sign shall extend in height above the parapet wall of any principal building, except
that one (1) free standing sign shall be allowed not exceeding twenty-five (25) feet in height
above the average grade.
(d) No sign shall be mounted on a structure on or above the roof line.
(e) One temporary sign not to exceed one hundred thirty (130) square feet with no more than
two (2) surfaces, may be displayed on a parcel during the time that the parcel is for sale,
available for lease, or under construction.
7.24.6 Signs Permitted in Educational/Ecclesiastical District
A. Signs not exceeding thirty-two (32) square feet per surface.
B. Signs in excess of thirty-two (32) square feet may be permitted by conditional use, but in
no case shall the total square footage exceed sixty four (64) square feet per surface or one
hundred twenty eight (128) total square feet.
C. No sign shall be mounted on a structure on or above the roof line.
(6) Off-premise Signs (billboards)
(a) Off-premise signs (billboards) may be permitted as a conditional use in any industrial
district and the commercial district, providing sign has no more than two surfaces and the total
square footage of the sign surface area is not more than six hundred (600) square feet for signs
located along principal arterial streets. On other streets, the total square footage of sign area
shall not be more than four hundred (400) square feet.
(b) No off-premise sign (billboard) shall be located within five hundred (500) feet of parks,
historical sites, public picnic or rest areas, or within two hundred (200) feet of church or school
property.
(c) No off-premise sign (billboard) shall be located closer than thirteen hundred (1300) feet
horizontal distance from any other off-premise sign measured in any direction. Off-premise
signs shall not exceed thirty (30) feet above the average ground level at the base of the sign.
(7) Nonconforming Signs. A legal nonconforming sign is a sign legally erected under the
official controls in existence at the time it was erected and that would not be permitted under the
official controls as written now. Legal nonconforming signs may be displayed subject to the
following restrictions and Minnesota Statute Section 394.36, or successor statute:
(a) The sign is not relocated or replaced.
(b) The structure or size of the sign is not altered in any way except toward compliance with
this Ordinance. This does not refer to change of copy or normal maintenance.
Subd. 232: Stormwater Management. The purpose of this Sectionsubdivision is to
prevent or reduce, to the most practicable extent, the negative effects of stormwater runoff and to
protect the water and soil resources of Stearns County through the use of best management
practices and/or stormwater management facilities.
(1) Applicability: A stormwater management plan shall be required and all
stormwater management provisions shall apply to any of the following activities within Stearns
Countythe OAA:
(a) Any development activity that results in the cumulative addition of one (1)
acre or greater of new impervious surface to the site.
(b) Any new resort and/or planned unit development in accordance with
Section 10.2.23 B of this Ordinance.
(c) Redevelopment of any existing parcel that currently exceeds lot coverage
limits except that redevelopment of impervious area already being treated
by an approved stormwater plan does not require a new plan to be
implemented. A letter shall be submitted from an engineer certifying that
the existing stormwater facilities are property installed, functioning and
maintained.
(d) Expansions to existing resorts or the replacement of structures within
existing resorts in accordance with Section 10.2.23 D and E of this
Ordinance.
(e) Any other land development activity including, but not limited to,
redevelopment or alteration of existing buildings and other structures that
the DirectorZoning Administrator determines may significantly increase
downstream runoff volumes, flooding, soil erosion, water pollution or
property damage or significantly impact a lake, stream or wetland.
(2) General Standards. Development activities requiring the submittal of a
stormwater management plan shall conform to the following standards:
(a) Developments shall use best management practices and stormwater
management facilities to treat stormwater runoff generated by new or
redeveloped impervious surfaces. Designs using surface drainage,
vegetation and infiltration shall be given preference over buried pipes,
manmade materials and facilities.
(b) The applicant shall be responsible for the design, construction and
maintenance of any best management practices and/or stormwater
management facilities identified in the stormwater management plan.
(c) The following stormwater management practices shall be investigated in
developing a stormwater management plan, in the following descending
order of preference:
i. Natural infiltration of precipitation on-site;
ii. Flow attenuation by use of open vegetated swales and/or natural
depressions;
iii. Stormwater detention facilities.
(d) The applicant shall give consideration to reducing the need for stormwater
management facilities by incorporating the use of natural topography and
land cover such as natural swales and depressions as they exist before
development to the degree that they can accommodate the additional flow
of water without compromising the integrity or quality of the natural
feature.
(3) Stormwater Management Plans. Applicants shall submit a stormwater
management plan to the DepartmentZoning Administrator for approval. All
required plans shall be drawn to an easily legible scale, shall be clearly labeled
and shall be signed by its designer. A minimum scale of 1:100 shall be used,
unless otherwise approved by the DirectorZoning Administrator. Stormwater
management plans shall, at a minimum, include the following information:
(a) A narrative describing the proposed project, including an implementation
schedule.
(b) A grading plan shall be submitted and include:
i. Existing and proposed property lines and lot dimensions.
ii. Existing and proposed drainage, utility and other easements.
iii. Existing zoning classifications for land within and abutting the
development.
iv. Location and dimensions of existing and proposed public and
private roads and structures.
v. All natural and artificial water features including, but not limited
to, lakes, ponds, streams (including intermittent streams) and
ditches. Show the ordinary high water level of all lakes, one
hundred (100) year flood elevations and any delineated wetland
boundaries.
vi. Existing vegetative cover, wooded areas and a clear boundary of
any vegetation proposed for removal.
vii. Existing and proposed elevations shown at two (2) foot contours,
extending at least two hundred (200) feet beyond the property
boundaries or as required to clearly indicate the relationship of
proposed changes to existing topography and remaining features.
viii. Locations and dimensions of all proposed land disturbing activities
and any phasing of those activities.
