HomeMy WebLinkAboutWashington County Land Use - 1997 _ORDINANCES : Washington County
1 1997 Land Use
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I
COiWAShINGTON
the Use of Lan . the
An Ordinance Regulating s au��oi�zed by
I by Distri_
County of Washington, � ��•
I Minnesota Statute Sections 394.21 to 394;37 as ollows:
1 Chapter One Administratio• ° x
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Chapter Two Zoning Ma
Dis • d Uses
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Chapter Three Densi . Lot Requirement
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Chapter Four airPe ormance s ds
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IF-
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I For Public Hearing
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Action on May 27, 1997
Commission
Ding Advisory on June 24, 1997
1 � county Board Appr07,1
oval for Public Hearing
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" This draft continues to be subject to change
in both format and content.
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CHAPTER ONE
IADMINISTRATION
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Table of Contents
SECTION 1. TITLE 1
ISECTION 2. INTENT AND PURPOSE 1
ISECTION 3. DEFINITIONS 3
SECTION 4. RULES OF INTERPRETATION 33
ISECTION 5. COMPLIANCE 34
ISECTION 6. ADMINISTRATOR 35
SECTION 7. APPEALS AND VARIANCES 36
I 7.1 Board of Adjustment and Appeals 36
7.2 Board Membership and Meetings 36
7.3 Administrative Appeals 39
I 7.4 Variances 40
7.5 Official Map 41
7.6 Judicial Appeals 42
ISECTION 8. PLAT COMMISSION 42
8.1 Washington County Plat Commission 42
I 8.2 Commission Membership and Meetings 43
8.3 Notice and Hearing Procedure 44
I SECTION 9. PLANNING ADVISORY COMMISSION 44
9.1 Washington County Planning Advisory Commission 44
9.2 Commission Membership and Meetings. 45
ISECTION 10. CONDITIONAL USES 46
10.1 Application 46
I 10.2 Notice and Hearing Procedure 48
10.3 Criteria for Granting Conditional Use Permit 49
10.4 Compliance 50
10.5 Length of Conditional Use 50
I 10.6 Expiration of Conditional Use Permit 50
10.7 Revocation 50
I 10.8 Records of Conditional Uses 51
10.9 Amended Conditional Use Permits 51
10.10 Reapplication 52
10.11 Planning Commission Decision and Appeal 52
I10.12 Phased Developments 52
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SECTION 11. CERTIFICATES OF COMPLIANCE 53
I 11.1 Application 53
11.2 Compliance 53
11.3 Issuance and Conditions 53
I 11.4 Record of Certificates of Compliance 53
11.5 Appeals to Denial of Certificates of Compliance 53
11.6 Expiration of Certificates of Compliance 54
11.7 Revocation 54
SECTION 12. OTHER PERMITS 54
I 12.1 Building Permits 54
12.2 On-Site Waste Disposal Permits 55
12.3 Driveway Access Permits 55
I12.9 Zoning Permits 55
SECTION 13. ENVIRONMENTAL ASSESSMENT OR IMPACT STATEMENTS 56
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I SECTION 14. NONCONFORMITIES 57
14.1 Nonconforming Situations 57
14.2 Nonconforming Use. 57
I14.3 Nonconforming Structure. 58
14.4 Nonconforming Lots 59
ISECTION 15. AMENDMENTS TO THE COUNTY ORDINANCE& COMPREHENSIVE PLAN 61
SECTION 16. ENFORCEMENT 61
I 16.1 Violations 61
16.2 Penalties 61
16.3 Application to County Personnel 61
I16.4 Equitable Relief 61
iWashington County Zoning Ordinance • Chapter One • Administration
rCommentary/Interpretive AN ORDINANCE REGULATING THE USE OF LAND IN THE
Purposes Only COUNTY OF WASHINGTON, BY DISTRICT,
AS AUTHORIZED BY MINNESOTA STATUTE
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SECTIONS 394.21 TO 394.37 AS AMENDED
CHAPTER ONE
IADMINISTRATION
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SECTION 1. TITLE
1 The Development Code has twelve 1.1 Pursuant to MSA Ch 394,Washington County has adopted official
Chapters. controls for the purposes of regulating the physical development of
land in the unincorporated areas of the County. These official
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controls are compiled into and hereafter known as the Washington
County Development Code and consists of the following chapters
each adopted by Ordinance.:
(1) Chapter One Administration
(2) Chapter Two Zoning Maps,Districts and Uses
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(3) Chapter Three Density and Lot Requirements
(4) Chapter Four Performance Standards
(5) Chapter Five Subdivision Regulations
I (6) Chapter Six Saint Croix River Overlay and
Regulations
(7) Chapter Seven Shoreland Overlay and Regulations
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(8)
(9) Chapter Eight On-Site Sewer System Regulations
Chapter Nine 201 System Regulations
(10) Chapter Ten Mining Regulations
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(11) Chapter Eleven Floodplain Regulations
(12) Chapter Twelve Official Map Regulations
ISECTION 2. INTENT AND PURPOSE
IThe Development Code is intended 2.1 This Ordinance is adopted for the following purposes:
to preserve and protect natural
resources and the environment, and (1) To implement the policies established in the Washington
Ito guide development in the County Comprehensive Plan.
unincorporated areas of the County.
(2) To stage development and redevelopment to coincide with
the availability of necessary public services.
(3) To divide the unincorporated areas of the County into
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zoning districts.
(4) To define the allowable uses in zoning districts within the
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unincorporated areas of the County.
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(5) To regulate the location, construction,reconstruction,
alteration and use of structures and land within the
unincorporated areas of the County.
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(6) To provide for the compatibility of different land uses and
the most appropriate use of land throughout the County. '
(7) To regulate uses or development in Shoreland, Saint Croix
River Bluffland and Shoreland and Floodplain areas by
creating overlay districts with additional regulations
applicable to land and structures located within those
districts.
(8) To regulate the placement of sanitary and waste treatment
facilities on land. ,
(9) To conserve and protect natural resources and maintain a
high standard of environmental quality. '
(10) To regulate the placement of structures in flood prone
areas. '
(11) To regulate alterations of natural vegetation and
topography.
(12) To provide a varietyin housing.
o using.
(13) To preserve and protect the rural character,natural
landscape, and natural and scenic beauty of the County.
(14) To limit congestion on public roads and to foster public
safety and convenience in travel and transportation.
(15) To provide protection against fire, explosions,noxious '
fumes, and other hazards in the interest of public health,
safety and comfort.
(16) To prevent environmental pollution and to protect surface
and groundwaters from contamination.
(17) To preserve the value of land and value of s
tructures
throughout the County.
(18) To protect and preserve viable agricultural
land.
(19) To provide for the wise use and conservation of energy '
resources.
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Washington County Zoning Ordinance • Chapter One • Administration
(20) To provide for the gradual and equitable elimination of
those uses of land and structures,which do not conform to
' the standards for the area in which they are located.
(21) To provide for the orderly, economic and safe removal and
' processing of sand, gravel,rock, soil and other material.
(22) To provide for the orderly development of land through
' subdivision regulation.
(23) To protect areas needed for future public use from further
' development through Official Maps.
(24) To provide for the enforcement of this Ordinance and to
define and limit the powers and duties of the
administrative officers and bodies responsible therefor.
SECTION 3. DEFINITIONS
These terms or words used in the 3.1 For the e purpose of this Ordinance,certain words and phrases are
ordinance. This section clarfes defined as follows
' how the County is defining these
terms or words. (1) Accessory Apartment: A secondary dwelling unit within
' an existing owner-occupied single family dwelling unit for
use as a complete independent living facility. A density
unit is not attributed to this dwelling unit when calculating
' density.
(2) Accessory Building: A detached single-story building
greater than 120 square feet in size used or intended to be
' used for the storage of personal property or for agricultural
purposes.
' (3) Accessory Use: A use incidental or subordinate to the
principal use of the same land.
' (4) Administrator: The County Zoning Administrator who is
the Department of Health,Environment and Land
Management.
(5) Agricultural Building: A structure on agricultural land
designed, constructed,and used to house farm implements,
' livestock or agricultural produce or products used by the
owner, lessee or sublessee of the building and members of
their immediate families,their employees and persons
' engaged in the pickup or delivery of agricultural produce
or products.
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Washington County Zoning Ordinance • Chapter One • Administration
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(6) Agricultural-Business. Seasonal: A seasonal business not
exceeding six months in any calendar year operated on a
rural farm as defined offering for sale to the general
public,produce or any derivative thereof, grown or raised
on the property.
(7) Agricultural Use: Land whose use is devoted to the
production for sale of livestock,dairy animals,dairy
products,poultry,poultry products,fur bearing animals,
horticulture and nursery stock,fruit of all kinds,
vegetables,forage,grains,bees and apiary products. This
activity does not need to be the principal source of income.
(8) Alteration: To change or make different;to remodel or
modify.
(9) Animal Unit: A unit of measure used to compare
differences in the production of animal wastes which has a
standard as the amount of waste produced on a regular
basis by a slaughter steer or heifer.
(10) Animals.Domestic Farm: Cattle,hogs,horses,bees,
sheep,goats,chickens and other animals commonly kept
for commercial food producing purposes. '
(11) Animals.Domestic Pets: Dogs,cats,birds and similar
animals commonly kept in a residence. Animals
considered wild,exotic or non-domestic, such as bears,
lions,wolves,ocelots and similar animals shall not be
considered domestic pets. ,
(12) Antenna: That portion of any equipment used to radiate or
receive radio frequency energy for transmitting or
receiving radio or television waves. Antennas may consist
of metal,carbon fibre, or other electromagnetically
conductive rods or elements.Antennas are regulated to the
extent the regulations are not preempted by the Federal
Communications Commission.
(13) Apartment: A room or suite of rooms with cooking '
facilities designed to be occupied as a residency by a
single family.
(14) Appraised Valuation: The market value of a structure as
determined by the current records of the County Assessor.
(15) Area.Net Developable: Those lands within a development
parcel remaining after the deletion of flood plains,
wetlands, slopes greater than twenty-five percent(25%),
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unbuildable easements or rights-of-way, and required
building setbacks.
' (16) Attorney: The County Attorney.
' (17) Automotive Dealership: An automotive dealership is any
place where automobiles are sold to the general public.
Business activities accessory to this retail use include
motor vehicle repair, fuel dispensing,and the rental of
vehicles.
(18) Balloon Port.Commercial: An area of land designated for
' the takeoff, storage and maintenance of hot air balloons on
a commercial basis.
(19) Basement: Any floor level below the first story in a
building,except that a floor level in a building having only
one floor level shall be classified as a basement unless
such floor level qualifies as a first story as defined in the
Building Code.
' (20) Bed and Breakfast Inn: An owner-occupied private home
where accommodations are offered for one or more nights
to transients; in addition,a breakfast meal is served on the
' premises to no more than ten(10)persons.
(21) Board of Adjustment and Appeals: A judicial type body
appointed by the County Board to hear administrative
appeals, requests for variances,and requests for building
permits in Official Map Areas.
' (22) Boarding House: A building other than a motel or hotel
where,for compensation and by prearrangement for
definite periods, meals or lodging are provided for three
(3)or more unrelated persons, but not to exceed eight(8)
persons.
(23) Buffer: A strip of land intended to create physical
separation between potentially incompatible uses of land.
' (24) Buildable Land: Land with a slope less than 25 percent,
and outside of any required setbacks, except that on a
' natural environment lake where a 200 foot structure
setback is required,the buildable area calculation would be
measured from a 150 foot setback rather than the required
200 foot setback; and above any floodway,drainageway,
or drainage easement.
(25) Building: Any structure,either temporary or permanent,
' having a roof and used or built for the shelter or enclosure
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Washington CountyZoning
gt Ordinance • Chapter One • Administration
of any person,animal or property of any kind. When any
portion thereof is completely separated from every other
part thereof by area separation, each portion of such
building shall be deemed as a separate building.
(26) Building Code: The Minnesota State Building Code.
(27) Building Height: The vertical distance above a reference
datum measured to the highest point of the coping of a flat
roof or to the deck line of a mansard roof or to the average
height of the highest gable of a pitched or hipped roof.
The reference datum shall be selected by either of the
following,whichever yields a greater height of the
building:
(A) The elevation of the highest adjoining sidewalk or
ground surface within a 5 foot horizontal distance
of the exterior wall of the building when such
sidewalk or ground surface is not more than 10
feet above lowest grade.
(B) An elevation 10 feet higher than the lowest grade
when the sidewalk or ground surface described in
Item A above is more than 10 feet above the
lowest grade. '
The height of a stepped or terraced building is the
maximum height of any segment of the building.
(28) Building Official: The designated authority charged with
the administration and enforcement of the State Building 111Code.
(29) Building Permit: A permit required from the responsible
governmental agency before any site work,construction or
alteration to structures can be started.
(30) Building Setback Line: A line within a lot parallel to a
public right-of-way line, a side or rear lot line,a bluffline
or a high water mark or line,behind which buildings or
structures must be placed.
(31) Building Setback: The minimum horizontal distance
between the building and the lot line.
(32) Business: Any occupation,employment or enterprise
wherein merchandise is exhibited or sold,or where
services are offered for compensation.
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(33) Car Wash: A building or area that provides hand or
machine operated facilities for washing and cleaning
' motor vehicles.
(34) Cellar: Any floor level below the first story in a building,
' except that a floor level in a building having only one floor
level shall be classified as a basement unless such floor
level qualifies as a first story as defined in the Building
' Code.
(35) Cemetery: Land used or intended to be used for the burial
' of the dead and dedicated for cemetery purposes and
including,but not limited to,columbariums,mausoleums
and chapels when operated in conjunction with and
' withing the boundaries of such cemetery.
(36) Certificate of Compliance: See Chapter 1, Section 11.
' (37) Certificate of Occupancy: A certificate issued by the
building official authorizing the use or occupancy of a
building or structure.
(38) Club or Lodge: A non-profit association
P of persons who
are members memberspaying andannual theiduesr guests.use Itpremshall beises being
permissible to serve food and meals on such premises
providing adequate dining room for the purpose of serving
food and meals and providing further that such serving of
alcoholic beverages in compliance with the applicable
federal, state and local laws.
1 (39) Columbarium: A structure,room, or other space in a
building or structure containing niches for inurnment of
cremated remains in a place used, or intended to be used,
and dedicated for cemetery purposes.
' (40) Commercial Food Producing Farm Operations: See"Farm,
Rural"definition.
(41) Commercial/Light Industrial-Rural: See Chapter Two,
Section 6. for permitted uses.
' (42) Commercial/Light Industrial-Urban: See Chapter Two,
Section 7. for permitted uses.
' (43) Commercial Recreation: All uses such as tennis,racquet
ball clubs,amusement centers,bowling alleys,golf driving
ranges,miniature golf,movie theaters that are privately
owned and operated with the intention of earning a profit
by providing entertainment to the public.
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(44) Common Open Space: Land held in common ownership
used for agriculture,natural habitat,pedestrian corridors
and/or recreational purposes which is protected from
future development.
(45) Community: The governmental unit which has adopted '
this Ordinance,except where otherwise indicated.
(46) Community Garden: Land which is cultivated by the
residents of the development for the production of trees,
vegetables,fruits,flowers,herbs and grasses for the
residents' use or to be sold directly to consumers through '
membership in the garden
(47) Community Reside ce: A facility licensed by the State of
Minnesota which provides residential and habilitative
services to persons with developmental disabilities. One
density unit is attributed to this residence when calculating
density.
(48) Comprehensive Plan: The policies, statements,goals and
interrelated plans for private and public land and water
use,transportation and community facilities, including
recommendations for planned execution, documented in
texts,ordinance and maps which constitute the guide for
the future development of the community or any portion of
the community. '
(49) Conditional Use: A land use or development as defined by
Ordinance that may not be appropriate generally, but may
be allowed with appropriate restrictions as provided by
official controls upon a finding that(1)certain conditions
as detailed in the zoning ordinance exist, (2)the use or
development conforms to the comprehensive land use plan
of the community and(3) is compatible with the existing
neighborhood. See Chapter One, Section 10.
(50) Condominium: An estate in real property consisting of an
undivided interest in common with other purchasers in a
portion of a parcel of real property,together with a
separate interest in space in a residential building.
(51) Conservation Easement: An interest in real property
created in a manner that imposes limitations or affirmative
obligations in regard to the use of property including the
retention,protection and maintenance of natural resources,
open space and agriculture.
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(52) Conservation Use: Environmentally sensitive and valuable
lands protected from any activity that would significantly
alter their ecological integrity,balance or character.
Conservation uses include lands containing wetlands,
hydric soils,woodlands, floodplain, native prairie,wildlife
' corridors,shorelands, steep slopes and their accessory uses
such as interpretive centers and management facilities.
' (53) Conveyance: Conveyances shall have the meaning
specified in Minnesota Statute 272.12.
' (54) Cost of Renovation.Repair or Replacement The fair
market value of the materials and services necessary to
accomplish such renovation,repair or replacement.
' (55) Crematorium or Crematory: A place where bodies are
consumed by incineration and the ashes of the deceased
are collected for permanent burial or storage in urns.
(56) Cultural Resource: The historic and archeological
characteristics of the land, including buildings and
landscapes,which provide information regarding the
history of Washington County and its people.
(57) Cutoff Angle: The angle formed by a line drawn from the
direction of light rays at the light source and a line
perpendicular to the ground from the light source above
which no light is emitted.
(58) Cutoff: The point at which all light rays emitted by a
' lamp, light source or luminaire are completely eliminated
at a specific angle above the ground.
' (59) Cutoff Type Luminaire: A luminaire with elements such
as shields, reflectors, or refractor panels which direct and
cut off the light at a cutoff angle that is less than ninety
' (90)degrees.
(60) Decibel: The unit of sound measured on the "A"weighing
' scale of a sound level meter, set on slow response,the
weighing characteristics of which are specified in the a
"Standards on Sound Level Meters of the USA Standards
Institute".
(61) Density: The number of dwelling units permitted per acre
' of land.
(62) Density Units: The number of individual dwelling units
' that can be located on a parcel of land as established
thorough the use of a yield plan. For the purpose of this
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ordinance,a multi- family residential dwelling is '
considered as having as many density units as there are
individual dwelling units,regardless of whether those units
are attached or detached.
(63) Depth of Lot: The horizontal distance between the
frontage right-of-way line and rear lot line. On a corner
lot,the side with the largest frontage is its depth,and the
side with the lesser frontage is its width.
(64) Depth of Rear Yard: The horizontal distance between the
rear building line and the rear lot line.
(65) Development Agreement An agreement with the owner of
the whole parcel as charged on the tax lists and the County
specifying the number of density units allocated amongst '
the parcels being created,the zoning district the particular
parcels are located in,the fact that the use and
development parcels is subject to the regulations contained
in the Washington County Zoning Ordinance and that
further conveyance is subject to the zoning ordinance and
other regulations in effect at the time and requires approval '
by the Washington County.
(66) Development Code: The official controls adopted by
Washington County regulating the physical development
of land in the unincorporated areas of the County.
(67) Dieseling: The running of a railroad diesel engine when
the engine is disconnected so that it is not transmitting
power to the wheels.
(68) Disposal Area.On-Site Sewage Treatment: See Chapter
Eight, Sanitary Sewer Disposal Regulations.
(69) Dredging: The process by which soils or other surface
materials,normally transported by surface water erosion
into a body of water,are removed for the purpose of
deepening the body of water.
(70) Drive-In: Any use where products and/or services are '
provided to the customer under conditions where the
customer does not have to leave the car or where service to
the automobile occupants is offered regardless of whether
service is also provided within a building.
(71) Driveway Access Permit: A permit required from the '
responsible governmental agency which allows access
onto a public road. Such permit must be acquired prior to
the issuance of a building permit. '
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(72) Dwelling: A building or one(1)or more portions thereof
' occupied exclusively for human habitation,but not
including rooms in hotels,motels,nursing homes,
boarding houses, nor trailers,tents,cabins or trailer
rcoaches. (Also see Dwelling Unit.)
(73) Dwelling.Duplex or Two Family: A residential building
rcontaining two(2)complete dwelling units.
(74) Dwelling.Multiple Family: A residential building,or
' portion of a building, containing two(2)or more dwelling
units.
(75) Dwelling. Seasonal: A residential building not capable of
year-round occupancy due to non-winterized construction
or inadequate non-conforming year-round on-site sewage
treatment systems.
(76) Dwelling. Single: A residential building containing one
(1)detached dwelling unit.
(77) Dwelling Unit: A residential accommodation including
' complete kitchen and bathroom facilities,permanently
installed,which is arranged,designed,used or intended for
use exclusively as living quarters for one(1)family.
' (78) Emergency Railroad Maintenance: Maintenance to
railroad tracks,right-of-way, or rolling stock that could not
be routinely anticipated and that is necessary to overcome
ra condition which prohibits movement of rolling stock
over the track.
(79) Engineer: The County Engineer.
(80) Environmental Impact Worksheet or Statement: That
document that might be required under Minnesota Statute
Chapter 116C. and D. See Chapter One, Section 12.
' (81) Equestrian Uses: Those uses commonly associated with
the raising, maintaining and training of horses for riding,
racing or breeding.
r (82) Essential Services—Governmental Uses.Buildings and
Storage: An area of land or structures used for public
' purposes, storage or maintenance and which is owned or
leased by a governmental unit.
' (83) Essential Services—Utility Substation: A utility use whose
function is to reduce the strength,amount,volume,or
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configuration of utility flow from a bulk wholesale r
quantity in large size a long distance transmission lines to
small retail quantities in neighborhood distribution system.
These uses include electric substations,telephone ,
switching and relay facilities,water and sewage pumps
and lift stations. Business offices associated with these
uses are not included as part of this definition. '
(84) Exterior Storage: The storage of goods,materials,
equipment,manufactured products and similar items not
fully enclosed by a building.
(85) Family: An individual,or two(2)or more persons each
related by blood,marriage,adoption,or foster care
arrangement,living together as a single housekeeping unit,
or a group of not more than six(6)persons not related,
maintaining a common household, exclusive of servants.
(86) Farm.Rural: A commercial food producing use of ten
(10)or more contiguous acres defined under a portion of
Minnesota Agricultural Property Tax Law(Green Acres
Law) Section 273.111 Agricultural Property Tax,
Subdivision 6,to wit Real Property shall be considered to
be in production for sale of livestock,dairy animals,dairy
products,poultry products,fur bearing animals,
horticultural and nursery stock,fruit of all kinds,
vegetables,forage,grains,bees,apiary products.
(87) Feedlot: A lot or building or combination of lots and ,
buildings intended for the confined breeding,raising or
holding of animals and specifically designed as a
confinement area in which manure may accumulate or
where concentration of animals is such that a vegetative
cover cannot be maintained with the enclosure of open lots
used for feeding and rearing of poultry shall be considered
feedlots. Pastures are not considered feedlots.
(88) Fence: A partition, structure,wall or gate erected as a
dividing marker,visual or physical barrier,or enclosure.
(89) J]l: Any act by which soil,earth, sand,gravel,rock or
any similar material is deposited,placed,pushed or
transported and shall include the conditions resulting
therefrom. ,
(90) Final Plat: A drawing or map of an approved subdivision,
meeting all requirements of the Subdivision Ordinance,
and in such form as required by the community for
purposes of recording.
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r (91) Flag Lot: A lot with access provided to the bulk of the lot
by means of a narrow corridor.
' (92) Flashing Light: A light source which is not constant in
intensity or color at all times while in use.
' (93) Floor Area: The gross area of the main floor of a
residential building measured in square feet and not an
' attached garage,breezeway or similar attachment.
(94) Floor Area.Gross: The sum or the gross area of the
various floors of a building measured in square feet. The
basement floor area shall not be included unless such area
constitutes a story.
' (95) Floor Area Ratio: The numerical value obtained through
dividing the gross floor area of a building or buildings by
the net area of the lot or parcel of land on which such
building or buildings are located.
(96) Floor Plan.General: A graphic representation of the
anticipated use of the floor area within a building or
structure.
(97) Foot Print: The length and width of the building's
foundation and the building's height.
' (98) Footcandle: A unit of illumination produced on a surface,
all points of which are one foot from a uniform point
source of one candle.
(99) Frontage: That boundary of a lot which abuts a public
street or private road.
(100) Funeral Home: A building or part thereof used for funeral
services. Such buildings may contain space and facilities
' for a)embalming and the performance of other services
used in preparation of the dead for burial;b)the storage of
caskets, urns,and other related funeral supplies;and c)the
' storage of funeral vehicles. Where a funeral home is
permitted,a funeral chapel shall also be permitted. This
definition shall NOT include facilities for cremation.
' (101) Garage.Private: A detached one-story accessory building,
or portion of the principal building, including a carport,
which is used primarily for the storing of passenger
vehicles,trailers or farm trucks.
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(102) Garage. Storage: Any premises,except those described as
a private or public garage used exclusively for the storage
of power-driven vehicles.
(103) Golf Course: An area of land laid out for golf with a
minimum series of nine(9)holes each including a tee,
fairway, and putting green and often one or more natural
or artificial hazards.
(104) Governing Body: The Board of Commissioners of the
County.
(105) Hazardous Material: Hazardous material means a chemical
or substance,or a mixture of chemicals or substances,
which:
(A) Is regulated by the federal Occupational Safety ,
and Health Administration under Code of Federal
Regulations,title 29,part 1910, subpart Z;or
(B) Is either toxic or high toxic,an irritant,corrosive,a
strong oxidizer,a strong sensitizer,combustible,
either flammable or extremely flammable,
dangerously reactive,pyrophoric, pressure-
generating,a compressed gas, a carcinogen,a
teratogen, a mutagen,a reproductive toxic agent,
or that otherwise,according to generally accepted
documented medical or scientific evidence,may
cause substantial acute or chronic personal injury
or illness during or as a direct result of any
customary or reasonably foreseeable accidental or
intentional exposure to the chemical or substance. ,
(106) Health/Recreation Facility: An indoor facility including
uses such as game courts, exercise equipment, locker '
rooms,Jacuzzi, and/or sauna and pro shop.
(107) High Power Transmission Line: A 69 kv or greater
electric transmission line with towers a minimum of 75
feet in height.
(108) Historic Building and Structure: A structure which has
been identified by the Washington County History
Network inventory or the State Historic Preservation
Office as having public value due to their notable
architectural features relating to the cultural heritage of the
County. '
(109) Home Occupation: A use of a dwelling unit for gainful
employment which a) is clearly incidental and subordinate
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to the use of the dwellingunit as a residence;, b) is tamed
on solely within the main dwelling and does not alter or
' change the exterior character or appearances of the
dwelling; and c) is created and operated by the occupant of
the dwelling.
(110) Homeowners Association: A formally constituted non-
profit association or corporation made up of the property
' owners and/or residents of the development for the
purpose of owning, operating and maintaining the common
open space and facilities.
(111) Homesteaded Dwelling:A dwelling that is occupied and
used for the purposes of a homestead by its owner on
' January 2"d pursuant to Minnesota Statutes §273.124.
(112) Horse Show: An event where horses not boarded on the
' subject property are shown to the general public and
guests.
(113) Horse Training Facility.Commercial: An accessory
building in which horses not owned by the property owner
are kept for commercial use including boarding,breeding,
hire, sale, show and training.
(114) Horse Training Facility.Private: An accessory building
' incidental to the existing residential,principal use in which
horses owned by the property owner are kept for private
use and training.
' (115) Hotel: A building having provision for nine(9)or more
guests in which lodging is provided with or without meals,
for compensation, and which is open to transient or
' permanent guests or both, and where no provision is made
for cooking in any guest room,and which ingress and
egress to and from all rooms is made through an inside
' lobby or office supervised by a person in charge.
(116) Individual Parcel: A parcel as a whole as charged on the
' tax lists,or two or more contiguous parcels under common
ownership on the effective date of this Ordinance.
' (117) Inoperative: Incapable of movement under its own power
and in need of repair or junkyard.
' (118) Kennel.Commercial: Any place where four(4)or more of
any type of domestic pets,over six(6)months of age,are
boarded, bred,trained or offered for sale.
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(119) Kennel.Private: Any place where four(4)or more of any
type of domestic pets,over six(6)months of age, are
owned by any member of the household. Private kennels
are accessory to the principal use of the property.
(120) Land Alteration: The reclaiming of land by depositing or
moving material so as to alter the grade or topography.
(121) Land Clearing: The removal of a contiguous group of
trees and other woody plans in an area of 20,000 square
feet or more.
(122) Landscaping: Planting trees,shrubs and turf covers such
as grasses and shrubs.
(123) Light Duty Maintenance: Railroad maintenance that does
not utilize mechanized power sources other than motorized
track inspection cars.
(124) Light Fixture.Outdoor: Outdoor electrically powered 111
illuminating devices,outdoor lighting or reflective
surfaces,lamps and similar devices,permanently installed
or portable,used for illumination or advertisement. The
fixture includes the hardware that houses the illumination
source and to which the illumination source is attached
including,but not limited to,the hardware casing. Such
devices shall include,but are not limited to, search, spot
and flood lights for a)buildings and structures, b)
recreational areas,c)parking lot lighting,d) landscape
lighting,e)billboards and other signs,f) street lighting,g)
product display area lighting,and h)building overhangs
and open canopies.
(125) Light Manufacturing: A use engaged in the manufacture,
predominantly from previously prepared materials, of
finished products or parts, including processing,
fabrication, assembly,treatment,packaging, incidental
storage, sales, and distribution of such products. Such uses
include,but are not limited to,the following lumber yard,
machine shops,products assembly, sheet metal shops,
plastics,electronics,motor vehicle repair,body work and
painting, contractor shops and storage yards,food and
nonalcoholic beverages, signs and displays,printing,
clothing,textiles and used auto parts.
(126) Light Source: A single artificial point source of
luminescence that emits measurable radiant energy in or
near the visible spectrum.
1
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(127) Lighting.Outdoor: Any light source or collection of light
sources, located outside a building, including but not
' limited to, light sources attached to any part of a structure,
located on the surface of the ground or located on free
standing poles.
(128) Livestock: Domestic farm animals including, but not
limited to,cattle,hogs,horses,bees, sheep, goats, chickens
' and other animals commonly kept for commercial food
production purposes.
(129) Livestock Operations: A lot or structure or combination of
lots and structures intended for the breeding,raising or
holding of eleven(11)or more animal units.
' (130) Loading Space: A space, accessible from a street,alley or
way, in or outside of a building, for the use of trucks while
loading and unloading merchandise or materials.
(131) Lodging Room: A room rented as sleeping and living
quarters,but without cooking facilities. In a suite of
' rooms without cooking facilities, each room which
provides sleeping accommodations shall be counted as one
(1) lodging room.
' (132) fit: A parcel of land designated by metes and bounds,
registered land survey,plat or other means,and which
description is either recorded in the Office of the
Washington County Recorder or Registrar of Titles or used
by the County Treasurer or County Assessor to separate
' such parcel from other lands for tax purposes.
(133) Lot Area: The area of a horizontal plane within the lot
lines.
(134) Lot Area,Minimum Per Dwelling Unit: The minimum
' number of square feet or acres of lot area required per
dwelling unit.
' (135) Lot.Buildable: A lot which meets or exceeds all
requirements of the Washington County development
ordinances without the necessity of variances.
' (136) Lot. Corner: A lot situated at the junction of and abutting
two(2)or more intersecting streets; or a lot at the point of
a deflection in alignment of a single street,the interior
angle of which does not exceed one hundred thirty-five
(135)degrees.
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Washington County Zoning Ordinance • Chapter One • Administration
(137) Lot Coverage: That portion of a lot containing an artificial ,
or natural surface through which water, air or roots cannot
penetrate. This definition includes, but is not limited to,
driveways, structures,patios and decks.
(138) Lot Depth: The mean horizontal distance between the
front and rear lines of a lot.
(139) Lot.Interior: A lot other than a corner lot, including
through lots. '
(140) Lot Line: A lot line is the property line bounding a lot,
except that where any portion of a lot extends into a public
right-of-way or a proposed public right-of-way,the line of
such public right-of-way shall be the lot line.
(141) Lot Line.Front: That boundary of a lot which abuts a
public street or a private road. In the case of a corner lot,
it shall be the shortest dimension of a public street. If the
dimensions of a corner lot are equal,the front lot line shall
be designated by the owner. In the case of a corner lot in a
non-residential area,the lot shall be deemed to have
frontage on both streets.
(142) Lot Line.Rear: That boundary of a lot which is opposite
to the front lot line. If the rear lot line is less than ten(10)
feet in length,or if the lot forms a point at the rear,the rear
lot line shall be a line ten(10)feet in length within the lot,
parallel to,and at the maximum distance from the front lot
line.
(143) Lot Line. Side: Any boundary of a lot which is not a front
lot line or a rear lot line.
(144) Lot.Nonconforming: A separate parcel or lot of record on
the effective date of this ordinance,or any amendments
thereto,which lot or parcel does not conform to the
regulations, including dimensional standards, contained in
this Ordinance or amendments thereto.
(145) Lot.Through: Any lot other than a corner lot which abuts
more than one(1)street. On a through lot, all the street
lines shall be considered the front lines for applying this
Chapter. '
(146) Lot.Through or Double Frontage: As defined in Chapter
Four, Subdivision Regulations,and referring to a lake or
stream frontage lot having a public road as one lot line and
a water body at the opposite lot line.
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(147) Lot Width: The horizontal distance between the side lot
lines of a lot measured at the setback line.
(148) Luminaire: A complete lighting unit consistingof light
a li gt
source and all necessary mechanical, electrical and
' decorative parts.
(149) Major Highway: Those highways and/or roadways which
' are classified as principal and minor arterials and
collectors in Figure T-1,Existing Functional Classification
System of the Comprehensive Plan.
' (150) Maneuvering Operations: Railroad operations that involve
e
movement of rolling stock to prepare for ordinary travel on
1
a track,or switching of tracks in anticipation of movement
of rolling stock.
' (151) Manufactured Home: A structure transportable in one or
more sections,which in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length,or,
' when erected on site, is 320 or more square feet, and
which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation
when connected to the required utilities,and includes the
plumbing,heating,air conditioning, and electrical systems
contained therein; except that the term includes any
' structure which meets all the requirements and with
respect to which the manufacturer voluntarily files a
certification required by the secretary and complies with
the standards established under the Minnesota Statutes
' Chapter 327.31, Subd.3. No manufactured dwelling shall
be moved into the unincorporated areas of Washington
County that does not meet the Manufactured Home
' Building Code as defined in Minnesota Statutes Chapter
327.31, Subd. 3.
' (152) Manure: Any solid or liquid containing animal excreta.
(153) Mausoleum: A structure for the entombment of the dead
' in crypts or vaults in a placed used,or intended to be used,
for cemetery purposes.
' (154) Medical Uses: Those uses concerned with the diagnosis,
treatment and care of human beings. These include
hospitals,dental services,medical services or clinics,
' nursing or convalescent home, orphan's home,rest home
and sanitarium.
' (155) Mining: The excavation,removal, storage or processing of
sand, gravel,rock, soil,clay,or other deposits. For the
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Washington County Zoning Ordinance • Chapter One • Administration
purposes of this Ordinance, mining shall not include the 111
excavation,removal, or storage of rock, sand,dirt, gravel,
clay, or other material for the following purposes:
(A) Excavation for the foundation,cellar,or basement
of some pending structure for which a permit has
been issued and which is to be erected
immediately following the excavation,removal or
storage.
(B) On-site construction of approved roads, sewer
lines,storm sewers,water mains, surface water
drainage approved by the local unit of
government,agriculture or conservation purposes,
sod removal,or other public utilities.
(C) Landscaping Landsca inpurposes on a lot used or to be used
as a building site.
(D) Grading/excavation of less than one acre of land in
conjunction with improvement of a site for lot
development,providing activities will be
completed in one year.
(E) The removal of excess materials in accordance
with approved plats or highway construction.
(156) Motor Freight Terminal: A building or area in which
freight brought by motor truck is transferred and/or stored
for movement by motor truck.
(157) Motor Vehicle Repair.Major: General repair, rebuilding
or reconditioning of engines,motor vehicles or trailers;
collision service including body,frame or fender
straightening or repair;overall painting and upholstering;
vehicle steam cleaning.
(158) Motor Vehicle Repair.Minor: Repairs, incidental body ,
and fender work,replacement of parts and motor services
to passenger automobiles and trucks not exceeding 12,000
pounds gross weight,but not to include any operation
specified under"Motor Vehicle Repair, Major".
(159) Motor Vehicle Service Station: A place for the dispensing, ,
sale or offering for sale of motor fuel directly to users of
motor vehicles,together with the sale of minor accessories
and the servicing of,and minor repair of,motor vehicles.
(160) Motorized Track Inspection Vehicle: A wheeled vehicle
used for track maintenance which is powered by a motor 1
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Washington County Zoning Ordinance • Chapter One • Administration
sized to propel the vehicle only and which is not designed
to pull other rolling stock.
(161) Moving Permit: A permit required from the responsible
governmental agency prior to the moving of any partially
' or wholly erected structure from one location to another.
(162) Multi-Family Residential Development: A development
' with residential buildings containing two or more dwelling
units.
(163) Municipality: A city or township,however organized.
(164) Natural Drainageway: A depression in the earth's surface,
' such as ravines,draws and hollows,that has definable beds
and banks capable or conducting surface water runoff from
adjacent lands.
' (165) Natural Resources: The physical values of the land
supplied by nature including,but not limited to, animal
plant life,soil,rock,minerals and water.
(166) Neighblife,porhood:An area containing a contiguous group of
residential lots distinguishable by some identifiable feature
' or point of reference,where people live in close proximity
to one another.
(167) Noise.Ambient: The all-encompassing noise associated
with a given environment, being either a composite of
sounds transmitted by any means from many sources near
' and far or a single predominate source.
(168) Nominal Five(5)Acre Parcel: A five(5)acre parcel not
' reduced by more than ten percent(10%)due to road
right-of-way dedication.
(169) Nonconforming Use or Lot: Any legal use or lot already
in existence, recorded or authorized before the adoption of
official controls or amendments thereto that would not
' have been permitted to become established under the terms
of the official controls as now written. See Chapter One,
Section 13.
' (170) Noxious Matter: Material which is capable of causing
injury or is in any way harmful to living organisms or is
capable of causing detrimental effect upon the physical or
mental health of human beings.
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Washington County Zoning Ordinance • Chapter One • Administration
(171) Nursery.Day: A use where care is provided for three(3)
or more children under kindergarten age for periods of
four(4)hours or more per day for pay.
(172) Nursing Home: A building with facilities for the care of
children,the aged, infirm, or place of rest for those
suffering bodily disorder.
(173) Office: Those commercial activities that take place in
office buildings,where goods are not produced, sold or
repaired. Such activities include,but are not limited to
banks,professional offices,governmental offices,
insurance offices,real estate offices,telephone exchanges, r
utility offices,radio broadcasting and similar uses.
(174) Official Control: Legislatively defined and enacted
policies,standards,precise detailed maps,and other
criteria,all of which control the physical development of a
municipality or a county,or any part thereof,or any detail
thereof,and the means of translating into ordinances all or
any part of the general objectives of the comprehensive
plan. Such official controls may include,but are not
limited to ordinances establishing zoning, subdivision
controls, site plan regulations,sanitary codes,building
codes,housing codes and official maps and have been
adopted by Washington County as the development code.