(c) A drainage plan of the developed site showing the direction stormwater
will be conveyed, locations where stormwater will be allowed to collect
and locations of all discharge points from the property. The drainage plan
shall show all drains or tile lines on the property.
(d) An Erosion and Sediment Control Plan in accordance with Section 1.13,
Subd. 87.10.2 of this Ordinance.
(e) A vicinity map which includes the locations of any designated trout stream
within two thousand (2000) feet of the property boundary.
(f) A landscape plan or written description of methods used to achieve final
stabilization, the type of stabilization and rate of application. Stabilization
methods shall be described for each major phase of construction including,
but not limited to, mass grading operations and stabilization for individual
lots within any development.
(g) Information shall be included which clearly identifies all elevations and
grades for streets, ditches, stormwater management facilities, wetlands,
lakes, pipe inverts and pipe outlets.
(h) A map showing the boundaries of each soil type, the hydrologic
classification of each soil type and the estimated acreage of each soil type.
The soil information shall be based on the most current version of the
United States Department of Agriculture (USDA) electronic Field Office
Technical Guide (eFOTG).
(i) A detailed schedule of anticipated starting date and completion date of
each phase of construction and/or land disturbing activity, including the
installation of erosion and sediment control measures needed to meet the
requirements of Section 7.10 1.13, Subd. 8 of this Ordinance.
(j) A work and materials list for all proposed site grading, stormwater
management, and erosion and sediment control related operations.
(k) An evaluation of all landlocked lakes, wetlands and stormwater facilities
in the design analysis for the one hundred (100) year storm event which
demonstrates that the runoff from a one hundred (100) year storm event
will not impact structures and access within the development.
(l) A detailed description of existing and proposed runoff curve numbers.
(m) Stormwater management calculations shall list the new impervious area
created in each sub-watershed and shall include the assumptions and
calculations used for determining impervious areas, such as house pad,
driveway and outbuildings.
(4) Stormwater Management Facility Maintenance Standards
(a) All stormwater management facilities shall be inspected and maintained in
perpetuity. After implementation of the approved stormwater management
plan, long term inspection and maintenance responsibilities may be
transferred to a separate entity such as, but not limited to, a Township after
official acceptance by the Township Board, a Watershed District after
official acceptance by the District Board, a legally organized homeowner’s
association or any entity approved by the Director.
(b) Facilities shall be designed to minimize the need for maintenance, to
provide access for maintenance purposes and to be structurally sound.
(c) An operations and maintenance plan shall be submitted to the Department
with the stormwater management plan and include:
i. Name and contact information of the entity responsible for long
term maintenance.
ii. Inspection schedule.
iii. Inspection checklist to be used and inspection protocol.
iv. Description of how inspections and maintenance activities will be
funded.
(d) All inspection and maintenance documents shall be kept by the
responsible party for a minimum of ten (10) years.
(e) It shall be the responsibility of the applicant to obtain any necessary
easements to allow for access to the stormwater management facilities for
inspection and/or maintenance purposes.
(5) Financial Guarantee. Once a stormwater management plan is approved, a
financial guarantee in the form of a letter of credit, cash deposit or bond in favor
of the CountyJoint Planning Board equal to one hundred twenty-five (125)
percent of site grading and erosion/sediment control costs shall be submitted to
the CountyZoning Administrator. This guarantee is necessary to ensure the
satisfactory installation, completion and maintenance of the measures as required
in the stormwater management plan.
(a) Final plat approval or issuance of a conditional use permit shall not be
granted until a financial guarantee has been submitted to the
CountyZoning Administrator.
(b) Release of any portion of the financial guarantee is contingent on approval
from a professional engineer that as built conditions meet original design
specifications and a site visit by CountyZoning Administrator staff is
conducted to evaluate the condition of erosion and sediment control
measures.
(6) Design Standards – Stormwater detention facilities. Permanent stormwater
detention facilities (when required) shall be designed according to the most
current technology as reflected in the Minnesota Pollution Control Agency’s
publication “Protecting Water Quality in Urban Areas” (2000) and “Minnesota
Stormwater Manual” (2005), as amended, and shall conform to, at a minimum,
the following design standards:
(a) Calculations shall be included that clearly show the effects of the proposed
development on the peak rate of discharge, the total volume of discharge,
channel velocities and other potential drainage impacts both on and off the
development site. All stormwater management calculations submitted to
the Department for review shall include sufficient data to evaluate the
changes to the stormwater drainage characteristics within the affected
watershed. The Director may require the applicant to provide any
additional information, calculations or data if needed for a complete
review.
(b) The two (2), ten (10) and one hundred (100) year twenty four (24) hour
frequency storm event shall be evaluated and modeled for Stormwater
Management Plans developed in accordance with Sections 7.25.1 A and B
of this Ordinance.
(c) The two (2) and ten (10) year twenty four (24) hour frequency storm event
shall be evaluated and modeled for Stormwater Management Plans
developed in accordance with Sections 7.25.1 C and D of this Ordinance.
New stormwater management facilities for applicable sites shall be
designed to accommodate the runoff from a ten (10) year storm event. All
systems and facilities shall be designed to withstand the runoff from a one
hundred (100) year storm event without damage to the system or facility,
downstream areas and without significant risk to human health and safety.
(d) Rainfall amounts for the design storms can be found using the U.S.
Weather Bureau Technical Paper No. 40 (TS 40) rainfall intensity duration
curves for a Type II rainfall distribution or National Oceanic and
Atmospheric Administration (NOAA) Atlas 14 Point Precipitation
Frequency Estimates.
(e) New constructed stormwater outfalls to any public water or wetland must
provide for filtering or settling of suspended solids and skimming of
surface debris before discharge.
(f) Stormwater facilities shall be designed assuming that existing drains and
drain tiles no longer function, unless:
i. An easement is supplied for future maintenance; and
ii. The applicant demonstrates that the drain or tile has the capacity
and service condition to make it a suitable component of the
stormwater management system.
(g) Where there is discharge to an existing roadway, ditch, storm sewer or
other public facility, the applicant shall show that there is no net increase
in runoff volume discharged to the public facility and that the proposed
activity will not degrade any critical roadway element or negatively
impact its safety, maintenance or function.
(h) Specific Standards for Wet Sedimentation Basins
i. All wet detention basins shall be designed and constructed in
accordance with the standards listed in Part III of the MPCA
“General Permit Authorization to Discharge Stormwater
Associated with Construction Activity Under the National
Pollutant Discharge Elimination System/State Disposal System
Program” and “The Minnesota Stormwater Manual”.
ii. Designs for wet detention basins shall include, but not be limited
to, calculations for estimated inflow and outflow, permanent and
temporary storage volumes, mean depth, outlet design,
downstream stabilization, emergency spillways, basin profiles and
basin cross sections.
iii. In the Industrial (I) and Commercial (C) zoning districts, skimmers
shall be included on the outlet of wet detention basins.
Construction details of the skimmers shall be shown on the
construction plans for the wet detention basin.
iv. Ground water sensitivity. Wet detention basins located in areas
identified as being highly susceptible to ground water
contamination, except ground water discharge areas, shall be
designed so that the bottom of the basin is located at least three
feet above the seasonal high ground water elevation and/or
bedrock and be lined with two (2) feet of soil having a
permeability less than five (5) minutes per inch.
(i) Peak Rate of Discharge Standards
i. Peak discharge rates for all developments shall be derived using
the standard methods of the Natural Resources Conservation
Service TR 55 or TR 20 as defined in the current Hydrology Guide
for Minnesota.
ii. Applicants shall provide pre-development and proposed post-
development calculations for each sub-watershed within the
property boundary or at the point of discharge from the property.
Calculations shall show that peak discharge rates for the proposed
post-development conditions do not exceed pre-development
conditions at the property boundary for the modeled storm events
in accordance with Section 7.25.6.B or C of this Ordinance.
iii. Where pre-development calculations indicate no runoff, the
infiltration standards required in Section 7.25.6 J of this Ordinance
shall be used to demonstrate compliance with a no runoff
requirement for the storm frequency and duration being
considered.
(j) Volume Discharge Standards
i. Total volume discharges shall be derived using the standard
methods of Natural Resources Conservation Service TR 55 or TR
20 as defined in the current Hydrology Guide for Minnesota.
ii. All stormwater management facilities shall be designed so that the
volume of runoff discharged from the property after development
does not exceed pre-development conditions for modeled storm
events in accordance with Section 7.25.6 B or C of this Ordinance.
iii. For evaluation of post-development runoff, drained hydric soils
shall be assumed to revert to an undrained condition unless the
applicant demonstrates that publicly owned and maintained
drainage facilities will be adequate to maintain the drained
condition.
(k) Infiltration/Filtration Standards
i. All infiltration/filtration practices shall be designed and
constructed in accordance with the standards listed in Part III of
the MPCA “General Permit Authorization to Discharge
Stormwater Associated with Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal
System Program” and the “Minnesota Stormwater Manual”.
ii. Stormwater management facilities, when site conditions permit,
shall be designed with the capability to infiltrate one-half (1/2)
inch of runoff from all newly created or redeveloped impervious
surfaces within forty eight (48) hours.
iii. Infiltration areas shall be limited to the horizontal areas subject to
prolonged wetting. Areas of permanent pools shall not be accepted
as an infiltration practice.
iv. Infiltration areas located in areas of high or very high susceptibility
to groundwater contamination shall have either natural undisturbed
soil or be lined with at least two (2) feet of soil with a permeability
of five (5) minutes per inch or slower.
v. Infiltration areas shall be at least three (3) feet above the seasonal
high ground water elevation and/or bedrock.
(l) Standards for discharges to Designated Trout Streams:
i. The stormwater management plan shall include provisions and
practices to reduce the temperature of runoff from sites that
discharge stormwater runoff within two thousand (2000) feet of a
river or stream identified by the Minnesota Department of Natural
Resources as a designated trout stream.
ii. The stormwater management plan does not need to meet the above
rule if the applicant can justify by use of a model, that practices are
not necessary because the temperature increase of runoff from the
site post-development will be zero (0).
(7) Compliance with storm water management plans. If an applicant does not
implement the requirements of a stormwater management plan, the Zoning
AdministratorDirector may issue an abatement order as outlined in City of St.
Joseph Code of OrdinanceSection 4.23 of this Ordinance.
Subd. 24: Swimming Pools.
(1) Performance Standards. Swimming pools shall comply with the following
standards:
(a) The pool shall meet any required setback.
(b) The pool itself or the yard around the pool shall be enclosed by a wall,
fence or combination thereof which is at least six (6) feet in height, with a
self-closing gate capable of being secured with a lock so as to prevent
uncontrolled access. All points of access shall be made lockable.
(c) For in-ground pools, required fencing shall be of durable material and
shall be so designed as to discourage climbing. Building walls may be
used to meet this requirement.
(d) For above-ground pools, pool sides that are vertical or slanted outward
may contribute to the required fencing, providing all points of access are
controlled, including the removal of all ladders or stairs when the pool is
not in use.
Subd. 25: Telecommunication Equipment, Towers and Support Structures.