(175) Official Map: A map adopted in accordance with the
provisions of Minnesota State Statutes, 394.361.
(176) Open Sales Lot: Lands devoted to the display of goods for
sale,rent, lease or trade where such goods are not enclosed
within a building.
(177) Open Space: Land used for agriculture,natural habitat '
pedestrian corridors and/or recreational purposes,that is
undivided and permanently protected from future
development.
(178) Open Space Development: A pattern of subdivision
development which places residential dwelling units into
compact groupings while providing a network of dedicated
open space.
(179) Open Storage: Storage of any material outside of a
building.
(180) Overlay District: A zoning district shown as an overlay on
the zoning map.
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(181) Owner: Includes all persons interested in a property as fee
simple owner, life estate holder, encumbrancer.
(182) Parking Space: A suitably surfaced and permanently
maintained area on privately owned property either within
' or outside of a building of sufficient size to store one(1)
standard automobile.
' (183) Pasture: Areas where grass or other growing plants are
used for grazing and where the concentration of animals is
such that a vegetation cover is maintained during the
growing season.
(184) Pedestrian Way: A public or private right-of-way across
or within a block or tract,to be used by pedestrians.
(185) Performance Standards: The minimum development
' standards as adopted by the governing body and on file in
the office of the zoning administrator.
(186) Perimeter Road: A road lying outside of and abutting the
' development parcel.
(187) Person: Any person, corporation or association, including
governmental agencies and political entities.
(188) Place of Worship: A building,together with its accessory
' buildings and uses,where persons regularly assemble for
religious worship and which building,together with its
accessory buildings and used, is maintained and controlled
by a religious body organized to sustain public worship.
(189) Planned Unit Development: All developments having two
' or more principal uses on a single parcel of land;and may
include townhomes,multi-use structures,recreational uses,
mixed residential and commercial type developments,
commercial type developments and industrial type
developments.
(190) Planning Advisory Commission: The duly appointed
planning and zoning advisory commission of the county.
' (191) Plant Community: A grouping of plants with common
environmental requirements living within the landscape,
i.e.,wetlands,grasslands, boreal forests.
' (192) Plant Nursery: A building or premises used primarily for
the growing,wholesale and retail sales of trees, shrubs,
' flowers,other plants and accessory products excluding
power tools,tractors, decorative rock,tree bark,gravel,
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Washington County Zoning Ordinance • Chapter One • Administration
and compost. Accessory products are those products 1
which are used in the culture,display and decoration of
lawns gardens and indoor plants.
(193) Plant Nursery.Commercial: A building or premises used
primarily for the retail sale of trees, shrubs, flowers or
other plants which may not have been grown or raised on
the property.
(194) Plat Commission: An appointed advisory body which '
makes recommendations to the County Board on the
platting and subdivision of land in the unincorporated
areas of the County. See Chapter One, Section 8.
(195) Platted Land: Lands with legal descriptions described as
lot,block,plat name. ,
(196) Prime Farmland: Land that has the best combination of
physical and chemical characteristics for producing food,
feed,forage,fiber and oilseed crops. It has the soil
quality,growing season,and moisture supply needed to
economically produce sustained high yields of crops when
treated and managed, including water management,
according to acceptable farming methods.
(197) Principal Structure or Use: One which determines the
predominant use as contrasted to accessory use or
structure.
(198) Private Recreational Area: A recreation use particularly
oriented to utilizing the outdoor character of an area
including hiking and riding trails, interpretative areas and
other passive forms of recreation and not open to the
general public.
(199) Protective or Restrictive Covenant: A contract entered
into between private parties which constitutes a restriction
of the use of a particular parcel of property.
(200) Public Land: Land owned and/or operated by a
governmental unit, including school districts.
(201) Public Waters: All lakes,ponds, swamps, streams,
drainageways, floodplains,floodways,natural water
courses, underground water resources,and similar features
involving,directly or indirectly,the use of water within the
community.
(202) Ouarter-Ouarter Section: A tract of land legally described
as a full quarter-quarter section or a 40 acre parcel not ,
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reduced by more than 10%due to road right-of-way
dedication.
' (203) Recreation Equipment: Play apparatus such as swing sets
and slides, sandboxes,poles for nets, unoccupied boats and
' trailers not exceeding twenty-five(25)feet in length,
picnic tables, lawn chairs, barbecue stands and similar
equipment or structures, but not including tree houses,
' swimming pools,play houses exceeding twenty-five(25)
square feet in floor area,or sheds utilized for storage of
equipment.
(204) Recreation Use.Active: All uses, such as tennis,racquet
ball clubs,amusement centers, bowling alleys,golf driving
' ranges,miniature golf,movie theaters,and similar
activities which are used as a commercial enterprise.
(205) Recreation Use.Passive: A recreation use particularly
oriented to utilizing the outdoor character of an area for
passive forms of recreation such as employee recreation
areas,nature centers,conservancy,and interpretive
centers.
(206) Recreation Vehicle: Any vehicle or structure designed and
used for temporary, seasonal human living quarters which
meets all of the following qualifications (a)is not used as
the permanent residence of the owner or occupant;(b)is
' used for temporary living quarters by the owner or
occupant while engaged in recreation or vacation
activities; (c) is towed or self-propelled on public streets or
' highways incidental to such recreation or vacation
activities; (d)examples of such vehicles include van
campers,tent camping trailers, self-contained travel
' trailers,pick-up campers,camping buses, and
self-contained self-propelled truck chasis mounted
vehicles providing living accommodations.
(207) Recyclable Materials: Materials that are separated from
mixed municipal solid waste for the purpose of recycling.
For the purpose of this Ordinance,these materials are
limited to paper,glass,plastics and metals. Refuse derived
fuel(RDF)is not a recyclable material under the
provisions of this ordinance.
(208) Recycling: The process of collecting and preparing
' recyclable materials and reusing the materials in their
original form or using them in manufacturing processes
that do not cause the destruction of recyclable materials in
a manner that precludes further use.
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Washington County Zoning Ordinance • Chapter One • Administration
(209) Recycling Center: A facility where recyclable materials I
are collected, stored,flattened,crushed, or bundled prior to
shipment to others who will use those materials to
manufacture new products.
(210) Refuse: Putrescible and nonputrescible solid wastes,
including garbage,rubbish, ashes, incinerator ash,
incinerator residue, street cleanings, and market and
industrial solid wastes,and including municipal treatment 111wastes which do not contain free moisture.
(211) Research: Medical,chemical,electrical,metallurgical or
other scientific research and quality control, conducted in
accordance with the provisions of this Ordinance.
(212) Residential District: See Chapter Two, Sections 2,3,4
and 5 for permitted uses.
(213) Resort: Any structure or group of structures containing
more than two(2)dwelling units or separate living
quarters designed or intended to serve as seasonal or
temporary dwellings on a rental or lease basis for profit
with the primary purpose of said structure or structures
being recreational in nature. Uses may include a grocery
for guests only,fish cleaning house, marine service,boat
landing and rental,recreational area and equipment and
similar uses normally associated with a resort operation.
(214) Resource Inventory: A survey of the land's features
including it's natural resources,cultural resources, scenic
views and viewsheds,and physical characteristics.
(215) Restaurant: A business establishment whose principal
business is the preparing and selling of unpackaged food to
the customer in a ready-to-consume state.
(216) Retail Business: Stores and shops selling personal
services or goods over a counter.
(217) Road.Approved Private: A private road which has been
approved by resolution of the Town Board of Supervisors.
Such resolution must specify the road, indicate the road is
capable of supporting emergency vehicles and specify that
provisions exist for the ongoing maintenance of the road.
(218) Road.Public: A road owned and maintained by a
government jurisdiction.
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' (219) Roadside Sales Stand: A structure used only for the
display and sale of products with no space for customers
' within the structure,on a seasonal basis.
(220) Rolling Stock: Wheeled vehicles utilized on a railroad
track.
(221) Runway: A surface of an airport landing strip.
' (222) Runway Instrument: A runway equipped with air
navigation facilities suitable to permit the landing of
aircraft by an instrument approach under restricted
visibility conditions.
(223) Scenic Resources: That part of the landscape which
provides a picturesque view and may contain outstanding
recreational,natural,historic, scientific and manmade
values.
' (224) School: A facility that provides a curriculum of pre-
school,
school,elementary,secondary,post-secondary and other
' instruction including,but not limited to,child day care
centers,kindergartens, elementary,junior high,high
schools and technical or college instruction.
' (225) Screening: Screening includes earth mounds, berms or
ground forms; fences and walls; landscaping(plant
' materials)or landscaped fixtures(such as timbers); used in
combination or singularly, so as to block direct visual
access to an object throughout the year.
(226) Security Lighting: Outdoor lighting fixtures installed
exclusively as a measure to reduce the possible occurrence
' of a crime on the property.
(227) Self-Service Storage: A structure or structures containing
separate storage spaces of varying sizes which are leased
or rented individually.
' (228) Septic Permit: A permit required from the responsible
governmental agency for the installation of any new or
replacement on-site sewage disposal system.
' (229) Setback: The minimum horizontal distance between a
structure and street right-of-way, lot line or other reference
' point as provided by Ordinance. Distances are to be
measured perpendicularly from the property line to the
most outwardly extended portion of the structure.
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Washington CountyZoning Ordinance • Chapter One • Administration
(230) Shielding: A technique or method of construction 1
permanently covering the top and sides of a light source by
a material which restricts the light emitted to be projected
below an imaginary horizontal plane passing through the
light fixture.
(231) Shopping Center: Any grouping of two(2)or more
principal retail uses whether on a single lot or on abutting
lots under multiple or single ownership.
(232) Sign: A display, illustration, structure or device which
directs attention to an object,product,place,activity,
person, institution,organization or business.
(233) Sign.Advertising: A sign that directs attention to a
business or profession or to a commodity, service or
entertainment not sold or offered upon the premises where
such sign is located or to which it is attached.
(234) Sign Area: The entire area within a continuous perimeter
enclosing the extreme limits of such sign. Such perimeter
shall not include any structural elements lying outside of
such sign and not forming an integral part or border of the
sign.
(235) Sign.Business: A sign that directs attention to a business
or profession or to the commodity, service,or
entertainment sold or offered upon the premises where
such sign is located or to which it is attached.
(236) Sign. Development Identification: A sign that identifies
the name of a residential,commercial or industrial
development at a street entrance to the development
(237) Sign. Flashing: An illuminated sign which has a light 1
source not constant in intensity or color at all times while
such sign is in use or a sign containing an electric reading
board.
(238) Sign.Identification: A sign which identifies the inhabitant
of the dwelling. 1
(239) Sign.Motion: A sign that has revolving parts or signs
which produce moving effects through the use of
illumination.
(240) Sign.Nameplate: A sign which states the name and/or I
address of the business, industry or occupant of the site
and is attached to said building or site.
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(241) Sign.Pedestal: A ground sign usually erected on one(1)
central shaft or post which is solidly affixed to the ground.
(242) Sign.Real Estate: A sign offering property(land and/or
buildings)for sale, lease or rent.
1 (243) Sign.Roof: A sign erected upon or above a roof or parapet
of a structure.
(244) Sign. Shopping Center or Industrial Park: A business sign
designating a group of shops or offices.
1 (245) Sign. Wall: A sign attached to or erected against the wall
of a structure with the exposed face of the sign a plan
parallel to the plane of said wall.
(246) Special Events: The celebration or recognition of an
' occasion or activity that typically occurs no more than two
times annually and is no longer than 14 consecutive days.
(247) Spillage: Any reflection,glare or other artificial light
' emission onto any adjoining property or right-of-way
above a defined maximum illumination.
' (248) Story: That portion of a building included between the
upper surface of any floor and the upper surface of the
floor next above,except that the topmost story shall be that
' portion of a building included between the upper surface
of the topmost floor and the ceiling or roof above. If the
finished floor level directly above a useable or unused
under-floor space is more than 6 feet(1829 mm)above the
grade as defined in the Building Code for more than 50
percent of the total perimeter or is more than 12 feet(3658
mm)above grade as defined in the Building Code any
point, such usable or unused under-floor space shall be
considered as a story.
1 (249) Street: A public right-of-way which affords a primary
means of access to abutting property.
(250) Street.Collector: A street which serves or is designed to
serve as a trafficway for a neighborhood or as a feeder to a
major road.
(251) Street.Intermediate or Minor Arterial: A street which
serves or is designed to serve heavy flows of traffic and
which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas.
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Washington County Zoning Ordinance • Chapter One • Administration
(252) Street.Local: A street intended to serve primarily as an
access to abutting properties.
(253) Street Pavement: The wearing or exposed surface of the
roadway used by vehicular traffic.
(254) Street Width: The width of the right-of-way measured at
1
right angles to the centerline of the street.
(255) Structural Alteration: Any change,other than incidental
repairs,which would affect the supporting members of a
building, such as bearing walls,columns,beams, girders or
foundations. I
(256) Structure: Something built or constructed; used
interchangeably with"building" for purposes of this ,
ordinance.
(257) Structure.Nonconforming: Any structure lawfully or
legally existing on the effective date of this Ordinance, or
any amendment thereto,which does not conform to the
regulations, including the dimensional standards,for the '
district in which it is located after the effective date of this
Ordinance or amendments thereto.
(258) Subdivision: The process of dividing land into two or more
parcels for the purpose of transfer of ownership,building
development or tax assessment purposes by platting,
replatting,registered land survey,conveyance sale,
contract for sale or other means by which a beneficial
interest in land is transferred.
(259) Tavern or Bar: A building with facilities for the serving of
3.2 beer,wine,set-ups and short order foods.
(260) Temporary Dwelling.Care Facility: A manufactured
home which temporarily serves as a residence for an
infirm relative of the occupants residing in the primary
single family residence on the property where such relative
requires care by the family.
(261) Temporary Dwelling. During Construction: A mobile
home which temporarily serves as a residence for the
present or potential occupant which the primary single
family residence is being constructed,reconstructed or
altered.
(262) Temporary orary Dwelling.Farm: A mobile home located in an
agricultural district which is an accessory dwelling unit
occupied by members of the family engaged in farming on
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the premises and meeting other criteria specified in the
zoning ordinance.
(263) Tower: Any pole, spire, structure, or combination thereof,
including supporting lines,cables,wires, braces, and
' masts, intended primarily for the purpose of mounting an
antenna, or to serve as an antenna.
(264) Tower Accessory Structure: A structure located at the
base of the tower housing base receiving/transmitting
equipment.
1 (265) Transportation/Motor Freight Terminal: A building or
area in which freight brought by truck is assembled and/or
stored for routing or reshipment,or in which semi-trailers,
including tractor or trailer units and other trucks are parked
or stored.
(266) Transportation Terminal: Truck,taxi,air,bus,train and
mass transit terminal and storage area, including motor
freight(solid and liquid)terminal.
r (267) Travel Trailer/RV Campground: An area or premises
operated as commercial enterprise on a seasonal basis and
generally providing space for seasonal accommodations
for transient occupancy or use by transients occupying
camping trailers, self-propelled campers and tents.
(268) Truck Stop: A motor fuel station devoted principally to
the needs of tractor trailer units and trucks,and which may
include eating and/or sleeping facilities.
(269) Use: The function for which property can be used. See
Chapter Two.
(270) Use.Accessory: A use subordinate to and serving the
principal use or structure on the same lot and customarily
incidental to such principal use.
' (271) Use. Certificate of Compliance: See Chapter One, Section
11.
(272) Use.Conditional: See Chapter One, Section 10.
(273) Use.Nonconforming Any legal or lawful use of land or
1 any legal or lawful use of a structure existing on the
effective date of this Ordinance, or any amendments
thereto,which does not conform with the regulations for
' the district in which it is located after the effective date of
this Ordinance or such amendment.
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(274) Use. Open Space: The use of land without a structure or
including a structure incidental to the open space use.
(275) Use.Primary: That use which is the normal use for
property within a district. Primary uses do not require a
certificate of compliance or a conditional use permit. I
(276) Variance: A modification or variation of the strict
provisions of this Development Code as applied to a
specific piece for property in order to provide relief for a
property owner because of undue hardship or particular
difficulty imposed upon the property by this Development I
Code.
(277) Vegetation.Natural: Plant life which is native to the
location and which would normally grow if the ground
were left undisturbed.
(278) Veterinary: Those uses concerned with the diagnosis,
treatment and medical care of animals, including animal or
pet hospitals. I
(279) Viewshed: The natural landscape which is visible from the
property being developed. I
(280) Warehousing: The storage,packing and crating of
materials or equipment within an enclosed building or
structure.
(281) Warehousing and Distribution: A use engaged in storage,
wholesale,and distribution of manufactured products,
supplies,and equipment, but excluding bulk storage of
materials that are flammable or explosive or that create
hazardous or commonly recognized offensive conditions.
(282) Waterfront Uses.Residential: Boat docks and storage,fish
house, fish cleaning,water recreation equipment and other
uses normally incidental to a lakeshore residence, provided
such uses are for the exclusive use of the occupants and
nonpaying guests.
(283) Wetland: Areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to
support a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally
include swamps,marshes,bogs and similar areas. I
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1 (284) Wholesaling: The sellingof goods, equipment
and
materials by bulk to another person who in turn sells the
same to customers.
(285) Yard: The open space on an occupied lot which is not
covered by any structure.
(286) Yard.Front: A yard extending across the front of the lot
' between the inner side yard lines and lying between the
front line of the lot and the nearest building line.
(287) Yard.Rear: A yard extending across the rear of the lot
between the inner side yard lines and lying between the
rear line of the lot and the nearest building line.
1 (288) Yard.Required: A yard area which may not be built on or
covered by structures because of the dimensional setbacks
for said structures within the zoning district.
(289) Yard. Side: A yard between the side line of the lot and the
nearest building line.
(290) Yard Waste Facility: Any site used for the composting of
garden waste, leaves lawn cuttings,weeds, shrub and tree
waste and prunings generated off site. Yard wastes
generated on site and used on the same site are not
included in this definition.
(291) Yield Plan: A subdivision plan drawn to scale,containing
sufficient information showing the maximum number of
lots that could be permitted using the performance
standards for lots in a conventional subdivision in
accordance with the Washington County Development
Code.
(292) Zoning District: An area or areas within the county in
' which the regulations and requirements of this Ordinance
are applied.
SECTION 4. RULES OF INTERPRETATION
A Zoning Ordinance can be 4.1 In the event of conflicting provisions within the chapters of the
complex to understand and Washington County Zoning Ordinance, statute,resolution or
administer. These are the rules that regulation of any kind,the more restrictive provision shall apply.
the Zoning Administrator will use to
interpret and enforce the ordinance.
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Washington County Zoning Ordinance • Chapter One • Administration
Of particular importance to note is 4.2 In the application of this ordinance,the provisions shall be
that rules in several chapters may interpreted to be the minimum requirements necessary to
apply to your situation. For accomplish the general and specific purposes of the Ordinance.
example, ifyou are building in a
shoreland area and you will have a 4.3 Properties which lie in an overlay district are subject to regulations
septic system, rules in Chapters for that overlay district as well as the regulations in the other
One, Two, Three, Four, Seven and Chapters of this Ordinance.
Eight need to be considered.
4.4 The words and phrases used in this Ordinance shall be construed in
their plain,ordinary and usual sense except that technical words
and phrases having a peculiar and appropriate meaning in law shall
be understood according to their technical definition.
4.5 Unless the context clearly requires otherwise,the use of either
past,present or future tense shall include the other tenses.
4.6 Whenever this Ordinance requires an act to be done and when such
act may legally be done by an agent or employee as well as by the
principal,such requirement shall be satisfied by the performance
of such act by an authorized agent or employee.
4.7 The rules of statutory construction established for the State of
Minnesota by statute or case law shall apply in the construction of
this Ordinance.
4.8 Nothing contained in this Ordinance shall be deemed to be a
consent,license,or permit to use any property or to locate,
construct,or maintain any structure,or to carry on any trade,
industry,occupation or activity.
4.9 Except as provided herein,the provisions of this Ordinance are
cumulative and in addition to the provisions of other laws and
ordinances,heretofore passed or which may be passed hereafter,
governing the same subject matter as this Ordinance.
111
4.10 The explanations contained on the lefthand side of the ordinance
are there as interpretive purposes and are not part of the Zoning
Ordinance for the purpose of enforcement and administration.
1
SECTION 5. COMPLIANCE
Structures and uses in the 5.1 Except as this chapter specifically provides:
unincorporated areas of the County
must be in compliance with this (1) No structure shall be erected,moved,or altered unless in
ordinance. conformity with the regulations specified in this
Ordinance. ,
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Washington County Zoning Ordinance • Chapter One • Administration
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(2) No structure or land shall be used or occupied for any
I purpose or in any manner which is not in conformity with
all the regulations contained in this Ordinance.
I
SECTION 6. ADMINISTRATOR
The Department of Health, 6.1 The Department of Health,Environment and Land Management
I Environment and Land shall be designated as the Zoning Administrator.
Management is the Administrator of
this Ordinance. The Zoning Administrator shall enforce this Ordinance and be
I
responsible to:
For questions related to these rules
or to apply for zoning permits, (1) Issue permits required by this Ordinance.
I please contact the department at
430-6655. (2) Review all matters pertaining to applications and
enforcement of this Ordinance.
I Fees are charged for various zoning
applications. These fees are set (3) Review all building permits issued for structures in the
annually by the County Board of unincorporated areas of the County to ensure compliance
ICommissioners. with the regulations contained in this Ordinance.
(4) Conduct inspections of structures and use of land to
Idetermine compliance with the terms of this Ordinance.
(5) Review and approve all subdivisions created in the
Iunincorporated areas of the County.
(6) Maintain permanent and current records as required by this
Ichapter, including but not limited to all maps,
amendments, and conditional uses,variances,appeals,and
applications therefor.
1
(7) Receive,file and forward all applications for appeals,
variances, conditional uses or other matters to the
Idesignated official bodies.
• (8) Notify in writing persons responsible for violations,
indicating the nature of the violation and the action
I necessary to correct it.
(9) Institute,with the advise and consent of the County
I Attorney, in the name of the County,any appropriate legal
actions or proceedings against a violator as provided for in
' this Ordinance.
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Washington County Zoning Ordinance • Chapter One • Administration
(10) Recommend appropriate fees for applications,permits or
other matters processed under this Ordinance.
(11) To collect fees, as set by resolution of the County Board, i
for all applications,permits or other matters covered under
the provisions of this Ordinance.
SECTION 7. APPEALS AND VARIANCES
The Board of Adjustment and 7.1 Board of Adjustment and Appeals.
Appeals is a quasi-judicial body
which hears administrative appeals, There is hereby established the Washington County Board of
requests for variances, and requests Adjustment and Appeals which shall have the following powers
for building permits in Official Map with respect to the Washington County Zoning Ordinance.
Areas.
(1) Administrative Appeals. The Board shall have the
exclusive authority to hear and decide appeals from and
review any order,requirement decision or determination
made by the Zoning Administrator with respect to the
administration of the Washington County Zoning
Ordinance.
(2) Variances. The Board shall have the exclusive power to
order the issuance of variances from the terms of any
Official Control, including restrictions placed upon
nonconformities.
(3) Official Map. Where an Official Map has been adopted by
the County,the Board shall hear and decide an appeal by
the owner of land who has been denied a permit to build
within the limits of land delineated on an Official Map.
The Board of Adjustment and 7.2 Board Membership and Meetings.
Appeals has five members. Four
members are appointed by the (1) The Board of Adjustment and Appeals shall consist of five
County Board; one member is the (5)members,the majority of whom shall come from the
Chair(or designee) of the Planning unincorporated area of the County. Four(4)of the
Advisory Commission. members shall be appointed by the County Board on an at-
large basis and one(1)of the members of the Board shall
be the Chairman of the Washington County Planning
Advisory Commission(or his designee). No elected
official of the County,nor any employee of the County
shall serve as a member of the Board. I
1
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Washington County Zoning Ordinance • Chapter One • Administration
Members are appointed for three (2) Member Terms.
year terms and can serve a
I maximum of nine consecutive years. Each member shall serve for a period of three(3)years
and the terms of the members shall be staggered so that no
more than two(2)terms expire in any one(1)year. The
I term of each member shall begin on January 1 and
continue through December 31 of the last year of the term,
provided,however,that any member shall continue to
serve after the expiration of their term until a successor is
I appointed. Members will be limited to three(3)
consecutive terms of appointment. Any member who
misses three(3)consecutive meetings without a reasonable
I
excuse may be replaced by the County Board.
The Board has a chair, vice-chair, (3) Election of Officers and Rules for Proceedings.
and a recording secretary. Records
of the Board's proceedings are The Board of Adjustment and Appeals shall elect a
maintained by the Zoning chairman and vice-chairman from its members and shall
I Administrator. appoint a recording secretary who need not be a member
of the Board. Subject to such limitations as may be
imposed by the Governing Body,the Board may adopt
I rules for the conduct of proceedings before it. Such rules
may include provisions for the giving of oaths to witnesses
and the filing of written briefs by the parties. The Board
Ishall provide for a record of its proceedings which shall
include minutes of its meetings, its findings and the action
taken on each matter heard by it, including the final order.
I
A quorum of three members is (4) Meetings and Quorum.
needed to conduct business of the
I Board; a majority vote of the The meeting of the Board of Adjustment and Appeals shall
quorum can decide questions/take be held at the call of the Zoning Administrator. A
action. majority of the Board shall constitute a quorum and a
Imajority vote of that quorum is sufficient to conduct
business and take action. Any question of whether a
particular issue involves a conflict of interest sufficient to
I disqualify a regular Board Member from voting thereon
shall be decided by a majority vote of all members, except
the member being challenged. In the event that the
I disqualification of a member due to conflict of interest
results in less than a quorum (three(3)members)of the
Board for a meeting,no further action can be taken on that
I
matter before the Board.
Matters before the Board of (5) Notice and Hearing.
Adjustment and Appeals require a
I formal hearing. (A) Upon receipt of an application that contains all
required information,the Zoning Administrator
The hearing date is set once the shall refer the matter to the Board of Adjustment
Zoning Administrator has received and Appeals and establish a time for hearing
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Washington County Zoning Ordinance • Chapter One • 111
a complete application. The Board thereon by the Board. From the date the Zoning '
has sixty (60) days to make a Administrator receives the application containing
decision once the Zoning all required information,the Board of Adjustment
Administrator receives a complete and Appeals has sixty(60)days to take action on
application. This time frame can be the request or the request shall be deemed
extended an additional sixty(60) approved. The Zoning Administrator may extend
days if necessary to gather this time line by providing written notice of the
additional information. extension to the applicant before the end of the
initial sixty(60)day period. This notification
must state the reasons for the extension and its
anticipated length,which may not exceed sixty
(60)days. The deadline may also be extended as
indicated in Minnesota Statute 15.99 Subd. 3.
(B) Notice of time,place,and purpose of the public
hearing shall be given by publication in a
newspaper of general circulation in any town,
municipality or other area concerned and in the
official newspaper of the county at least ten(10)
days before the hearing of the hearing,
(C) Written notice of all public hearings shall be sent
to all owners of property of record within 500 feet
of the affected property.
(D) In the case of Official Map Appeals written notice
must be given to owners of record within one-half
mile of the affected property,
(E) In all cases written notice shall also be given to the
affected Board of Town Supervisors and the
Municipal Council of any municipality within two
(2)miles of the affected property.
(F) Defects in the notice shall not invalidate any i
proceedings provided a bonafide attempt to
comply with this section has been made.
(G) Where applicable, no less than twenty(20)days
prior to the public hearing,the Zoning
Administrator shall send notice and copies of the
applicants information to the following agencies
for review and comment:
1. Department of Natural Resources
2. Minnesota/Wisconsin Boundary Area
Commission
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Washington County Zoning Ordinance • Chapter One • Administration
The Board makes formal, written (6) Board Findings.
findings of fact. These records are
on file with the Zoning (A) The Board of Adjustment and Appeals shall make
Administrator. Decisions on written findings in any case of an appeal or
variances are also filed with the application for a variance and shall state therein
ICounty Recorder. the reasons for its decision;the order issued by the
Board of Adjustment and Appeals shall include the
legal description of the land involved. Any such
I order shall be filed with the Zoning Administrator
who shall immediately mail a copy thereof,
bearing the notation of the filing date,to the
appellant or applicant.
I
(B) A certified copy of any order issued by the Board
of Adjustment and Appeals acting upon any appeal
I
from an orderen,requirement,decision or
determination of an administrative officer,or upon
any application for a variance, shall be filed with
I the County Recorder or Registrar of Titles for
record. Said filing shall be made by the Zoning
Administrator as soon as is reasonably possible
I after the filing of the order with the Zoning
Administrator.
IVariance decisions under Chapter (C) Before any variance decision under Chapter Six of
Six(Saint Croix River Overly and this Ordinance becomes final,the Board shall
Regulations) are forwarded to the forward the decision to the Commissioner of
IMinnesota Department of Natural Natural Resources. The Commissioner of Natural
Resources for certification. These Resources shall certify in writing that the proposed
variances are not final until action complies with the intent of the Wild and
Icertified by the Department of Scenic Rivers Acts and the Master Plan for the
Natural Resources. Lower St. Croix River in the manner specified in
the Department of Natural Resources Regulations.
I Decisions by the Zoning 7.3 Administrative Appeals.
Administrator can be appealed to
I the Board of Adjustment and
Appeals. (1) An appeal from any decision by the Zoning Administrator
may be taken by any aggrieved party within thirty(30)
days from the date of such decision by filing with the
I Zoning Administrator a written notice of appeal. The
notice of appeal shall state:
I (A) The particular order,requirement,decision or
determination from which the appeal is taken;
I (B) The name and address of the appellant;
(C) The grounds for appeal; and
I (D) The relief requested by the appellant.
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Washington County Zoning Ordinance • Chapter One • Administration
(2) The Board of Adjustment and Appeals may reverse or
affirm,wholly or partly, or may modify the order,
requirement,decision or determination appealed from and
to that extent, shall have all the powers of the officer from
whom the appeal was taken and may direct the issuance of
a permit.
Variances are defined as a 7.4 Variances.
modification or variation to the
rules contained in the Zoning A variance is the modification or variation of the Zoning
Ordinance. Variances can be Ordinance where it is determined that,by reason of exceptional
approved under some limited circumstances,the strict enforcement of the Zoning Ordinance1
conditions. Requests for a variance would cause unnecessary hardship.
are decided by the Board of
Adjustment and Appeals. (1) No variance may be granted that would allow any use that
is prohibited in the zoning district in which the subject
property is located.
(2) An application for a variance shall be filed with the Zoning
Administrator;the application shall be accompanied by
development plans showing such information as the �.
Zoning Administrator may require for purposes of this
Ordinance. If the application does not contain all required
information,the Zoning Administrator shall send notice
within ten(10)business days of receipt of the request,
telling the applicant what information is missing.
(3) Variances shall only be permitted when they are in
harmony with the general purpose and intent of the
Official Controls in cases when there are practical
111
difficulties or particular hardships in the way of carrying
out the strict letter of any official control and when the
terms of the variance are consistent with the
Comprehensive Plan.
(4) "Hardship"as used in connection with the granting of a
variance means:
(A) The property in question cannot be put to a
reasonable use if used under conditions allowed by
the Official Controls;and
(B) The plight of the landowner is due to ,
circumstances unique to the property,not created
by the landowner;and
(C) The variance, if granted,will not alter the essential
character of the locality.
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(D) Economic conditions alone
shall not constitute a
hardship if a reasonable use for the property exists
Iunder the terms of the ordinance.
(E) The Board may consider the inability to use solar
energy systems a "hardship" in the granting of the
variance.
(5) Variances shall be granted for earth sheltered construction
as defined in Minnesota Statute 216C.06, Subd.2 when in
harmony with the Official Controls.
1 (6) Where, in the opinion of the Board of Adjustment and
Appeals, a variance may result in a material adverse effect
I on the environment,the applicant may be requested by the
Board to demonstrate the nature and extent of that effect.
(7) The Board of Adjustment may impose conditions in the
I granting of variances to ensure compliance and to protect
adjacent properties and the public interest.
I (8) In exercising its power under this Ordinance,the Board
shall take into consideration the affected town board's
recommendations when the Board of Adjustment's
decision directly affects land within the township.
(9) No application for the same variance as ruled upon by the
I Board of Adjustment and Appeals shall be resubmitted for
a period of twelve(12)months from the date of denial of
the previous application unless there has been a substantial
I change in circumstances as it relates to the request.
A building permit cannot be granted 7.5 Official Map
Iin an area which is in an area
designated on an Official Map (I) Whenever a building permit is denied pursuant to an
unless the Board of Adjustment and official mapping ordinance enacted by the Washington
IAppeals authorizes the issuance of County Board,the Board of Adjustment and Appeals shall,
the permit. upon appeal filed by the owner of the land hold a public
hearing upon the appeal. After receiving the advice and
Irecommendations of the Zoning Administrator,the Board
of Adjustment and Appeals may grant a permit for
building in an area designated on an Official Map in any
I case in which the Board finds,upon the evidence and
arguments presented to it:
I (A) That the entire property of the applicant,of the
area designated for public purposes forms a part,
cannot yield a reasonable return to the owner
unless such a permit is granted,and
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Washington County Zoning Ordinance • Chapter One • Administration
(B) That balancing the interest of the County in t
preserving the integrity of the Official Map and of
the Comprehensive Plan and the interest of the
property owner in the use of the property and in
the benefits of the ownership,the granting of such
permit is required by considerations of justice and
equity.
(2) If the Board authorizes issuance of a permit, it shall
specify the exact location,ground area,height and other
details as to the extent and character of the building for
which the permit is granted. If the Board authorizes
issuance of a permit,the Washington County Board shall
have six(6)months from the date of the decision of the
Board to institute proceedings to acquire such land or
interest therein and if no such proceedings are started I
within that time,the Zoning Administrator shall issue the
permit if the applicant otherwise conforms to the County
Ordinances. I
Appeals to decisions of the Board of 7.6 Judicial Appeals.
Adjustment and Appeals are made
to Washington County District All decisions by the Board of Adjustment and Appeals shall be
Court. final, except that anyone aggrieved by decision shall have the right
to appeal within thirty(30)days after receipt of notice of the
111
decision to the Washington County District Court on questions of
law and fact. In order to preserve their right to appeal, a non-party
must notify the Zoning Administrator within seven(7)days of the
date of the hearing at which the decision was made of their desire
to obtain a copy of the decision in order to preserve their right to
appeal or it is deemed waived.
SECTION 8. PLAT COMMISSION
The Plat Commission makes 8.1 Washington County Plat Commission ,
recommendations on the platting
and subdivision of land in the There is hereby created a Washington County Plat Commission
unincorporated areas of the County. whose duties and responsibilities shall consist of the following:
(1) The Plat Commission shall be an advisory commission
who shall make recommendations and give advise to
developers,affected townships and the Washington
County Board in connection with the platting and
subdivision of land located within the unincorporated areas
of the County as required by Chapter Five of this
Ordinance.Each member of the Plat Commission shall
review the plat or subdivision and make recommendations j
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Washington County Zoning Ordinance • Chapter One • Administration
I
to the Plat Commission to ensure that the subdivision is
consistent with the Washington County Comprehensive
I Plan and the provisions of the Washington County Zoning
Ordinance.No plat shall be acted upon by the Washington
County Board without being first reviewed by the Plat
1 Commission and receiving the Plat Commission's
recommendations after the required public hearings.
(2) Conduct the public hearings required by Minnesota Statute
I § 394.26 as it relates to the platting of subdivisions in the
unincorporated areas of the County prior to the proposed
subdivision or plat being presented to the County Board
I for approval.
(3) In the event an Environmental Assessment Worksheet is
I mandatory as a result of a residential subdivision
exceeding the threshold contained in Minnesota Rules Part
4410,the Washington County Plat Commission shall
I prepare the Environmental Assessment Worksheet and
make recommendations to the Washington County Board
of Commissioners on the need for an Environmental
1 Impact Statement.
(4) In the event an Environmental Assessment Worksheet is
I either discretionary or petitioned for in connection with a
residential subdivision,the Washington County Plat
Commission shall be responsible for making
Irecommendations to the Washington County Board as to
the need for an Environmental Assessment Worksheet.
I There are seven members of the
Plat Commission. 8.2 Commission Membership and Meetings.
(1) The membership of the Washington County Plat
ICommission shall consist of:
(A) A commissioner appointed by the Washington
ICounty Board of Commissioners.
(B) The Washington County Attorney or its designee.
1 (C) The Washington County Engineer or its designee.
I (D) The Washington County Surveyor or its designee.
(E) The Washington County Recorder or its designee.
I (F) The Director of the Washington County Health,
Environment and Land Management Department
I
or its designee.
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Washington County Zoning Ordinance • Chapter One • Administration
(G) A representative from the Washington County Soil
and Water Conservation District.
(2) The Director of the Washington County Health, I
Environment and Land Management Department or its
designee shall conduct the meetings of the Plat
Commission and act as secretary.
Approval of plats requires notice to 8.3 Notice and Hearing Procedure.
the public and a public hearing.
(1) Upon receipt by the Zoning Administrator of an
application that contains all required information,the
Zoning Administrator shall refer the matter to the Plat
Commission and establish a time frame for hearing on the
application as set forth in this Ordinance. Notice of the
time,place and purpose of public hearings shall be given I
by publication in the official newspaper of the County and
in a newspaper of general circulation in the town,
municipality or other area concerned at least ten(10)days
before the hearing. Notice shall also be sent to the clerk of
the applicable town board not less than ten(10)days in
advance of the date of the public hearing. When required,
no less than twenty(20)days prior to the public hearing,
the Zoning Administrator shall send notice and copies of
the application information to the Minnesota Department
of Natural Resources for review and comment.
(2) Written notice of all public hearings shall be sent to all
owners of property of record within one-half('/s)mile of �.
the affected property.
(3) Written notice shall also be given to the affected Board of
Town Supervisors and the Municipal Council of any
Municipality within two(2)miles of the affected property.
SECTION 9. PLANNING ADVISORY COMMISSION '
The Planning Advisory Commission 9.1 Washington County Planning Advisory Commission
has responsibility to recommend
amendments to the Comprehensive There is hereby created a Washington County Planning Advisory
Plan and the Zoning Ordinance, Commission whose duties and responsibilities shall consist of the
and authority to issue conditional following:
use permits. Other responsibilities
may be delegated by the County (1) To study,report and make recommendations on
Board. amendments to the Development Code and the
Comprehensive Plan prior to adoption of the amendment
by the County Board.
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Washington County Zoning Ordinance • Chapter One • Administration
1 (2) To order the issuance of and amendments to Planned Unit
Development Permits and Conditional Use Permits for one
(1)or more categories of conditional uses authorized by
the Washington County Zoning Ordinance.
(3) To conduct hearings and make recommendations to the
County Board on alleged violations of condition(s)
contained in Conditional Use Permits.
1 (4) To issue conditional use permits and impose conditions on
nonconforming uses and to conduct public hearings
thereon.
(5) Such other duties as the Washington County Board of
Commissioners may prescribe.
9.2 Commission Membership and Meetings.
The Commission has eleven (1) The Commission shall be composed of eleven(11)
members. Ten voting members are members,a majority of whom shall be residents of that
appointed by the County Board. portion of the County outside the corporate limits of
' The eleventh member is a County municipalities) Two(2)members shall be from each
Commissioner who is an ex-officio, Commissioner district and one(1)member shall be a
non-voting member. county commissioner,who shall be a non-voting,ex-
officio member. No voting member of the commission
shall have received,during the two(2)years prior to
appointment, any substantial portion of income from
business operations involving the development of land
within the county for urban or urban related purposes.
Planning Advisory Commission members serve three year
terms with a limit of nine consecutive years of service.
Members serve three year terms (2) Member Terms.
I with a limit of nine consecutive
years of service. Each citizen member serves for a period of three(3)years,
with the terms being staggered such that no more than four
(4)members'terms expire in any one(1)year. No
member shall serve more than three(3)consecutive terms.
The County Commissioner serving on the Planning
Advisory Commission shall serve for a period of one(1)
year, but may succeed him or herself on the Commission.
Any member who misses three(3)consecutive meetings
without a reasonable excuse may be replaced by the
County Board. Vacancies on the Planning Advisory
Commission shall be filled as soon as practical after the
vacancy occurs,provided that the member's term shall
continue until his successor has been appointed.
1
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Washington County Zoning Ordinance • Chapter
One • Administration 111
The Planning Advisory Commission (3) Election of Officers and Meeting Proceedings.
elects a chair and vice-chair
annually. The Planning Advisory Commission shall elect a chair and
a vice-chair from among its voting members at the second
regular meeting in the calendar year. Minutes of each
meeting of the Planning Advisory Commission shall be
maintained in the Office of the Zoning Administrator.
I
(4) Meetings and Quorum.
A majority of the members shall constitute a quorum and a I
majority of the quorum is sufficient to conduct business
and take action. The chairperson has full voting privileges
at all times,may vote on any issue and need not confine
III
his/her voting to break ties.
I
SECTION 10. CONDITIONAL USES
Some uses in zoning districts Certain uses,while generally not suitable in a particular zoning district,
require a conditional use permit. may under some circumstances be suitable if conditions are attached.
I
Please refer to Section 2, in When such circumstances exist,a conditional use permit may be granted.
Chapter Two. Conditions may be applied to issuance of the permit and a periodic review
of the permit may be required. The permit shall be granted for a particular I
use and not for a particular person or firm.
Make Application for a Conditional 10.1 Application.
III
Use Permit to the Zoning
Administrator. (1) Whenever this Ordinance requires a conditional use
permit,an application therefor in writing shall be filed
with the Zoning Administrator.
(2) The application shall be accompanied by development
plans of the proposed use showing such information as
may be deemed necessary by the Zoning Administrator or
by the Planning Advisory Commission. I
(A) The scale of maps submitted shall be at least 1"to
200'. Maps for sites less than fifty(50)acres shall
I
be at least 1"to 100'. The number of maps and
reports to be submitted shall be specified by the
Planning Commission,but shall not exceed
twenty-five(25). All maps shall be reduced and
included in the applicable reports. One(1)
transparent mylar copy of the final general
development plans,should they be approve,shall
be filed with the Planning Commission within
sixty(60)days of such approval.
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Washington County Zoning Ordinance • Chapter One • Administration
(B) Certificate of Survey
(C) Site plan drawn to scale showing the following
information:
' 1. Existing Conditions. Property lines and
dimensions, building location and
setbacks, dimensions of building,curb
cuts,driveways,access roads,parking,
off-street loading areas, septic system, and
well.
2. Proposed Conditions. Property lines and
dimensions, building location and
k ,building no , ut
drivewayssetbacs ,access roadsdime,siparkingnsc, off-
rbcus,
street loading areas and any other
proposed improvements
(D) Landscape Plan with the following information:
1. Existing vegetation, proposed plantings,
plant schedule including information
about the plant size,quantity,type and
root condition and ground cover.
(E) Grading and Drainage Plan
OF
Soil Conditions
(G) Building Floor Plan
(H) Building Elevations
(I) General Location Map
(J) Principal land uses within 200 feet of the property.
(K) Proof of ownership in the form of Abstract of
Title, Certificate of Title,Attorney's Title
Opinion, unrecorded documents where petitioner
will acquire legal or equitable ownership.
(L) Type of business or activity andro osed number
p
of employees.
(M) Sanitary sewer and water plan(areas without
public sewer or water).
I
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Washington County Zoning Ordinance • Chapter One • Administration
Applications heard bythe Planning 10.2 Notice and Hearing Procedure. I
PP
Advisory Commission require a
formal public hearing. (1) Upon receipt of an application that contains all required
information,the Zoning Administrator shall refer the
The hearing date is set once the matter to the Planning Advisory Commission and establish
Zoning Administrator has received a time for hearing on the application. From the date the
complete application. The PAC has Zoning Administrator receives the application containing
sixty(60) days to make a decision all required information,the Planning Advisory
once the Zoning Administrator Commission has sixty(60)days to take action on the
receives a complete application. request or the request shall be deemed approved,provided,
This time frame can be extended an however,that the Zoning Administrator may extend this
additional sixty (60) days if time line by providing written notice of the extension to
necessary to gather additional the applicant before the end of the initial sixty(60)dayI
information. There are criteria period. This notification must state the reasons for the
which the Planning Advisory extension and its anticipated length,which may not exceed
Commission must consider before sixty(60)days. The deadline may also be extended as
granting a Conditional Use Permit. indicated in Minnesota Statute 15.99 Subd. 3.
(2) Notice of the time,place and purpose of all public hearing
I
shall be given by publication in a newspaper of general
circulation in the town,municipality or other area
concerned and in the official newspaper of the county at
least 10 days before the hearing. Notice shall also be sent
to the clerk of the applicable town board not less than ten
(10)days in advance of the date of the public hearing. The
I
notice shall state the purpose,time and place of the public
hearing.
(3) Written notice shall also be given to the affected Board of I
Town Supervisors and the Municipal Council of any
municipality within two(2)miles of the affected property.
(4) Notice shall also be mailed to each of the owners of all
property located within one-quarter(V4)mile of the
affected property or to the ten(10)properties nearest to the
affected property whichever would provide notice to the
greatest number of owners.
(5) Where required,no less than twenty(20)days prior to the
public hearing,the Zoning Administrator shall send notice
and copies of the applicants information to the Minnesota
Department of Natural Resources for review and comment.
(6) Defects in the notice shall not invalidate the proceedings I
provided a bona fide attempt to comply with the provisions
of this Section has been made. A copy of the notice and a
list of property owners and addresses to which the notice
was sent shall be made a part of the record.
I
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Washington County Zoning Ordinance • Chapter One • Administration
' The Planning Advisory Commission 10.3 Criteria for Granting Conditional Use Permit.
uses criteria to evaluate the request
for a conditional use permit. (1) The Planning Advisory Commission may grant a
conditional use permit in any district,provided the
proposed use is listed as a conditional use for the district
and upon a showing that the standards and criteria stated in
this Ordinance will be satisfied and that the use is in
harmony with the general purposes and intent of this
Ordinance and the Comprehensive Plan. In determining
whether the proposed use is in harmony with the general
purpose and intent of this Ordinance and the
Comprehensive Plan,the Planning Advisory Commission
shall consider:
(A) The impact of the proposed use on the health,
safety and general welfare of the occupants of the
surrounding lands.
(B) Existing and anticipated traffic conditions,
including parking facilities on adjacent streets and
lands.
(C) The effect of the proposed use on utility and
school capacities.
(D) The effect of the proposed use on property values
and scenic views in the surrounding area.
(E) The effect of the proposed use on the
Comprehensive Plan.
(F) The ability of the proposed use to meet the
standards of the Ordinance.
(G) The results of a market feasibility study, if
requested by the Zoning Administrator,when the
purpose for which the conditional use is being
requested relies on a business market for its
success.
(H) The affects of the proposed use on groundwater,
surface water and air quality.
' (I) That the proposed use is allowed with a
conditional use permit in the designated zoning
district in which it is proposed.
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Washington County Zoning Ordinance • Chapter One • Administration
The Planning Commission can (2) In connection with the issuance of Conditional Use '
impose conditions when they grant Permits to nonconforming situations,the Planning
a conditional use permit. Advisory Commission may require nonconformities to
conform to the regulations contained in the zoning
ordinance and may impose such additional restrictions or
conditions as it deems necessary to protect the public
interest. When appropriate,restrictive covenants may be111
entered into regarding such matters.
Costs of monitoring compliance (3) The Planning Commission may impose and the applicant I
with the permit can be imposed by shall pay costs incurred by the Zoning Administrator for
the PAC. monitoring compliance with the conditions of the
Conditional Use Permit. I
10.4 Compliance
The use shall conform with the applicable sections of this
Ordinance,including,but not limited to Chapter Four.
I
10.5 Length of Conditional Use.
Any use permitted under the terms of any conditional use permit
shall be established and conducted in conformity to the terms of
such permit and of any conditions designated in connection
therewith. Conditional Use Permits shall remain in effect for so
long as the conditions agreed upon are observed,provided that
nothing in this section shall prevent the County Board or the 111Planning Advisory Commission from acting or amending Official
Controls to change the status of conditional uses.
10.6 Expiration of Conditional Use Permit.
A conditional use permit shall expire and be considered null and
void one(1)year after it has been issued if no construction has
begun or if use has not been established.
Violations of conditions imposted by 10.7 Revocation.
the Planning Advisory Commission
can cause the conditional use (1) A violation of any condition set forth in a conditional use
permit to be revoked. permit shall be a violation of this Ordinance,and failure to
correct said violation within thirty(30)days of written
notice from the Zoning Administrator shall terminate the
permit.
(2) Revocation shall not occur earlier than ten(10)County
working days from the time written notice of revocation is
served upon the permittee or if a hearing is requested,until
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written notice of the Planning Commission action has been
served on the permittee.
1 (3) Notice to the permittee shall be servedersonall
P Y or by
registered or certified mail at the address designated in the
permit application. Such written notice of revocation shall
contain the effective date of the revocation,the nature of
the violation or violations constituting the basis of the
revocation,the facts which support the conclusions that a
violation or violations have occurred and a statement that
if the permittee desires to appeal, he must,within ten(10)
working days, exclusive of the day of service, file a
1 request for a hearing.
' (4) The hearing request shall be in writing,stating the grounds
for appeal and served personally or by registered or
certified mail on the Washington County Department of
Health,Environment and Land Management by midnight
of the tenth County working day following service.
(5) Following the receipt of a request for hearing,the
Washington County Department of Health,Environment
and Land Management shall set a time and place for the
hearing,which hearing shall be conducted in accordance
with the procedures set forth in the Washington County
Administrative Ordinance,
1 Records of Conditional Uses are 10.8 Records of Conditional Uses.
maintained by the Zoning
Administrator and filed with the (1) A certified copy of any conditional use shall be filed with
County Recorder. the County Recorder or Registrar of Titles.
(2) The Zoning Administrator shall maintain a record of all
' conditional use permits issued including information on
the use, location,conditions imposed by the Planning
Advisory Commission,time limits,review dates and such
' other information as may be appropriate.
(3) A copy of the filed permit, bearing a notation of the filing
date shall be mailed to the applicant.
10.9 Amended Conditional Use Permits.
Amended conditional use permits shall be requests for changes in
conditions of the existing permit. An amended conditional use
1 permit application shall be administered in a manner similar to that
required for a new conditional use permit.
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Washington County Zoning Ordinance • Chapter One • Administration
10.10 Reapplication. I
No application for a conditional use permit for a particular use on a
particular parcel of land shall be resubmitted for a period of twelve
(12)months from the date of the denial of the previous application.
Appeal.
to decisions made by the 10.11 Planning Commission Decision and
Planning Advisory Commission are
heard by the Washington County A decision of the Planning Advisory Commission as it relates to a
Board of Commissioners. conditional use permit shall not take effect for fifteen(15)days
from the date the decision was made. During this fifteen(15)day
period an appeal of the decision may be made to the Washington
County Board of Commissioners; if no appeal is made within this
time period,the decision will take effect and shall be considered
final. ,
10.12 Phased Developments.
In order to preserve an appropriate flexibility in the development
plans for a large project which is to be developed over a number of
years,a preliminary plan may be approved after a public hearing.
The developer would then seek approval of the final plan in stages
as he progresses with development. No additional public hearings
need be held unless the developer proposes to make a substantial
change from the plans or conditions included in the conditional use
permit when it was granted approving the preliminary plan.
Enlargement, intensification of use or similar changes not
specifically permitted by the conditional use permit issued, shall
be considered substantial changes.
10.13 Existing Uses. I
All uses existing at the time of adoption of this Ordinance that now
require a conditional use permit may continue in the same manner
of operation as the use did upon the effective date of this
Ordinance. The Zoning Administrator may require a conditional
use permit for the use. Any enlargement, structural alteration or
intensification of use shall require a conditional use permit as
provided for above. The Planning Advisory Commission may
impose additional,reasonable conditions for the continuation of
such use in accordance with the hearing provisions as set forth in
Section 10.
1
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SECTION 11. CERTIFICATES OF COMPLIANCE
Some uses in zoning districts The Zoning Administrator shall issue
ificatof compliance in any
require a Certificate of Compliance. district for a proposed use listed in ChaptertTwo,i f the proposed use will
Please refer to Section 2, Chapter
Two. not be contrary to the provisions of this Ordinance. The certificate shall be
granted for a particular use and not for a particular person or firm.
Apply for a Certificate of 11.1 Application.
Compliance from the Zoning
Administrator. Whenever this Ordinance requires a certificate of compliance,a
' written application shall be filed with the Zoning Administrator.
The application shall be accompanied by development plans of the
proposed use showing such information as may be reasonably
required by the Zoning Administrator. These plans shall contain
adequate information upon which the Zoning Administrator can
determine the proposed development will meet all development
standards if the project proceeds in accordance with such plans.
11.2 Compliance.
111 The use shall conform with the regulations specified in this
Ordinance, including, but not limited to applicable sections of
Chapter Four.
Zoning Administrator can issue a 11.3 Issuance and Conditions.
certificate of compliance if the use
meets the conditions of this
ordinance. No public hearing is If the Zoning Administrator determines that the use is in
compliance with the condition contained in this ordinance then the
required for certificates of Zoning Administrator shall issue the certificate. Conditions
compliance. required by this Ordinance shall be applied to the issuance of the
certificate of compliance and a periodic review of the certificate
and proposed use may be required.
11.4 Record of Certificates of Compliance.
(1) A certified copy of any Certificate of Compliance may be
filed with the County Recorder or Registrar of Titles.
(2) The Zoning Administrator shall maintain a record of all
certificates of compliance issued including information on
the use, location and conditions imposed as part of the
permit such as time limits, review dates and such other
information as may be appropriate.
An appeal to a decision by the 11.5 Appeals to Denial of Certificates of Compliance.
Zoning Administrator about a
certificate of compliance is heard If the request for a certificate of compliance is denied, if
by the Board of Adjustment and conditions are imposed,or if revoked,the applicant may appeal the
Appeals. decision to the Board of Adjustment and Appeals. The procedures
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Washington County Zoning Ordinance • Chapter One • Administration
to be followed in this case shall be the same as those followed for
an appeal of any administrative decision made by the Zoning
Administrator.
11.6 Expiration of Certificates of Compliance.
A Certificate of compliance shall expire and be considered null
and void one(1)year after it has been issued if the use has not
been established.
Violations of conditions imposed by 11.7 Revocation.
the Zoning Administrator can be
cause for revocation of the A violation of any condition set forth in a certificate of compliance
certificate of compliance. shall be a violation of this ordinance and failure to correct said
violation within thirty(30)days of written notice from the Zoning
Administrator shall terminate the certificate of compliance. The
hearing procedure for said revocation shall be the same procedure
as that set forth under Section 10.6 of this Chapter.
11.8 Existing Uses.
All uses existing at the time of adoption of this Ordinance that now
require a certificate of compliance may continue in the same
manner of operation as the use did upon the effective date of this
Ordinance. The Zoning Administrator may require a certificate of
compliance for the use. Any enlargement, structural alteration or
intensification of use shall require a certificate of compliance as
provided for above. The Zoning Administrator may impose
additional,reasonable conditions for the continuation of such use
in accordance with the hearing provisions as set forth in Section
11. ,
SECTION 12. OTHER PERMITS 1
You need to have a valid building 12.1 Building Permits. I
permit before doing any site work
or construction/alteration to (1) No structure shall be erected,moved in or structurally
structures. altered until a statement has been issued by the Zoning
Administrator, indicating that the existing or proposed
structure and the use of the land comply with this
Ordinance.
(2) The local building official shall notify the County prior to
the issuance of any building permit for a new structure or
expansion in square footage of an existing structure. The
County Zoning Administrator shall review the building
permit application for compliance with standards I
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Washington County Zoning Ordinance • Chapter One • Administration
Icontained in the County ZoningOrdinance.
Construction
details will not be reviewed by the Zoning Administrator.
IThe Zoning Administrator shall provide a response to the
local building official regarding the County Ordinance
requirements for said project within three(3)business
Idays of notification.
(3) No building permit shall be issued for any improvement
I
which would result in a use, building or structure in
violation of this Ordinance.
I
(4) No site preparation work, including rough grading,
driveway construction,footing excavation,tree removal or
other physical changes to the site shall occur prior to the
issuance of a building permit and other zoning use permits.
I Areas not served by public sewer 12.2 On-Site Waste Disposal Permits.
require a permit for an on-site
Iwaste system. On-Site Waste (1) In areas without public sewer facilities,no building permit
Disposal permits must be issued for any use requiring on-site waste treatment and disposal
before a building permit is issued. shall be issued until a on-site waste disposal permit has
I first been issued.
(2) An on-site waste disposal permit shall be issued only after
I proof is furnished by the applicant that a suitable on-site
waste treatment and disposal system can be installed on
the site. Such system shall conform to all of the
I requirements of the County's On-Site Waste Treatment and
Disposal Ordinance, including percolation tests and
borings.
IDriveway access onto a County 12.3 Driveway Access Permits.
Road requires a permit from
I Washington County Public Works. Access drives onto County roads shall require an access permit
For information, call 430-4300. from the County Public Works Department. This permit shall be
issued prior to the issuance of any building permits. The County
A driveway permit may be required Engineer shall determine the appropriate location,size and design
by the local governing body for of such access drives and may limit the number of access drives in
access onto a public road under the interest of public safety and efficient traffic flow. The County
Township jurisdiction. Engineer, at his discretion,may refer a request for an access drive
permit onto a County road to the Planning Advisory Commission
for its recommendations.
ITownships also have zoning 12.4 Zoning Permits
authority. Permits may also be
I
required from that local (1) Minnesota Statutes Section 394.33 provides that townships
jurisdiction. Applicants should may continue to plan after the County has adopted a
check requirements with their local County Zoning Ordinance. The Township shall notify the
I
town clerk County Zoning Administrator of requests received by the
Township in accordance with their ordinances for an
I
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Washington County Zoning Ordinance • Chapter One • Administration
amendment,conditional use permit,minor subdivision, 1
plat,rezoning,vacation and variance.
(2) If a township holds a public hearing,the township shall
send notice of the public hearing to the Zoning
Administrator at least ten(10)days prior to the hearing
and a copy of all site plans and any other information
submitted by the applicant.
(3) Within ten(10)days after making a decision on the I
request,the township shall submit to the Zoning
Administrator the minutes of all meetings at which the
applications were discussed. The minutes of other ,
documents submitted shall set forth the action taken,
special conditions imposed and any other requirements
that were made part of the action. '
1
SECTION 13. ENVIRONMENTAL ASSESSMENT OR IMPACT
STATEMENTS I
Some land uses will require a 13.1 No use shall be approved prior to review by the Zoning111
mandatory EAW or EIS. Administrator to determine compliance with Minnesota Statute
Chapter 116C. and D.and the regulation promulgated thereunder.
The following are common projects which would require a
mandatory Environmental Assessment Worksheet(EAW). This
list is intended as informational only and is not all inclusive:
(1) Development of facility for the extraction or mining of ,
sand,gravel,stone or other non-metallic minerals which
will excavate more than 40 acres of land to a mean depth
of 10 feet or more during its excavation;
(2) Residential development consisting of 50 or more
unattached units in an unsewered area or 100 unattached
units in a sewered unincorporated area;
(3) Construction of a new or expansion of an existing
industrial, commercial or institutional facility of 100,000
square feet in an unincorporated area.
i
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ISECTION 14. NONCONFORMITIES
Upon adoption of these rules, an 14.1 Nonconforming Situations.
existing lot, structure or use may
not conform to the new regulations. Within the districts established by this Ordinance or amendments
I This section details how those that may later be adopted, situations may occur where as a result of
nonconforming uses, structures and the regulations contained in this Ordinance, an existing lot or
lots will be treated under this structure or use of an existing lot or structure does not conform to
I Zoning Ordinance. one or more of the regulations contained in this ordinance. It is the
intent of this Ordinance to regulate such nonconforming situations
I
in such a way that they can continue but will ultimately be phased
out by prohibiting their enlargement,expansion or alteration,re-
establishment after discontinuance or abandonment, or restoration
Iafter damage or destruction.
The term `Nonconforming Use// 14.2 Nonconforming Use.
means any legal or lawful use of
Iland or any lawful or legal use of a (1) Any structure or use existing on the effective date of this
structure existing on the effective Ordinance which is not in conformity with the regulations
date of this Ordinance, or any contained in this ordinance shall be allowed to continue,
I amendment thereto, which use does subject to the following conditions:
not conform with the regulations for
the district in which it is located (A) No such use and/or structure shall be expanded,
Iafter the effective date of this enlarged or altered, including any increase in the
Ordinance or such amendment. volume, intensity, frequency or use of property
I
where a nonconforming use exists. A change from
one nonconforming use to another nonconforming
use is not permitted.
I (B) A nonconforming use of a parcel of open land may
not be extended to cover more land than was
occupied by that use when it became
Inonconforming, except that use involving the
removal of natural materials, such as sand or
gravel. This one use may be expanded within the
Iboundaries of the parcel where the use was
established at the time it became nonconforming,
subject to the standards contained in the
IWashington County Mining Ordinance.
(C) A nonconforming use of a structure which has
I been discontinued for a period of twelve(12)
consecutive months shall not be re-established and
any further use shall be in conformity with the
I
regulations of this Ordinance.
The cost of renovation or repair or (D) If a structure used for a nonconforming use is
replacement shall mean the fair damaged to the extent that the cost of repair or
I market value of the materials and replacement would exceed fifty percent(50%)of
D:\MyFiles\LANDUSE\-ZONING\CHAPTER1.wpd{6/11/97Idkk}
I57
I _
Washington County Zoning Ordinance • Chapter One • Administration
services necessary to accomplish the appraised valuation of the damaged structure, I
such renovation, repair or then the damaged structure shall not be restored,
replacement. The appraised repaired or replaced, except in conformity with
valuation shall mean the market this Ordinance.
value of the structure as determined
by the current records of the County (2) Nothing in this Ordinance shall prevent modernization or
Assessor. repairing of a structure when said structure is declared
unsafe by a certified Building Inspector,providing the cost
of the necessary repairs shall not constitute more than fifty
percent(50%)of the appraised value of the structure. I
(3) All nonconforming projects on which a building permit
has been issued may be completed in accordance with the
I
terms of their permit as long as the permit is valid.
(4) The Planning Advisory Commission or Zoning
I
Administrator may require that a conditional use permit be
issued for the nonconforming use.
The term "Nonconforming 14.3 Nonconforming Structure. I
Structure"means any structure
lawfully or legally existing on the (1) Any structure existing on the effective date of this
effective date of this Ordinance or Ordinance which is not in conformity with the regulations 111
any amendment thereto which does contained in this Ordinance shall be allowed to continue,
not conform to the regulations, subject to the following conditions:
including the dimensional standards
for the district in which it is located (A) A nonconforming structure which is destroyed or
after the effective date of this damaged by any means to the extent that the cost
I
Ordinance or amendments thereto. of repair or replacement would exceed fifty
percent(50%)of the appraised value of the
original structure shall not be restored,repaired or
replaced,except in conformity with this
Ordinance. If a structure cannot be placed on the
lot meeting all current standards,the variance I procedure must be followed. For the purposes of
this Ordinance the term "Appraised Value" shall
mean the market value of the property as
determined by the current records of the County
Assessor for the year in which damage was done.
(B) Not withstanding the foregoing, if the
I
nonconforming structure is a homesteaded
dwelling,and does not meet the required structure
setback from the road for the district it is located
in,then it may be repaired or replaced within its
existing footprint at its existing location without
I
the need for a variance. This exception does not
apply to any other nonconforming structures.
I
58 D:\MyFiles\LANDUSE\-ZONING\CHAPTER1.wpd{6/11/97Idkk}
I
Washington County Zoning Ordinance • Chapter One • Administration
C
( ) Nothing in this Ordinance shall prevent repair of a
structure when said structure is declared unsafe by
a certified Building Inspector, providing the cost
of the repairs shall not constitute more than fifty
percent(50%)of the appraised value of the
original structure.
(D) All construction projects for which a valid
building permit was granted before the effective
date of this Ordinance may be completed although
the structure would not meet newly established
standards of this Ordinance.
(2) A nonconforming structure may be enlarged, altered or
dththty ag inas
longexpanas eacedwih of
out the followingenecessiconditionsofobtcan inina bevarmet aforce the
district in which the structure is located:
(A) This enlargement, alteration or expansion itself
does not violate any other provisions of this
' Ordinance, other than the provision that made the
structure nonconforming in the first place.
(B) Long-term sewage disposal needs can be met.
Nonconforming lot means a 14.4 Nonconformi g Lots.
separate parcel or lot of record on
Ithe effective date of this ordinance (1) Any separate lot or parcel created in accordance with the
or any amendments thereto, which Washington County Subdivision Ordinance and of record
lot or parcel does not conform to in the Washington County Recorder's Office on or before
the regulations, including
dimensional standards contained in the effective date of this Ordinance may be used for the
this ordinance or amendments legal use for which it is zoned:
thereto.
(A) Provided it has a minimum of 60%of the required
frontage on an improved public road or on a
private road approved by a township;to be
considered an approved private road,the
Township Board of Supervisors must, by
resolution, specify the road, indicate the road is
capable of supporting emergency vehicles,and
specify that provisions exist for on-going
maintenance of the road; and
(B) Is at least one(I)1 acre of
buildable land in
unserviced areas or has a minimum lot area of
9,000 square feet in areas served with public
sewer; and
D:\MyFiles\LANDUSE\-ZON1NG\CHAPTERI.wpd{6/11/97Idkk}
59
Washington County Zoning Ordinance • Chapter One • Administration
(C) An on-site waste disposal system can be installed ,
in accordance with Chapter Eight of this
Ordinance; and
(D) Any such lot or parcel of land which is in the
Residential Suburban(RS)district may be used for
single family detached dwelling purposes provided
the area and width thereof are within sixty percent
(60%)of the minimum requirements of this
Ordinance,provided all setback requirements of
this Ordinance can be maintained;and provided it
can be demonstrated that a safe and adequate
sewage treatment system can be installed to serve
such permanent dwelling.
(E) All other requirements of this Ordinance can be
met.
(2) If in the case of two(2)or more contiguous lots or parcels
of land under a single ownership,any individual lot or
parcel does not meet the minimum requirements of this
Ordinance,such individual lot or parcel cannot be
considered as a separate parcel of land for purposes of sale
or development but must be combined with adjacent lots
under the same ownership so that the combination of lots
will equal one or more parcels of land meeting the full
requirements of this Ordinance.
(3) A conforming lot shall not be reduced in size so that it 1
would become nonconforming in any aspect of this
Ordinance. A nonconforming parcel shall not be reduced
in size.
(4) Where a nonconforming lot of record contains a
conforming principal structure, said principal structure
may be enlarged, altered or expanded without a variance
provided:
(A) The enlargement,alteration or expansion does not
violate any other provision of this Ordinance.
(B) Long term sewage disposal needs can be met.
i
1
i
60 D:\MyFiles\LANDUSE\-ZONING\CHAPTER1.wpd{6/11/971dkk}
Washington County Zoning Ordinance • Chapter One • Administration
SECTION 15. AMENDMENTS TO THE WASHINGTON COUNTY
ORDINANCE AND COMPREHENSIVE PLAN
These rules can be amended by the 15.1 An amendment to this Ordinance or the Comprehensive Plan may
Washington County Board of
Commissioners after a formal be initiated by the County Board,the Planning Advisory
Commission or by petition of the affected
ro e
public hearing.
petition by affected roowners. A
p pe p p m'rty owners shall be presented to the
County Board of Commissioners. An amendment not initiated by
the Planning Advisory Commission shall be referred to the
Planning Advisory Commission for their study, report and
recommendation, and may not be acted upon by the Board until it
has received the recommendation of the Planning Advisory
Commission or sixty(60)days have elapsed from the date of the
first meeting of the Planning Advisory Commission following
reference of the amendment without a report by the Planning
Advisory commission.
Changes to the Comprehensive Plan 15.2 In connection with the adoption by ordinance of any
or this Zoning Ordinance require a Comprehensive Plan amendment or adoption or amendment of any
public hearing. Official Control in addition to any notice required by this
Ordinance notice of the time,place and purpose of the hearing
shall be given in the manner provided by Minnesota Statutes
' 394.26 and 375.51.
SECTION 16. ENFORCEMENT
16.1 Violations. The violation of any provision of this Ordinance or the
111violation of the conditions or provisions of any permit issued
pursuant to this Ordinance shall be a misdemeanor,and upon
conviction thereof,the violator shall be subject to the fine,
imprisonment or both;plus in either case,the cost of prosecution.
16.2 Penalties. Unless otherwise provided, each act of violation and
every day on which such violation occurs or continues,constitutes
a separate offense.
16.3 Application to County Personnel. The failures of any officer or
employee of the County to perform any official duty imposed by
this Ordinance shall not subject the officer or employee to a
penalty imposed for violation unless a penalty is specifically
provided for such failure.
16.4 Equitable Relief. In the event of a violation or the threatened
violation of any provision of this Ordinance or any provision or
condition of a permit issued pursuant to this Ordinance,the
County, in addition to other remedies,may institute appropriate
actions or proceedings to prevent,restrain, correct or abate such
violation or threatened violation.
D:\MyFiles\LANDUSE\-ZONIIdG\CHAPTERI.wpd{6/11/97Idkk)
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I
ICHAPTER TWO
ZONING MAPS,DISTRICTS AND USES
ITable of Contents
ISECTION 1. ZONING MAPS 1
SECTION 2. "AP", "A-1', "A-2", "A-4",AGRICULTURAL DISTRICTS AND USES 2
I
2.1 Purpose and Scope 2
2.2 Land Uses in Agricultural Districts 2
I SECTION 3. "RR",RURAL RESIDENTIAL DISTRICT AND USES 3
3.1 Purpose and Scope 3
3.2 Land Uses in Rural Residential Districts 3
ISECTION 4. "SFE"SINGLE FAMILY ESTATE DISTRICT AND USES 5
4.1 Purpose and Scope 5
I4.2 Land Uses in Single Family Estate Districts 5
SECTIONS. "RS",RESIDENTIAL SUBURBAN DISTRICT AND USES 6
I 5.1 Purpose and Scope 6
5.2 Uses in Residential Suburban Districts 6
I SECTION 6. "TZ", TRANSITION ZONE DISTRICT AND USES 7
6.1 Purpose and Scope 7
6.2 Land Uses in Transitional Zone Districts 7
ISECTION 7. CONSERVANCY DISTRICT AND USES 8
7.1 Purpose and Scope 8
7.2 Land Uses in the Conservancy District 8
I
7.3 Performance Standards 8
SECTION 8. "CI-R", COMMERCIAL/LIGHT INDUSTRIAL-RURAL DISTRICT AND USES 9
I
&1 Purpose and Scope 9
&2 Land Uses in Commercial/Light Industrial-Rural Districts 9
I SECTION 9. "CI-U", COMMERCIAL/LIGHT INDUSTRIAL- URBAN DISTRICT AND USES 10
9.1 Purpose and Scope 10
9.2 Land Uses in the Commercial/Light Industrial-Urban Districts 10
Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
Commentary/Interpretive CHAPTER TWO
' Purposes Only
ZONING MAPS,DISTRICTS AND USES
Land in unincorporated areas is For the purpose of this Ordinance,the unincorporated areas of the County
divided into districts. Allowed uses are divided into districts.Each district has: a)primary uses; b)uses
of the land are defined in this allowed with a Certificate of Compliance; and c)uses allowed with a
Chapter. Conditional Use Permit as herein defined.Unless a use is specifically
defined as a primary use or allowed with a Certificate of Compliance or a
' Boundaries of the zoning districts Conditional Use Permit, it is a prohibited use.
are delineated on the official zoning
map.
' SECTION 1. ZONING MAPS
' 1.1 The boundaries of the districts as established by this Chapter are as
shown on the map published and made part of this Chapter. This
map is designated as the Official Zoning Map of the County,and
' shall be maintained by the Zoning Administrator. The district
boundary lines on this map are intended to follow street right-of-
way lines, street centerlines or lot lines unless such boundary is
' indicated otherwise on the map. In the case of unsubdivided
property or in any case where street or lot lines are not used as
boundaries,the district boundary lines shall be determined by use
of dimensions or the scale appearing on the map.All of the
' notations,references and other information shown thereon shall
have the same force and effect as if fully set forth herein and are
made a part of this Chapter by reference and incorporated herein
fully as if set forth herein at length. Whenever any street or public
way is vacated,any zoning district line following such centerline
of said vacated street or way shall not be affected by such
' vacation.
1.2 When any permit issued for a Planned Unit Development or any
' other permit which affects any zoning district in a substantial way,
said permit shall be coded and noted on the zoning district map by
the Zoning Administrator so as to clearly indicate the use so
' permitted which may not otherwise be clearly evident from the
map or text of this Chapter.
' 1.3 When uses in a district are listed as both primary,permitted with a
certificate of compliance or conditional use permit,or when any
other conflict appears in the Chapter with respect to uses within a
district,the more restrictive provisions shall be applied.
1
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Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
SECTION 2. "AP", "A-1', "A-2", "A-4",AGRICULTURAL
DISTRICTS AND USES
There are four agricultural districts 2.1 Purpose and Scope.
in the unincorporated areas of the
County:AP,A-1,A-2, andA-4. (1) "AP",Agricultural Preserves District: The"AP"District
Maximum densities in these are those specific parcels of land created and restricted
districts: according to Minnesota Statutes 473H. to remain in
agricultural use.
AP =
1 dwelling unit per 40 acres (2) "A-1",Agricultural District: The"A-1"District,as shown
on the zoning district map, is established to preserve
A-1 = agriculture as a viable long term land use and significant
1 dwelling unit per 40 acres economic activity. Land within this district is eligible for
inclusion into the Metropolitan Agricultural Preserves
A-2 = Program.
2 dwelling units per 40 acres
(3) "A-2",Agricultural District: The"A-2"district,as shown
A-4 = on the zoning district map,has been established to
4 dwelling units per 40 acres preserve agriculture as a viable long term land use and
significant economic activity within the County. Land
within this district may be eligible for inclusion in the
Metropolitan Agricultural Preserves Program.
(4) "A-4",Agricultural District: The"A-4"district,as shown
on the zoning district map, is established to preserve land
for interim agricultural uses and to preserve the rural
character of the County.
Land in an agricultural district is 2.2 Land Uses in Agricultural Districts.
used primarily for agriculture and
single family residential. (1) Primary Uses. The following are primary uses in the
"AP", "A-1","A-2"and"A-4"districts: '
(A) Agriculture
(B) Single Family Residential
Certain uses, other than agriculture
gr (2) Uses with a Certificate of Compliance. The following uses
or single family residential, may be are permitted in the"AP","A-1", "A-2"and"A-4"
allowed with a Certificate of districts after the issuance of a Certificate of Compliance:
Compliance.
(A) Accessory Apartments
(B) Agricultural Business—Seasonal
(C) Essential Services—Government Uses,Buildings
and Storage
(D) Essential Services—Utility Substation
(E) Home Occupation
(F) Horse Training Facility,Commercial(less than 10
horses) ,
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1
IWashington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
(G) Horse Training Facility, Private(over 10 horses
I (H) Livestock and Livestock Operations(11-49 animal
units)
(I) Place of Worship
(J) Plant Nursery
I
(K) Temporary Care Facility
(L) Temporary Dwelling Unit—Construction
(M) Temporary Farm Dwelling
ICertain uses, other than agriculture (3) Uses with a Conditional Use Permit. The following uses
or single family residential, may be are permitted in the"AP","A-1","A-2"and"A-4"
I allowed with a Conditional Use districts after the issuance of a Conditional Use Permit:
Permit.
(A) Balloon Port—Commercial
I (B) Bed and Breakfast Inn
(C) Cemeteries
(D) Commercial Kennel
I (E) Community Residence
(F) Golf Course
(G) Horse Training Facility,Commercial(over 10
I (H) horses)
Livestock and Livestock Operations(over 49
animal units)
I
(I)
(J) Mining Operations
Multi-Family Residential Development
(K) Open Space Development
(L) Recreational Use, Passive
I
(M) Resorts/Conference Facilities
(N) Schools
(0) Travel Trailer/Recreational Vehicle Campground
1 (P) Wireless Communication Facility
(Q) Yard Waste Facility
ISECTION 3. "RR",RURAL RESIDENTIAL DISTRICT AND USES
I
Land designated in a rural 3.1 Purpose and Scope.
I residential district has a maximum
density of 8 dwelling units per 40 The Rural Residential District is established to provide areas for
acres. rural low-density housing in agricultural/rural areas on lands not
I capable of supporting long-term agricultural activities. The
purpose of this district is to retain the rural character of the
County.
ILand in a rural residential district 3.2 Land Uses in Rural Residential Districts.
is used primarily for agriculture
and single family residential.
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Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
(1) Primary Uses. The following are primary uses in the"RR"
District.
(A) Agriculture '
(B) Single Family Residential
Certain uses, other than agriculture (2) Uses with a Certificate of Compliance. The following uses
or single family residential, may be are permitted in the"RR"District after the issuance of a
allowed with a Certificate of Certificate of Compliance:
Compliance.
(A) Accessory Apartment
(B) Agricultural Business—Seasonal
(C) Essential Services—Government Uses,Building
and Storage
(D) Essential Services—Utility Substation
(E) Home Occupation
(F) Horse Training Facility,Commercial(less than 10
horses)
(G) Horse Training Facility,Private(over 10 horses)
(H) Place of Worship
(I) Plant Nursery
(J) Temporary Care Facility •
(K) Temporary Dwelling Unit—Construction
(L) Temporary Farm Dwelling
Certain uses, other than agriculture (3) Uses with a Conditional Use Permit. The following uses
or single family residential, may be are permitted in the"RR"district after the issuance of a
allowed with a Conditional Use Conditional Use Permit:
Permit. '
(A) Balloon Port-Commercial
(B) Bed and Breakfast Inn
(C) Cemeteries
(D) Commercial Kennel
(E) Community Residence
(F) Golf Course
(G) Horse Training Facility,Commercial(over 10
horses)
(H) Livestock and Livestock Operations(over 11
animal units)
(I) Mining
(J) Multi-Family Residential Development
(K) Recreational Use,Passive
(L) Resort/Conference Facilities
(M) Schools
(N) Travel Trailer/Recreational Vehicle Campground
(0) Wireless Communication Facility
(P) Yard Waste Facility
4 aNyFiles\LANDUSE\-ZONMGTHAPTER2.wpd{6/12/97Idkk}
IWashington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
SECTION 4. "SFE"SINGLE FAMILY ESTATE DISTRICT AND
USES
I
Land designated in a Single Family 4.1 Purpose and Scope.