(1) Purpose. In order to accommodate the communication needs of residents and
businesses while protecting the public health, safety and general welfare of the
community, the Board finds that these regulations are necessary in order to:
(a) Facilitate the provision of wireless telecommunication services to the
residents and businesses of the County;
(b) Minimize adverse visual effects of towers through careful design and
siting standards;
(c) Avoid potential damage to adjacent properties from tower failure;
(d) Maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunication antennas in order to reduce
the number of towers needed to serve the CountyOAA; and
(e) To encourage clustering of self-support/lattice and guyed towers in
appropriate locations.
(f) To comply with Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012 (Spectrum Act) and as interpreted by the Federal
Communications Commission’s (FCC) Acceleration of Broadband
Deployment Report and Order.
(2) General Standards. The following standards shall apply to all antennas and
antenna support structures:
(a) All obsolete and unused antennas shall be removed within twelve (12)
months of cessation of use.
(b) All antennas shall be in compliance with all Federal, State and local
building, electrical and any other relevant code requirement.
(c) Structural design, mounting and installation of any antenna support
structure shall be in compliance with manufacturer’s specifications. The
construction plans and design of any antenna requiring a permit shall be
verified and approved by a registered professional engineer.
(d) No advertising message or identification shall be affixed to any antenna
structure.
(e) Antennas shall not be artificially illuminated unless required by law or by
a governmental agency to protect the public health and safety. Guy wires
or guy wire anchors shall not be erected within public or private utility and
drainage easements and shall be set back a minimum of five (5) feet from
all lot lines. Guy wires within ten (10) feet of the ground surface shall be
fenced within an enclosure or maintained with a cover of highly reflective
material to prevent accidental collision.
(f) When applicable, proposals to erect new antennas shall be accompanied
by any required federal, state or local agency licenses or proof of
application thereof.
(g) Antenna support structures under two hundred (200) feet in height shall be
painted or coated silver or have a galvanized finish to reduce visual
impact, unless otherwise required by federal law. Silver or galvanized
finishes shall be required unless the setting or natural surroundings can be
used to justify another color.
(h) No land may be subdivided for the purpose of providing space for an
antenna unless all lot size requirements for the applicable zoning district
are met and subdivision approval is obtained.
(i) The addition (collocation), replacement or removal of new transmission
equipment for modification of an existing antenna support structure or
base station to an existing eligible support structure shall require a
construction site permit and be considered a permitted use subject to the
following standards:
i. Replacement of the underlying structure is not allowed under this
provision.
ii. The Department must respond to applications within sixty (60)
days unless stopped by mutual agreement of both parties or upon
notification that an application in incomplete if notice is given
within thirty (30) days of application submission. The timeframe
begins to run when an application is first submitted, not when it is
deemed complete by the Department.
iii. For antenna support structures outside of public rights-of-way:
increases in the height of the antenna support structures are
allowed provided the increase is not more than twenty (20) feet or
ten (10) percent, whichever is greater. Changes in height are
cumulative and are measured from the tower or base station as
originally approved.
iv. For antenna support structures in public rights-of-way: increases in
the height of the tower are allowed provided the increase is not
more than ten (10) feet or ten (10) percent, whichever is greater.
Changes in height are cumulative and are measured from the tower
or base station as originally approved.
v. For antenna support structures outside the public rights-of-way: an
antenna is allowed to protrude from the edge of the tower provided
it doesn’t protrude twenty (20) feet or more than the width of the
tower at the level of the appurtenance.
vi. For antenna support structures inside the public rights-of-way and
all base stations: an antenna is allowed to protrude from the edge
of the structure provided it doesn’t protrude more than six (6) feet.
vii. Installation of up to four (4) new equipment cabinets for the
technology involved for the collocation is allowed.
viii. Excavation or construction outside of the current site of the
antenna support structure or base station is not allowed.
ix. The addition or replacement of antennas and/or the placement of
associated equipment cannot defeat stealth elements of the tower
or base station.
x. The tower must be in compliance with existing conditions
associated with prior approval of the tower or base station unless
the non-compliance is due to an increase in height, increase in
width, addition of cabinets or new excavation that does not exceed
the thresholds listed in this section.
(3) Permitted and Accessory Uses
(a) Radio and Television receiving antennas and satellite dish antennas shall
be permitted in all districtsthe OAA and shall not require any permit
provided the following standards are met:
i. The maximum support structure height shall be seventy five (75)
feet and all other standards contained in this Subdivision Section
7.27.2 of this Ordinance shall be met.
ii. Any antenna or antenna support structure not located on a building
shall be located in the rear yard, no closer to any property line than
the height of the structure.
iii. The installation of more than one (1) support structure per property
shall require the approval of a conditional use permit.
iv. Satellite dish antennas larger than two (2) meters in diameter shall
meet all building setback requirements, and satellite dishes over
three (3) meters in diameter are prohibited in all residential
districts.
(b) Private short wave radio antennas and other private radio transmitting or
receiving antennas are allowed in all districtsthe OAA by conditional use
permit, provided that the following standards are met:
i. The maximum support structure height shall be seventy five (75)
feet and all other standards contained in Section 7.27.2 of this
Subdivision Ordinance shall be met.
ii. A construction site permit shall be required in accordance with
Section 4.11 of this Ordinance.
iii. Radio support structures (towers) shall be installed in accordance
with the instructions furnished by the manufacturer of that tower
model. Antennas mounted on such tower may be modified or
changed at any time so long as the published allowable load on the
tower is not exceeded and the structure of the tower remains in
accordance with the manufacturer’s specifications.
iv. Any antenna or antenna support structure not located on a building
shall be located in the yard, no closer to any property line than the
height of the structure.