I
Estate district has a maximum
density of 16 dwelling units per 40 The Single Family Estate District provides residential areas in
acres. developing rural areas. The purpose of this district is to provide
I lots large enough to maintain a semi-rural setting,but lots not large
enough to support long-term agricultural activities.
I Land in a Single Family Estate 4.2 Land Uses in Single Family Estate Districts.
district is used primarily for
agriculture and single family (1) Primary Uses. The following are primary uses in the
1 residential. "SFE"District:
(A) Agriculture
I (B) Single Family Residential
Certain uses, other than agriculture (2) Uses with a Certificate of Compliance. The following uses
or single family residential, may be are permitted in the"SFE"District after the issuance of a
I
allowed with a Certificate of Certificate of Compliance:
Compliance.
(A) Accessory Apartment
I
(B) Agricultural Business—Seasonal
(C) Essential Services—Government Uses,Building
and Storage
I
(D) Essential Services—Utility Substation
(E) Home Occupation
(F) Horse Training Facility,Commercial(less than 10
I horses)
(G) Horse Training Facility,Private(over 10 horses)
(H) Place of Worship
I
(I) Plant Nursery
(J) Temporary Care Facility
(K) Temporary Dwelling Unit—Construction
I (L) Temporary Farm Dwelling
Certain uses, other than agriculture (3) Uses with a Conditional Use Permit. The following uses
I or single family residential, may be
allowed with a Conditional Use are permitted in the"SFE"District after the issuance of a
Conditional Use Permit:
Permit.
I (A) Cemeteries
(B) Community Residence serving 7-16 patients
(C) Golf Course
I (D) Horse Training Facility,Commercial(over 10
horses)
(E) Livestock and Livestock Operations(over 11
animal units)
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Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
(F) Multi-Family Residential Development
(G) Schools
SECTION 5. "RS",RESIDENTIAL SUBURBAN DISTRICT AND
USES I
5.1 Purpose and Scope.
The purpose of this district is to provide higher density residential
uses on lots where a full range of public utilities and services are
available.
Land in a Residential Suburban 5.2 Uses in Residential Suburban Districts.
district is used primarily for
agriculture and single family (1) Primary Uses. The following are primary uses in the"RS"
residential. District:
(A) Agriculture '
(B) Single Family Residential
Certain uses, other than agriculture (2) Uses with a Certificate of Compliance. The following uses
and single family residential, may are permitted in the"RS"District after the issuance of a
be allowed with a Certificate of Certificate of Compliance:
Compliance.
(A) Accessory Apartment
(B) Community Residence
(C) Essential Services—Government Buildings, Storage
and Uses
(D) Essential Services—Utility Substation
(E) Home Occupation
(F) Place of Worship
(G) Temporary Care Facility
(H) Temporary Dwelling Unit—Construction
(I) Temporary Farm Dwelling
(J) Horse Training Facility,Private(over 10 horses)
Certain uses, other than agriculture (3) Uses with a Conditional Use Permit. The following uses
and single family residential, may are permitted in the"RS"District after the issuance of a
be allowed with a Conditional Use Conditional Use Permit:
Permit.
(A) Cemeteries
(B) Community Residence serving 7-16 people
(C) Livestock and Livestock Operations(over 11
animal units)
(D) Multi-Family Residential Development
(E) Schools
(F) Golf Course
(G) Horse Training Facility,Commercial(over 10
horses) ,
6 D:\MyFiles\LANDUSE\-ZONING\CHAPTER2.wpd{6/12/971dkk}
Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
1
SECTION 6. "TZ", TRANSITION ZONE DISTRICT AND USES
6.1 Purpose and Scope.
' The purpose of this district is to preserve lands immediately
adjacent to areas served with public utilities which over time could
' ultimately become urban or suburban in nature.
•
Land in a Transitional Zone is used 6.2 Land Uses in Transitional Zone Districts.
I primarily for agriculture and single
family residential. (1) Primary Uses.The following are primary uses in the"TZ"
zone.
(A) Agriculture
(B) Single Family Residential
Certain uses, other than agriculture (2) Uses with a Certificate of Compliance. The following uses
and single family residential, may are permitted in the"TZ"District after the issuance of a
be allowed with a Certificate of Certificate of Compliance:
' Compliance.
(A) Accessory Apartment
(B) Agricultural Business- Seasonal
' (C) Essential Services—Government Uses,Building
and Storage
(D) Essential Services—Utility Substation
' (E) Home Occupation
(F) Horse Training Facility,Commercial(less than 10
horses)
(G) Horse Training Facility,Private(over 10 horses)
(H) Place of Worship
(I) Plant Nursery
' (J) Temporary Care Facility
(K) Temporary Dwelling Unit—Construction
(L) Temporary Farm Dwelling
Certain uses, other than agriculture (3) Uses with a Conditional Use Permit. The following uses
and single family residential, may are permitted in the"TZ"District after the issuance of a
be allowed with a Conditional Use Conditional Use Permit:
' Permit.
(A) Cemeteries
(B) Community Residence
' (C) Golf Course
(D) Horse Training Facility,Commercial(over 10
horses)
' (E) Livestock and Livestock Operations(over 11
animal units)
(F) Multi-family Residential Development
D:\MyFiles\LANDUSE\-ZONING\CHAPTER2.wpd{6/12/97tdkk} 7
Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
(G) Schools
SECTION 7. CONSER VANCYDISTRICT AND USES
Land in a Conservancy District 7.1 Purpose and Scope.
contains either a valuable natural
resource or other similar resource. The Conservancy District is established to provide special
The intent is to foster,preserve and regulatory protection for those areas that either contain a valuable
promote sensitive development of natural resource or other similar resource and to foster,
preserve
this land and promote sensitive development in these areas. Land within
this district may be unsuitable for agricultural production or
development due to wetlands,woodlands, steep slopes, scenic
views, bedrock formations, and/or other physical features of
unique natural and biological characteristics.
7.2 Land Uses in the Conservancy District.
(1) Primary Uses. The following are primary uses in the
Conservancy District:
(A) Agriculture
(B) Single Family Residential
(2) Uses with a Certificate of Compliance. The following uses
are permitted in the Conservancy District after the issuance
of a Certificate of Compliance: I
(A) Accessory Apartment
(B) Agricultural Business—Seasonal
(C) Essential Services—Government Uses, Building
and Storage
(D) Essential Services—Utility Substation
(E) Home Occupation
(F) Plant Nursery
(G) Temporary Care Facility
(H) Temporary Dwelling Unit—Construction
(I) Temporary Farm Dwelling
(3) Uses with a Conditional Use Permit. '
(A) Recreation Uses—Passive
7.3 Performance Standards
(A) Land alteration and development shall not I
encroach on rare plant communities or endangered
species identified in the Minnesota Department of
8
D:\MyFiles\LANDUSE\-ZONING\CHAPTER2.wpd{6/12/971dkk}
IWashington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
Natural Resources County Biological Survey for
Natural Communities and rare species.
I (B) The impacts of land alteration and development on
the existing wildlife and plant habitats shall be
I minimized through site design,restoration and by
maintaining continuitywith those bitats on
adjacent sites.
I (C) Land alteration and development shallhaminimize
the impacts on the hydrological regime and water
' quality of surface water by using best management
practices.
ISECTION 8. "CI-R", COMMERCIAL/LIGHT INDUSTRIAL-RURAL
DISTRICT AND USES
I
This district is provided for 8.1 Purpose and Scope.
Commercial/Light Industrial
Idevelopment where NO public The purpose of this district is to provide an area for a general mix
sanitary sewer is available. of commercial and light industrial businesses that are non-
I threatening to the environment. Public sanitary sewer is not
available in this district.
8.2 Land Uses in Commercial/Light Industrial-Rural Districts.
IThere are no primary uses in the (1) Primary Uses. There are no primary uses in Commercial
Commercial/Light Industrial- /Light Industrial-Rural Districts.
Rural District.
Certain uses are allowed in CI-R (2) Uses with a Certificate of Compliance. The following uses
I
districts with a Certificate of are permitted in the"CI-R"District after the issuance of a
Compliance. Certificate of Compliance:
I (A) Bars&Taverns
(B) Clubs/Lodges
(C) Commercial Kennel
(D) Essential Services—Government Buildings,Storage
Iand Uses
(E) Essential Services—Utility Substations
I (F) Funeral Homes
(G) Home Occupations
(H) Light Manufacturing
(I) Medical Clinic
I
(J) Office
(K) Place of Worship
(L) Plant Nursery
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Washington County Zoning Ordinance•Chapter Two•Zoning Maps,Districts and Uses
(M) Recreation Use-Active
(N) Restaurants
(0) Retail Sales '
(P) Self-Storage Facility
(Q) Veterinary Clinic
(R) Warehousing and Distribution
(S) Wholesale
Certain uses are allowed in CI-R (3) Uses with a Conditional Use Permit. The following uses
districts with a Conditional Use are permitted in the"CI-R"District after the issuance of a
Permit. Conditional Use Permit:
(A) Automotive Dealership '
(B) Cemeteries
(C) Community Residence serving 7-16 patients
(D) Mining
(E) Motor Vehicle Repair
(F) Motor Vehicle Service Station
(G) Multi-Family Residential Development
(H) Plant Nursery, Commercial
(I) Recycling Center
(J) Schools
(K) Shopping Center
(L) Storage Facility
(M) Transportation/Motor Freight Terminal I
(N) Wireless Communications Facility
(0) Yard Waste Facility
1
SECTION 9. "CI-U" COMMERCIAL/LIGHT INDUSTRIAL- URBAN
DISTRICT AND USES
This district is provided for 9.1 Purpose and Scope.
Commercial/Light Industrial
development where public utilities The purpose of this district is to provide an area for a general mix
will be provided of commercial and light industrial businesses where urban services
would be provided to accommodate future uses.
9.2 Land Uses in the Commercial/Light Industrial-Urban Districts.
There are no primary uses in the (1) Primary Uses. There are no primary
Commercial/Light Industrial- s. uses in Commercial
g /Light Industrial-Urban Districts.
Urban District.
Certain uses are allowed in CI-U (2) Uses with a Certificate of Compliance. The following are
districts with a Certificate of permitted in the"CI-U"District after the issuance of a
Compliance. Certificate of Compliance: ,
(A) Bars and Taverns '
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Washington CountyZoningOrdinance•Chapter Two•Zoning Maps,Districts and Uses
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(B) Clubs/Lodges
(C) Commercial Kennel
' (D) Essential Services—Government Buildings, Storage
and Uses
(E) Essential Services—Utility Substations
(F) Funeral Homes
(G) Home Occupations
(H) Light Manufacturing
(I) Medical Clinic
(J) Office
(K) Place of Worship
(L) Plant Nursery
(M) Restaurants
(N) Retail Sales
'
(0) Self-Service Storage Facility
(P) Veterinary Clinic
(Q) Warehousing and Distribution
(R) Wholesale
Certain uses are allowed in the CI- (3) Uses with a Conditional Use Permit. The following uses
U district with a conditional use are permitted in the"CI-U"District after the issuance of a
' permit. Conditional Use Permit:
(A) Automotive Dealership
' (B) Car Wash
(C) Cemeteries
(D) Community Residence serving 7 or more patients
(E) Hotel/Motel
(F) Mining
(G) Motor Vehicle Repair
(H) Motor Vehicle Service Station
(I) Multi-Family Residential Development
(J) Plant Nursery,Commercial
' (K) Recreational Use,Active
(L) Recycling Center
(M) Schools
' (N) Shopping Center
(0) Transportation/Motor Freight Terminal
(P) Yard Waste Facility
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rCHAPTER THREE
DENSITY AND LOT REQUIREMENTS
Table of Contents
ISECTION 1. DENSITY 1
1.1 Density in Districts 1
1.2 Determination of Density Units 2
1.3 Development Agreement 3
1.4 Transfer of Density Units 3
1 1.5 Conveyance of Land 3
SECTION 2. LOT REQUIREMENTS 4
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Washington County Zoning Ordinance•Chapter Three•Density and Lot Requirements
Commentary/Interpretive CHAPTER THREE
Purposes Only
DENSITY AND LOT REQUIREMENTS
This Chapter regulates the development of land located in the AP,A-1,A-
2,A-4,RR, SFE,RS,TZ and Conservancy districts.
This Chapter regulates the development of residential land through the use
of density and not minimum lot size and width zoning as found in
traditional zoning ordinances. This approach provides flexibility to
property owners by permitting three types of subdivision design:
conventional, lot averaging and open space development.
(1) The conventional subdivision plan divides property into
' lots according to the minimum lot size and width
requirements for the zoning district.
(2) The second technique, lot averaging,allows the property
owner to create parcels smaller than those of a
conventional subdivision plan provided the density of the
' development does not exceed the maximum density
permitted for the zoning district and the density that can be
achieved with a yield plan.
' (3) The third approach,open space design,also permits
property owners to subdivide parcels into lots smaller than
conventional subdivisions;however,the development must
' comply with certain design standards and a portion of the
property must remain as common open space.
This Chapter does not apply to land located in the Shoreland Overlay
District and Lower St. Croix River Bluffland and Shoreland Management
District. The development of land within these districts shall be
' determined in accordance with Chapter Seven, Shoreland and Chapter Six,
Lower St. Croix River Bluffland and Shoreland Management Ordinance
111
SECTION 1. DENSITY
Density is the number of dwelling
1.1 Density in Districts.
' units permitted per acre of land.
(1) In the A-P District,the density of residential dwelling units
A quarter-quarter section is defined shall not exceed one(1)dwelling unit per 40 acres or
as a tract of land legally described quarter-quarter section.
' as a full quarter-quarter or a 40
acre parcel not reduced by more (2) In the A-1 District,the density of residential dwelling units
than 10%due to road right-of-way shall not exceed one(1)dwelling unit per 40 acres or
dedication. quarter-quarter section.
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Washington County Zoning Ordinance•Chapter Three•Density and Lot Requirements
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(3) In the A-2 District,the density of residential dwelling units
shall not exceed two(2)dwelling units per 40 acres or
111
quarter-quarter section.
(4) In the A-4 District,the density of residential dwellings
shall not exceed four(4)dwelling units per 40 acres or
quarter-quarter section.
(5) In the"RR"Rural Residential District,the density of
residential dwelling units shall not exceed eight(8)
dwelling units per 40 acres or quarter-quarter section.
(6) In the"SFE"Single FamilyEstate
8 District,the density of
residential dwelling units shall not exceed 16 dwelling
units per 40 acres or quarter-quarter section. ,
(7) In the"RS"Residential Suburban District,the density of
residential dwelling units shall not exceed four(4)
111
dwelling units per 40 acres or quarter-quarter section
where public sewer is not available. The density of
residential uses may be greater than one dwelling unit per
acre when public sewer serves the development,per
Section 2.3 of this Chapter.
(8) In the"TZ"Transition Zone District,the density of
residential dwelling units shall not exceed one(1)dwelling
unit per ten(10)acres. The density of residential dwelling
units may be increased to four(4)dwelling units per ten
(10)acres if a master subdivision plan is submitted and
approved showing how each lot could be re-subdivided
into lots meeting the minimum lot standards for residential
suburban when public sewer becomes available.
(9) In the"C"Conservancy District,the density of residential ,
dwelling units shall not exceed two(2)dwelling units per
forty(40)acres or quarter-quarter section.
Density units are the number of 1.2 Determination of Density Units
individual dwelling units that can
be located on a parcel of land as For the purposes of developing land for residential development,
established thorough the use of a the maximum number of density units for any individual parcel
yield plan. For the purpose of this shall be determined by applying the following steps:
ordinance, a multi-family
residential dwelling is considered (1) The maximum number of density units for an individual
as having as many density units as parcel shall be calculated by; multiplying the size of the
there are individual dwelling units, parcel in acres by the maximum density per 40 acres for '
regardless of whether those units the district in which the parcel is located as set forth in
are attached or detached. Section 1.1 above;then dividing this number by 40 to
achieve the result. I
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IWashington CountyZoning Ordinance•Chapter Three•
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Calculation Example: (2) In order to determine the allowable number of density
Iunits per parcel, a yield plan drawn to scale showing the
A) 26 acres in the A-4 zone = maximum number of lots that would be permitted using the
26 x 4/40=104/40=2.6 density units performance standards for lots in a conventional
Isubdivision designed in accordance with the applicable
sections of the zoning ordinance, subdivision ordinance
and other applicable ordinances shall be prepared and
I
submitted to the Zoning
tor
ew.
after
70 acres 10 acres B
eoxnot,o determining ng the maximum numberof lots r in a1conventional
e
subdivision,a lot could be created that meets 80 percent of
I the minimum lot size and otherwise meets all other lot
requirements for the zoning district,then that lot shall be
26 considered as one lot for density computation purposes.
Yield plan_2 let.
1—tO acre lot
The number of density units so determined shall constitutep potential.—,s acre lot
Each lot has 1 density unit the parcel's maximum development
I1.3 Development Agreement
B) 19 acres in the RR zone = From and after the effective date of this Ordinance,parcels
19 x 8/40=152/40=3.8 density units subdivided shall be restricted by a development agreement
I specifying the number of density units allocated amongst the lots
or parcels being created,and the fact that the use and development
I
ande refugrthelar subdivision of the parcels being created is subject to
hutions contained in the Washington County Zoning
Ordinance. The development agreement must be executed by the
5 5 5 4 Washington County Board and may not be amended without the
111
acres acres acres acres a is$0%
of 5 approval of the Washington County Board.
1.4 Transfer of Density Units
I St
19 acres After the effective date of this ordinance, development agreements
Yield plan may be amended to reallocate density units between contiguous
3—5 acre lots parcels if the contiguous parcels are: 1)located in the same zoning
7 ot 4 acre lots
Each lot hes 1 density unit district; 2)under common ownership;and 3)the reallocation of
density units meets the criteria contained in this chapter.
Conveyances shall have the 1.5 Conveyance of Land
I meaning specified in Minnesota
Statute 272.12. (1) Prior to recording a conveyance of land which is less than
the whole as charged on the tax lists maintained by the
I
Washington County Auditor/Treasurer,the conveyance
must first be approved by the Washington County Zoning
Administrator for compliance with this Section.
I (2) Any conveyance of land which is less than the whole
parcel of land as charged on the tax lists and found to be in
I
violation of this section by the Washington County Zoning
Administrator will be returned to the draftsperson and
I
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Washington CountyZonin Ordinance•Chapter Three•Densi and Lot Requirements
notice by mail of the potential violation will be given to I
the parties to the conveyance pursuant to Minnesota
Statutes § 394.37.
I
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SECTION 2. LOT REQUIREMENTS
2.1 In the Agricultural Preserves District(AP),the following lot I requirements must be met.
(1) Minimum Lot Size 40 acres
I
(2) Minimum Frontage on a Public Road 300 feet
(3) Maximum Lot Coverage 25%
I
(4) Minimum Building Setbacks
(A) Front 40 feet
111
(B) Side 20 feet
(C) Rear 50 feet
(5) Maximum Building Height 35 feet I
(6) The minimum setback for all structures shall be one
hundred fifty(150)feet from the centerline,or 75 feet
from the right-of-way(whichever is greater),along roads
designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
Lot requirements differ for the three 2.2 In the Agricultural(A-1,A-2,A-4),Rural Residential(RR), Single I types of subdivision design. For lot Family Estates(SFE),and Transition(TZ)Districts,the following
requirements in Open Space Design lot requirements must be met unless the parcel is part of an
Development,please refer to approved open space development.
I
Chapter 4, Section 4.
(1) Conventional Subdivision
(A) Minimum Lot Size
I
1. A-1 40 acres
2. A-2 20 acres
I
3. A-4 10 acres
4. RR 5 acres
5. SFE 2.5 acres '
6. TZ 10 acres
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iWashington County ty Z oning Ordinance•Chapter Three•Density and Lot Requirements
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(B) Minimum Frontage on a Public Road
I1. A-1 300 feet
2. A-2 300 feet
3. A-4 300 feet
I 4. RR 300 feet
5. SFE 160 feet
6. TZ 300 feet
I
(2) Lot Averaging
I (A) Minimum Lot Size 2 acres
(B) Minimum Frontage on a Public Road
I
1. 160 feet on parcels between 2 and 4 acres.
2. 300 feet on parcels greater than 4 acres.
1 (3) Maximum Lot Coverage 25%
I
(4) Minimum Building Setbacks
(A) Front 40 feet
(B) Side 20 feet
I
(C) Rear 50 feet
(5) Maximum Building Height 35 feet
I (6) The minimum setback for all structures shall be one
hundred fifty(150)feet from the centerline,or 75 feet
from the right-of-way(whichever is greater), along roads
I designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
I 2.3 The following lot requirements must be met in the Residential
Suburban(RS)District.
I (1) Conventional Subdivision
(A) Minimum Lot Size:
I1. with sewer 15,000 square feet
2. without sewer 10 acres
I (B) Minimum Frontage on all Public Roads
11. with sewer 80 feet
2. without sewer 300 feet
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Washington County Zoning Ordinance•Chapter Three•Density and Lot Requirements
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(2) Lot Averaging I
(A) Minimum Lot Size:
I
1. with sewer 15,000 square feet
2. without sewer 2 acres
I
(B) Minimum Frontage on all Public Roads
1. with sewer 80 feet I
2. without sewer
(a) 160 feet on parcel 2-4 acres
(b) 300 feet on parcels greater than 4
acres
(3) Maximum Lot Coverage 25%
I
(4) Minimum Building Setbacks-
(A) Front 30 feet
(B) Side 10 feet
(C) Rear 30 feet
(5) Maximum Building Height 35 feet I
(6) The minimum setback for all structures shall be one
I
hundred fifty(150)feet from the centerline,or 75 feet
from the right-of-way(whichever is greater),along roads
designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
2.4 The following lot requirements must be met in the Conservancy
I
District unless the parcel is part of an approved open space
development.
(1) Conventional Subdivision I
(A) Minimum Lot Size 20 acres
II
(B) Minimum Frontage on all Public Roads 300 feet
(2) Lot Averaging I
(A) Minimum Lot Size 2 acres
I
(B) Minimum Frontage on all Public Roads
1. 160 feet on parcels between 2 and 4 acres
2. 300 feet on parcels greater than 4 acres
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IIWashington County ty Zonmg Ordinance•Chapter Three•Density and Lot Requirements
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(3) Maximum Lot Coverage 25%
I (4) Minimum Building Setbacks
(A) Front 40 feet
I
(B) Side 20 feet
(C) Rear 50 feet
Maximum Building Height 35 feet
I (S)
(6) The minimum setback for all structures shall be one
hundred fifty(150)feet from the centerline,or 75 feet
I from the right-of-way(whichever is greater),along roads
designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
I2.5 The following lot requirements must be met in the
Commercial/Industrial-Rural(CI-R)District.
1 (1) Minimum Lot size 2.5 acres
I
(2) Minimum Frontage on all Public Roads 160 feet
(3) Maximum Lot Coverage 65%
1 (4) Minimum Building Setbacks-
(A) Front 40 feet
I
(B) Side 20 feet
(C) Rear 30 feet
(5) Maximum Building Height 45 feet
(6) The minimum setback for all structures shall
be one
hundred fifty(150)feet from the centerline, or 75 feet
Ifrom the right-of-way(whichever is greater),along roads
designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
1 2.6 The following lot requirements must be met in the
Commercial/Industrial-Urban(CI-U)District.
I (1) Minimum Lot Size 24,000 square feet
I (2) Minimum Frontage on all Public Roads 80 feet
(3) Maximum Lot Coverage 65%
I (4) Minimum Building Setbacks-
(A) Front 30 feet
(B) Side 20 feet
1 (C) Rear 30 feet
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Washington County Zoning Ordinance•Chapter Three•Densityand Lot Requirements
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(5) Maximum Building Height 45 feet
(6) The minimum setback for all structures shall be one i
hundred fifty(150)feet from the centerline, or 75 feet
from the right-of-way(whichever is greater),along roads
designated as "Arterials" in the Comprehensive,Plan,
unless such setback is waived by the County Engineer.
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I CHAPTER FOUR
PERFORMANCE STANDARDS
Table of Contents
ISECTION 1. DEVELOPMENT STANDARDS 1
1.1 General Standards 1
1.2 Accessory Structures 5
Il1.3 Environmental Regulations 7
1.4 Exterior Storage Along Major Highways and County Roads 11
1.5 Fences 12
I 1.6 Land Alteration and Grading 14
1.7 Land Clearing 21
1.8 Lighting 22
I 1.9 Parking 25
1.10 Screening 30
1.11 Signs 31
ISECTION 2. STANDARDS FOR USES 37
2.1 Accessory Apartments 37
I 2.2 Agricultural Business- Seasonal 37
2.3 Automotive Dealership 38
2.4 Balloon Ports-Commercial 39
I 2.5 Bed and Breakfast 40
2.6 Car Wash 41
2.7 Cemeteries 41
I 2.8 Community Residences 42
2.9 Essential Services- Government Uses,Buildings and Storage 43
2.10 Essential Services-Utility Substation 43
I 2.11 Funeral Homes 44
2.12 Golf Courses 45
2.13 Home Occupations 45
U
2.14 Horse Training Facilities 46
2.15 Kennels-Commercial 47
2.16 Light Manufacturing 48
2.17 Livestock and Livestock Operations 49
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2.18 Motor Vehicle Repair 51
2.19 Motor Vehicle Service Station 52
2.20 Multifamily Residential Developments 54
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2.21 Place of Worship 55
2.22 Plant Nurseries 55
2.23 Recreation Uses 56
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2.24 Recycling Center 57
2.25 Resorts/Conference Facilities 58
2.26 Schools 59
I 2.27 Self Service Storage Facility(Mini-Storage) 60
2.28 Shopping Centers 60
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I 2.29 Temporary Dwelling Unit-Care Facility 61
2.30 Temporary Dwelling Unit During Construction 62
2.31 Temporary Farm Dwelling 63
I 2.32 Transportation/Motor Freight Terminal 65
2.33 Travel Trailer/RV Campground 65
2.34 Warehousing and Distribution 68
2.35 Wireless Communication Antennas and Towers 69
I
2.36 Yard Waste Facilities 80
SECTION 3. OVERLAY DISTRICTS 82
I
3.1 Airport Overlay District 82
3.2 Railroad Overlay District 84
3.3 Scenic Road Overlay District 89
I 3.4 St Croix River Overlay District 91
3.5 Shoreland Overlay District 92
I SECTION 4. OPEN SPACE DEVELOPMENT 92
4.1 Purpose and Scope 92
4.2 Definitions 92
I 4.3 Applicability 94
4.4 Application 94
4.5 Uses 98
I 4.6 Ownership&Management of Open Space 99
4.7 Open Space 100
4.8 Homeowners' Associations 101
I 4.9 Density Standards 101
4.10 Performance Standards 102
I SECTION 5. PLANNED UNIT DEVELOPMENT 110
5.1 Uses 110
5.2 Performance Standards 110
5.3 Exclusion from Requirements 110
I5.4 Administration 110
5.5 Criteria for Granting a Planned Unit Development 111
5.6 Preliminary Review 112
I 5.7 Final Review 114
5.8 Method of Amending a Planned Unit Development Permit 122
5.9 Method of Cancellation of a Planned Unit Development Permit 122
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
Commenta /Ince retive CHAPTER FOUR
ry rP
Purposes Only
' PERFORMANCE STANDARDS
The performance standards established in this Chapter are designed to
encourage a high standard of development. The standards are designed to
' prevent and eliminate those conditions that cause blight and to assure that
neighboring land uses are compatible. All future development in all
districts shall be required to meet these standards and the standards shall
' also apply to existing development where so stated.
' SECTION 1. DEVELOPMENT STANDARDS
General Standards apply to all lots L1 General Standards
or uses. These regulations must be
' met in addition to other specific
regulations which may apply to the (1) All lots or uses will be subject to these general standards
as well as other specific regulations which apply to the lot
individual lot or proposed use. or the proposed use.
(2) All agricultural operations being conducted in compliance
with the terms of this ordinance shall not be deemed a
violation of this ordinance notwithstanding the fact that
' there may have been changes in the surrounding character
of the area.
' (3) All applicants for a certificate of compliance or
conditional use permit in the commercial zones must
explain their business and any manufacturing processes
' involved. Any business/use storing or using hazardous
substances as defined in Title 49 CFR,the Clean Water
Act,Hazardous Waste Rules or Department of
' Transportation Rules must meet all applicable
Environmental Standards.
' (4) All applicants for a certificate of compliance or
conditional use permit in the commercial/industrial-rural
(CI-R)zone must demonstrate that a sewage treatment
' system can be installed in accordance with the Individual
Sewage Treatment System Ordinance. Water usage of any
proposed use must conform with the long term sewage
treatment capacities of each individual lot. The system,or
' systems, shall be designed to receive all sewage from the
dwelling,building or other establishment served. Footing
or roof drainage shall not enter any part of the system.
' Products containing hazardous materials must not be
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
discharged to the system other than a normal amount of
household products and cleaners designed for household
use. Substances not used for household cleaning,
including but not limited to, solvents,pesticides,
flammables,photo finishing chemicals,or dry cleaning
chemicals,must not be discharged to the system.
Sloping or Erodible Building Sites (5) Sloping or Erodible Building Sites. No structure shall be
constructed on sites with slopes of greater than twenty-five
percent(25%)or on easily erodible soils as defined on the
community soils maps and compiled by the Washington
County Soil and Water Conservation District.
Encroachments into Setbacks (6) Permitted Encroachments into Required Setbacks. The
following shall be permitted encroachments into setback
requirements:
(A) flues,eaves and awnings up to three(3)feet in
width; '
(B) steps,chimneys, sidewalks,and stoops up to three
(3)feet in width; '
(C) exposed wheelchair ramps,bay windows and
doors up to three(3)feet in width. '
Corner Lots (7) Corner Lots. Nothing shall be placed or allowed to grow,
with the exception of seasonal crops, in such a manner as
to materially impede vision between a height of two and
one-half(2 Y2)and ten(10)feet above the centerline grades
of the intersecting streets to a distance such that a clear
line of vision is possible of the intersecting street from a
distance of 50 feet from the intersection of the right of way
lines.
Setbacks Along Arterials (8) Setbacks Along Arterials. The minimum setback for all
structures shall be one hundred fifty(150)feet from the
centerline, or 75 feet from the right-of-way(whichever is
greater),along roads designated as "Arterials" in the
Comprehensive, Plan, unless such setback is waived by the 111County Engineer.
Minimum Width and Foundations (9) Minimum Width and Foundations. In all districts where
single family dwellings are permitted,the following
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standards shall apply for single family dwellings,except
for temporary dwellings permitted by Chapter 4, Section 2
of this Ordinance: ,
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(A) The minimum width of the main portion of the
structure shall be not less than twenty(20)feet, as
measured across the narrowest portion.
(B) All dwellings shall be placed on a permanent
' foundation and anchored to resist overturning,
uplift and sliding in compliance with the
Minnesota State Building Code.
' Code Compliance (10) Code Compliance. All principal buildings shall meet or
exceed the minimum standards of the Minnesota Building
' Code,the Minnesota State Uniform Fire Code,the
Minnesota Department of Health,the Minnesota Pollution
Control Agency,and the Washington County Individual
' Sewage Treatment System Ordinance except that
manufactured homes shall meet or exceed the requirements
of the State of Minnesota Manufactured Home Building
' Code in lieu of the Minnesota State Building Code.
Buildable Land (11) Buildable Land. All new parcels created,which are not
' served by public sanitary sewer and not part of an
approved open space design development,must have at
least one(1)contiguous acre of accessible buildable land.
' Buildable land is defined as:
•
(A) land with a slope less than 25 percent, and
1 (B) outside of any required setbacks,except that on a
natural environment lake where a 200 foot
structure setback is required,the buildable area
calculation would be measured from a 150 foot
setback rather than the required 200 foot setback;
and
(C) above any 100 year floodplain,drainageway,or
drainage easement.
' All new lots created which are served by public sewer
must contain at least 3,200 square feet of buildable area as
defined above. Property situated within Shorelands or the
' Saint Croix River district are also subject to requirements
those Chapters.
Number of Structures (12) Number of Structures. There shall be no more than one(1)
principal structure and/or use on any one(1)parcel of
' land.
Prohibited Dwelling Units (13) Certain Dwelling Units Prohibited. No cellar, garage,
recreational vehicle or trailer,basement with unfinished
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
exterior above or accessorybuildingshall be used at any
time as a dwelling unit.
Occupancy of Single Family (14) Occupancy of a Single Family Residential Dwelling. No
Dwelling more than six(6)unrelated persons can reside in a single
family residential dwelling. '
•
Traffic Control (15) Traffic Control. The traffic generated by any use shall be
controlled so as to prevent congestion of the public streets,
traffic hazards and excessive traffic through residential
areas,particularly truck traffic. Internal traffic shall be
regulated so as to ensure its safe and orderly flow. Traffic
into and out of business and industrial areas in all cases
shall be forward moving with no backing into streets.
Vacated Streets (16) Vacated Streets. Whenever any street,alley,easement or
public way is vacated by official action,the zoning district
abutting the centerline of the said vacated area shall not be
affected by such proceedings. '
Access Drives,Access&Service (17) Access Drives,Access and Service Roads. Access drives
Roads onto County roads shall require an access permit from the
County Public Works Department. This permit shall be
issued prior to the issuance of any building permits. The
County Engineer shall determine the appropriate location,
size and design of such access drives and may limit the
number of access drives in the interest of public safety and
efficient traffic flow. The County Engineer,at his
discretion,may refer a request for an access drive permit
onto a County road to the Planning Advisory Commission
for its recommendations.
Private Roads (18) Private Roads. Private roads are not allowed in any new
subdivisions created after the effective date of this
Ordinance. Existing lots of record on private roads will be
subject to the Standards contained in Chapter One, Section
14.4(1)(A).
Maximum Height (19) No structure shall exceed the maximum height permitted
for the zoning district in which it is located,except for
church spires,chimneys, flag poles 40 to 45 feet in height,
and wind generators. Wireless Communication Facilities
are regulated in accordance to Chapter 4, Section 2.35 of
this ordinance. '
Setbacks from Underground (20) Structures must be setback a minimum of 50'from an
Pipelines underground pipeline easement. '
Setbacks Along Unclassified (21) Unclassified water bodies. All lots having frontage on or
Waterbodies containing an unclassified water body as defined in '
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llWashington County Zoning Ordinance•Chapter Four•Performance Standards
Chapter Seven, Shoreland Overlay and Regulations shall
be subject to the setback regulations for unclassified water
Ibodies as established in Chapter Seven.
The purpose of these standards is to 1.2 Accessory Structures
I
regulate the size, use and location
of accessory structures. (1) Required Permits. A building permit is required for all
accessory structures except agricultural buildings on a
I Definition: A detached single story farm as defined in Minnesota Statute 16B.61. A certificate
structure greater than 120 square of compliance is required for all agricultural buildings and
feet in size used or intended to be accessory structures over 1,000 square feet in size.
I used for the storage of personal
property or for agricultural (2) Performance Standards. The following standards apply in
purposes. all districts.
I (A) No accessory structure shall be constructed on a
lot prior to construction of the principal structure.
I (B) An accessory structure shall be considered
attached to the principal building if it is within six
I feet or less from the principal building. The
exterior design and color shall be the same as that
of the principal structure.
I (C) No detached accessory structure shall be located
closer to the road right-of-way than the principal
building on a lot unless all of the following
Iconditions are met:
1. The local unit of government approves the
Ibuilding location;
2. the exterior design and color of the
I accessory structure is the same as the
principal building; and
I
3. all setbacks are met.
(3) Agricultural(AP,A-1,A-2,A-4)and Residential(RR,
I SFE,RS,TZ)Districts. The following additional
standards apply to all land within these districts:
I (A) A maximum of two accessory structures are
allowed on parcels greater than two and one-half
acres and less than 20 acres. On parcels less than
2.5 acres,one accessory structure is allowed. One
I
single story shed of 120 square feet or less is
permitted in addition to the accessory structures.
On parcels greater than 20 acres,there is no limit
Ion the number of accessory structures,provided
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
they are an agricultural building. All accessory
g rY
structures shall be limited to one story in height.
(B) The permitted size of accessory structures are as
follows:
Lot Area Total Square Footage
Parcels less than 1 acre 720 sq.ft.
1 acre-2.49 acres 1,000 sq.ft.
2.5 acres-5 acres 2,000 sq.ft.
5.01 acres-20 acres 2,500 sq.ft.
20.01+acres *unlimited
*provided they are agricultural buildings
(C) All detached accessory structures are to be used
for personal use or agricultural use only. No
commercial use or commercial related storage is
allowed in these structures.
(D) No land shall be subdivided so as to have a larger
structure and/or exceed the total number of
structures as permitted by this Ordinance.
Accessory structures used to house (E) Domestic Farm Animals. Accessory structures
domestic farm animals are subject used to shelter domestic farm animals must meet
to additional regulations. the following requirements:
1. All domestic farm animal structures, '
feedlots and manure storage sites shall be
setback as follows:
Natural/ Horizontal
Man-Made Features Setbacks
(a)Any property line 100 feet
(b)Any existing well or residential 50 feet
structure on the same parcel
(c)Any existing well or residential 200 feet
structure on adjacent or nearby parcel
(d)Any body of seasonal or year- 200 feet
round surface water
2. Said structure,feedlot or manure storage ,
shall not be placed on slopes which exceed
thirteen(13)percent.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
3. Evidence of seasonally high ground water
level or mottled soil(as established by six
' (6)foot borings)shall not be closer than
four(4)feet to the natural surface ground
grade in any area within one hundred
' (100)feet of the proposed structure and/or
feedlot.
4. No marsh or wetland(as established by the
predominant wetland vegetation and/or
soils)shall be utilized for placement of the
' proposed structure,feedlot or grazing area.
(4) Commercial/Light Industrial Rural and Urban(CI-R and
' CI-U)District. The following additional standards shall
apply in these districts:
(A) One accessory structure is allowed on a parcel in
' these districts provided it is used for storage
related to the principal use of the property. No
separate business is allowed in the accessory
' structure.
(B) The accessory structure must be placed to the rear
of the principal building and conform with
applicable setback requirements and lot coverage
standards.
' The purpose of these standards is to 1.3 Environmental Regulations
protect the environment.
Hazardous Materials including oil, (1) Hazardous Materials.
gasoline, liquid fertilizer, chemicals
and similar liquids. (A) All uses associated with the bulk storage of over
two thousand(2,000)gallons of oil,gasoline,
' liquid fertilizer,chemicals and similar liquids shall
require a conditional use permit.
(B) All existing,above ground liquid storage tanks
' having a capacity in excess of two thousand
(2,000)gallons shall secure a conditional use
permit within twelve(12)months following
enactment of this Ordinance,unless the tank(s)is
located on agricultural property. A certificate of
compliance is required for all above ground
storage tanks having a capacity of 2,000 gallons
that are located on agricultural properties..
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(C) Secondary containment shall beP rovided for
hazardous materials which are stored above
ground and for all areas where hazardous materials
are loaded or unloaded. Above ground liquid
storage tanks must have secondary containment,
suitably sealed to hold a leakage capacity equal to
one hundred ten percent(110%)of the tank's
capacity.
(D) Any area used for the storage of hazardous 1
materials shall not contain interior floor drains. If
floor drains-are essential to business operation,
then the facility shall:
1. Connect the floor drain to a closed holding
tank,or;
2. Obtain a groundwater discharge permit
from the Minnesota Department of Natural
Resources.
(E) The storage and/or preparation area for hazardous I
materials with more than 25 gallons or 100 pounds
dry weight must be set back a minimum of 150'
from a water supply well. '
(F) Hazardous materials stored in an above ground
storage tank with containment must be setback a
minimum of 100'from a water supply well.
Dry Fertilizers (G) Dry commercial fertilizers must not be located in
areas where stormwater runoff from stockpiles
could enter storm sewers, sanitary sewer or other
surface or ground water. 1
Dry Bulk Pesticides (H) Dry bulk pesticides with a dry weight of 100
pounds or more shall be stored under a roof or
tarpaulin that excludes precipitation from reaching
the pesticide.
(I) Closed holding tanks shall be used for the '
collection of washwater from vehicle maintenance
and other related operations.
(J) Primary containment of hazardous materials shall
be product-tight and all hazardous materials shall
be stored in compliance with the rules and
regulations of Federal, State,County and local
agencies.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(K) The Minnesota Pollution Control Agency and
Federal agency requirements for storage leak
' detection,record keeping, spill prevention,
emergency response,transport,and disposal shall
be met.
' (L) Underground storage tanks shall comply with the
requirements of the Minnesota Pollution Control
UAgency and Federal agencies.
Explosives (2) Explosives. Uses involving the commercial storage,use or
' manufacture of materials or products which could detonate
by decomposition are not permitted.
' Radiation&Electrical Interference (3) Radiation and Electrical Interference. No activities shall
be permitted that emit dangerous radioactivity beyond
enclosed areas. There shall be no electrical disturbance
(except from domestic household appliances)adversely
affecting the operation of ordinary business or household
equipment and appliances. Any such omissions are hereby
' declared to be a nuisance.
Nuisances including noise, air, (4) Nuisances.No noise,odors,vibration, smoke,air
water pollution, vibration,public pollution, liquid or solid wastes,heat, glare dust or other
health nuisances, refuse, and such adverse influences shall be permitted in any district
inoperable vehicles that will have an objectionable effect upon adjacent or
nearby property owners and residents. Minimum standards
' shall be as follows:
(A) Noise,Air and Water Pollution. Notwithstanding
' anything contained herein to the contrary,the
minimum standards of the Minnesota Pollution
Control Agency for noise,air, and water pollution
shall be the standards applied in those areas.
(B) Vibration. The following vibrations are
' prohibited:
1. Any vibration discernible(beyond the
' property line)to the human sense of
feeling for three(3)minutes or more
duration in any one(1)hour.
' 2. Any vibration resulting in any
combination of amplitudes and
frequencies beyond the "safe"range of the
' most current standards of the United States
Bureau of Mines on any structure.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
These standards shall not appY 1 to
vibrations created during the process of
construction. '
(C) Public Health. The following are declared to be
nuisances endangering public health and are
prohibited:
1. Causing or allowing the effluent from any
cesspool, septic tank,drainfield or human
sewage disposal system to discharge upon
the-surface of the ground,or dumping the
contents thereof at any place except as
authorized by the Minnesota Pollution
Control Agency.
2. Causing or allowing theollution of any
P
public well or cistern,stream or lake,
canal or body of water by sewage,
industrial waste or other substances.
3. Failing to dispose of carcasses of animals 1
within twenty-four(24)hours after death.
4. Any use shall be so operated as not to
discharge across the boundaries of the lot
or through evaporation into the
atmosphere or the subsoil beyond the
boundaries of the lot wherein such use is
located toxic or noxious matter in such
concentration as to be detrimental to or
endanger the public health, safety or
welfare,or cause injury or damage to
property or business.
5. The ownership,possession or control of
any unused refrigerator or other container,
with doors which fasten automatically
when closed,of sufficient size to retain
any person,and which is exposed and
accessible to the public,without removing
the doors, lids,hinges or latches,or
providing locks to prevent access by the
public. '
(D) Refuse
In all districts,(with the exception of agricultural II
uses and crop residue) all waste material,debris,
refuse,or garbage shall be kept in an enclosed ,
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
building or properly contained in a closed
container designed for such purposes. The owner
of vacant land shall be responsible for keeping
such land free of refuse.
' (E) Inoperable Vehicles
Passenger vehicles and trucks in an inoperable
' state shall not be parked in any districts,except in
a location authorized as a vehicle reduction yard or
enclosed building,for a period exceeding seven
' days.
Hazardous Waste (5) Hazardous Waste. Any use which generates,processes or
' disposes of hazardous waste shall comply with the
standards and regulations of the County's Hazardous Waste
Management Ordinance,Minnesota Pollution Control
' Agency and any other federal, state and local agencies.
The purpose of these standards is to 1.4 Exterior Storage Along Major Highways and County Roads
' protect the natural scenic beauty of
roadsides along major highways (1) Applicability. These standards are applicable in the
and Washington County roads. Shoreland Overlay District,the St. Croix River Overlay
District and in all districts to all property with frontage on
a major highway or county road or within 1/4 mile of the
major highway or county road.
' (2) Performance Standards.
(A) In all districts,all useable personal property shall
be stored within a building or fully screened so as
not to be visible from major highways and county
roads,except for the following: recreational
equipment,construction and landscaping materials
and equipment currently(within a period of twelve
(12)months)being used on the premises,
agricultural equipment and materials if these are
' used or intended for use on the premises,off-street
parking of licensed and operable passenger
' automobiles and pickup trucks.
(B) In commercial and industrial(CI-R and CI-U)
districts,exterior storage of useable personal
tproperty along county roads may be permitted by
conditional use permit provided any such property
is so stored for purposes relating to a use of the
' property permitted by this Ordinance and will not
be contrary to the intent and purpose of this
Ordinance.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
The purpose of this section is to 1.5 Fences
establish regulations for fences.
(1) Applicability. These standards apply to properties which
are either in the Shoreland Overlay District, St. Croix
River Overlay District or have frontage on a major
highway or County Road. '
(2) Performance Standards.
(A) Fences may be permitted in all yards subject to the
following:
1. Solid walls in excess of four(4)feet above
adjacent ground grades shall be prohibited.
2. That side of the fence considered to be the
face(finished side as opposed to the
structural supports)shall face the abutting
property. ,
3. Fences over six(6)feet in height from the
finished grade shall require a building
permit in addition to any other required
permits.
4. No fence shall be permitted on public
rights of way.
(B) Fences may be permitted along property lines 111
subject to the following:
1. Fences may be place along property lines
provided no physical damage of any kind
results to abutting property.
2. In all districts, fences on or within three
(3)feet of the property line shall require a
certificate of compliance.
3. Fences located on properties within the
Commercial/Industrial Rural and
Commercial/Industrial-Urban districts
may be constructed on the property line
provided the fence has a maximum height
of six(6)feet. The maximum height of
the fence may be eight(8)feet if it has a
security arm for barbed wire or other
material.
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Washington CountyZoning Ordinance•Chapter Four•Performance Standards
�
4. Fences located on agricultural or
' residential properties may be located on
any side property line provided the fence
does not exceed four(4)feet in height
above the finished ground grade except as
' provided in number 5 below.
5. Fences along the side or rear interior lot
lines beginning at the rear building line of
the principal structure shall be a maximum
of six(6)feet in height from ground grade
except as noted in number six(6)below.
6. Should the rear lot line of a lot be common
' with the side lot line of an abutting lot that
portion of the rear lot line shall equal to
the required front yard of the abutting lot
' shall not be fenced to a height of more
than four(4)feet.
7. Where the property line is not clearly
' defined,a certificate of survey may be
required by the Zoning Administrator to
establish the property line.
' (C) Fences may be permitted within required yards
subject to the following:
' 1. Fences located within the side and rear
yard non-buildable setback areas
' beginning at the rear building line shall
not exceed six(6)feet in height from
finished ground grade.
2. In agricultural and residential districts,
fences along or within the front non-
buildable setback area and less than
twenty(20)feet from the front property
line shall not exceed four(4)feet in height
' from the ground grade. A certificate of
compliance is required for fences taller
than three(3)feet.
' 3. Fences located within the buildable area of
a lot or eight(8)feet or more from the rear
lot line may be up to eight feet in height
' from finished ground grade.
(D) On properties located in the Shoreland Overlay
' District or St. Croix River District that have either
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
lake frontage or river frontage, fence must meet
the following requirements:
1. Fences shall not be located within the
required building setback from the
ordinary high water mark of the lake or
• river.
2. Fences located within the required
building setback line from the ordinary
high water mark of the lake or river shall
not-exceed five(5)feet in height from
finished ground grade.
3. Fences located within the side yard
nonbuildable setback area shall not exceed I
five(5)feet in height from finished ground
grade.
4. Fences located along the side lot line
within the required building setback shall
have a maximum height of six(6)feet '
from finished ground grade.
5. On properties where the dwelling unit is
located closer to the lake or river than the
required building setback,a fence not
exceeding 5' in height may be constructed
at the same setback as the dwelling unit.
A fence can not be constructed closer to
the lake or river than the dwelling unit. '
6. A certificate of compliance is required
prior to the construction of any fence on
these properties.
The purpose of these standards is to 1.6 Land Alteration and Grading
regulate the alteration or grading of
land. (1) Permit Required. Land alteration and grading of fifty
(50)cubic yards or more and/or the disturbance of land
Land alteration and grading: The area of 1,000 square feet or more shall be permitted with a
reclaiming of land by depositing or grading permit. A permit is not required for the following:
moving material so as to alter the agricultural activities,grading activities associated with a
grade. construction project provided a building permit is issued
and there is a minimal amount of land disturbance,
Public Waters: All lakes,ponds, subdivisions that have received final plat approval and
swamps, streams, drainageways, driveways permitted in conjunction with a building permit.
floodplain,floodways, natural
water courses, underground water (A) The application for a permit shall include an
resources, and similar features existing and a finished grade plan. The finished '
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
involving, directly or indirectly, the grade plan shall show no adverse affects on
use of water within the community. adjacent land. The Zoning Administrator may
require information in addition to this plan,
including but not limited to,a plan for fire control,
general maintenance of site,control of vehicle
ingress and egress,drainage and control of
material disbursed from wind or hauling of
material to or from the site.
r (B) Grading permit applications will be reviewed by
the Washington County Soil and Water
' Conservation District and may be reviewed,as
deemed necessary by the zoning administrator or
in accordance with other rules,by the Minnesota
Department of Natural Resources,the Community
Engineer,and the appropriate Watershed
Management Organization.
' (C) A grading,drainage and erosion control plan may
be required if, in the judgement of the Zoning
' Administrator,significant soil erosion,vegetation
destruction or drainage damage may occur during
the land alteration process. This plan shall be
prepared by the Soil and Water Conservation
District and shall contain specific
recommendations regarding soil protection,
' preservation of vegetation and drainage patterns
during the land alteration process.
(D) The Zoning Administrator may require the
' applicant to post a bond or other financial
guarantee to ensure compliance with the grading
permit.
' (2) General Standards. The following general standards shall
apply for grading,drainage and erosion control:
(A) All development shall conform to the natural
limitations presented by the topography and soil as
to create the best potential for preventing soil
erosion.
' (B) Slopes over twenty five percent(25%)(4:1)shall
not be altered.
' (C) Development on slopes with a grade between
thirteen(13%)(8:1)and twenty five(25%)(4:1)
percent shall be carefully reviewed to insure
adequate measures have been taken to prevent soil
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
erosion, sedimentation,vegetative and structural
damage.
(D) Erosion and siltation measures shall be
coordinated with the different stages of
development. Appropriate control measures shall
be installed prior to development when necessary
to control erosion.
(E) Land shall be developed in increments of workable ,
size such that erosion and siltation controls can be
provided as construction progresses. The smallest
practical area of land shall be exposed at any one
period of time.
(F) The drainage system shall be constructed and 1
operational as quickly as possible during
construction.
(G) Whenever possible,natural vegetation shall be
retained and protected.
(H) Where the topsoil is removed, sufficient arable soil
shall be set aside for respreading over the
disturbed area. The soil shall be restored to a
depth of four(4)inches and shall be of quality at
least equal to the soil quality prior to development.
(I) When soil is exposed,the exposure shall be for the
shortest feasible period of time. No exposure shall
be planned to exceed sixty(60)days. Said time
period may be extended with approval of the
Zoning Administrator provided measures have
been established for erosion and sedimentation
control.
(J) The natural drainage system shall be used as far as
feasible for the storage and flow of runoff. Storm
water drainage shall be discharged to sediment,
detention or retention basins or other treatment
facilities. Prior to discharge to wetlands,diversion
of stormwater to marshlands or swamps shall be
considered for existing and planned surface 111drainage. Wetlands used for stormwater shall
provide for natural or artificial water level control.
Storage areas or retention basins scattered
throughout developed areas shall be encouraged to
reduce peak flow,erosion damage and
construction cost.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
Erosion Control (3) Erosion Control. The following measures shall be taken to
' control erosion during the construction process:
(A) Exposed slopes shall not be steeper in grade than
four(4)feet horizontal to one(1)foot vertical
(25%).
(B) Exposed slopes shall be protected by whatever
means effective to prevent erosion considering the
degree of the slope,soil material,and expected
length of exposure. Slope protection may consist
of mulch, sheets of plastic,burlap or jute netting,
sod blankets,fast growing grasses or temporary
seedings of annual grasses.
' (C) Control measures, other than those stated above
may be used in place of the above measures to
' control if it can be demonstrated that they will as
effectively protect exposed slopes.
' Sediment Control (4) Sediment Control. The following measures shall be taken
to control sediment from leaving the construction site:
' (A) Temporary barriers shall be constructed to prevent
sediment from leaving the site. These barriers may
consist of silt fences or straw bale sediment traps.
' (B) Temporary sediment basins or traps may be
required to remove medium and large sized
sediment particles from runoff and reduce
discharge velocity.
(C) The Zoning Administrator may require a
temporary rock driveway at the site entrance to
prevent sediment from leaving the site on the tires
of vehicles.
Restoration (5) Restoration. All permits shall contain a restoration plan
providing for the use of land after project completion. The
' following are minimum standards for restoration.
(A) All disturbed areas shall be restored at the
' completion of the project.
(B) All restoration shall include the application of a
minimum of four(4) inches of a mineral topsoil or
similar material that will support plant growth.
(C) Final grades shall be in conformity with the permit
and topography of the surrounding land.
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Washington gto County Zoning Ordinance•Chapter Four•Performance Standards
r
(D) If the land is to be restored to crop production,no
slope shall exceed five(5)feet horizontal to one
(1)foot vertical(20%).
(E) If the restoration is not for crop production,no
grade shall exceed four(4)feet horizontal to one
(1)foot vertical(25%).
(F) All restored areas shall be seeded with a mixture
recommended by the Soil and Water Conservation
District or returned to crop production.
(G) The standards in B,C,D and E above may be
raised or modified to accommodate a specific
restoration plan.
Floodplains (6) Floodplains. Land alteration in floodplains shall also be in
accordance with Floodplain regulations. i
Public Waters (7) Public Waters. No public water area shall be filled,
partially filled,dredge,altered by grading,mining or
disturbed in any manner without first securing a permit
from the Minnesota Department of Natural Resources,the
United States Army Corp of Engineers and a grading '
permit from the Zoning Administrator.
Drainage (8) Drainage. 1
(A) No land shall be developed or altered and no use
shall be permitted that results in surface water
runoff causing unreasonable flooding,erosion or
deposit of materials on adjacent properties or
waterbodies. Such runoff shall be properly
channeled into a storm drain,a natural watercourse
or drainageway, a ponding area or other public
facility. ,
(B) Upon inspection of any site which has created
drainage problems or could create a drainage
problem with proposed new development,the
owner of said site or contractor may be required to
complete a grading plan and apply for a grading
permit.
(C) The owner or contractor of any natural drainage
improvement or alteration may be required to
obtain a grading permit.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
111 (D) On anyslope in excessof thirteenpercent 13%
s op ( )
I (8:1)where the natural drainage pattern may be
disturbed or altered,the owner or contractor may
be required to obtain a grading permit.
I Preservation of Natural (9) Wetland Preservation. The alteration of wetlands shall
Drainageways/Waterways comply with the rules and regulations of Federal, State and
local agencies.
I
Natural Drainageway is defined as (10) Preservation of Natural Drainageways/Waterways. The
a depression in the earth's surface, regulation of this subsection shall be administered by the
I such as ravines, draws and hollows, Zoning Administrator unless the Watershed Management
that has definable beds and banks Organization has permitting authority. In that event,the
capable or conducting surface regulations of the Watershed Management Organization
I
water runoff from adjacent lands. shall take precedence.
(A) Storm sewers may be used where it can be
I demonstrated that the use of the above-ground
natural drainage system will inadequately dispose
of runoff. Surface water drainage systems may be
I constructed to augment the natural drainage
system.
(B) The widths of a constructed waterway shall be
I sufficiently large to adequately channel runoff
from a ten(10)year storm. Adequacy shall be
determined by the expected runoff when full
development of the drainage area is reached.
I (C) No fences or structures shall be constructed across
the water way that will reduce or restrict the flow
Iof water.
(D) The banks of the waterway shall be protected with
Ipermanent turf vegetation.
(E) The banks of the waterway should not exceed five
I
(5)feet horizontal to one(1)foot vertical.
(F) The gradient of the waterway bed should not
I exceed a grade that will result in a velocity that
will cause erosion of the banks and waterway.
I (G) The bed of the waterway should be protected with
turf or sod. If turf or sod will not function
properly,rip rap may be used. Rip rap shall
I consist of quarried limestone or field stone(if
random rip rap is used). The rip rap shall be no
smaller than two(2)inches square nor larger than
1 two(2)feet square.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(H) The flow velocity of runoff waterways shall be
controlled to a velocity that will not cause erosion
of the waterway. If the flow velocity in the I
waterway is such that erosion of the turf sidewall
will occur and said velocity cannot be decreased
via velocity control structures,then other materials
may replace turf on the side walls. Rip rap would
be allowed to prevent erosion at these points.
(I) Flow velocity should be controlled through the
installation of diversions, berms,slope drains and
other similarly effective velocity control
structures.
(J) To prevent sedimentation of waterways,pervious
and impervious sediment traps and other sediment
control structures shall be incorporated throughout
the contributing watershed.
(K) Temporary pervious sediment traps could consist
of a construction of hay bales with a low spillway
embankment section of sand and gravel that
permits slow movement of water while filtering
sediment. Such structures would serve as
temporary sediment control features during the
construction state of the development.
Development of housing and other structures shall
be restricted from the area on either side of the
waterway to channel a twenty five(25)year storm.
(L) Permanent impervious sediment control structures
consist of sediment basins(debris basins,
desiltation basins or silt traps)and shall be utilized
to remove sediment from runoff prior to its
disposal in any permanent body of water.
(M) The erosion and velocity control structures shall be
maintained in a condition that will insure
continuous functioning according to the provisions
of this ordinance.
(N) Sediment basins shall be maintained as the need
occurs to insure continuous desilting action.
(0) . The areas utilized for runoff waterways and
sediment basins shall not be allowed to exist in an
unsightly condition. The banks of the sediment
basin shall be landscaped.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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(P) Prior to the approval of a plat for development,the
I developer shall make provisions for continued
maintenance on the erosion and sediment control
system.
I
The purpose of this section is to 1.7 Land Clearing
establish standards for the clearing
of land in areas of 20,000 square (1) Required Permits: Land clearing on an area of 20,000
I
feet or more. square feet or more is permitted in all districts,except the
"C"Conservancy District,provided a Certificate of
Land Clearing: The removal of a Compliance is issued. A permit is not required for clearing
I contiguous group of trees and other trees and other woody plants in an area less than 20,000
woody plants in an area of 20,000 square feet,clearing activities associated with a
square feet or more within any construction project provided a building permit is issued
I twelve (12) month period and there is minimal amount of clearing,and subdivisions
that have received final plat approval.
I (2) Other Requirements. Land Clearing must comply with all
rules and regulations of Federal, State,County and local
agencies.
I (3) Performance Standards. Land clearing shall comply with
the following:
I (A) There shall be no removal of trees located on
slopes greater than 25%,or in wooded floodplains,
wooded wetlands,and stream corridors. Trees and
Iwoodlands within the Shoreland Overlay District
and the St. Croix River District are subject to the
requirements as stated in Chapter 7, Shoreland
I
Management Ordinance and Chapter 6, St.Croix
River District in addition to the regulations of this
ordinance.
I (B) Construction fences or barricades may be required
to be placed at the perimeter of the area to be
Icleared.
(C) Erosion and siltation measures shall be
I coordinated with the different stages of clearing.
Appropriate control measures shall be installed
prior to land clearing when necessary to control
Ierosion.
(D) Land shall be cleared in increments of a workable
I size such that erosion and siltation controls can be
provided as the clearing progresses. The smallest
practical area of land shall be exposed at any one
period of time.
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Washington CountyZonin Ordinance•Chapter Four•Performance Standards
(E) Restoration. All permits shall contain a restoration
plan providing for the use of the land after project
completion. The following are minimum
standards for restoration:
1. All disturbed areas shall be restored at the
completion of the project.
2. All restoration shall include the
application of a minimum of four(4)
inches of mineral soil or similar material
that will support plant growth.
3. All restored areas shall be seeded with a
mixture recommended by the soil and
Water Conservation District unless it is
put into forest or row crop production.
4. Final grades shall be in conformity with
the permit and topography of the
surrounding land.
5. The standards above may be raised or
modified to accommodate a specific
restoration plan. I
(F) The Zoning Administrator may require the
applicant to post a bond or other financial
guarantee to ensure compliance with the certificate
of compliance.
The purpose of this section is to 1.8 Lighting
create standards for outdoor
lighting so that it does not interfere (1) Exemptions. The standards of this section shall not apply
with the reasonable use and to the following:
enjoyment of property within the
County and with astronomical (A) Temporary holiday lighting. This ordinance does
observations. It is the intent of this not prohibit the use of temporary outdoor lighting
ordinance to encourage, through used during customary holiday seasons.
regulation of types, kind,
construction, installations and use (B) Civic Event Lighting. This ordinance does not
of outdoor electrically powered prohibit the use of temporary outdoor lighting used
illuminating devices, lighting for civic celebrations and promotions.
practices and systems which will
reduce light pollution while (C) Airport Lighting required for the safe operation of
increasing nighttime safety, utility, airplanes.
security and productivity. I
(D) Emergency Lighting by police,fire and rescue
authorities.
1
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Washington CountyZoning Ordinance•Chapter Four•Performance Standards
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Cutoff the point at which (2) Nonconforming Uses.
i all light rays emitted by a lamp,
light source or luminaire are (A) All outdoor lighting fixtures existing and legally
completely eliminated at a specific installed prior to the effective date of this
angle above the ground ordinance are exempt from regulations of this
Iordinance except for sections 711.02 (2)F and G.
Cutoff Angle: the angle (B) Whenever an outdoor light fixture that was
I
formed by a line drawn from the existing on the effective date of this ordinance is
direction of light rays at the light replaced by a new outdoor light fixture,the new
source and a line perpendicular to fixture must meet the standards of this ordinance.
I
the ground from the light source
above which no light is emitted(See (3) Method of Measuring Light Intensity. The footcandle
Figure 1). level of a light source shall be taken after dark with the
I light meter held 6"above the ground with the meter facing
the light source. A reading shall be taken with the light
source on,then with the light source off. The difference
I
between the two readings will be identified as the
,l total cutoff illumination intensity.
„§o °04 (4) Performance Standards.
°'a
�BAo
w `\ (A) Residential/Agricultural District Standards. In all
residential/agricultural districts,any lighting used
I
--- to illuminate an off-street parking area or other
structure or area shall be arranged as to deflect
light away from any adjoining residential property
IFigure 1 Cutoff Angle or from the public street.
1. Shielding. The light source shall be
Ihooded or controlled so as not to light
adjacent property in excess of the
Cutoff Type Luminaire: a maximum intensity defined in S711.02(1)
I luminaire with elements such as B. Bare light bulbs shall not be permitted
shields, reflectors, or refractor in view of adjacent property or public
panels which direct and cut off the right of way.
U
light at a cutoff angle that is less
than ninety(90) degrees. 2. Intensity. No light source or combination
thereof which cast light on a public street
I
shall exceed one(1)foot candle meter
Flashing Light: alight reading as measured from the centerline of
source which is not constant in said street nor shall any light source or
I intensity or color at all times while
in use. combination thereof which cast light on
adjacent property exceed four tenths(0.4)
foot candles as measured at the property
I
Footcandle:a unit of line.
illumination produced on a surface, (B) Commercial and Industrial Districts: Any lighting
I
all points of which are one foot from used to illuminate an off-street parking area or
other structure or area shall be arranged as to
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards I
a uniform point source of one deflect light away from any adjoining property or I
candle. from the public street.
1. Shielding. The luminaire shall contain a I
Light Source: a single cutoff which directs and cuts off the light
artificial point source of at an angle of 90 degrees or less.
I
luminescence that emits measurable
radiant energy in or near the visible 2. Intensity. No light source or combination
spectrum. thereof which cast light on a public street I shall exceed one(1)foot candle meter
Luminaire: a complete reading as measured from the centerline of
lighting unit consisting of a light said street nor shall any light source or I source and all necessary combination thereof which cast light on
mechanical, electrical and adjacent property exceed four tenths(0.4)
decorative parts. foot candles as measured at the property
line.
I
Outdoor Lighting: Any 3. Height: The maximum height above the
light source or collection of light ground grade permitted for light sources
I
sources, located outside a building, mounted on a pole is 25'except by
including but not limited to, light conditional use permit. A light source
sources attached to any part of a mounted on a building shall not exceed the
I
structure, located on the surface of height of the building and no light sources
the ground or located on free shall be located on the roof unless said
standing poles. light enhances the architectural features of
I
the building and is approved by the Zoning
Administrator.
Outdoor Light Fixture:
I
Outdoor electrically powered 4. Location: The light source of an outdoor
illuminating devices, outdoor light fixture shall be setback a minimum of
lighting or reflective surfaces, 10' from a street right of way and 5'from
I
lamps and similar devices, an interior side or rear lot line.
permanently installed or portable,
used for illumination or 5. Hours: The use of outdoor lighting for
I
advertisement. The fixture includes parking lots serving commercial and
the hardware that houses the industrial businesses is restricted
illumination source and to which the according to the following. Outdoor I illumination source is attached lighting which serves businesses that do
including but not limited to the not operate after dark must be turned off
hardware casing. Such devices one(1)hour after closing except for
shall included, but are not limited to approved security lighting. For those
search, spot, and flood lights for: businesses which offer services after dark,
buildings and structures; outdoor lighting may be utilized during the
recreational areas;parking lot night time hours provided the business is
I
lighting; landscape lighting; open for service. Once the business
billboards and other signs closes,the outdoor lighting must be turned
(advertising or other);street off one(1)hour after closing except for
lighting;product display area security lighting.
lighting; building overhangs and
open canopies.
I
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Washington CountyZonin Ordinance•Chapter Four•Performance Standards
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(C) Outdoor Recreation: Outdoor recreational uses
I
Security Lighting: outdoor such as,but not limited to baseball fields, football
fields,tennis courts and snow skiing areas have
lighting fixtures installed special requirements for night time lighting. Due
exclusively as a measure to reduce to these unique circumstances, a conditional use
U
the possible occurrence of a crime permit shall be required for outdoor lighting
on the property. systems which do not meet the regulations stated
above.
IShielding: a technique or 1. No outdoor recreation facility whether or
method of construction permanently public or private shall be illuminated after
1 covering the top and sides of a light 11:00 PM unless the lighting fixtures
source by a material which restricts conform to this ordinance.
the light emitted to be projected
I below an imaginary horizontal 2. Off street parking areas for outdoor
plane passing through the light recreation uses which are illuminated shall
fixture (See Figure 2). meet the requirements stated in S711.02
I (2).
h...........,SHIELD (5) Prohibitions. The following outdoor light fixtures are
I
prohibited within Washington County:
(A) Search Lights shall not be used between 11:00 PM
I
and sunrise
(B) Flashing Lights
IFigure 2 Shielding (6) Submission of Plans. The applicant for any permit
requiring outdoor lighting must submit evidence the
proposed outdoor lighting will comply with this ordinance.
I
Spillage: is any reflection, The submission shall contain the following in addition to
glare or other artificial light other required data for the specific permit:
emission onto any adjoining
I
property or right of way and is (A) Plans indicating the location on the premises,and
above a defined maximum the type of illuminating devices,fixtures, lamps,
illumination. supports,reflectors and other devices.
I (B) Description of illuminating devices,fixtures,
lamps, supports,reflectors and other devices and
I
the description may include,but is not limited to,
catalog cuts by manufacturers and drawings
(including sections where required);
I (C) Photometric data, such as that furnished by
manufacturers,or similar showing the angle of the
Icutoff or light emissions.
The purpose of this section is to 1.9 Parking
establish parking standards.
1
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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Surface&Drainage (1) Surfacing and Drainage. 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 I
water accumulation within the parking area. Durable and
dustless surface may include crushed rock and similar
treatment for parking accessory to residential structures up
to and including four(4)units; all other uses shall utilize
asphalt,concrete or a reasonable substitute surface as
approved by the community engineer. All surfacing must
be completed prior to occupancy of the structure unless
other arrangements have been made with the community.
Location (2) Location. All accessory off-street parking facilities t
required herein shall be located as follows:
(A) Spaces accessory to one and two family dwellings ,
shall be on the same lot as the principal use served.
(B) Spaces accessory to multiple family dwelling shall
be on the same lot as the principal use served and
within two hundred(200)feet of the main entrance
to the principal building served. Parking as
required by the Americans With Disabilities Act
(ADA)for the disabled shall be provided.
(C) Spaces accessory to uses located in
Commercial/Industrial-Rural(CI-R)District and
Commercial/Industrial-Urban(CI-U)District shall
be on the same lot as the principal building.
Parking as required by the Americans With
Disabilities Act(ADA)for the handicapped shall
be provided.
(D) Spaces accessory to commercial/industrial use
shall be setback ten(10)feet from any street
right-of-way or any property line.
General Standards (3) General Provisions.
(A) Existing off-street parking spaces and loading
spaces upon 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.
(B) No motor vehicle over one(1)ton capacity bearing
a commercial license and no commercially
licensed trailer shall be parked or stored on
residential properties or agricultural properties
(with the exception of trucks/tractors directly '
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
associated with the agricultural use)except when
loading,unloading or rendering service.
(C) A parking space shall not be less than nine(9)feet
wide and eighteen(18)feet in length exclusive of
' an adequately designed system of access drives.
Parking lots that separate vehicles based on size
may be designed with parking spaces less than or
' greater than nine(9)feet wide and eighteen(18)
feet in length depending upon the size of the
vehicle,as long as adequate space is provided for
1 easy and safe ingress and egress for the vehicle.
Proposed reductions in or additions to the parking
space size must be submitted in a dimensioned site
' plan with size of vehicle to use parking spaces
indicated for review and approval. Signs
specifying the vehicle size to use the parking space
' shall be required. Parking spaces for the
handicapped shall be in accordance with the
Americans With Disabilities Act(ADA).
' (D) Off-street parking facilities accessory to residential
uses shall be utilized solely for the parking of
passenger automobiles and/or one(1)truck not to
exceed twelve thousand pounds(12,000)gross
capacity for each dwelling unit. Under no
circumstances shall required parking facilities
accessory to residential structures be used for the
storage of commercial vehicles or for the parking
of automobiles belonging to the employees,
' owners,tenants or customers of nearby businesses
or manufacturing establishments.
' (E) Off-street parking facilities for a combination of
mixed buildings, structures or uses may be
provided collectively in any "district" (except
' residential districts)in which separate parking
facilities for each separate building,structure or
use would be required,provided that the total
' number of spaces provided shall equal the sum of
the separate requirements of each use during any
peak hour parking period.
' (F) When required accessory off-street parking
facilities are provided elsewhere than on the lot in
which the principal use served is located,they
shall be in the same ownership or control,either
by deed or long-term lease,as the property
occupied by such principal use,and the owner of
' the principal use shall file a recordable document
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
with Washington County requiring the owner and
his or her heirs and assigns to maintain the
required number of off-street parking spaces '
during the existence of said principal use.
(G) Required off-street parking space in any district
shall not be utilized for open storage of goods or
for the storage of vehicles which are inoperable,
for sale or for rent.
Required Off-Street Parking Spaces (H) Off-street parking spaces required shall be as
follows for:
Multiple Dwelling Two(2)spaces per dwelling unit.
Units At least one-half('/z)of the
required spaces shall be enclosed.
Place of Worship and One(1)space for each three(3)
Other Places of seats or for each five(5)feet of
Assembly pew length. Based upon maximum
design capacity.
Offices One(1)space for each two hundred '
(300)square feet of gross floor
space.
Hotel,Motel One(1)space per unit,plus one(1)
space per employee.
Schools,Elementary Three(3)spaces for each I
&Junior High classroom.
Schools,High School One(1)space for each four(4)
through College students based on design capacity
plus three(3)additional spaces for
each classroom.
Community Residence One(1)space for each bed plus one
(1)space for each three(3)
employees other than doctors.
Health Club One(1)space for each 200 feet of
floor area.
Bowling Alley Six(6)spaces for each alley,plus
additional spaces as may be
required for related uses such as a
restaurant. '
Motor Vehicle Service Two(2)spaces plus three(3)
Station spaces for each service stall.
Retail Store Four(4)spaces for each one
thousand(1,000)square feet of
gross floor area.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
Medical or Dental Six(6)spaces per doctor or dentist.
' Clinic
Restaurants,Cafes, One(1)space for each two and
Bars,Taverns or Night one-half(2Y2)seats,based on
' Clubs capacity design.
Funeral Homes Eight(8)spaces for each chapel or
' parlor,plus one(1)space for each
funeral vehicle maintained on the
premises. Aisle space shall also be
provided off the street for making
' up a funeral procession.
Furniture Store, Three(3)spaces for each one
Wholesale,Auto thousand(1,000)square feet of
' Sales,Repair Shops gross floor area. Open sales lots
shall provide two(2)spaces for
each five thousand(5,000)square
feet of lot area,but not less than
three(3)spaces.
Industrial,Warehouse, One(1)space for each two(2)
' Storage,Handling of employees on employees on
Bulk Goods maximum shift or one(1)for each
two thousand(2,000)square feet of
' gross floor area,whichever is the
larger.
Marinas One and one-half(1'Y2)spaces per
' slip plus one(1)space per
employee and a minimum of twenty
(20),twelve by twenty-five(12'X
25')foot trailer stalls.
Uses Not Specifically As determined by the Zoning
Noted Administrator.
Parking spaces for uses outlined above may be reduced if a
detailed parking analysis is provided and approved by the
' Zoning Administrator.
Design&Maintenance of Parking (4) Design and Maintenance of Off-Street Parking Areas in
Areas in Commercial Districts Commercial/Industrial-Rural and Commercial and
Industrial-Urban Districts.
' (A) Parking areas shall be designed so as to provide
adequate means of access to a public street. Such
driveway access widths shall be in accordance
with the State of Minnesota Highway Department
Standards,but in no case shall they exceed
thirty-two(32)feet in width or less than 24 feet in
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Washington County Zoning Ordinance•Chapter Four•Performance Standards 111
width. Driveway access shall be so located as to 111
cause the least interference with traffic movement.
(B) When the calculation of the number of off-street
parking spaces required results in a fraction, such
fraction shall require a full space. '
(C) Any lighting used to illuminate an off-street
parking area shall be in accordance with Section
1.6 of this ordinance.
- (D) All open off-street parking areas designed to have
head-in parking along the property line shall
provide a bumper curb not less than ten(10)feet
from the side property line.
(E) When a required off-street parking space for six
(6)or more cars is located adjacent to a residential
district,a fence or screening not less than four(4)
feet in height shall be erected along the residential
district property line.
(F) It shall be the joint responsibility of the operator '
and owner of the principal use or building to
reasonably maintain the parking space, '
accessways, landscaping and required fencing.
(G) All off-street parking spaces shall have access
from driveways and not directly from the public
street.
(H) No parking space shall be closer than ten(10)feet
to any building.
(I) Fire access lanes shall be provided as required by
the building or fire code.
The purpose of this section is to 1.10 Screening '
protect and buffer adjacent uses.
(1) Applicability. These standards apply to
commercial/industrial,nonresidential uses.
(2) Performance Standards.
(A) Screening shall be required when:
1. Any nonresidential commercial-industrial '
off-street parking area contains more than
four(4)parking spaces and is within thirty
(30)feet of a residential use. '
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Washington CountyZoning Ordinance•Chapter Four•Performance Standards
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I 2. Where the driveway to a nonresidential
parking area of more than six(6)parking
spaces is within fifteen(15)feet of a
residential use.
I (B) Where any business or industrial use(structure,
parking or storage)is adjacent to property zoned
I
for residential use,that business or industry shall
provide screening along the boundary of the
residential property. Screening shall also be
1 provided where a business,parking lot or industry
is across the street from a residential zone,but not
on the side of a business or industry considered to
I
be the front.
(C) All exterior storage in commercial/industrial areas
I shall be screened. The exceptions are(1)
merchandise being displayed for sale;(2)materials
and equipment currently being used for
I construction on the premises;and(3)merchandise
located on service station pump islands.
I (D) The screening required in this section shall consist
of earth mounds,berms or ground forms;fences
and walls; landscaping(plant materials)or
I landscaped fixtures(such as timbers)used in
combination or singularly so as to block direct
visual access to an object.
The purpose of this section is to 1.11 Signs
protect the natural scenic beauty of
roadsides in Washington County. (1) Nonapplicability. The regulations contained herein do not
I
apply to signs painted,attached by adhesive or otherwise
Sign: A display, attached directly to or visible through windows and glass
illustration, structure or device portions of doors.
I which directs attention to an object,
product,place, activity,person, (2) Permit Required. Except as otherwise provided in this
institution, organization or Ordinance,no sign shall be erected,constructed,altered,
I business. rebuilt or relocated until a sign permit,certificate of
compliance,or conditional use permit for the sign has been
Sign, Advertising: A sign issued. Application for a sign permit shall be accompanied
I that directs attention to a business
or profession or to a commodity, by the established fee. No permit will be required under
this Ordinance for the following signs:
service or entertainment not sold or
I offered upon the premises where (A) All signs under ten(10)square feet in area,except
such sign is located or to which it is those that require a conditional use permit.
attached.
I (B) Real estate sale signs under nine(9)square feet in
area.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
Sign Area: The entire area I
within a continuous perimeter (C) Political signs.
enclosing the extreme limits of such
I
sign. Such perimeter shall not (D) Warning signs which do not exceed nine(9)
include any structural elements square feet in area.
lying outside of such sign and not
I
forming an integral part or border . If the work authorized under a sign permit has not been
of the sign. completed within six(6)months after the date of issuance,
the permit shall become null and void. I Sign, Business: A sign that
directs attention to a business or (3) Signs by Conditional Use Permit. Where a use is
profession or to the commodity, permitted in a zoning district by conditional use permit,the
I
service, or entertainment sold or sign for that use shall require a conditional use permit
offered upon the premises where unless the sign isotherwise provided for in this Ordinance.
such sign is located or to which it is
I
attached (4) General Standards.