(c) Commercial and Public Radio and Television Transmitting Antennas and
Public Utility Microwave Antennas shall be allowed in the Industrial
zoning districtsOAA by conditional use permit subject to the following:
i. The antennas shall be considered an allowed conditional use
subject to the procedures set forth in Section 4.8 of this
OrdinanceCity of St. Joseph Zoning Code and all other applicable
requirements of this Ordinance.
ii. Any antenna or transmitting tower shall be located on a continuous
parcel having a dimension equal to the height of the antenna or
transmitting tower measured from the base of the antenna or tower
located nearest a property line and said property line, unless a
registered structural engineer specifies in writing that the collapse
of any antenna or tower will occur within a lesser distance under
all foreseeable circumstances.
(d) Single or multiple tower AM radio transmitting antennas shall be allowed
in the A-160, A-80 and A-40 zoning districts, subject to the following:
i. The AM radio transmitting antennas shall be considered an allowed
conditional use subject to the procedures set forth in Section 4.8 of this
Ordinance and all other applicable requirements of this Ordinance;
ii. Any AM transmitting antenna or transmitting tower shall be located on a
continuous parcel having a dimension at least equal to the height of the
antenna or transmitting tower as measured from the base of the antenna or
tower located nearest a property line to said property line, unless a
registered structural engineer specifies in writing that the collapse of any
antenna or tower will occur within a lesser distance under all foreseeable
circumstances;
iii. Single or multiple tower AM radio transmitting antennas are subject to the
general standards found in Section 7.27.2 of this Ordinance and the
standards and requirements found in Section 7.27.5 of this Ordinance,
with the exception that Sections 7.27.5 A(3) and B(3) shall not apply.
(4) Personal Wireless Service and Microwave Antennas
(a) Transition (T-20), Residential (R-20, R-10, R-5, R-1), Rural Townsite
(RT), Scenic River (SR), Residential Manufactured Home District (RMH),
Educational/Ecclesiastical (EE) and Shoreland Overlay DistrictIn the
OAA:
i. Antennas and support structures shall not exceed seventy five (75)
feet in height in the T-20, R-20, R-10, R-5, R-1, RT, SR, RMH and
EE District and the Shoreland Overlay District.
ii. Commercial antennas (other than co-location) and support
structures of any type shall require a conditional use permit and be
subject to all requirements for a conditional use permit including
the requirements contained in Section 7.27.5 of this Ordinance.
iii. Any antenna or antenna support structure not located on a building
shall be located in the rear yard, no closer to any property line than
the height of the structure.
(b) Agricultural (A-160, A-80 and A-40) Districts:
i. The Director may issue a construction site permit for any antenna support
structure equal to or less than one hundred thirty (130) feet in height, or
for any antenna to be located upon an existing building or structure which
does not exceed fifteen (15) feet above the permitted structure height.
ii. A conditional use permit shall be required for any antenna or support
structure over one hundred thirty (130) feet in height. No structure shall
be located closer to any property line than the height of the structure.
(c) Commercial (C) and Industrial (I) Districts:
i. The Director may issue a construction site permit for any antenna
support structure equal to or less than one hundred thirty (130) feet
in height, , or for any antenna to be located upon an existing
building or structure which does not exceed fifteen (15) feet in
height above the permitted structure height.
ii. A conditional use permit shall be required for any antenna or
support structure over one hundred thirty (130) feet in height. No
structure shall be located closer to any property line than one-half
the height of the structure. Exceptions to such setback may be
granted if a structural engineer licensed in Minnesota specifies in
writing that any failure or collapse of the structure will occur
within a lesser distance under all foreseeable circumstances.
(5) Standards and Requirements for Conditional Use Permits
(a) Information Required with Conditional Use Permit Application. In
addition to any information required for a conditional use permit under the
provisions of Section 4.8.1 of this Ordinance, no application for an
antenna shall be complete unless the following data has been provided:
i. Documentation of the area to be served, including a search ring for
the antenna location. A narrative describing a search ring (with not
less than a ¼ mile radius) for the request clearly explaining why
the site was selected and what existing (over one hundred (100)
feet in height) structures were available and why they are not
suitable as locations or co-locations.
ii. Documentation that the intended communications equipment for
the proposed structure cannot be accommodated on any existing or
approved structure within the search ring of the service area due to
one or more of the following reasons:
A. The intended equipment would exceed the structural
capacity of the existing or approved structure or building,
as documented by a qualified structural engineer and the
existing or approved structure cannot be reinforced or
modified to accommodate planned equipment at a
reasonable cost or within a reasonable time; or
B. The intended equipment would cause interference with
other existing or planned equipment at location as
documented by a qualified radio frequency engineer, and
the interference cannot be prevented at a reasonable cost; or
C. No existing or approved structures or buildings within one-
half (½) mile radius meet the radio frequency design
criteria; or
D. Existing or approved structures and buildings within one-
half (½) mile radius cannot accommodate the planned
equipment at a height necessary to function reasonably as
documented by a qualified radio frequency engineer; or
E. A good faith effort to co-locate on existing structures
within a one-half (½) mile radius was made, but an
agreement could not be reached.
iii. An agreement stating that structures over one hundred thirty (130)
feet in height will be designed for not less than three (3) users
(including the applicant) with applicant and property owner
commitment to co-location on reasonable market terms in good
faith. Any prohibition of additional users on a tower will be
considered a violation of the conditional use permit. The
agreement shall also include a statement that any unused or
obsolete tower shall be removed by the property owner and/or
applicant. Said agreement shall be signed by the applicant and the
property owner and shall be attached to, and become a part of, the
permit.