Sign, Flashing: An (A) No sign may be erected that,by reason of position,
illuminated sign which has a light shape,movement,color or any other characteristic, ,,
source not constant in intensity or interferes with the proper functioning of a traffic
color at all times while such sign is sign or signal or otherwise constitutes a traffic
in use or a sign containing an hazard;nor shall signs be permitted which would
I
electric reading board otherwise interfere with traffic control.
Sign, Identification: A sign (B) All signs,other than public utility warning signs,
I
which identifies the inhabitant of the are prohibited within the public right-of-way of
dwelling. any major highway,County road or other county
property.
I
Sign, Motion: A sign that
has revolving parts or signs which (C) Political signs are allowed in any district,on
produce moving effects through the private property,with the consent of the owner of I use of illumination. the property. Such signs must be removed within
seven(7)days following the date of the election or
Sign, Nameplate: A sign elections to which they apply.
I
which states the name and/or
address of the business, industry or (D) Illuminated signs shall be diffused or indirect so as
occupant of the site and is attached not to direct rays of lighting onto any major
I
to said building or site. highway or county road. No illuminated signs or
their support structure shall be located closer than
Sign, Pedestal: A ground twenty-five(25)feet to a major highway or county
I
sign usually erected on one (1) roadway surface or closer than ten(10)feet to a
central shaft or post which is solidly road right-of-way line,notwithstanding more
affixed to the ground restrictive portions of this section.
Sign, Real Estate: A sign (E) Flashing signs shall be prohibited. Signs giving
offering property(land and/or off intermittent,rotating,or direct light which may
buildings)for sale, lease or rent. be confused with traffic,aviation,or emergency
1
signaling are also prohibited.
I
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ISign, Roof A sign erected (F) Real estate sales signs may be placed in any yard
I upon or above a roof or parapet of a providing such signs are not closer than 10 feet to
structure. any property line.
Sign, Shopping Center or (G) Real estate development project sales signs may be
IIndustrial Park: A business sign erected for the purpose of selling or promoting a
designating a group of shops or single family or multiple family residential project.
offices. Such development must be recorded with the
I
Washington County Recorder prior to the erection
Sign, Wall: A sign attached of a sign. Signs are subject to the following
to or erected against the wall of a standards.
I structure with the exposed face of
the sign a plan parallel to the plane 1. Such signs shall not exceed one hundred
of said wall. (100)square feet in area.
I2. Only one(1)such sign shall be erected on
maximumeachcounty of threeroadfrontage(3)such signswitha per
Iproject.
I 3. Such signs shall be removed when the
project is eighty percent(80%)completed,
sold or leased.
I4. Such signs over thirty-two(32)square feet
shall only be permitted by a sign permit.
I5. Such sign must be located on the property
which is for sale. Off-site development
project signs are prohibited.
I (H) One development identification sign shall be
allowed for each street entrance to a development
I or municipality. The sign shall not exceed thirty-
two(32)square feet per surface and no sign shall
have more than two surfaces. The sign shall not
Iexceed eight(8)feet in height.
(I) Signs shall not be painted directly on the outside
I wall of a building. Signs shall not be painted on a
fence,tree, stone or other similar objects in any
district.
I (J) Roof signs are prohibited in all districts.
I (K) All signs and displays using electric power shall
have a cutoff switch on the outside of the sign and
on the outside of the building or structure to which
I
the sign is attached. No electrically illuminated
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
signs shall be permitted in an residential or
�
agricultural district.
(L) Advertising signs are allowed only in the
Commercial/Industrial-Rural(CI-R)or
Commercial Industrial-Urban(CI-U)Districts and
shall not be located closer than three thousand
(3,000)feet to any other sign on the same side of a
road. The maximum size of an advertising sign
shall not exceed 200 square feet. All advertising
signs shall require a Conditional Use Permit
(CUP). I
(M) Multi-faced signs shall not exceed two(2)times
the allowed square footage of single-faced signs.
(N) Except for more restrictive parts of this Sign
Section,no sign that exceeds one hundred(100)
square feet in area shall be erected or maintained:
1. Which would prevent any traveler on any
road from obtaining a clear view of
approaching vehicles on the same road for
a distance of five hundred(500)feet.
2. Which would be closer than one thousand
three hundred fifty(1,350)feet to a
national, state or local park,or historic
site.
3. Which would partly or totally obstruct the
view of a lake,river, rocks,wooded,area,
stream or other point of natural and scenic
beauty. '
(0) Any sign for which no permit has been issued shall
be taken down and removed by the owner, agent or
person having the beneficial use of the building, or
land upon which the sign may be found within
thirty(30)days after written notice from the
Zoning Administrator.
(P) Any sign which becomes structurally unsafe or
endangers the safety of a building or premises or
endangers the public safety, shall be taken down
and removed or structurally improved by the
owner,agent or person having the beneficial use of
the building,structure or land upon which the sign
is located within ten(10)days after written
notification from the Zoning Administrator. ,
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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(Q) If the work authorized under a sign permit has not
' been completed within six(6)months after the
date of issuance,the permit shall become null and
void.
(5) Signs in Agricultural Districts/Residential&Transition
Districts. Identification,real estate sales,development
' identification and political signs are the only signs
permitted in an agricultural district,residential district or
transition district.
' (A) No sign shall be so constructed as to have more
than two(2)surfaces.
' (B) One(1)of each of the permitted type signs,one
(1)political sign for each candidate will be
' permitted.
(C) No sign shall exceed thirty-two(32)square feet in
size.
(D) The top of the display shall not exceed ten(10)
feet above grade.
(E) Any sign over two(2)square feet shall be setback
at least ten(10)feet from any property line.
' (6) Signs in Commercial/Industrial-Rural(CI-R)and
Commercial/Industrial-Urban(CI-U)Districts.
(A) Business,political,development identification and
real estate sales signs are permitted. Advertising
signs are allowed by conditional use permit only.
(B) Number of each type of sign allowed per lot
frontage:
1. One(1)advertising sign on any lot having
a frontage of one hundred fifty(150)feet
or more provided standard;
2. One(1)real estate sales sign;
' 3. One(1)political sign for each candidate;
and
4. One(1)freestanding business sign(either
pedestal or ground sign)and one(1)
' business sign attached to the building.
(C) Except as provided herein,the total square footage
of sign area for each lot shall not exceed two(2)
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
square feet of signarea for each lineal foot of lot
t
frontage. No sign shall exceed two hundred(200)
square feet in area. Each real estate sales sign or
political sign shall not exceed thirty-five(35)
square feet in area.
(D) The top of the sign shall not exceed twenty-five 111
(25)feet above the average grade.
(E) Any sign over six(6)square feet shall be setback
at least ten(10)feet from any property line. In no
case shall any part of a sign be closer than two(2)
feet to a vertical line drawn at the property line.
(7) Signs in Planned Unit Development Districts or Uses
Requiring a Conditional Use Permit.
(A) The type,number,size,height and setback of signs
shall be as specifically authorized by terms of the
conditional use permit. To the extent feasible and
practicable, signs shall be regulated in a manner
similar to that in the use district most appropriate
to the principal use involved.
(8) Shopping Center Signs. I
(A) Shopping Centers or buildings containing more
than one(1)tenant are allowed one(1) ,
freestanding ground or pedestal sign which shall
contain the names of all businesses in the project.
Individual businesses may be identified by way of
signs attached to the building. The total square
footage of sign area shall not exceed the limits set
forth in Part 6C.
(B) Except for marquee signs, signs shall in no case
project from a building or structure to any point
within two(2)feet of a line drawn perpendicularly
upward from the curb line.No projecting sign
shall be less than nine(9)feet above the sidewalk
or the ground level. All projecting signs for which
a permit is required shall be constructed entirely of
fire resistant material.
(9) Home Occupation. Any home occupation along a county 111
road and permitted under Section 2.12 of this ordinance
shall be allowed a sign no greater than nine(9)square feet
in size.
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
SECTION
2. STANDARDS FOR USES
' The purpose of this section is to 2.1 Accessory Apartments
provide standards for the
I establishment and use of home (1) Required Permits. Accessory apartments are allowed in
accessory apartments, in owner- the Agricultural districts(AP,A-1,A-2,A-4),
occupied single family homes Conservancy district,Rural Residential district(RR),
located in agricultural and Single Family Estate(SFE),Residential Suburban district
residential districts where a single (RS),and Transition Zone(TZ)with a Certificate of
family home is a permitted use. Compliance.
IAn accessory apartment is defined (2) Other Requirements. The accessory apartment must
as a secondary dwelling unit within comply with all rules and regulations of Federal, State,
I an existing owner-occupied single County and local agencies.
family dwelling for the use as a
complete independent living facility. (3) Performance Standards. An accessory apartment must
I A density unit is not attributed to comply with all of the following standards.
this dwelling unit when calculating
density. (A) There shall be no more than one accessory
Iapartment within the single family dwelling unit.
(B) The structure in which an accessory apartment is
Ilocated shall be owner occupied.
(C) No separate curb cut shall be permitted for the
accessory apartment unit.
I (D) The certificate of compliance will be reviewed
annually. The owner shall obtain a certificate of
I compliance once a year in the month of January
for the duration of the use,presenting at the time
of such renewal,proof in the form of an affidavit
I that the circumstances for which the certificate of
compliance was issued have not changed.
I The purpose of this section is to
enable seasonal agricultural 2.2 Agricultural Business-Seasonal
businesses to be operated in the (1) Required Permits. Agricultural Business- Seasonal is
I agricultural and rural areas. allowed in the Agricultural Districts(AP,A-1,A-2,A-4),
Conservancy District, Rural Residential District(RR),
Agricultural Business-Seasonal is Single Family(SFE),and Transition Zone(TZ),with a
I defined as a seasonal business not certificate of compliance.
exceeding six months in any
calendar year operated on a rural (2) Other Requirements. The business must comply with all
farm offering for sale to the general rules and regulations of Federal, State,County and local
Ipublic,produce or any derivative agencies.
thereof grown or raised on the
I property. (3) Performance Standards. Seasonal agricultural businesses
must comply with all of the following standards.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
r
(A) The majority of product sold on the property shall
be grown or raised on the property. No sale of
product shall take place on any County right-of-
way.
(B) Any temporary structure placed on the property for
such sales must be removed at the end of the
selling season. The size of the temporary structure
shall not exceed 100 square feet.
(C) If deemed necessary by the Zoning Administrator,
off-street parking may be required.
(D) All structures, including temporary structures shall
meet the minimum setback requirements of the
zone in which it is located.
(E) The certificate of compliance shall be reviewed '
annually.
This section establishes regulations 2.3 Automotive Dealership I
for the location of automotive
dealerships within the County. (1) Required Permits. A conditional use permit is required for
automotive dealerships in the Commercial/Industrial-Rural
An automotive dealership is any (CI-R)and the Commercial/Industrial-Urban (CI-U)
place where automobiles are sold to districts.
the general public. Business i
activities accessory to this retail use (2) Other Requirements. Automotive dealerships must comply
include motor vehicle repair,fuel with all rules and regulations of Federal, State,County and
dispensing, and the rental of local agencies.
vehicles.
(3) Performance Standards. Automotive dealerships must
comply with all of the following standards: '
(A) A minimum lot area of two and one-half(2V2)
acres is required.
(B) A minimum lot width of 150 feet is required.
(C) Automobile sales shall be on one(1) lot or ,
contiguous lots not separated by a public street,
alley or other use.
(D) The parking area for the outside sales and storage
g
area shall be hard-surfaced before the operation of
business begins and maintained to control dust,
erosion and drainage.
1
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Washington CountyZoning Ordinance•Chapter Four•Performance Standards
I
(E) The maximum area permitted for outside storage
I of automobiles,new and used, shall not exceed
five(5)square feet of outside storage area to each
one(1)square foot of enclosed ground floor area.
Each space used for the parking of a"for sale"
I
automobile shall be a minimum of nine(9)feet
wide and eighteen(18)feet in length.
I (F) Interior concrete or asphalt curbs shall be
constructed within the property to separate driving
and parking surfaces from landscaped areas.
I Interior curbs shall be a nominal six(6)inches in
height.
I (G) All areas of the property not devoted to building or
parking areas shall be landscaped.
I (H) If the automotive dealership is located in the
Commercial/Industrial-Urban District,a car wash
may be included as an accessory use.
1 (4) A grading and drainage plan identifying the collection,
retention and drainage of stormwater shall be submitted to
I the Zoning Administrator, Watershed District and the
Washington County Soil and Water Conservation District
at the time of application.
I (5) A transportation management plan shall be submitted to
the Zoning Administrator at the time of application. This
plan shall address the interior street system,parking
I
management,traffic control,including the mitigation of
overflow parking and traffic movement onto the public
street system.
IThe purpose of this section is to 2.4 Balloon Ports-Commercial
establish standards for the location
I of commercial balloon ports. (1) Required Permits. A commercial hot air balloon port is
allowed following the issuance of a conditional use permit
A Balloon Port is defined as an area in the Agricultural and Rural Residential Districts.
I of land designated for the take-off,
storage and maintenance of hot air (2) Other Requirements. The commercial balloon port must
balloons on a commercial basis. comply with all rules and regulations of Federal, State,
ICounty and local agencies.
(3) Performance Standards. A commercial hot air balloon port
Imust meet all of the following:
(A) The take-off area must be at least 20'from any
I
property line.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
111(B) Minimum lot size requirement is ten acres.
(C) The minimum lot width required is 300'. 1
(D) Uses accessory to commercial hot air balloon ports
which include but are not limited to office, storage
of equipment and vehicles are permitted.
Accessory structures are limited to a maximum of
2500 square feet.
This section provides for the 2.5 Bed and Breakfast
establishment of bed and breakfast
facilities. The regulations are (1) Required Permits. Bed and breakfast facilities are
intended to allow for a more permitted in Agricultural and Residential Districts with a
efficient use of residential areas if conditional use permit. 111the neighborhood character is
preserved to maintain both the (2) Other Requirements. The Bed and Breakfast must comply
residential neighborhood with all rules and regulations of Federal, State,County and
experience and the bed and local agencies.
breakfast experience. These
regulations enable owners to (3) Performance Standards. Bed and breakfast facilities must
maintain residential structures in a comply with all of the following requirements:
manner which keeps them primarily
in residential uses. (A) It is intended that bed and breakfast facilities be a
converted or a renovated single family residences ,
A Bed and Breakfast is defined as and that this principal function be maintained. No
an owner-occupied private home structure shall be constructed for the sole purpose
where accommodations are offered of being utilized as a bed and breakfast facility;no
for one or more nights to transients; existing structure shall be enlarged or expanded
in addition, a breakfast meal is for the purpose of providing additional rooms for
served on the premises to no more guests. The exterior appearance of the structure
than ten (10)persons. shall not be altered from its single family
character.
(B) Primary entrance to the guest rooms shall be from I
within the dwelling unit.
(C) Guests are limited to a length of stay of no more ,
than thirty consecutive days.
(D) No food preparation or cooking shall be conducted r
within any of the guest rooms. The only meal to
be provided to guests shall be morning breakfast,
and it shall only be served to guests taking lodging
in the facility.
(E) Activities including luncheons,banquets,parties, I
weddings,meetings,charitable fund raising,
commercial or advertising activities, or other
1
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
' gatherings for direct or indirect compensation, are
I prohibited at a bed and breakfast facility.
(F) On-site parking, sufficient to handle all guest and
owner vehicles, shall be provided.
IThis section provides regulations 2.6 Car Wash
for car wash facilities.
I (1) Required Permits. A car wash is permitted in the
Commercial/Industrial-Urban District with a conditional
hand or machine operated facilities use permit.
I for washing and cleaning motor
vehicles. (2) Other Requirements. The car wash must comply with all
rules and regulations of Federal, State,County and local
Iagencies.
(3) Performance Standards. A car wash must comply with all
Iof the following requirements:
(A) The site shall be designed to provide additional
parking or car stacking space to accommodate that
I
number of vehicles which can be washed during a
15 minute period.
I (B) The car wash shall be serviced with a public
sanitary sewer system.
I
The purpose of this section is to 2.7 Cemeteries
regulate the locations of cemeteries
within the unincorporated areas of (1) Required Permits. An approved conditional use permit is
I the County. required for cemeteries in the Agricultural Districts(A-1,
A-2,A-4),Rural Residential District(RR), Single Family
Cemetery: Land used or Estate(SFE),Residential Suburban District(RS),
I intended to be used for the burial of Transition Zone(TZ),and Commercial-Industrial Zones
the dead and dedicated for cemetery (CI-R,CI-U).
purposes and including, but not
I limited to, columbariums, (2) Other Requirements. Cemeteries must comply with all
mausoleums and chapels when rules and regulations of Federal, State,County and local
operated in conjunction with and agencies.
I within the boundaries of such
cemetery. (3) Performance Standards. Cemeteries must comply with all
of the following standards.
I Columbarium: A structure,
room, or other space in a building (A) The minimum area of a cemetery shall be five(5)
or structure containing niches for acres unless associated with a house of worship.
I inurnment of cremated remains in a
place used, or intended to be used, (B) The site proposed for a cemetery or cemetery
and dedicated,for cemetery expansion shall not interfere with the development
I purposes. of a system of collector or larger streets in the
vicinity of such site.
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Washington CountyZoningOrdinance• I
gt Chapter Four•Performance Standards
Mausoleum: A structure or r
building for the entombment of the (C) Burial plots,grave markers, monuments and
dead in crypts or vaults in a place buildings operated in connection with a cemetery
III
used, or intended to be used, and must meet the building setbacks and structure
dedicated for cemetery purposes. height requirements of the underlying zoning
Accessory Use. In district.
I
• Commercial/Industrial-Rural
Districts (CI-R) and (D) Graves and structures used for interment shall be
Commercial/Industrial-Urban setback 50 feet from wells. 111Districts (CI-U),funeral homes and
crematories are accessory uses to (E) Cemeteries are prohibited below the regulatory
cemeteries. flood protection elevation as defined in Chapter
Ten of this ordinance.
The purpose of this section is to 2.8 Community Residences
provide reasonable
I
accommodations for persons with a (1) Required Permits. A community residence serving 1 to 6
developmental disability in individuals and appropriate staff shall be allowed in all
accordance with the Federal Fair Residential and Agricultural districts. A community
I
Housing Act. residence serving 7 to 16 individuals and appropriate staff
shall be allowed with a conditional use permit in the SFE,
Definition.A Community Residence RS,Commercial/Light Industrial Rural and Urban districts.
I
is defined as a facility providing A community residence serving over 16 individuals and
residential and habilitative services appropriate staff shall be allowed with a conditional use
to persons with developmental permit in the Commercial/Light Industrial -Urban district.
I
disabilities licensed by the State of
Minnesota. One density unit shall (2) General Requirements.
be attributed to this residence when ,
calculating density. (A) All appropriate licenses must be obtained from
State and County agencies.
(B) The outward appearance of any dwelling unit used
for a community residence in the Agricultural and
Residential districts shall be maintained.
I
(C) No community residence shall provide
accommodations to persons whose tenancy would
I
constitute a direct threat to the health and safety of
other individuals. The facility cannot accept court
ordered referrals for treatment in lieu of
incarceration without adequate security.
I
(3) Performance Standards. In order to obtain a conditional
use permit for a community residence serving 7 to 15
I
individuals,the following standards must be met.
(A) Off-street parking standards of this ordinance must
II
be met.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
(B) Adequate utilities including sewage disposal must
Ibe available.
(C) All building and fire codes must be met.
I (D) Community residences shall not be closer than
1,000'to each other.
I (E) The Planning Commission may impose additional
conditions related to landscaping,access, security,
sanitary sewer and admission policies if deemed
Inecessary.
(F) The Planning Commission may require periodic
1 review of the conditional use permit.
The purpose of this ordinance is to 2.9 Essential Services-Government Uses.Buildings and Storage
I provide regulations for the
establishment of essential services. (1) Required Permits. Essential services-government uses,
buildings and storage are allowed in all zoning districts
I An Essential Service-Government with a certificate of compliance.
Uses, Buildings and Storage is
defined as an area of land or (2) Other Requirements. The essential service must comply
I structures used for public purposes,
storage or maintenance owned or with all rules and regulations of Federal, State,County and
local agencies.
leased by a governmental unit.
I (3) Performance Standards. The essential service must
comply with all of the following standards:
(A) The parcel on which the essential service will be
I
located must have a minimum lot area of two(2)
acres.
I (B) Structures must be setback in accordance with the
required setbacks of the zoning district.
I (C) The site shall be landscaped to screen the facility
from view from property lines and road.
I The purpose of this section is to
2.10 Essential Services- Utility Substation
establish regulations for utility
substations. (1) Required Permits. Essential services-utility substations
I
An Essential Service- Utility are allowed in all zoning districts with a certificate of
compliance.
Substation is defined as a utility
I whose function is to reduce the (2) Other Requirements. The essential service must comply
strength, amount, volume, or with all rules and regulations of Federal, State,County and
configuration of utility flow from a local agencies.
' bulk wholesale quantity in large size
long distance transmission lines to
I
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W
ashington County Zoning Ordinance•Chapter Four•Performance Standards
small retail quantities in the (3) Performance Standards. The essential service must
neighborhood distribution system. comply with all of the following standards.
These uses include electric 1
substations, telephone switching (A) Notwithstanding the prohibition against two or
and relay facilities, water and more uses on an individual parcel,the lot area for
sewage pumps and lift stations. essential service-utility substation can be acquired
111
Business offices associated with by lease provided,however,the lot shall be large
these uses are not included as part enough so all structures/facilities comply with the
of this definition. required setbacks for the zoning district. I
(B) The approved lot, if no longer needed or used by
the utility,the applicant shall return the property to
its original state. The zoning administrator may
require a bond to ensure compliance with this
standard.
(C) A certificate of compliance shall be recorded with
the office of the County Recorder.
(D) The site shall be landscaped to screen the facility
from view from property lines and road.
(E) Utility Substations or any other essential service as
defined above containing antennas and towers
greater than 45' in height must comply with ,
Section 2.35 of this Ordinance.
The purpose of this section is to 2.11 Funeral Homes
111
provide for the location of funeral
homes in the unincorporated areas (1) Required Permits.
of the County.
(A) In the Commercial/Industrial -Rural(CI-R)
Funeral Home: A building District, funeral homes that do not contain
or part thereof used for funeral facilities for the embalming, cremation and
services. Such buildings may performance of other services used in the
contain space and facilities or: a) preparation of the dead for burial are permitted
embalming and the performance of with a certificate of compliance.
other services used in preparation
of the dead for burial; b) the storage (B) In the Commercial/Industrial-Urban(CI-U)
of caskets, urns, and other related District,funeral homes and crematories are
funeral supplies; and c) the storage permitted with a certificate of compliance.
of funeral vehicles, but shall r}gl
include facilities for cremation. (2) Other Requirements. All rules and regulations of federal,
Where a funeral home is permitted, state,county and local authorities must be met.
a funeral chapel shall also be
permitted (3) Accessory Use. In Commercial/Industrial-Rural Districts
(CI-R)and Commercial/Industrial-Urban Districts(CI-U),
Crematorium or Crematory: funeral homes and crematories are accessory uses to
Where bodies are consumed by cemeteries.
incineration and the ashes of the 1
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rPursuant to County Board Action on June 24, 1997, the following revisions have been made
to this document.
Chapter 1, Section 3.1, Definitions
' (109) Home Occupation: A use of a residential or agricultural property for gainful
employment which a) is clearly incidental and subordinate to the use of the
property as residential or agricultural; b) is carried on solely within the main
' dwelling or accessory buildings and does not alter or change the exterior character
or appearances of the property; and c) is created and operated by the occupant of
the dwelling.
Chapter 4, Section 2.13, Home Occupations
(1) Required Permits. Home occupations are allowed in all districts. Home
occupations must meet the performance standards for home occupations and are
' required to obtain a certificate of compliance.
I
I
I
I
i
1 •
Washington County Zoning Ordinance•Chapter Four•Performance Standards
deceased are collectedfor (4) Performance standards. Funeral homes shall meet all the
permanent burial or storage in urns. required performance standards established for the
Iunderlying zoning district.
111
This section establishes provisions 2.12 Golf Courses
for the location and design
standards of golf courses within the (1) Accessory Uses. Accessory uses to a golf course are
I county. limited to a driving range,putting greens,a pro shop,a
club house, locker rooms,a restaurant and bar and
A Golf Course is defined as an area maintenance buildings.
I of land laid out for golf with a
minimum series of nine (9) holes (2) Required Permits. Golf courses are permitted in the
each including tee,fairway, and Agricultural Districts(AP,A-1,A-2,A-4),Rural
I putting green and often one or more
natural or artificial hazards. Residential District(RR), Single Family Estate(SFE),
Residential Suburban(RS)and Transition Zone(TZ)with
a conditional use permit.
I (3) Other Requirements. All rules and regulations of federal,
state,county and local agencies must be met.
I (4) Performance Standards. The golf course must meet all of
the following standards:
I (A) Landscaping shall be planted to buffer the use
from adjacent residential land uses and to provide
screening. A landscape plan shall be submitted to
I
the zoning administrator at the time of application
for a conditional use permit.
I (B) Storage and use of pesticides and fertilizers shall
meet the standards of the State Department of
Agriculture. A plan shall be submitted for
Ipesticide and fertilizer use at the facility.
(5) A mandatory environmental assessment worksheet shall be
I required for the development of a golf course facility.
Washington County will be the responsible governmental
unit for the preparation of the environmental assessment
I worksheet. Costs associated with the preparation of the
environmental assessment worksheet shall be borne by the
applicant.
IThe purpose of this section is to 2.13 Home Occupations
allow for home occupations that
demonstrate compatibility with the (1) Required Permits. Home occupations are allowed in
Ineighborhoods in which they exist. dwelling units in all districts. Home occupations must
meet the performance standards for home occupations and
IA use of a dwelling unit for gainful are required to obtain a certificate of compliance.
employment which a) is clearly
I
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
incidental and subordinate to the (2) Other Requirements. The home occupation must comply I
use of the dwelling unit as a with all rules and regulations of Federal, State, County and
residence; b) is carried on solely local agencies.
within the main dwelling and does
not alter or change the exterior (3) Performance Standards. A home occupation must comply
character or appearances of the with all of the following standards:
dwelling; and c) is created and I
operated by the occupant of the
dwelling. (A) Any sign associated with the home occupation
shall be in compliance with Chapter 4, Section 1.9
of this ordinance. I
(B) There shall be no outdoor display or storage of
goods, equipment or materials for the home I
occupation.
(C) Parking needs generated by a home occupation
I
shall be provided on-site.
The purpose of this section is to 2.14 Horse Training Facilities
regulate horse training structures I
and their use.
(1) Required Permits. Horse training facilities are allowed in
the Agricultural(AP,A-1,A-2,A-4) Single Family Estate
Horse Training Facility, (SFE),Rural Residential(RR),Residential Suburban(RS)
Commercial: The use of an and Transition Zone(TZ)Districts. A certificate of
accessory building in which horses compliance shall be required for private horse training
not owned by the property owner facilities of ten horses or more and commercial horse
are kept for commercial use training facilities of less than ten horses. Commercial
including boarding, breeding, hire, horse training facilities of ten or more horses shall obtain a
sale, show and training. conditional use permit. I
Horse Training Facility, (2) Other Requirements. A horse training facility must
Private: The use of an accessory comply with all rules and regulations of Federal, State, I
building incidental to the existing County and local agencies.
dwelling unit in which horses owned
by the property owner are kept for (3) General Standards. Horse training facilities must comply I
private use and training. with all of the following standards:
(A) Horse training facilities shall meet the setback
requirements for detached domesticated farm
animal buildings and agricultural farm buildings as
indicated in Chapter 4, Section 1.2,Accessory
Structures,of this ordinance.
(B) Horse training facilities equipped with wash stalls l
shall be provided with a drainage and septic 1
system separate from the principal structure.
(C) All horse training facilities must meet the animal 1
density per acre and livestock operation
I
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
Irequirements of Chapter 4, Section 2.17 of this
ordinance.
(D) All accessory buildings must meet the
requirements for size as indicated in Chapter 4,
I
Section 1.2,Accessory Buildings of this
ordinance.
I (E) A manure management plan may be required by
the zoning administrator or planning advisory
commission.
I (4) Horse training facilities are considered accessory to
residential or farm dwellings.
I (5) Private horse training facilities of 10 horses or more must
meet the following standard: Private horse training
I facilities may not be used for human living quarters,
preparing of meals,or for similar personal living activities.
(6) Commercial horse training facilities must meet all of the
I
following standards:
(A) One full time employee for the horse training
I
facility may reside at the property, including the
stable. Living quarters for the employee must
meet the standards of the Uniform Building Code
I
of Minnesota.
(B) Every commercial horse training facility,or
I portion thereof,where the public is served shall be
provided sanitary facilities in accordance with the
regulations of the Uniform Building Code of
I Minnesota and Washington County Individual
Sewage Treatment System Ordinance.
I (C) The property owner of land to be used for a horse
show must provide information on traffic volume,
number of participants, sanitary service,and
Ihuman and animal waste disposal.
This section establishes provisions 2.15 Kennels-Commercial
I for the location of commercial
kennels within the County. (1) Required Permits. In the Agricultural Districts(AP,A-1,
A-2,A-4)a conditional use permit is required for
commercial kennel is anyplace commercial kennels. In the Commercial/Light Industrial-
IA
where four(4) or more of any type Rural District(CI-R)and the Commercial/Light Industrial-
of domestic pets, over six (6) months Urban District(CI-4)a certificate of compliance is
of age, are boarded, bred, trained required for commercial kennels.
Ior offered for sale. This term does
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
not include pet shops or veterinary (2) Other Requirements. Commercial kennels must comply PY
establishments. with all rules and regulations of Federal, State, County and
local agencies. I
(3) Performance Standards. Commercial kennels must comply
with all of the following standards.
I
(A) The minimum lot area required for commercials
kennel is five(5)acres.
I
(B) Any outdoor structures used for the confinement,
careorbreeding of animals shall be setback a
minimum of one hundred(100)feet from any
property line and fifty(50)feet from any water
supply well.
(C) An individual sewage treatment system shall be
I
installed with the capacity to handle waste and
hosings from the kennel and kennel runs.
I
The purpose of this section is to 2.16 Light Manufacturing
establish standards regulating light
I
manufacturing facilities. (1) Required Permits. A certificate of compliance is required
for light manufacturing facilities in the
Light manufacturing is a use Commercial/Industrial-Rural(CI-R)and the I
engaged in the manufacture, Commercial/Industrial-Urban districts(CI-U).
predominantly from previously
prepared materials, offinished (2) Other Requirements. Light manufacturing facilities must
III
products or parts, including comply with all rules and regulations of Federal, State,
processing,fabrication, assembly, County and Local agencies.
treatment,packaging, incidental
storage, sales and distribution of (3) Performance Standards. Light Manufacturing facilities I
such products. Such uses include, must comply with the following standards:
but are not limited to, the following:
lumber yard, machine shops, (A) Exterior Storage is permitted as an accessory use I
products assembly, sheet metal to the permitted use provided it meets the
shops,plastics, electronics, general following standards:
vehicle repair, body work and I
painting, contractor shops and 1. The exterior storage area must be located
storage yards,food and non- to the rear of the building.
alcoholic beverages, signs and 2. The exterior storage area must be fenced
I
displays,printing, clothing, textiles and screened from view of Federal, State,
and used auto parts. County Roadways and all property lines.
(B) The light manufacturing facility may contain a I
retail sales room provided it meets the following
standards:
I
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IWashington CountyZoning Ordinance•Chapter Four•Performance Standards
I
I
1. Retail sales are limited to those products
which are produced by the manufacturing
I
use.
2. Retail sales use shall not occupy more
I than twenty(20)percent of the light
manufacturing building.
I (C) All loading and unloading areas to the facility
shall be located on the side or rear of the building
provided these areas are screened from view of
IFederal, State and County highways.
The purpose of this section is to 2.17 Livestock and Livestock Operations
I protect the County's valuable
groundwater and surface water (1) Required Permits.
resources by establishing minimum
I regulations and a permitting (A) Any person owning or conducting a livestock
process for livestock operations. operation containing over eleven(11)animal units
in the AP,A-1,A-2,A-4 districts shall obtain a
I Animal Unit: A unit of certificate of compliance.
measure used to compare
differences in the production of (B) Any person owning or conducting a livestock
I animal manures that employs as a operation with eleven(11)or more animals units
standard the amount of manure in the RR, SFE,RS and TZ districts shall obtain a
produced on a regular basis by a conditional use permit.
I slaughter steer or heifer.
(2) Other Requirements. Livestock and livestock operations
Feedlot. A lot or building must comply with all rules and regulations of Federal,
or combination of lots and buildings State, County and local agencies.
I intended for the confined feeding,
breeding, raising or holding of (3) Performance Standards. Livestock and livestock
animals and specifically designed as operations must comply with all of the following
I a confinement area in which manure standards:
may accumulate, or where the
concentration of animals is such (A) No livestock shall be placed on any site of less
I that vegetative cover cannot be than five(5)acres.
maintained within the enclosure.
Open lots used for the feeding and (B) Required Setbacks.
I rearing of poultry shall be
considered to be a feedlot. 1. The following shall be the minimum
setback requirements for pastures.
I Livestock Operations: A lot
or building or combination of lots (a) DNR protected water
and buildings intended for the course or lake 100 feet
I breeding, raising or holding of
eleven (11) or more animal units. (b) Wetlands 75 feet
I Livestock: Domestic farm 2. The following shall be the minimum
animals including but not limited to setback requirements for feedlots.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
cattle, hogs, horses, bees, sheep,
goats, chickens and other animals (a) County Parks 300 feet
commonly kept for commercial food
production purposes and pleasure. (b) DNR protected water
course or lake 300 feet
Pastures: Areas where
grass or other growing plants are (c) Wetlands 75 feet
used for grazing and where the
concentration of animals is such (d) Private Well 100 feet
that a vegetation cover is
maintained during the growing (C) The following equivalents shall apply when
season. determining animal units:
Animal
Units '
1. one mature dairy cow 1.4
2. one slaughter steer or heifer 1.0 '
3. one horse 1.0
4. one swine over 55 pounds 0.4
5. one goose or duck 0.2
6. one goat or sheep 0.1 '
7. one swine under 55 pounds 0.05
8. one turkey 0.018
9. one chicken 0.01
For animals not listed above,the number of animal
units shall be defined as the average weight of the
animal divided by one thousand(1,000)pounds.
(D) A minimum of two(2)grazable acres shall be
provided for each animal unit or its equivalent.
Grazable acres shall be defined as open,non-treed
acreage currently providing enough pasture or
other agricultural crops capable of supporting
summer grazing at the density stated above.
The keeping of livestock in greater density than
allowed as stated above shall require a conditional
use permit. To obtain such permit,the applicant
must demonstrate that facilities are present and
appropriate practices are being employed to
preclude surface or ground water contamination,
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
I
excessive manure accumulation,odor,noise and
other nuisances.
I (E) The construction of a earthen waste storage basin
is permitted provided a certificate of compliance is
I
issued.
1. The structure shall not be used for the
I storage of-animal manure for a period in
excess of 12 months or the time period for
which it was designed.
I2. The design of the structure shall be
prepared and designed by a registered
I Professional Engineer or staff from the
Washington County Soil and Water
Conservation District qualified in the
I design of earthen structures or prepared by
other professionals specializing in the
design of such structures and with the
proper training for such design and signed
I
by a registered Professional Engineer.
This section establishes provisions 2.18 Motor Vehicle Repair
Ufor the location of motor vehicle
repair establishments within the (1) Required Permits. A conditional use permit is required for
County in a manner that does not motor vehicle repair establishments in the
I
adversely impact adjacent Commercial/Light Industrial-Rural District and the
properties and protects the Commercial/Light Industrial-Urban District.
environment.
I
(2) Other Requirements. Motor vehicle repair establishments
Motor Vehicle Repair- must comply with all rules and regulations of Federal,
Major: General repair, rebuilding State,County and local agencies.
111
or reconditioning of engines, motor
vehicles or trailers; collision service (3) Performance Standards. Motor vehicle repair
including body,frame or fender establishments must comply with all of the following
I straightening or repair; overall standards.
painting and upholstering; vehicle
steam cleaning. (A) Lots and structures utilized for motor vehicle
IMotor Vehicle Repair- repair must meet the minimum standards of the
zoning district in which the use is located.
Minor: Repairs, incidental body
and fender work, replacement of (B) A drainage system for collection of any hazardous
I
parts and motor services to material run-off must be installed. Such system
passenger automobiles and trucks shall be subject to approval by the zoning
I not exceeding 12,000 pounds gross administrator.
weight, but not to include any
operation specified under "Motor (C) The entire site,other than that devoted to
Vehicle Repair-Major." structures and landscaped areas, shall be an
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Washington County Zoning Ordinance•Chapter Four•Performance Standards I
imimpervious I
p ous surface and maintained for control of
dust,erosion and drainage.
(D) Location and number of access driveways shall be t
approved by the county engineer if such
establishment is located along a county road and
I
by the local township engineer if located along a
township road.
(E) No vehicles shall be parked on the premises other
than those utilized by employees, customers
awaiting service or as allowed through a I conditional use permit. Storage of salvage
vehicles shall be prohibited.
(F) All areas utilized for the storage and disposal of I
trash,debris,discarded parts and similar times
shall be fully screened. All structures and ground
shall be maintained in an orderly, clean and safe
I
manner.
(G) Landscaping shall be planted to buffer the use
I
from adjacent residential land uses. A landscape
plan shall be submitted to the zoning administrator
at the time of application for a conditional use
I
permit.
This section establishes provisions 2.19 Motor Vehicle Service Station
for the location of motor vehicle I
service stations within the County in (1) Required Permits. A conditional use permit is required for
a manner that does not adversely motor vehicle service stations in the Commercial/Light
I
impact adjacent properties and Industrial-Rural District and the Commercial/Light
protects the environment. Industrial-Urban District.
Motor Vehicle Service (2) Other Requirements. Motor vehicle service stations must 1
Station: A place for the dispensing, comply with all rules and regulations of Federal, State,
sale or offering for sale of motor County and local agencies.
fuel directly to users of motor
vehicles, together with the sale of (3) Performance Standards. Service stations must comply
minor accessories and the servicing with all of the following standards.
of and minor repair of motor
vehicles. (A) A minimum of lot width of 150 feet is required.
Motor Vehicle Repair- (B) The setbacks of all buildings,canopies and pump
I
Minor: Repairs, incidental body islands shall be in compliance with the standards
and fender work, replacement of of the zoning district in which the use is located.
parts and motor services to
I
passenger automobiles and trucks (C) A drainage system for collection of hazardous
not exceeding 12,000 pounds gross materials must be installed. Such installation is
weight. This definition excludes subject to approval by the zoning administrator.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
definedo erations under "Motor
P
Vehicle Repair-Major". (D) The entire site other than that devoted to structures
and landscaped areas, shall be an impervious
surface and maintained for control of dust, erosion
and drainage.
' (E) Wherever fuel pumps are installed,pump islands
shall be installed.Pump islands shall not be placed
in the required yards.
(F) Interior concrete or asphalt curbs shall be
' constructed within the property to separate driving
and parking surfaces from landscaped areas.