(b) Standards and Conditions. In addition to any conditions included as a
result of the process of issuing a conditional use permit, the following
standards shall apply to all antennas and support structures unless
specifically waived by the Board:
i. Antennas and support structures shall be certified by a qualified
and licensed professional engineer to conform to the latest
structural standards of the Uniform Building Code and all other
applicable codes. Antennas shall be designed to conform to
accepted electrical engineering methods and practices and to
comply with the provisions of the National Electrical Code; or
successor Code.
ii. Antenna support structures shall be constructed of, or treated with,
corrosion resistant material.
iii. Any proposed support structure over one hundred thirty (130) feet
in height shall be designed, in all respects, to accommodate both
the applicant’s antennas and comparable antennas for at least two
(2) additional users. To allow for future rearrangement of
antennas, the structure shall be designed to accept antennas
mounted at no less than ten (10) foot intervals. Support structures
less than one hundred thirty (130) feet and greater than seventy
five (75) feet in height shall be designed for a total of two (2)
users.
iv. All support structures shall be reasonably protected against
unauthorized climbing. The bottom of the structure (measured
from ground level to twelve (12) feet above ground level) shall be
designed in a manner to preclude unauthorized climbing and shall
be enclosed with a minimum of an eight (8) foot high chain link
fence with a locked gate.
v. All antennas and support structures shall utilize building materials,
colors, textures, screening and landscaping that blend to the tower
facilities within the surrounding natural setting and environment to
the greatest extent possible.
vi. No part of any antenna or support structure, nor any lines, cables,
equipment, wires or braces shall at any time extend across or over
any part of the right-of-way, public street, highway or sidewalk,
unless specifically approved by the Board or otherwise provided
for in this Ordinance.
Subd. 26: Temporary Dwelling during Construction. No accessory building shall be used
at any time as a dwelling unit, except that an accessory building may be occupied as a temporary
dwelling for a period of not more than six (6) months if construction of a permanent dwelling is
actually under construction during occupancy of the accessory building and further that the
accessory building is provided with garage doors.
Subd. 27: Temporary Uses/Special Events. Except as provided in this Section, the
following temporary uses and special events shall be permitted in all zoning districtsin the OAA
by interim use permit and provided such temporary use or special event complies with the
regulations of the zoning district in which the property is located and all other applicable
regulations of this Ordinance are complied with:
(1) Garage sales shall be limited to a total of ten (10) days of operation per calendar
year at any residential location.
(2) Storage of building materials and equipment or temporary buildings for
construction purposes may be located on the site under construction for the
duration of the construction or a period of one (1) year, whichever is less.
(3) Temporary amusement events, including the erection of tents for such events,
may be allowed as a temporary use for a maximum of fifteen (15) days per
calendar year. In residential districts, such temporary amusement events shall be
located on institutional or public property only. Additionally, temporary
amusement events shall be subject to the provisions of Stearns County Ordinance
Number 18, or successor ordinance.
(4) Promotional activities including outdoor sales and display may be allowed as a
temporary use in Commercial and Industrial districts for a maximum of thirty (30)
days per calendar year. Such sales and display may also be conducted within a
tent or other temporary structure.
(5) In addition to the temporary uses and special events listed above, the
DirectorJoint Planning Board may allow other temporary uses or special events
for a maximum of fifteen (15) days per calendar year, provided that the proposed
temporary use or special event is substantially similar to the temporary uses and
special events listed above.
Subd. 28: Traffic Visibility. Nothing shall be placed or allowed to grow on corner lots in
such a manner as to impede vision on the intersecting roadways. A clear line of vision between
two and one-half (2.5) feet and ten (10) feet above the centerline grades of the intersecting
roadways shall be maintained from the intersection to a distance of fifty (50) feet along each
roadway (sight triangle).
Subd. 29: Trash Enclosures. Trash enclosures or recycling collection areas, when
provided for any property other than one containing residential uses, shall be enclosed on at least
three sides by a neutral colored fence or other screening material that is eighty (80) percent
opaque on a year around basis to a height of at least six (6) feet. The open side of the enclosure
shall not face any street or the front yard of any abutting property.
Subd. 30: Zoning Standards for Placement of Structures. These standards are adopted for
the purposes of reducing the impact of development on tillable farmland, for limiting rural/urban
conflict, for preserving the rural character of the County, for protecting natural resources and for
protecting the investment made in farm related infrastructure. These standards apply in the A-
160, A-80 and A-40 primary zoning districts and in the Natural Resource Conservation Design
Overlay but do not apply to tracts ten (10) acres or less in size created prior to January 27, 2005.
(1) Standards for Agricultural Zoning Districts. Structures that are placed on lots
consistent with the provisions of Section 9 of this Ordinance and that are located in an
agricultural zoning district, but not located within a Natural Resource Conservation Design
Overlay, must comply with the following standards:
(a) A conditional use permit, subject to the standards of Section 4.8 of this Ordinance, is
required for proposed residential dwellings, residential accessory structures and agricultural
accessory structures, in those instances where all of the land being proposed to be built upon has
a LESA score of sixty five (65) or more, or for an expansion of a building envelope previously
designed under the provisions of Section 7.32.1 C of this Ordinance, unless one of the following
conditions are met:
i. the proposed residential dwelling, residential accessory structure or agricultural accessory
structure will be located wholly or partly within one hundred fifty (150) feet of an existing
structure on the parcel on which the residential dwelling, residential accessory structure or
agricultural accessory structure is being proposed; or
ii. after evaluating site conditions, the Department issues a finding of fact that the location
of the proposed structure will have no or minimal impact upon the underlying tillable farmland
and a building envelope is designated that is in conformance with the building envelope
standards of Section 7.32.1C of this Ordinance; or
iii. the proposed structure is within a Natural Resource Overlay, as described in Section 10.3
of this Ordinance.
(b) Exemptions from Conditional Use Permit. The following do not require a Conditional
Use Permit:
i. Lots that have been platted pursuant to Stearns County Ordinance Number 230; or
successor Ordinance;
ii. Replacement structures are exempt.
(c) Delineated building envelope required when no existing buildings on the parcel. Each
residential dwelling unit and all accessory structures and uses proposed on a parcel that does not
have any buildings must be located within a delineated building envelope on the parcel. Parcels
with a LESA score of less than sixty-five (65) are not subject to a Conditional Use Permit but
must identify a building envelope. See Appendix E of this Ordinance for an illustration of this
requirement. The building envelope must be consistent with the following standards:
i. Residential dwelling units, accessory structures and driveways shall be located to avoid
impacts on agricultural infrastructure, tillable farmland, highly productive soils and shall be sited
on a parcel in a manner which minimizes the amount of productive agricultural and forest land
which is converted to the proposed use.
ii. The location of the residential dwelling unit, accessory structure and driveway shall be
buffered from adjacent agricultural lands and infrastructure by means of distance, topography,
vegetative screening or other measures as approved by the Director and/or the Board
iii. Tree removal, impact on wetlands, storm water drainage, erosion risk and impact on
adjoining land uses shall be mitigated to have the least amount of impact on these resources. The
building envelope shall not be larger than two (2) acres where the primary use is residential or
other non-agricultural use. Where the primary use is agricultural, building envelopes can exceed
two (2) acres.
7.32.2 Standards for Natural Resource Conservation Design Overlay
Structures that are placed on lots consistent with the provisions of Section 9 of this Ordinance
and that are located within a Natural Resource Conservation Design Overlay, must comply with
the following standards:
A. A conditional use permit, subject to the standards of Section 4.8 of this Ordinance, is
required for proposed residential dwellings, residential accessory structures and agricultural
accessory structures in those instances where the land being proposed to be built upon is located
within a Natural Resource Conservation Design Overlay, or for an expansion of a building
envelope previously designed under the provisions of Section 7.32.2 C of this Ordinance, unless
one of the following conditions are met:
(1) the proposed residential dwelling, residential accessory structure or agricultural accessory
structure will be located wholly or partly within one hundred fifty (150) feet of an existing
structure on the parcel on which the residential dwelling, residential accessory structure or
agricultural accessory structure is being proposed; or
(2) after evaluating site conditions, the Department issues a finding of fact that the location
of the proposed structure will have no or minimal impact on the priority natural resources
identified in the Township natural resource overlay plan and will avoid fragmentation of natural
areas and wildlife habitat on the building lot and adjacent parcels and a building envelope is
designated that is in conformance with the building envelope standards of Section 7.32.2 C of
this Ordinance
B. Exemptions from Conditional Use Permit. The following do not require a conditional use
permit:
(1) Replacement structures are exempt
C. Building Envelope Required. A building envelope must be delineated that is in
conformance with the building envelope standards of Section 7.32.2E of this Ordinance for all
proposed residential dwellings, residential accessory structures and agricultural accessory
structures.
D. Exemption. No new building envelope is required under the
following circumstances:
(1) The proposed building is a residential accessory structure or agricultural accessory
structure and will be located wholly or partly within one hundred fifty (150) feet of an existing
structure on the parcel on which the residential accessory structure or agricultural accessory
structure is being proposed; or
(2) A building envelope was previously approved under the natural resource conservation
design subdivision standards of Section 7.6 of this Ordinance.
E. Delineated building envelope standards. Each proposed residential dwelling unit and all
accessory structures and uses must be located within a delineated building envelope on the
parcel. See Appendix E of this Ordinance for an illustration of this requirement. The building
envelope must be consistent with the following natural resource protection standards.
(1) Location of building envelope. The building envelope and all residential dwelling units,
accessory structures and driveways shall be located to avoid impacts on priority natural resources
identified in the Township natural resource overlay plan and to avoid fragmentation of natural
areas and wildlife habitat on the building lot and adjacent parcels. The building envelope shall
not be larger than two (2) acres where the primary use is residential or other non-agricultural use.
Where the primary use is agricultural, building envelopes can exceed two (2) acres.
Considerations for placing the building envelope shall include the following:
(a) Protecting the lot’s natural vegetative covering, including trees, native grassland,
meadows or wetlands;
(b) Protecting County Biological Survey Sites or other natural habitat designation by the
Township, County or DNR;
(c) Avoiding shore and bluff impact zones;
(d) Limiting ground disturbances on steep slopes.
(2) Proximity to existing infrastructure. The proposed use shall be located in close proximity
to existing structures, roads and infrastructure whenever possible and appropriate.
(3) New Infrastructure. Roads, wastewater treatment systems, electric and communications
lines and other infrastructure shall be located to be consistent with the Township’s natural
resource overlay plan.
(4) Visual impacts. Locating the residential dwelling unit, accessory structures and
driveways within the building envelope shall incorporate existing visual buffers or incorporate
new landscaping to maintain rural character and natural views from public roads or public
vantage points.
(5) Mitigation of impacts. Mitigation standards and priorities identified in the Township’s
natural resource overlay plan and all zoning or performance standards shall guide mitigation
requirements. Mitigation is required for: tree removal; impact on wetlands, storm water drainage
and infiltration and shoreland areas; erosion risk; fragmentation of wildlife habitat; impact to
County Biological Survey sites. Impact on adjoining land uses shall be mitigated to have the
least amount of impact on these resources.
(6) Agricultural resources. In areas with an agricultural base zoning district, the building
envelope shall avoid agricultural infrastructure, tillable farmland, highly productive soils and
shall be sited on a parcel in a manner which minimizes the amount of productive agricultural
land which is converted to the proposed use. The Department shall grant an exemption to this
requirement when, after evaluating site conditions, the Department determines that natural
resource protection requires the use of productive agricultural lands for the building envelope.