Interior curbs shall be six inches in height,except
at approved entrances and exits.
(G) Access Drives onto a county road must be
' approved by the county engineer. Access drives
onto a township road must be approved by the
local town engineer.
' (H) No vehicles shall be parked on the premises other
than those utilized by employees,customers
' awaiting service or as allowed through a
conditional use permit. Storage of salvage
vehicles shall be prohibited.
' (I) Exterior storage shall be limited to vehicles,
service equipment and items offered for sale on
pump islands; exterior storage of items offered for
sale shall be within yard setback requirements and
shall be located in containers such as the racks,
metal trays and similar structures designed to
' display merchandise or as indicated by the
conditional use permit.
' (J) All areas utilized for the storage and disposal of
trash,debris, discarded parts and similar times
shall be fully screened. All structures and ground
' shall be maintained in an orderly,clean and safe
manner.
' (K) Landscaping shall be planted to buffer the use
from adjacent residential land uses. A landscape
plan shall be submitted to the zoning administrator
at the time of application for a conditional use
' permit.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
The purpose of this section is to 2.20 Multifamily Residential Developments
provide for the establishment and
use of Multifamily Residential (1) Required Permits. Multifamily residential developments *j
Developments. are permitted in all districts with a Conditional Use Permit. ■
A Multifamily Residential (2) Other Requirements. All rules and regulations of Federal,
Development is defined as a State,County and Local authorities must be met.
development with one or more
residential buildings containing two (3) Performance Standards. All multifamily residential
or more dwelling units. developments must meet the following standards.
(A) There shall be no more than six(6)dwelling units
in each structure.
(B) The number of dwelling units shall not exceed the
maximum density for the zoning district in which
the development is located.
(C) If the area is not served by public sewer and public
water,the development must be able to meet all
on-site septic requirements and all standards for
the provision of safe drinking water to the
residents of the development.
(D) Setbacks. ,
1. All structures shall meet the minimum
setback requirements for the zone in which
it is located.
2. The distance between principal structures
shall be a minimum of thirty(30)feet.
3. A buffer of fifty(50)feet shall be
provided between the lot line of single
family residential lot and the multi-family
structure. This buffer shall be landscaped
with a combination of berms,deciduous
and/or coniferous trees to screen the
multifamily residential development from
the single family residential uses.
(E) A transportation management plan shall be
submitted to the zoning administrator at the time
of application. This plan shall address the interior
street system,parking management,traffic control,
including the mitigation of overflow parking and I
traffic movement to the public street system.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
(F) A grading and drainage plan identifying the
I collection,retention and drainage of stormwater
shall be submitted to the the Zoning
Administrator,Watershed District and the
Washington County Soil and Water Conservation
I
District at the time of application.
This section establishes provisions 2.21 Place of Worship
I
for the location of places of worship
within the County. (1) Required Permits. An approved certificate of compliance
is required for places of worship in the Agricultural
I
A Place of Worship is defined as a Districts(AP,A-1,A-2,A-4),Rural Residential District
building, together with its accessory (RR), Single Family Estate(SFE),Residential Suburban
buildings and uses, where persons District(RS),Transition Zone(TZ), and Commercial-
' assemble for religious worship and
which is maintained and controlled Industrial Zones(CI-R,CI-U). The certificate of
compliance application must include a site plan of all
by a religious body organized to structures and a detailed listing of all uses to be conducted
I
sustain public worship. at the property.
(2) Other Requirements. Places of worship must comply with
I all rules and regulations of Federal, State, County and
local agencies.
I (3) Performance Standards. Places of worship must comply
with all of the following standards in addition to other
performance standards of this Ordinance.
I (A) The minimum lot area required is two acres.
(B) Landscaping shall be installed to buffer the use
I from adjacent residential land uses and to provide
screening. A landscape plan shall be submitted to
the zoning administrator at the time of application
Ifor a certificate of compliance.
(4) All accessory residential or school uses upon the premises
Ishall be subject to all requirements of this ordinance.
This section establishes standards 2.22 Plant Nurseries
I for plant nurseries.
(1) Required Permits.
Plant Nursery: A building
I or premises used primarily for the
growing, wholesale and retail sales (A) Plant Nursery. Plant Nurseries require a
Certificate of Compliance in the agricultural(AP,
of trees, shrubs,flowers, other A-1,A-2,A-4),Conservancy District(C),Rural
plants and accessory products Residential(RR), Single Family Estate(SFE)and
I
excluding power tools, tractors, the Transition Zone(TZ),Commercial/Industrial-
decorative rock, tree bark, gravel, Rural(CI-R)and Commercial/Industrial-Urban
I
and compost. Accessory products (CI-U).
are those products which are used
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Washington County Zoning Ordinance•Chapter Four•Performance Standards I
in the culture, display and (B) Plant Nursery-Commercial. Commercial plant I
decoration of lawns, gardens and nurseries require a Certificate of Compliance in
indoor plants. the Commercial/Industrial-Rural(CI-R)and the
Commercial/Industrial-Urban(CI-U)Districts.
Plant Nursery-
Commercial: A building or (2) Other Requirements. All rules and regulations of Federal,
I
premises used primarily for the State,County and Local authorities must be met.
retail sale of trees, shrubs,flowers
or other plants which may not have (3) Performance Standards. Plant Nurseries must meet all of
I
been grown or raised on the the following minimum standards in addition to other
property. performance standards in this Ordinance.
(A) The minimum lot area shall be ten(10)acres. I
(B) The majority of product sold on the property shall
be grown or raised on the property.
I
(C) The exterior storage of landscape equipment and
storage areas shall be screened from view of
I
Federal, State or County roadways and property
lines.
(4) Commercial Plant Nurseries shall meet the requirements of a
the zoning district in which they are located.
This section establishes provisions 2.23 Recreation Uses I
for the location and design
standards of commercial (1) Required Permits. Recreation Uses-Active are permitted
I
recreational uses within the county. in Commercial/Light Industrial- Rural Districts(CI-R)and
Commercial/Light Industrial-Urban Districts(CI-U)with
Recreation Use-Active: a certificate of compliance. Recreation Uses-Passive are I All uses such as tennis, racquet ball permitted in the Agricultural Districts(AP, A-1,A-2,A-4),
clubs, amusement centers, bowling Conservancy(C)and Rural Residential Districts(RR)with
alleys, golf driving ranges, a conditional use permit.
I
miniature golf, ice arenas, movie
theaters and similar activities which (2) Other Requirements. All rules and regulations of federal,
are used as a commercial state,county and local agencies must be met.
I
enterprise.
(3) Performance Standards.
Recreation Use-Passive:
A recreation use particularly (A) Recreation Uses-Active shall meet all the
I
oriented to utilizing the outdoor performance standards of the zoning district in
character of an area for passive which they are located.
forms of recreation such as
I
employee recreation areas, nature (B) Recreation Uses-Passive shall meet all of the
centers, conservancy, and following standards:
interpretive centers. I
1. There shall be no overnight
accommodations provided for guests or
visitors of the passive recreation area.
I
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IWashington CountyZonin Ordinance•Chapter Four•Performance Standards
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2. A restaurant may be permitted on the
property provided it only serves guests and
visitors of the facility.
I (C) A one caretaker residence is permitted. The
residence is to be used strictly for the caretaker
and their family members. No separate driveway
I or curb cut shall be permitted for the residence
from a Federal, State or County roadway.
I This section establishes land use 2.24 Recycling Center
provisions for recycling centers
within the County. (1) Required Permits. A conditional use permit is required for
I
recycling centers in the Commercial/Light Industrial-Rural
Recyclable materials: District and the Commercial\Light Industrial-Urban
Materials that are separated from District.
I mixed municipal solid waste for the
purpose of recycling. These (2) Other Requirements. Recycling Centers must comply with
materials are limited to paper, all rules and regulations of Federal, State,County and
I glass,plastics, metals. Refuse-
derived fuel or other material that is
destroyed by incineration is not a (3) Performance Standards. Recycling centers must comply
I recyclable material under the with all of the following standards.
provisions of this ordinance.
(A) Landscaping shall be installed to buffer the use
Recycling: The process of from adjacent residential land uses and to provide
I
collecting and preparing recyclable screening from county roads. A landscape plan
materials and reusing the materials shall be submitted to the zoning administrator at
in their original form or using them the time of application for a conditional use
I in manufacturing processes that do permit.
not cause the destruction of
recyclable materials in a manner (B) The processing equipment shall be enclosed within
Ithat precludes further use. a structure.
Recycling Center: A facility (C) Recyclable material may be stored outside
I where recyclable materials are provided the materials are stored in a covered
collected, stored,flattened, crushed, container. Exterior storage areas shall be surfaced
or bundled prior to shipment to with concrete,asphalt or other impervious surface
I others who will use those materials
to manufacture new products. The material approved by the Zoning Administrator.
Exterior storage areas must not be located in areas
recyclable materials shall be where stormwater runoff from the storage area
I separated at the source and shall be
clean and nuisance free. Hazardous could enter storm sewer, sanitary sewer or other
surface or groundwater.
waste and special waste as defined
by the Minnesota Pollution Control (D) Exterior storage must be screened from view of all
I
Agency shall not be received at a adjacent properties.
recycling center.
(E) An all-weather road negotiable by loaded
Icollection vehicles or other transportation units
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
shall berovided from the
p entrance gate of the
facility to loading and unloading areas. Access to
the site shall be controlled to prevent unauthorized I
dumping.
(F) In the event the business ceases operation,the
owner or operator must close the recycling center
in a manner that prevents the escape of pollutants
to ground water or surface waters,to soils,or to
the atmosphere during post closure period. Where
such facility is regulated by closure rules of the
MPCA,such closure rules must be complied with.
(G) The owner or operator shall submit a financial
guarantee to the Zoning Administrator to ensure
compliance with the permit and the closure
requirements.
This section establishes standards 2.25 Resorts/Conference Facilities ,
for the location of resorts/ -
conference facilities. (1) Required Permits.
Resort: A self contained Resorts are allowed in Agricultural and Rural Residential
development that provides for Districts following the issuance of a Planned Unit
visitor oriented accommodations Development permit. Procedures of the Planned Unit I
and developed recreational Development provisions shall apply.
facilities in a setting with natural
amenities. (2) Other Regulations. ,
All Minnesota Department of Health and Minnesota
Pollution Control Agency requirements must be met. '
(3) Permitted Uses.
(A) Overnight lodging to serve visitors of the resort. '
(B) Recreational facilities including but not limited to
golf course,racquet sports facilities,nature trails,
bike paths, ski areas.
(C) Meeting rooms. '
(D) Restaurant and lounge.
(4) Performance Standards. Resorts/conference facilities must
comply with all of the following standards.
(A) The resort shall be located on a site of at least 50
acres.
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' . Washington County Zoning Ordinance•Chapter Four•Performance Standards
(B) At least 50%of the site shall be dedicated to
permanent open space excluding streets and
parking areas.
(C) No more than 50 units of overnight lodging shall
' be provided.
(D) The maximum density shall not exceed one guest
' room per acre.
(E) Setbacks and height shall be in accordance with
' the underlying zoning district.
(F) Meeting/conference facilities shall be limited to
' 100 persons.
(G) All uses in the resort shall be harmonious with
' each other through the use of special design,
placement or screening. Architecturally,the
structures shall blend in with the natural
environment.
This section establishes provisions 2.26 Schools
' for the location of schools within the
County. (1) Required Permits. A conditional use permit is required for
schools in the Agricultural Districts(AP,A-1,A-2,A-4),
A School is defined as a facility that Rural Residential District(RR), Single Family Estate
' provides a curriculum of pre-school, (SFE),Residential Suburban(RS)district,Transition Zone
elementary, secondary,post- (TZ)district,Commercial/Industrial-Rural(CI-R)District
secondary and other instruction, and Commercial/Industrial-Urban(CI-U)District.
including but not limited to child
day care centers, kindergartens, (2) Other Requirements. Schools must comply with all rules
elementary,junior high, high and regulations of Federal, State, County and local
school. agencies.
(3) Performance Standards. Schools must comply with all of
the following standards.
(A) The minimum lot area required for schools is two
' (2)acres.
(B) Landscaping may be required to be installed to
' buffer the use from adjacent land uses and to
provide screening. A landscape plan shall be
submitted at the time of application for a
conditional use permit, if requested by the Zoning
' Administrator.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards I
a
This section establishes standards 2.27 Se Service Storage Facili [Mini-Storage)
I
Self g fM at'e1
for self-service storage facilities and
to regulate such structures and their (1) Required Permits. Self service storage facilities are f
use. All standards contained in this allowed in the Commercial/Light Industrial,Rural and
section are in addition to other Urban districts following the issuance of a conditional use
applicable standards of the Zoning permit.
I
Ordinance.
(2) Performance Standards.
A Self Service Storage Facility is I defined as a structure or structures (A) Units are to be used for dead storage only. Units
containing separate storage spaces are not to be used for retailing,auto repair,human
of varying sizes leased or rented habitation,or any commercial activity. Storage of
I
individually. any flammable or hazardous material is prohibited.
(B) One off-street parking space is required for each
I
100 storage units and two spaces are required for
the live-in manager if one is provided for. Interior
drives must be wide enough to accommodate a
parked car and traffic that must pass.
I
(C) No outside storage is allowed.
(D) An on-site manager may be allowed provided I
adequate sanitary facilities are provided.
(E) The facility shall be secured by either the walls of I
the structure and/or fencing. All doors on the units
shall face inward and away from the street and
I
property lines.
(F) Only one entrance and exit to the facility are I allowed except for an additional emergency exit.
This section establishes regulations 2.28 Shopping Centers
for shopping centers. I
(1) Required Permits. Shopping centers are permitted in the
A Shopping Center is defined as any Commercial/Industrial-Rural(CI-R)and the
grouping of two (2) or more Commercial/Industrial-Urban(CI-U)districts. A shopping I
principal retail uses on a single lot center within these districts which has less than 10,000
or on abutting lots under multiple or square feet of building area requires a conditional use
single owner. permit. A shopping center which has 10,000 square feet or
I
more of building area requires a planned unit development
permit.
(2) Other Requirements. Shopping Centers must comply with I
all rules and regulations of Federal, State,County and
local government agencies.
I
(3) Performance Standards. Shopping Centers must comply
with all of the following requirements.
I
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iWashington County Zoning Ordinance•Chapter Four•Performance Standards
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I (A) The development plan for the shopping center
shall include a minimum of two(2)acres. There is
no minimum lot size for individual structures
located on lots within a shopping center.
I (B) Shopping Centers shall have direct access to an
arterial or collector street as designated in the
IComprehensive Plan.
(C) The Shopping Center must comply with the use
I requirements and dimensional standards of the
underlying zoning district.
I This section enables temporary 2.29 Temporary Dwelling Unit-Care Facility
dwelling units to be used as care
facility for relatives of the occupant (1) Required Permits. Temporary dwelling units/care
I
permanently residing on the
property. facilities are allowed in the Agricultural Districts(AP,A-
1,A-2,A-4),Conservancy District,Rural Residential
District(RR), Single Family Estate District(SFE),
I A temporary dwelling unit/care Residential Suburban District(RS),and Transition Zone
facility is defined as a manufactured District(TZ)with a Certificate of Compliance.
home which temporarily serves as
residence for a relative of the (2) Other Requirements. Temporary dwelling units/care
Ioccupants residing in the primary facilities must comply with all rules and regulations of
single family residence on the federal, state,county and local government agencies.
I property.
(3) Performance Standards. Temporary dwelling units/care
facilities must comply with the following requirements:
I (A) The property is limited to one(1)temporary care
facility.
I (B) The temporary care facility will be an accessory
dwelling unit to be occupied by persons who are:
I 1. infirm to the extent that they require
extraordinary care; and
I 2. that such care can only be provided by
family members residing in the principal
dwelling house on the premises; and
I3. the infirmity and the need for care
required by(a)and(b)above shall be
I verified by written statement of a
physician.
(C) The temporary care facility shall use the existing
I
road access drive of the principal dwelling unit.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(D) The structure is subject to the same zoning
dimensional setbacks as the principal dwelling '
unit. The structure shall not be closer to the road
right-of-way than the principal building. The
structure shall be located to the side or rear of the
principal building and shall be screened from view
of the road right-of-way.
(E) The unit must be connected to an approved on-site
waste disposal system.
(4) The property owner shall submit a financial guarantee to
the Zoning Administrator to ensure the structure will be
removed upon termination of the certificate of compliance.
The amount of guarantee shall be determined by the
Zoning Administrator.
(5) The certificate of compliance is so conditioned that will
expire and terminate at such time as the care facility is no
longer the residence of the person or persons suffering
from the infirmity which requires such care,or at such
time as such care is no longer required. At the time of
termination of the certificate of compliance,the temporary
care facility shall be removed from the premises within '
thirty(30)days.
(6) The certificate of compliance permit shall be reviewed ,
annually by the Zoning Administrator.
This section enables temporary 2.30 Temporary Dwelling Unit During Construction
dwelling units to be used by the
present or potential occupant of a (1) Required Permits. Temporary dwelling units during
single family residence during the construction are allowed in the Agricultural(AP,A-1,A-2,
construction, reconstruction or A-4)districts,Conservancy district,the Rural Residential
alteration of said residency by the (RR)district, Single Family Estate(SFE), Residential
present or potential occupant. Suburban(RS)and Transition Zone(TZ)district with a
certificate of compliance.
A Temporary Dwelling Unit During
Construction is defined as a mobile (2) Other Requirements. Temporary dwellings units shall
home which temporarily serves as a comply with all rules regulations of Federal, State, County
residence for the present or and local government agencies.
potential occupant while the
primary single family residence is (3) Performance Standards. Temporary dwelling units must
being constructed, reconstructed or comply with all of the following requirements.
altered.
(A) The property is limited to one temporary dwelling
unit during construction.
1
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I . Washington County Zoning Ordinance•Chapter Four•Performance Standards
(B) The dwelling can only be occupied by persons
I who are the present or potential occupants of the
single family residence being constructed,
reconstructed or altered.
I (C) The certificate of compliance is issued only after
the building permit has been obtained for the
proposed construction.
I (D) The temporary dwelling unit shall use the existing
or the proposed road access drive of the principal
Idwelling unit under construction.
(E) The unit must be connected to an approved on-site
iwaste disposal system.
(F) The property owner shall submit a financial
I guarantee to the Zoning Administrator to ensure
that the structure will be removed upon
termination of the certificate of compliance. The
amount of the guarantee shall be determined by the
IZoning Administrator.
I (G) The certificate of compliance shall expire when
construction is completed or within one hundred
and eighty days form the date of issuance or
whichever is less. Renewal of such permit may be
I
approved by the Zoning Administrator. At the
termination of the certificate of compliance,the
temporary dwelling shall be removed from the
Ipremises within thirty(30)days.
This section enables farmers to 2.31 Temporary Farm Dwelling
I occupy dwelling units on a
temporary basis. (1) Required Permits. Temporary farm dwelling units are
allowed in the Agricultural(AP,A-1,A-2,A-4)Districts,
I A Temporary Farm Dwelling is the Conservancy District,the Rural Residential(RR)
defined as a manufactured home district, Single Family Estate(SFE),Residential Suburban
located in an agricultural district (RS)and the Transition Zone(TZ)district with a
I which is an accessory dwelling unit certificate of compliance.
occupied by persons engaged in
farming on the premises and (2) Other Requirements. Temporary farm dwellings shall
I meeting other criteria as specified comply with all rules and regulations of Federal, State,
in this ordinance. County and local agencies.
(3) Performance Standards. Temporary farm dwellings must
1
comply with all of the following standards.
I
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- Washington County Zoning Ordinance•Chapter Four•.Performance Standards
(A) The temporary farm dwelling is an accessory use
to the principal dwelling and may only be located
on a farm of at least 75 acres in size. '
(B) The property is limited to one temporary farm
dwelling unit. I
(C) The structure is subject to the same zoning
dimensional setbacks as the principal dwelling
unit. The structure shall not be located closer to
the road right of way than the principal building.
The structure shall be located to the side or rear of
the principal building and shall be screened from
view of the road right of way.
(D) The dwelling can only be occupied by persons '
who are engaged in the occupation of farming on
the premises as partners or other business
associates of the persons living in the principal
dwelling house on the premises;and who earn fifty
(50%)or more of their annual gross income for
federal income tax purposes from such farming on
the premises.
(E) The temporary farm dwelling unit shall use the
existing road access drive of the principal dwelling
unit.
(F) The unit must be connected to an approved on-site I
waste disposal system.
(4) The certificate of compliance will be reviewed annually.
The owner shall obtain a certificate of compliance once a
year in the month of January for the duration of the use, 111presenting at the time of such renewal,proof in the form of
an affidavit that the circumstances for which the certificate
of compliance was issued have not changed.
(5) The property owner shall submit a financialg uarantee to
the Zoning Administrator to ensure that the structure will
be removed upon termination of the certificate of
compliance. The amount of the guarantee shall be
determined by the Zoning Administrator.
(6) Termination of Permit.
(A) The certificate of compliance is so conditioned
that it will expire and terminate at such time as the
persons occupying the mobile home are no longer
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Washington County Zoning Ordinance•Chapter Four•Performance Standards .
1111
engaged in farming on the premises as required by
Iparagraph 5 D above.
(B) The certificate of compliance will expire and
terminate when the farm becomes less than 75
Iacres in size.
(C) At the termination of the certificate of compliance,
I the temporary farm dwelling shall be removed
from the premises within thirty(30)days.
I This section establishes standards 2.32 Transportation/Motor Freight Terminal
for transportation/motor freight
terminals and to regulate such (1) Required Permits. Transportation/motor freight terminals
I structures and areas and their use. are allowed with a conditional use permit in the
Commercial/Industrial Rural and Commercial/Industrial
A Transportation/Motor Freight Urban districts.
I Terminal is defined as a building or
area in which freight brought by (2) Performance Standards.
truck is assembled and/or stored for
I routing or reshipment, or in which
semi-trailers, including tractor (A) The facility shall be used for office purposes and
storing and transferring of goods to and from
trailer units and other trucks are vehicles only. On-site maintenance of vehicles
I parked or stored and fueling of vehicles is prohibited in the
Commercial/Industrial Rural district.
(B) All outside storage of vehicles/trailers shall be
I screened from view from the road by berms,trees,
fencing or combination thereof.
I (C) All structures and outside storage of
vehicles/trailers shall meet required setbacks.
I This section establishes standards 2.33 Travel Trailer/RV Campground
for the location and operation of
travel trailer/RV campgrounds (1) Required Permits. Travel trailer/RV campgrounds are
I
allowed in all Agricultural Districts and the Rural
A travel trailer/RV campground is Residential(RR)district following the issuance of a
defined as an area or premises conditional use permit.
I operated as a commercial
enterprise, generally providing (2) Other Regulations. All Minnesota Department of Health
space for seasonal accommodations and Minnesota Pollution Control Agency regulations must
I for transient occupancy or use by be met.
transients occupying camping
trailers, self propelled campers and (3) Performance Standards. A travel trailer/RV campground
I tents. The campground is designed must meet the following standards:
for seasonal use as opposed to year
around occupancy. Such accessory (A) The minimum area for a travel trailer/RV park is.
I activities as picnicking, boating, 50 acres.
fishing, swimming, outdoor games
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Washington County Zoning Ordinance•Chapter Four•Performance Standards �.
and other sports and activities are (B) All sanitary facilities must conform to Washington
allowed but not including miniature County On-site Septic System Ordinance.
golf, golf range or any mechanical I
amusement device. (C) No camp space shall be rented to the same person
for a period greater than thirty(30)days. No
recreational vehicle or travel trailer is allowed to
be stored permanently on the property.
(D) The sale,storage,use or occupancy of any
manufactured home is prohibited.
(E) Thedensity of unit spaces shall not exceed five(5)
spaces per acre.
(F) All travel trailer/recreational vehicle parks shall be
sufficiently wooded to buffer the use from public
view.
(G) Individual lots are prohibited from being sold. I
(H) One entrance is allowed into the campground. All
campsites must have direct access only to an ,
internal circulation street. All roads shall be
blacktopped.
(I) Access to the campground shall be from an arterial
or collector street. Access shall be approved by
the County Engineer. I
(J) Travel Trailer/RV Campgrounds shall have at least
twenty percent(20%)of the land area(exclusive
of internal streets)developed for recreational uses
(i.e.,tennis courts,children's play equipment,
swimming pools, golf greens,etc.)which shall be
developed and maintained by the owner or
operator at his own expense. All parks must have
an area or areas set aside for dead storage and
"over-load" parking.
(K) All utilities,such as sewer,water, fuel,electric,
telephone and television antenna lead-ins shall be
buried and there shall be no overhead wires or
support poles except those essential for street or
other lighting purposes. 1
(L) All land area shall be adequately drained and
properly maintained free of dust,refuse,garbage, I
rubbish or debris. All centralized refuse collection
containers and equipment,and park maintenance
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equipment shall be stored in a screened and fenced
service yard within the park.
(M) All permanent structures shall require a building
permit issued by the responsible jurisdiction. The
provisions of this section shall be enforced in
addition to and in conjunction with the provisions
of the Building Code.
(N) A properly landscaped area shall be adequately
maintained around each trailer park. No trailer or
building shall be located within fifty(50)feet of
the exterior boundary of any park or within forty
(40)feet of any exterior existing public right-of-
1 way.
(0) Business identification signs shall be in
accordance with Chapter 4, Section 1.9 of this
ordinance if the business is located along a county
road. If the business is located along a township
' road, local town regulations regarding signs shall
apply.
' (P) Each trailer park must have one(1)or more central
community building with central heating which
must be maintained in a safe,clean and sanitary
' condition. Said buildings shall be adequately
lighted during all hours of darkness and shall
contain laundry washers, dryers and drying areas,
in addition to public toilets and lavatory. Each
' trailer park shall have a building for the use of the
operator distinctly marked "office" and such
marking shall be illuminated during all hours of
' darkness. An illuminated map of the park shall be
displayed at the office.
' (Q) An adult caretaker must be on duty at all times in
the trailer park. The operator of every park shall
maintain a register in the office of the park
indicating the name and address of the owner and
occupants of each trailer,the license number of
each trailer and automobile of each occupant,and
the date of arrival and departure of each trailer.
The corners of each trailer lot shall be clearly
marked and each lot shall be numbered. The
grounds of the park shall be adequately lighted
from sunset to sunrise.
(R) Each lot shall abut or face a driveway or clear
unoccupied space of not less than sixteen(16)feet
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
in width,which shall have unobstructed access to
the internal park road system.
(S) Lots shall be designed to allow an open space of at
least fifty(50)feet between each vehicle or tent
and at least thirty(30)feet between the vehicle or
tent and the front lot line abutting the interior park
road system.
(T) Each lot shall have two hundred(200)square feet I
of off-street parking space,or as approved by the
Zoning Administrator,and two(2)automobiles.
No parking spaces shall be closer than ten(10)feet
to any side yard lot line.
(U) Each lot,or pair of lots,shall contain adequate ,
containers to store,collect and dispose of refuse
and garbage so as to create no health hazards,
rodent damage, insect breeding,accident or
hazardous fire areas,or air pollution. Each lot,or
pair of lots, shall have such an insect proof,water
tight,rodent proof refuse contained on the lot(s). I
(V) Each lot shall be no further than four hundred
(400)feet from the nearest, readily available
111
drinking water supply.
(W) All recreation vehicle and trailer park projects
shall be equipped with at least one(1)central
toilet,bathing and laundry building,which meets
or exceeds the requirements of the Minnesota
Department of Health,except that in primitive tent
camping areas,only toilet facilities shall be
required as per the Minnesota Department of
Health.
(X) Outdoor cooking or burning shall be confined to
fireplaces,pits,grills or stoves which shall be
permanently affixed to a designated location on
each lot as per the site plan. Each permanent
cooking or burning facility shall be placed on the
lot so as to minimize fire hazards and smoke
nuisance.
The purpose of this section is to 2.34 Warehousing and Distribution
establish regulations for
warehousing ad distribution (1) Required Permits. A certificate of compliance is required I
facilities. for warehousing and distribution facilities in the
Commercial/Industrial-Rural(CI-R)and the
Commercial/Industrial-Urban(CI-U)districts. I
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Warehousing and Distribution is a
I use engaged in storage, wholesale, (2) Other Requirements. Warehousing and distribution
and distribution of manufactured facilities must comply with all rules and regulations of
products, supplies, and equipment, Federal, State,County and local agencies.
but excluding bulk storage of
Imaterials that are flammable or (3) Performance Standards. Warehousing and distribution
explosive or that create hazardous facilities must comply with the following standards:
or commonly recognized offensive
I conditions. (A) Exterior Storage is permitted as an accessory use
to the permitted use provided it meets the
following standards:
I
1. The exterior storage area must be located
the rear of the building.
Ito
2. The exterior storage area must be fenced
and screened from view of Federal, State,
ICounty Roadways and all property lines.
(B) The warehousing and distribution facility may
I contain a retail sales room provided it meets the
following standards:
I 1. The retail sales is limited to those products
which are stored and distributed by the
warehousing and distribution use.
1 2. The retail sales use shall not occupy more
than twenty(20)percent of the
warehousing and distribution facility.
I
(C) All loading and unloading areas to the facility
shall be screened from view of Federal, State and
ICounty highways.
The purpose of this section is to: 2.35 Wireless Communication Antennas and Towers
IAccommodate the (1) Required Permits. The construction of a new tower in
communication needs of residents excess of 35 feet or the addition of a new antenna on an
I and businesses while protecting existing tower or building may be allowed following the
public health and safety; issuance of a certificate of compliance or a conditional use
permit if conditions contained in this ordinance are met.
I Minimize adverse visual
effects of towers through careful (2) Nonconformities. Any existing tower which becomes non-
design and siting standards; conforming as a result of this ordinance may continue its
I
Avoid potential damage to use and additional antennas may be attached to the tower
structure. If the tower needs to be replaced, it may be
adjacent properties from tower permitted with a certificate of compliance so long as it is
failure through structural standards of the same type(guyed, self-support or monopole), same
and setback requirements; height, same marking(lighting and painting)and it will be
I
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Washington CountyZonin Ordinance•Chapter Four•Performance Standards _ __
located within ten(10) I
feet of the tower to be replaced.
Maximize the use of existing The only permitted reasons for replacement of an existing,
and approved towers and buildings nonconforming tower will be to increase the number of
I
to accommodate new wireless antennas or to preserve the structural integrity of the
telecommunication antennas to structure. If a tower requires replacement for any other
reduce the number of towers needed reasons, such replacement tower would need to meet all of
to serve the community. the standards of this ordinance.
Antenna: That portion of (3) Exception. In any district,a proposed tower 200 feet high
111
any equipment used to radiate or or less located within the easement of overhead high
receive radio frequency energy for voltage transmission lines with towers 75 feet in height or
transmitting or receiving radio or higher or within 50 feet of such transmission line easement
television waves. Antennas may on the same side of the road will not be required to meet
consist of metal, carbon fibre, or the standards of Part 10)b.through g. of this Section,but
other electromagnetically will be required to meet all other standards.
I
conductive rods or elements.
This exception does not apply in the St. Croix River and
High power transmission Shoreland Overlay Districts.
I
line: A 69 kV or greater electric
transmission line with towers a (4) Modification.
minimum of 75 feet in height.
(A) A modification to any requirement of this
I
Platted land: Lands with ordinance may be sought by the applicant and
legal descriptions described as lot, heard by the Board of Adjustment&Appeals in
block,plat name. accordance with the procedures,but not the
I
standards,set forth in Section 503 of the
Structure: Something built Washington County Zoning Ordinance.
or constructed.
(B) The criteria for granting a modification under this
Tower: Any pole, spire, section of the ordinance shall be: presentation of
structure, or combination thereof engineering data demonstrates that personal I including supporting lines, cables, wireless services cannot be provided by the
wires, braces, and masts, intended applicant to a specific area of Washington County
primarily for the purpose of without the modification.
I
mounting an antenna, or to serve as
an antenna. (5) Term of Permit and Revocation.
Tower Accessory structure: (A) Towers are permitted with either a conditional use I
A structure located at the base of permit or certificate of compliance. The certificate
the tower housing base receiving/ of compliance or conditional use permit shall
transmitting equipment. remain in effect so long as the conditions
contained in the certificate or permit are met.
(B) The grounds for revocation of a certificate of
I
compliance or conditional use permit shall be
based on a finding that:
1. The permittee has failed to comply with I
conditions of approval imposed;or
1
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2. The facility has not been properly
Imaintained;or
3. The facility is no longer in use and has not
I
been in use for the previous 12 months.
(6) Other Requirements.
I (A) All rules and regulations of the FCC and FAA
must be met and complied with.
I (B) In the event of revocation of a permit,the tower
and all accessory structures must be removed and
the site restored to its original condition within
I 120 days. Failure to do so will result in the
County completing the removal and site
restoration and the County's cost shall be assessed
I against the property and collected as a real estate
tax.
I (7) Districts. Antennas and towers are regulated differently
depending on the zoning district in which the property is
located. The following are the standards in each district:
IAgricultural Districts (A) Agricultural(AP,A-1,A-2,A-4) Districts.
1. The following are permitted with a
ICertificate of Compliance:
(a) Antennas attached to an existing
I structure or tower and not
extending more than 15 feet above
the highest point of the structure
Ior tower.
(b) A tower within the easement of a
I high power overhead transmission
line or within 50 feet of the
easement on the same side of a
I road to a maximum height of 200
feet.
I 2. The following are permitted with a
Conditional Use Permit:
I (a) A free standing communication
tower not exceeding 300 feet in
height.
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards -
(b) Communication antenna attached
to an existing structure or tower
exceeding 15 feet above the
111
highest point of the structure or
tower up to a maximum height of
300 feet.
Single Family Estate and Rural (B) Single Family Estate(SFE)and Rural Residential
Residential Districts (RR)Districts.
1. The following are permitted with a
Certificate of Compliance:
(a) Antennas attached to an existing
structure or tower and not
extending more than 15 feet above I
the highest point of the structure
or tower.
(b) A tower within the easement of a
high power overhead transmission
line or within 50 feet of the
transmission line easement on the
same side of a road to a maximum
height of 200 feet. '
2. The following are permitted with a
Conditional Use Permit: I
(a) A free standing communication
tower not exceeding 150 feet in
height.
(b) Communication antenna attached
111
to an existing structure or tower
exceeding 15 feet above the
highest point of the structure or
tower up to 150 feet.
Residential Suburban Districts (C) Residential Suburban(RS)District.
1. The following are permitted with a ,
Certificate of Compliance:
(a) Antennas attached to an existing
structure or tower and not
extending more than 15 feet above I
the highest point of the structure
or tower;
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MWashington County Zoning Ordinance•Chapter Four•Performance Standards
b A tower within the easement of a
I high power overhead transmission
line or within 50 feet of the
easement on the same side of a
road to a maximum height of 200
1 feet.
2. The following are permitted with a
IConditional Use Permit:
(a) A free standing communication
I tower not exceeding 75 feet in
height.
I (b) Communication antenna attached
to an existing structure or tower
exceeding 15 feet above the
highest point of the structure or
I tower to a maximum height of 75
feet.
ICommercial Industrial-Rural and (D) Commercial Industrial-Rural(CI-R)and
Commercial Industrial-Urban Commercial Industrial-Urban(CI-U)Districts.
I Districts
1. The following are permitted with a
Certificate of Compliance:
I (a) Antennas attached to an existing
structure or tower and not
extending more than 15 feet above
1 the highest point of the structure
or tower.
I (b) A free standing tower up to 150
feet in height.
I (c) A tower within the easement of a
high power overhead transmission
line or within 50 feet of the
I transmission line easement on the
same side of a road up to a
maximum height of 200 feet.
I2. The following are permitted with a
Conditional Use Permit:
I (a) A free standing tower in excess of
150 feet in height to a maximum
height of 300 feet.
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Washington CountyZoning-Ordinance•Chapter p Four•Performance Standards
Prohibitions (8) Prohibitions
(A) No tower shall be over 300 feet in height or within
one mile of another tower regardless of municipal
boundaries.
(B) A proposal for a new wireless service tower shall
not be approved unless it can be shown by the
applicant that the telecommunication equipment
planned for the proposed tower cannot be
accommodated:
1. on an existing tower;or '
2. on a tower that has been permitted by
Washington County(even though it may
111
not yet be constructed); or
3. on a tower whose application for a '
certificate of compliance or conditional
use permit is currently pending before
Washington County. I
(C) No tower over 35 feet in height shall be located
within 500 feet of any residential dwelling other
than the dwelling on the parcel on which the tower
is to be located.
(D) No tower over 35 feet in height shall be located
closer than one-quarter(1/4)mile to the outside
boundary of an existing or proposed county park
identified in the Washington County Park Master
Plan or a boundary of a state park.
(E) No tower over 35 feet shall be erected within one- 1
quarter(1/4)mile from the centerline of State
Highways 95 and 96 and County Roads 4, 15,and
21, unless it can be demonstrated through visual
impact demonstration that the tower will be
visually inconspicuous as viewed from the road on
a year-round basis. '
(F) No tower over 35 feet shall be erected within one-
quarter(1/4)mile of the Saint Croix River or
within one-quarter(1/4)mile of a DNR protected
lake or river.
(G) No tower over 35 feet shall be erected on any I
property platted for residential purposes.
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Washington CountyZonin Ordinance•Chapter Four•Performance Standards
(H) No temporary mobile cell sites are permitted
' except in the case of equipment failure, equipment
testing, or in the case of an emergency situation as
authorized by the County Sheriff. Use of
' temporary mobile cell sites for testing purposes
shall be limited to twenty-four(24)hours; use of
temporary mobile cell sites for equipment failure
or in the case of emergency situations shall be
' limited to a term of thirty(30)days. These limits
can be extended by the Zoning Administrator.
(I) Permanent platforms or structures,exclusive of
antennas,other than those necessary for safety
purposes or for tower maintenance are prohibited.
(J) No antenna or tower shall have lights,reflectors,
flashers,daytime strobes, steady night time red
' lights or other illuminating devices affixed or
attached to it unless required by the FAA or FCC.
' (K) No advertising or identification signs shall be
placed on towers or antennas.
Performance Standards (9) Performance Standards.
' (A) On a vacantparcel of land zoned for agricultural
Sri
or residential purposes,the minimum lot size for
construction of a tower over 35 feet in height shall
be five acres. On a vacant parcel of land zoned for
commercial/industrial purposes,the minimum lot
size is two and one-half acres. On a parcel of land
on which a principal use exists,a tower shall be
considered an accessory use and a smaller parcel
' of land may be leased provided all standards
contained in this ordinance can be met.
' (B) Towers located closer to a property line than a
distance equal to the height of the tower shall be
designed and engineered to collapse progressively
' within the distance between the tower and property
line. The application for any tower shall submit
written documentation explaining tower
' construction and possible failure and provide
assurance that blowing or falling ice can be
contained on the subject property. At a minimum,
the tower shall comply with the minimum setback
requirement of the zone in which it is located.
' (C) A tower shall be located on a parcel of land so as
to have the least impact on adjoining properties
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Washington County ZoninOrdinance•Chapter Four•-Performance Standards -
and any negative impacts of the tower shall be
confined as much as possible to the property on
which the tower is located. '
(D) The tower location shall provide the maximum
amount of screening for off-site views of the 111facility. The Zoning Administrator reserves the
right to require creative design measures to
camouflage facilities by integrating them with
existing buildings and among other existing uses.