Approved the ___ day of _______________, 2017, by the Town Board of the Town of St.
Joseph.
__________________________________
Chair
__________________________________
Anna Reischl, Clerk
Approved the ___ day of _______________, 2017, by the City Council of the City of St. Joseph.
__________________________________
Rick Schultz, Mayor
__________________________________
Judy Weyrens, Administrator
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THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH
JOINT RESOLUTION RE
ORDERLY ANNEXATION AREA LAND USE REGULATIONS
Whereas, the Township of St. Joseph (“Township”) and the City of St. Joseph (“City”) (collectively the
“Parties”) entered into an Orderly Annexation Agreement in 2006, which agreement was amended by
the parties in 2010 and 2015 (the “OAA”);
Whereas, the OAA provided for the establishment of a Joint Planning Board to serve as the “governing
body” and “board of appeals and adjustments” within the orderly annexation area;
Whereas the OAA established the zoning to be applied by the Joint Planning Board in a Memorandum of
Understanding between the Parties;
Whereas the Parties desire that the Joint Planning Board shall enact Land Use Regulations as set forth in
Exhibit A hereto; and
Whereas the Parties desire that the terms of this Joint Resolution shall replace the Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED, by the City and the Township as follows:
1. The City and Township establish this resolution as their joint powers agreement under
Minnesota Statutes Section 462.371 and Section 417.59 to conduct regional planning under the
Municipal Planning Act in accordance with the terms of the OAA.
2. The Joint Planning board is an eight-member board, consisting of four members from St. Joseph
Township and four members from the City of St. Joseph and has final authority on all land use matters in
the orderly annexation area.
3. The City will act as the Zoning Administrator, reviewing and overseeing all relevant zoning
related matters in the orderly annexation area. The City will review applications for sufficiency,
determine the level of approval necessary for the application, collect application fees, and will provide
recommendations to the Joint Planning Board for its consideration. The City shall provide copies of
applications to the Township’s designated land use official for review and comment. The City will set
the public hearing for the Joint Planning Board by sending out property owner notifications on joint
City/Township letterhead. The City will send the notification to the designated legal publication site.
The Township and the City will post the public hearing in their respective jurisdictions. The City will
administer and enforce all provisions of the Land Use Regulations.
4. The land use controls for the orderly annexation area shall be the Land Use Regulations
attached hereto as Exhibit A, which may be amended from time to time. The parties shall each adopt
the Land Use Regulations by ordinance. The procedural provisions of the City of St. Joseph Zoning Code
shall be applied unless otherwise provided in the Land Use Regulations.
5. The Township will provide building, fire, and electrical code inspection services in the orderly
annexation area.
6. Except as otherwise specified in the Land Use Regulations, Stearns County regulations shall
apply to the orderly annexation area.
7. No property within the orderly annexation area shall be rezoned prior to annexation without the
approval of both the City and the Township.
8. The Joint Planning Board shall be scheduled to meet bi-monthly on an as needed basis. The
Township and the City shall establish fees for regular and special meetings of the Joint Planning Board.
9. The Joint Planning Board will serve as the board of Adjustment in the OA area and shall hold the
public hearings on all applications for conditional use/interim use permits, variances, rezonings, text
amendments to the Land Use Regulations, administrative subdivisions and administrative appeals.
Except for rezonings and text amendments, the Joint Planning Board will have final authority on all
matters listed above except that any aggrieved person or persons shall have the right to appeal within
thirty (30) days, after receipt of notice of the decision, to the Stearns County District Court. The Joint
Planning Board shall serve as an advisory board and shall make recommendations on rezonings and text
amendments which shall be submitted to the Township and the City for final decision. Rezonings and
text amendments shall require the approval of both the Township and the City at a joint meeting.
10. The City will staff the Joint Planning Board meetings. The City will prepare agendas, take the
minutes of the meetings, and handle the appropriate paper work associated with the meeting including
notifying and recording the necessary permits associated with the action of the Joint Planning Board.
11. Stearns County will issue site construction permits. Stearns County will review any preliminary
plat application with the Stearns County Platting Committee prior to consideration by the Joint Planning
Board. The Committee will provide notice of the meeting to the City and Township.
12. The City will issue preliminary enforcement letters to anyone not in compliance with the
provisions set forth in zoning regulations or any other additional restrictions established by the Joint
Planning Board. Further enforcement actions will be brought before the Joint Planning Board. Any
relevant information will be forwarded to the Township and the City.
13. The Township shall issue all building permits, and conduct building inspections for each permit
issued. The Township will provide the City will copies of permits and inspection reports for any permit
issued therefore on a monthly basis.
14. Any inconsistencies within the OA area will be brought to the attention of the Joint Planning
Board for resolution.
15. Any ordinance revisions affecting the OA area shall be reviewed by the Joint Planning Board
prior to adoption.
16. The Joint Planning Board shall regularly review the City of St. Joseph Comprehensive Plan.
17. This Memorandum of Understanding may be terminated by mutual agreement, however, if the
parties are unable to mutually agree, then any party can unilaterally without cause terminate the
Memorandum of Understanding on ninety (90) days written notice.
18. The parties shall obtain liability coverage for the activities to be conducted by the Joint Planning
Board. The cost of such coverage shall be split equally by the City, the county and the Town.
19. Upon adoption of this Resolution, the Memorandum of Understanding shall hereby be
rescinded and superseded by this Resolution.
Approved the ___ day of _______________, 2017, by the Town Board of the Town of St. Joseph.
__________________________________
Chair
__________________________________
Anna Reischl, Clerk
Approved the ___ day of _______________, 2017, by the City Council of the City of St. Joseph.
__________________________________
Rick Schultz, Mayor
__________________________________
Judy Weyrens, Administrator
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