Existing on-site vegetation shall be preserved to
-the-maximum extent practicable.
(E) The height of a tower shall allow for the co-
location of additional antennas as follows:
1. Structures from 100 to 125 feet-a total of
two tenants
2. Structures from 125 to 200 feet-a total of
three tenants
3. Structures above 200 feet but less than 300
feet-a minimum of four(4)tenants
The plan shall be approved by a registered
professional engineer.
(F) Structural design, mounting and installation of the
antenna and tower shall be in compliance with
manufacturers specifications. The plans shall be
approved and certified by a registered professional
engineer.
(G) In general, self-supporting towers(ie.those ,
without the use of wires,cables,beams or other
means)are preferred. The use of a guyed tower is
permitted for new tower construction if there is an
aesthetic and/or antenna supporting capability
advantage. Anchors for the guyed wires must
meet underlying setback requirements.
(H) Associated base equipment must be located within
a structure. The base of the tower and any
111
accessory structures shall be landscaped where
practical. Tower accessory structures shall be
constructed of materials designed to minimize 1
visibility to the neighborhood.
1
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Washington CountyZoning Ordinance•Chapter Four•Performance Standards ----
' I The tower shall be a color demonstrated to
minimize visibility unless otherwise required by
FAA regulations.
(J) Metal towers shall be constructed of, or treated
with,corrosive resistant material.
(K) If space is available on a tower,the tower owners
' shall, in good faith, lease space to other users so
long as there is no disruption in the existing
service provided by the towers's existing users or
' no negative structural impact upon the tower. If a
dispute arises,and as a condition to any permit or
certificate of compliance,Washington County,at
' its discretion,reserves the right to act as arbiter in
determining if a tower owner is acting in good
faith in leasing to other tenants.
' (L) Generally,only one communication tower is
permitted on a parcel of land. If in the opinion of
the Planning Advisory Commission,a particular
parcel is well suited for more than one
communication tower,and the tower is proposed
' within 100 feet of the other tower,the additional
tower may be allowed following the issuance of a
conditional use permit. All other standards
contained in this ordinance must be met.
' (M) All towers shall be reasonably protected against
unauthorized climbing. The bottom of the tower
' from ground level to 12 feet above ground shall be
designed in a manner to preclude unauthorized
climbing or shall be enclosed by a six(6)feet high
' chain link fence with a locked gate.
(N) Antenna and tower owners shall be required to
' conduct an annual inspection of their facilities to
insure continuing compliance with this ordinance.
A copy of the annual inspection report shall be
' provided to the Zoning Administrator.
Applications for New Towers (10) Application-New Tower.
r (A) In addition to the submittal requirements required
elsewhere in this ordinance,applications for
conditional use permits or certificates of
compliance for new towers and antennas shall be
accompanied by the following information:
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Washington Countyzoning Ordinance•Chapter Four•Performance Standards
1. A report from a qualified and licensed
professional engineer which:
(a) describes the tower height and
design including a cross section
and elevation;
•
(b) certifies the tower's compliance
with structural and electrical
standards;
(c) describes the tower's capacity,
including the potential number
and type of antennas that it can
accommodate;
(d) describes the lighting to be placed
on the tower if such lighting is
required by the FCC or FAA; 1
(e) describes that the applicant will
avoid causing destructive 1
interference to co-located,
previously established public
safety communications;
(f) specifies the distance to any DNR
protected lake or river,the St.
Croix River,a scenic road
designated in part 10)e, and any
boundary of a state or county
park.
2. Each application shall include a five year
facility plan. The County will maintain an
inventory of all existing and proposed cell
site installations and all carriers shall
provide the following information in each
five year plan. The plan must be updated
with each submittal as necessary:
(a) Written type description of of
P
consumer services each
company/carrier will provide to its
customers over the next five years
(Cellular,Personal
Communication Services, I
Specialized Mobile Radio,Paging
Private Radio or other anticipated
communications technology). '
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(b) Provide a list of all existing sites,
existing sites to be upgraded or
replaced and proposed cell sites
within the County for these
services by the company.
(c) Provide a presentation size map of
the County which shows the five
year plan for cell sites,or if
individual properties are not
known,the geographic service
areas of the cell sites.
' Information provided as part of the five
year facility plan that is a trade secret
pursuant to MN Stat. 13.37 shall be
' classified as non-public data.
3. Written acknowledgment by the
' landowner that he/she will abide by all
applicable conditional use permit or
certificate of compliance conditions.
' 4. The Zoning Administrator may,at its
discretion,require visual impact
' demonstrations including mock-ups and/or
photo montages; screening and painting
plans;network maps; alternative site
' analysis; lists of other nearby
telecommunication facilities;or facility
design alternatives for the proposed tower.
' 5. The Department of Health,Environment
and Land Management is explicitly
authorized to employ on behalf of the
County,an independent technical expert to
review technical materials submitted by
the applicant or to prepare any technical
' materials required but not submitted by the
applicant. The applicant shall pay the
costs of said review and/or independent
analysis. Any proprietary information
disclosed to the County expert hired shall
remain non-public and subject to the terms
' and conditions of a properly executed non-
disclosure agreement.
Applications for New Antennas on
Existing Towers (11) Application-Existing Tower/New Antenna. In the event
that an application is only to add a new antenna to an
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
existing tower or structure,the requirements as delineated
under Part(12) 1. (f),and 2. shall not apply.
The purpose of this section is to 2.36 Yard Waste Facilities
regulate yard waste facilities in
order to protect the County's (1) Required Permits. Yard waste facilities,public and
valuable ground and surface water, private,are allowed with a conditional use permit in the
resources. Agricultural districts(AP,A-1,A-2,A-4),Rural
Residential(RR),Commercial Industrial -Rural(CI-R)
A yard waste facility is defined as and the Commercial Industrial-Urban(CI-U)districts.
any site used for the composting of
garden waste, leaves, lawn cuttings, (2) Other Requirements. The yard waste facility must comply
weeds, shrub and tree waste and with all rules and regulations of Federal, State,County and
prunings generated off site. Yard local agencies.
wastes generated on site and used
on the same site are not included in (3) Performance Standards. A yard waste facility must
this definition. comply with all of the following standards:
(A) The minimum lot area required for yard waste '
facilities is ten(10)acres.
(B) Composting, storage,transfer, loading and ,
processing activities must be setback as follows:
1. Property lines 100'
2. Existing Residential uses not on the
property 500'
3. DNR protected watercourse 200'
4. Wetland 75'
(C) The yard waste facility must be screened from
view from all adjacent properties and roadways.
(D) Access to the site shall be controlled to prevent
unauthorized dumping during non-business hours.
(E) A plan for collection,retention and drainage of
storm water shall be provided for review and
approval. On-site drainage shall be directed to a
constructed stormwater holding pond prior to any
drainage leaving site. The stormwater holding
pond shall be located a minimum of 75' from the
composting storage area. The runoff directed
towards this pond shall be filtered through a 75'
wide vegetated buffer.
(F) The operator shall provide sufficient equipment on
site to properly manage the composting process.
At a minimum this shall include a front end loader
or similar machinery for loading, unloading,
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I
turning,and aeration operations; a shredder for
reducing new material to a smaller particle size for
faster decomposition; a source of water or
watering trucks; and a screen to improve the
quality and marketability of the final product.
The operator shall provide plans showing all
equipment maintenance and storage areas. Plans
' shall show the location of all fuel storage facilities,
hazardous material storage and hazardous waste
disposal.
' (G) The materials which can be processed is limited to
garden waste, leaves, lawn cuttings,weeds, shrub
' and tree waste and prunings.
(H) The decomposition process shall be properly
managed and maintained in an aerobic condition to
prevent all unnecessary odors. The yard waste
must be decomposed through a process which
' encompasses turning of the yard waste on a
periodic basis to aerate the yard waste,maintain
temperatures,and reduce pathogens. The
composted yard waste must contain no sharp
objects greater than one inch in diameter.
(I) The operator shall provide information specifying
the volume of waste brought onto the property for
composting.
(J) The facility shall operate only between the hours
of 7:00 am and 7:00 PM,Monday through Friday,
unless other hours or days of operation are
' specifically authorized by the local governing
body. Retail sales are allowed on Saturdays
between the hours of 8:00 am and 5:00 PM unless
otherwise prohibited by the local governing body.
Retail sales for purposes of this section shall mean
the sale of product to individuals for personal use
and shall exclude commercial hauling. The
County shall be notified in writing when the
township varies the hours.
(K) Treated yard wastes shall not be allowed to
accumulate for longer than three years before
' being finished and removed from the site.
Compost which can not be marketed shall be
removed from the site a minimum of once per
' week.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
By-products, including residuals and recyclables,
r
must be stored in a manner that prevents vector
problems and aesthetic degradation. Materials that
are not composted must be stored and removed a
minimum of once per week.
. (L) The owner shall maintain the site so that it is free I
of litter and other nuisances.
(M) An attendant must be on site during operating I
hours.
(4) Prohibitions. The open burning and/or burying of waste is 111
prohibited.
SECTION 3. OVERLAY DISTRICTS
1
The Airport Overlay District 3.1 Airport Overlay District
1
establishes regulations to control
the type and extent of land (1) Applicability. The airport zoning district applies to private
development adjacent to and near or publicly owned and operated airfields and adjacent
the airfields so as not to impede areas. The specific regulations in this district are in
present or future air operations of addition to,rather than in lieu of,regulations imposed by
I
public benefit and to protect the any other zoning classification for the same land.
public from hazards, air traffic
noise and other disturbance. The (2) Airport Zones. The following zones are hereby
I
district limits the development and established:
future construction to a reasonable
height and use so as not to (A) Qualified Land Use Zone. Uses shall not be I constitute a hazard for planes permitted within this zone which might result in an
operating from the airfields. assembly of persons;manufacturing or storage of
materials which explode on contact; and the I storage of flammable liquid above ground. Land
uses allowed include those primary uses,accessory
Fan-Shaped 2 Mile Area Starting at End of Runway uses,uses permitted with a certificate of
compliance and uses permitted with a conditional
End of Runway
use permit in the underlying zoning district.
Prohibited uses shall include educational,
Zone for protection of 6,000 feet
Aircraft and Persons minimum institutional,amusement and recreation. No use
on the Ground
may be permitted in such a manner as to create
At le\ electrical interference with radio communications
--(2)miles~ between airport and aircraft,make it difficult for
Planned View of Qualified Land Use Zone pilots to distinguish between airport and other
lights,result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of theI
airport or otherwise endanger the landing,take-off
or maneuvering of aircraft.
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
I
(B) Airport Zoning. Except as otherwise provided in
I this Ordinance, and except as required necessary
and incidental to airport operations or
recommended by or in accordance with the rules
of the Federal Aviation Agency,no structure shall
I be constructed,altered or maintained,and no trees
shall be allowed to grow so as to project above the
landing area or any of the airport's referenced
Iimaginary surfaces described below:
1. Horizontal Surface-a circular plane,one
I hundred fifty(150)feet above the
established airport elevation,with a radius
from the airport reference point of five
Ithousand(5,000)feet.
2. Conical Surface-a surface extending from
I the periphery of the horizontal surface
outward and upward at a slope of twenty
to one(20 to 1)for the horizontal distance
I of seven thousand(7,000)feet and to the
elevation above the airport elevation of
five hundred(500)feet.
I3. Primary Surface-a surface longitudinally
centered on a runway and extending in
length two hundred(200)feet beyond each
I
end of the runway. The elevation of any
point on the longitudinal profile of a
primary surface, including extensions,
I coincides with the elevation of the
centerline of the runway,or the extension,
as appropriate. The width of a primary
Isurface is two hundred fifty(250)feet.
4. Approach Surface-a surface
I longitudinally centered on the extended
centerline of the runway,beginning at the
end of the primary surface,with slopes
Iand dimensions as follows:
(a) The surface begins two hundred
I fifty(250)feet wide at the end of
the primary surface and extends
outward and upward at a slope of
twenty to one(20 to 1),expanding
I
to a width of two thousand two
hundred fifty(2,250)feet at a
horizontal distance ten thousand
I (10,000)feet.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards I.
I
(C) Airport Landing Area,Approach Area, Width,
Slope,Horizontal Surface and Conical Surface- I
1. Approach Surface Plan View
T T I
Runway 250 feet ..---10,000 feet ---.
2,280 featI I
200 bet
I
2. Approach pp ch Surface Elevation: All height
limitations are computed from the
established airport elevation.
I
Line of Maximum Building Heigh T
600 feet
Slope 20:1 1
Runway
—.I�--10,000 feet --rl
200 feet
The Railroad Overlay District 3.2 Railroad Overlay District I
establishes regulations for railroad
operations which utilize tracks in (1) Land Uses within the Railroad Overlay District.
the unincorporated portion of the I
County. For the purpose of this (A) Uses with a Conditional Use Permit. Railroad
section, railroad operations shall operations are permitted in the "RO"District after
include those railroad activities the issuance of a Conditional Use Permit.
which are not preempted from local
land use controls by operation of 1. The conditional use permit is made to the
State or Federal law. operator of the railroad. If the operator is
not the owner of the railroad track,the use
of the track must be approved by the
I
owner. Each operator of a railroad
operation subject to this ordinance must
obtain a conditional use permit in order to
utilize a section of track. The application111
for a conditional use permit shall address
the specific ways the applicant intends to
ensure compliance with the standards
I
contained in this ordinance
2. Conditional use permit applications for
railroad operations shall be referred to the
Federal Railroad Administration and the
Minnesota Department of Transportation
I
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
for comment prior to the hearing. A
I conditional use permit may not be issued if
any of these referral agencies indicates in
writing that the proposed operation is not
in compliance with standards which they
Ienforce.
(2) Performance Standards. The development and use of lands
I within this district shall comply with the following
standards:
I (A) Operations.
1. The hours the railroad operation operates
Ishall be restricted to the following:
(a) Railroad operations other than
I specified in 2)and 3)below;
10:00 a.m.to 10:00 p.m.Monday
through Saturday,and 10:00 a.m.
4:00 p.m. on Sunday.
Ito
(b) Track or right-of-way
I maintenance; 8:00 a.m.to 5:00
p.m. Monday through Friday,and
9:00 a.m.to 12:00 p.m.on
Saturday.
I (c) Additional hours of light-duty
maintenance may be allowed as
I specified in the conditional use
permit.
I (d) Emergency maintenance of tracks
or equipment may be conducted
outside the hours specified in 2)
I and 3) in this section. The Zoning
Administrator shall be notified
within 48 hours following the
performance of emergency
maintenance performed under this
section.
I
2. Dieseling or idling of locomotive engines
shall be allowed only in conjunction with
I required warm up and maintenance
operations,and when performing
switching or passing maneuvers.
Dieseling or idling may not be used as a
Imethod of keeping an engine warm
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
between operations. The applicant shall
specify in the conditional use permit
application the kinds of requirements for
dieseling or idling necessary for the
equipment to be utilized.
3. Sidings on land with an underlying zone
that is not commercial or industrial shall
be utilized only to allow passing
maneuvers.
4. Engineers shall be licensed by the Federal
Railroad Administration,and shall be
additionally qualified according to a
training program designed for the track
and equipment to be utilized.
5. Direct two-way radio communications,or
other non-intrusive signal methods,shall
be utilized in lieu of whistling for
communicating maneuvering operations to
the railroad crew when such
communications are not in conflict with
the minimum safety and track standards
contained in Chapter 4, Section 3.2(2)(D). I
6. A maximum of nine round trips per week
during the months of November through
August,and a maximum of 13 round trips
per week during the months of September
and October may be conducted on the
same section of track. During the months
of November through August no more
than two of the allowed weekly trips may
be on Sunday or four on any other day.
During the months of September and
October no more than four of the allowed
trips may be conducted on any one day.
These restrictions on the number of trips
applies regardless of the number of
railroad operations that utilize a specific
track. For the purpose of this section,a
trip shall mean the movement of rolling
stock,except motorized track inspection
cars used for track or right-of-way
maintenance,over any portion of track
subject to this ordinance. One additional
round trip per day may be allowed to move
rolling stock between storage and
passenger boarding areas, so long as the
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
storage and passenger boarding areas are
in conformance with Chapter 4, Section
1 3.2(2)(B)&(C), and passengers are not
carried.
7. Noise from railroad operations shall not
exceed those standards as provided for in
Minnesota Statutes Chapter 116.07,as
administered by the Minnesota Pollution
Control Agency.
8. No direct discharge of sewage or gray
water onto the track or right-of-way is
allowed.
' 9. Food service operations aboard a railroad
shall be conducted in accordance with the
Washington County Food Protection
Ordinances.
10. Where train tracks cross public
recreational uses, such as hiking or
equestrian trails,the conditional use
permit application shall specify measures
to promote safety and efficiency at the
crossing.
11. Wastes. Solid or hazardous waste
generated as a part of railroad operations,
including but not limited to track,right-of-
way and equipment maintenance shall be
managed in accordance with the
Washington County Solid Waste
Management Ordinance and the
Washington County Hazardous Waste
Management Ordinance.
S (B) The storage, and non-emergency maintenance of
rolling stock shall be allowed only in railroad
overlay zones on land with an underlying zone of
commercial or industrial. In cases where existing
storage is located outside of commercial or
industrial zone districts,a maximum of one year
following the issuance of a conditional use permit
may be allowed to transfer that use to a
commercial or industrial zone district.
(C) Railroad stations or passenger boarding areas may
be allowed only in railroad overlay zones on land
with an underlying commercial zone.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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(D) Minimum safety and track standards shall be those
applicable standards of the Federal Railroad I
Administration,and Minnesota Statutes Chapter
219 as administered by the Minnesota Department
of Transportation. I
(E) Herbicide spraying to control vegetation along the
right-of-way,where performed,shall be in
conformance with standards published by the
Minnesota Department of Agriculture pursuant to
Minnesota Statutes Chapter 18B,and product
manufacturer's label.
(F) Lighting attached to moving trains,other than that
required by the Federal Railroad Administration or
the Minnesota Department of Transportation for
safety reasons,shall be shielded to prevent glare,
shall be mounted no higher than four(4)feet
above the track,and shall be directed downward at
a minimum of 45 degrees from the horizontal.
Maximum wattage may be regulated in the
conditional use permit.
(G) All equipment shall be maintained in a state of
repair which minimizes smoke or exhaust
emissions. The conditional use permit application
shall specify mitigation measures to be
implemented. Mitigation measures which may be
required include the use of clean burning coal,and
specialized boiler firing techniques for steam
locomotives.
(H) Railroad operations must prepare and file an
annual report in order to maintain a conditional
use permit. The annual report must be submitted
to the Zoning Administrator specifying the number
of trips made during the previous year,the
maximum number of trips made in any one day,
the number of passengers carried,the number and
type of rolling stock deployed,compliance with
insurance requirements,engineer qualifications
and other information the Zoning Administrator
may require. Fees for the annual report review
shall be those established by the Board of County
Commissioners.
(I) Additional performance standards may be added to
the conditional use permit if the Planning
Advisory Commission finds that they are I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
Inecessary to protect the public health, safety or
welfare.
(J) Liability insurance, in the minimum amount of
$1,000,000 per occurrence and$1,000,000
111
aggregate shall be maintained as a requirement of
the conditional use permit.
I The Scenic Road Overlay District 3.3 Scenic Road Overlay District
implements the Washington County
Comprehensive plan by regulating (1) Applicability. The standards contained in this Section are
land use along roads which have applied in addition to other standards contained in this
significant scenic and/or historic ordinance. The standards of this ordinance apply to non-
value. This district attempts to governmental properties which have frontage on a Scenic
preserve the rural character, open Road as shown on the official zoning map. The following
space and scenic views along these roads have been designated as scenic roads:
roads.
(A) Trunk Highway(TH)95 along the St. Croix River
(B) CSAH 3 from the northern county border to CSAH
4
(C) County Road(CR) 55 from CSAH 4 to TH 96 in
I Stillwater and May Townships
(D) CSAH 21 south of Interstate 94
I (E) CSAH 7 from Marine on St. Croix to CR 55 in
May Township
I (F) CR 51 from CSAH 7 to TH 95
(G) TH 96 from Manning east to TH 95
', (H) United States Federal Highway(US) 10 from US
61 east to the St.Croix River
I (I) CSAH 4 from Marine on St. Croix to CSAH 15
I (J) CR 52 from TH 95 to CSAH 3
(K) CR 75
I (L) Manning Avenue(CSAH 15)from US 61 to TH
97
I (M) TH 97 east of Manning Avenue(CSAH 15)to TH
95
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(N) CR 50 west of Manning AvenueCSAH 15)to
61 Avenue(
TH
(0) CSAH 20 from TH 95 to CSAH 21
(P) CSAH 1 from TH 97 north to County border I
(2) Land Uses in the Scenic Road Overlay District.
(A) Primary uses are limited to those permitted in the
underlying zoning district.
(B) Accessory uses are limited to those permitted in
the underlying zoning district.
(C) Uses permitted with a certificate of compliance are
limited to those uses permitted with a certificate of
compliance in the underlying zoning district.
(D) Uses permitted with a conditional use permit are
limited to those uses permitted with a conditional
use permit in the underlying zoning district. I
(3) Performance Standards. The development and use of non-
governmental lands within this district shall comply with
the following standards:
(A) Setbacks. All structures shall be setback a
minimum of 150' from the centerline of the road.
(B) Grading.
1. There shall
be no grading within the
required building setback except for an
access driveway to an individual property
or for the construction of an approved
public road.
2. The siting and location of driveways shall
all
minimize grading,retain existing land
forms and the natural features of the land.
(C) There shall be no vegetative cutting of live trees or
shrubs within the required building setback,except
for an access driveway to an individual property or
for the construction of an approved public road,
without a certificate of compliance issued by the
Zoning Administrator.
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IWashington County Zoning Ordinance•Chapter Four•Performance Standards
I
1. Selective removal of natural vegetation
I shall be allowed,provided sufficient
vegetative cover remains to screen
vehicles,equipment,dwellings and other
structures when viewed from the road.
I2. No cutting or removal of trees over six(6)
inches in diameter measured at a point two
1 (2)feet above ground level within the
required building setback shall be
permitted unless the trees are dead or
1 diseased.
3. Natural vegetation shall be restored
I insofar as feasible after any construction
project is completed in order to retard
surface run off and soil erosion.
1 4. The provisions of this section shall not
apply to allowed uses which normally
I require the removal of natural vegetation
or to the removal of trees, limbs,or
branches that are dead,diseased or pose
I safety hazards.
(D) Off-street parking facilities for any commercial
use within a scenic road overlay district shall be
I either on the side of the building or to the rear of
the building.
I (E) Signs located within this district shall comply with
the provisions of Chapter 4, Section 1.9.
Advertising signs are prohibited in this district.
I (F) Exterior storage shall comply with the provisions
of Chapter 4, Section 1.4. The exterior storage
Ishall be screened from view of the scenic road.
(G) Fences,driveway monuments and similar
I structures may be constructed within the required
building setback provided they do not exceed a
height of four feet.
1 3.4 St Croix River Overlay District
I Properties and uses within this district are regulated in accordance
with Chapter 6 of this Development Code.
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-Washington County Zoning Ordinance•Chapter Four•Performance Standards
3.5 Shoreland Overlay District
Properties and uses within this district are regulated in accordance I
with Chapter 7 of this Development Code.
•
I
SECTION 4. OPEN SPACE DEVELOPMENT
I
4.1 Purpose and Scope
Sketch 1:Comparison p
"OSD"Development is established to encourage development of I
rural housing clusters that meet the following purposes:
'. ^� " ,.
--, / = ,.. ^'\ (1) Provide efficient use of the land while maintaining
M . contiguous blocks of economically viable agricultural land,
! ��;�� ...�%' mature woodlands,and open space, and preserving
1 historical features,scenic views,natural drainage systems
r- and other desirable features of the natural environment.
Conventional Subdivision
(2) Allow housing to be concentrated on sites that have low
agricultural potential and/or high natural housing appeal.
1210._4011111216
M (3) Create neighborhoods with direct access to open space,
�r.. distinct identities and sense of community. I
/-' Common ,..M
sway-• '
-' ? ' (4) To encourage innovation and promote flexibility,economy
,/ !" i' and creativity in residential development.
4 , A .,
(5) To provide commonly-owned open space areas for passive
Open Space Design Development and/or active recreational use by residents of the
development and,where specified,the larger community.
(6) To provide for a diversity of lot sizes,housing choices and 1
OSD Development is designed to building densities to accommodate a variety of age and
preserve open space and rural income groups.
character while creating compact
neighborhoods that have a strong (7) To preserve scenic views and elements of the County's
visual and physical access to the rural character by minimizing views of new development
open space. This method of from existing roads.
development uses the size and shape
of the open space as the central 4.2 Def nitions
organizing element, rearranging the
density on each parcel so that less (1) Community Garden: Land which is cultivated by the
land is cleared, graded, and turned residents of the development for the production of trees,
into driveways, streets, lawns and vegetables, fruits,flowers,herbs and grasses for the I
houses. residents' use or to be sold directly to consumers through
membership in the garden.
I
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iWashington County Zoning Ordinance•Chapter Four•Performance Standards
I (2) Conservation Easement: An interest in real property
created in a manner that imposes limitations or affirmative
obligations in regard to the use of property including the
retention,protection and maintenance of natural resources,
open space and agriculture.
I (3) Cultural Resource: The historic and archeological
characteristics of the land, including buildings and
landscapes,which provide information regarding the
Ihistory of Washington County and its people.
I (4) Historic Building and Structure: A structure which has
been identified by the Washington County History
Network inventory or the State Historic Preservation
I Office as having public value due to their notable
architectural features relating to the cultural heritage of the
County.
1 (5) Homeowners Association:A formally constituted non-
profit association or corporation made up of the property
I owners and/or residents of the development for the
purpose of owning,operating and maintaining the common
open space and facilities.
1 (6) Neighborhood: An area containing a contiguous group of
residential lots where people live in close proximity to one
another.
I (7) Open Space: Land used for agriculture,natural habitat
pedestrian corridors and/or recreational purposes,that is
I undivided and permanently protected from future
development.
I Open Space Development:A (8) Open Space Development: A grouping of residential
grouping of residential structures structures on smaller lots than allowed in the specific
on smaller lots than allowed in the zoning district, leaving some land dedicated as open space.
I specific zoning district, leaving
some land dedicated as open space. (9) Perimeter Road: A road lying outside of and abutting the
development parcel.
I (10) Plant Community: A grouping of plants with common
environmental requirements living within the landscape,
i.e.,wetlands, grasslands,boreal forests.
(11) Protective or Restrictive Covenant: A contract entered
into between private parties which constitutes a restriction
of the use of a particular parcel of property.
I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(12) Resource Inventory: A survey of the land's features
including it's natural resources, cultural resources, scenic
views and viewsheds,and physical characteristics. I
4.3 Applicability
OSD Development is permitted as a The OSD Development standards are an alternative set of I
conditional use in the Agricultural standards for residential development within the Agricultural(A-1,
(A-1, A-2,A-4), Residential(RR, A-2,A-4),Residential
(RR, SFE,RS),Conservancy(C), and
I
SFE, RS), Conservancy(C), and
Transition(TZ)zones. OSD Development shall be permitted with
Transition (TZ)zones a conditional use permit within these districts. The design
standards contained in this section are not applicable in the St.
The design standards contained in Croix River District and Shoreland Overlay Districts.
this section are not applicable in the
Shoreland Overlay District and the The regulations of this Ordinance are applicable only to open
St. Croix River District. space developments approved after the effective date of this
Ordinance.
The conditional use permit 4.4 Application
application must contain a resource111
inventory,yield plan, concept (1) A conditional use permit is required for an open space
subdivision plan,phasing plan and design development in the Agricultural(A-1,A-2,A-4),
general location map. Residential i
(RR, SFE,RS), Conservancy(C)and the
Transition(TZ)zones.
(2) A conditional use permit application shall be filed, in I
writing,with the Zoning Administrator in accordance with
Chapter 1, Section 10,Conditional Uses.
I
(3) In addition to the criteria stated in Chapter 1, Section 10.3
(2),the Planning Advisory Commission shall consider the
following:
(A) The open space development is designed to
preserve open space and the County's rural I
character while creating compact residential
neighborhoods.
(B) The open space development is designed in
accordance with the standards of this Ordinance.
(C) The open space development supports the goals
and policies of the County's Comprehensive Plan.
(4) In addition to those submittal requirements stated in I
Chapter 1, Section 10,the following items shall be
submitted as part of the conditional use permit application 1
for open space development:
II
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iWashington County Zoning Ordinance•Chapter Four•Performance Standards _
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IResource Inventory (A) Resource Inventory
The plan for an Open Space Design Development
sketch s: shall include a resource inventory,to include the
• 'N Resource Inventory and Site Analysis
following,mapped at a scale of no less than one
.,4 t, inch . 100 feet.
W.e� i'
= '� 1. Topographic contours at 10-foot intervals,
t. IDE44.
,,:.;.„.....,,.;;;W.-- Heblb',.. •
showing rock outcrops and slopes of more
/; ' eft t
414,1P. than 15 percent.
-� 2. Soil type locations and identification of
ley'' ____ q soil type characteristics such as
....11. -5,...:- agricultural capability,depth to bedrock,
RNN eMwee
and suitability for wastewater disposal
systems.
lassist with this 3. Hydrologic characteristics, including
Resources to surface water bodies,floodplains,
inventory include the following: wetlands,natural swales and
Soil Conservation Service's drainageways.
Soil Survey for Washington County.
I
4. Vegetation of the site,according to
The Minnesota Geological
general cover type(pasture,woodland,
Survey's Geological Atlas for etc.),defining boundaries of woodland
Washington County. areas and stand-alone trees with a caliper
of more than 18 inches. Vegetative types
The Department of Natural shall be classified as generally deciduous,
1 Resources'County Biological coniferous or mixed and described by
Survey Map for Natural plant community,relative age and
Communities and Rare Species.
condition.
Washington County 5. Current land use and land cover
Surveyor's Aerial Photography. (cultivated areas,paved areas,etc.),all
buildings and structures on the land,and
all encumbrances, such as easements or
covenants.
16. Visual resources, showing views onto the
tract from surrounding roads and public
areas,as well as views within the tract.
t7. Cultural resources: brief description of
historic character of buildings and
structures,historically important
landscapes,and archeological features.
8. Context: general outlines of existing
buildings,land use,and natural features
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- Washington County Zoning Ordinance•Chapter Four•Performance Standards
such as water bodies or wooded areas, i
roads and property boundaries within 500
feet of the tract. This information may be
presented on an aerial photograph at a
scale of no less than 1 inch: 400 feet.
Yield Plan
(B) Yield Plan
1. The applicant shall submit a "yield plan,"
showing the maximum number of dwelling t
Sketch 3A units that would be permitted given the
Yield Plan
16`°"per "°"° minimum lot size and lot widths for
conventional subdivisions and other
,_ :<-. �. ;,_9 i_ requirements of the Development Code
,ry','^'"'"'.r./ .. .._12- 15 c. I /./...
- a
,—y_% 5 —�.. and subdivision ordinance. The yield plan
'_ 13 %„��/ = need not be engineered; however, it shall
i--s 8 a 2 be drawn to scale and it shall identifyall
Y --...... !' �"�'�b i ' the major physical features on the parcel.
Rim Shoreline :-.------- `.-+. 1
i
The minimum lot areas and width for each
zoning district are the following:
Zoning Minimum Lot Minimum Lot i
District Size(Acres) Width(Feet)
A-1 40 300
A-2 20 300
A-4 10 300
RR 5 300
SFE 2.5 160
TZ 10 300
RS 15,000 sq.ft. 100
C 20 300
111 Concept Subdivision Plan C
( ) Concept Subdivision Plan
1. One or more open space design plans
Sketch 39: meeting the intent of this Chapter and
Concept Subdivision Pb"' including at least the following
__-` 18 Lob(Including
40 Acres information:
Farmstead)
16 Lob r•2 Bonus Lob
, '-____, �� r .` (a) Open space areas indicating which: o m: r .--/ 9i�
;;;;w,lt'_®ftitice.: • --.•••.-=�A- areas are to be protected.
....;?F =' . '® 0'°�' (b) Boundaries of areas to be
"--,
-- '� - -"� rif
developed and proposed general I
Myer•^•�^• ' street and lot layout.
(c) Number and type of housing units
proposed.
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Washin_ on Coun Zonin. Ordinance•Chaster Four•Performance Standards
1 (d) Areas proposed for stormwater
Sketch 3C
Concept Subdivision Peen 2 management and on- or off-site
,B Units sewage treatment.
1
1 F.m°o.••'3 b Sam•18 Sew Lob
40 Acres
(e) Said plans shall be drawn at a
�.. � = 100'.
- , ,_ -1 , a scale of I"
-_-_ ,L CJJ�-FnmbnA .rr� z :_�- a nts in the
-.-7
A.; m. 2. For Open Space D velopme
Y °°mm°^°°""A°'"' ' 007 Transition Zone a"build-out plan"
showing the ultimate development of the
nw en.nr. entire parcel at urban densities is
�.Commo submitted as part of the concept
1 Beach subdivision plan.
Phasing Plan (D) Phasing Plan
Open Space Design development may be phased in
accordance with a unified development plan for
tthe entire tract meeting the following
requirements:
1. A phasing plan identifying the sequence of
development showing approximate areas,
serially numbered with a description of
each phase. Information shall be provided
regarding the number of dwelling units,
proposed improvements,and common
facilities for each.
2. The phasing plan shall be made a part of
the conditional use permit and is effective
for five(5)years from the date of
preliminary plat approval. If final plat
approval is not received within five(5)
years,the permit shall become null and
void.
3. Any common facilities, including golf
courses,shall be constructed prior to the
sale of any lots and shall be clearly
marked on a site map which shall be an
attachment to all sales agreements for
individual lots.
4. As part of the development agreement,a
financial guarantee to ensure completion
of common facilities,trails and
landscaping shall be provided.
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Washin_ on Coun Zonin_ Ordinance•Cha'ter Four•Performance Standards
General Location Map ,
(E) General Location Map
(5) Application Procedure. Upon submittal of a complete
application,the application shall be processed according to111
the following:
(A) Plat Commission. The application will be
forwarded to the County Plat Commission for
concept review of the proposed subdivision in
accordance with the requirements of the
Subdivision Ordinance.
(B) Planning Commission. After concept review by
the Plat Commission,the application will be
forwarded to the Planning Advisory Commission.
The commission will review the application in
accordance with the requirements of this
Ordinance.
(C) Plat Commission. Once a conditional use permit
is issued,the applicant will then be directed to
submit a plat to the Plat Commission in
accordance with the requirements of the
Subdivision Ordinance.
4.5 Uses
The following uses are permitted within OSD Developments. The
following uses must meet the standards and criteria specified for
those uses,as set forth in and regulated by the Washington County
Zoning Ordinance.
A variety of residential uses are (1) Residential. The following uses are allowed uses in the
allowed in an OSD Development residential portion of the open space development.
(A) Single-family Detached
(B) Multi-family Residential 1
(C) Bed and Breakfast
(D) Accessory Apartment
(E) Community residence
The open space may be used for (2)passive and active recreation Open Space.
uses, agriculture and may house
services needed for the (A) The following uses are allowed uses in the
development. The open shall be designated open space:
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IIIWashin: on Coun Zonin:Ordinance•Chaster Four•Performance Standards
accessible to residents of the 1. Conservation(i.e.,woodland,meadow,
prairie)
subdivision.
I2. Agricultural
3. Equestrian
4. Recreational uses and associated parking.
111 (a) trails(walking,skiing,cycling,
horseback riding,
snowmobiling)
(b) picnic areas
(c) community gardens
(d) composting(for waste generated
by residents of the development)
(e) turf areas for informal play
(f) common areas such as greens or
squares
(g) ball fields
(h) playgrounds
(i) courts(tennis,basketball,etc.)
0) swimming pools or beaches
(k) common buildings
I5. Stormwater Management Facilities
111 6. Sewage Disposal Systems
7. Essential Services—Utility Substation
I A separate conditional use permit is (B) The following uses are allowed in the designated
open space with an additional conditional use
required for some uses allowed in permit:
1 the open space because of their
potential impact on the local 1. Golf Course
community.
2. Recreational uses available to the public
including:
(a) ball fields
(b) playgrounds
(c) courts(tennis,basketball,etc)
(d) swimming pools or beaches
4.6 SWI r
1 (1) The designated open space and common facilities may be
owned and managed by one or a combination of the
111 following:
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Washin_ on Coun Zonin_ Ordinance•Cha.ter Four•Performance Standards
(A) Homeowners' Association
(B) Non-profit Organization
(C) The County or another governmental body
empowered to hold interest in real property(in
accordance with Minnesota Statutes Section
84C.01-.05)
(D) An individual who will use the land for open space
purposes as provided by the permanent
conservation restrictions.
The designated open space shall be 4.7 Unen nac
subject to a conservation easement
restricting its use and development. 1
( ) With the exception of Open Space Development in the
Transition Zone(TZ),the minimum open space required
per Section 4.6(4)(A)shall be subject to a permanent
conservation easement and used for the purposes as
defined by this Ordinance. The conservation easement
shall be dedicated to an acceptable land trustee or other
similar organization as approved by the County.
(2) Permanent protection of the open space in the Transition
Zone is not required because these lands are expected to
become urban. Developments in the Transition Zone are
subject to the following:
(A) A title declaration shall berovi
ded future
development could occur at urban densities when
the local unit of government rezones the property.
(B) Lots oriented around central open space features,
such as greens, squares,playgrounds and
parkways,and that these features or 10%of the
open space, whichever is greater, shall be
permanently protected.
(3) The uses within the open space shall be accessible to the
residents of the development in accordance with 4.10(4)
(D). These uses may also be available to the general
public providing the proper approvals are received.
(4) A financial guarantee ensuring the construction and
completion of the common facilities shall be submitted to
the Zoning Administrator.
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Washington County Zoning Ordinance•Chapter Four Performance Standards
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4.8 Homeowners'Associations
IA Homeowners'Association shall be established if the open space
is owned by a homeowner's association. Membership in the
I
Association is mandatory for all purchasers of homes in the
development and their successors.
A Homeowners'Association Agreement,guaranteeing continuing
Imaintenance, shall be submitted to the County as part of the data
required for the conditional use permit. The Homeowners'
Association documents or the declaration of covenants,conditions
Iand restrictions shall contain the following information:
(1) the legal description of the common lands or facilities;
1 (2) the restrictions placed upon the use and enjoyment of the
lands or facilities including the persons or entities entitled
Ito enforce the restrictions;
(3) a mechanism for resolving disputes among the owners or
Iassociation members;
(4) a mechanism to assess and enforce the common expenses
for the land or facilities including upkeep and maintenance
I expenses,real estate taxes and insurance premiums.
(5) the conditions and timing of the transfer of ownership and
Icontrol of land or facilities to the Association or to
common ownership;
1 (6) any other matter the developer deems appropriate.
(7) The Management of collector sewage treatment systems.
I
To encourage open space 4.9 Density Standards
development, the ordinance
I provides a density bonus that allows (1) The number of density units for the parcel shall be
developers to increase the density determined in accordance with Chapter 3, Section 1.
over what would be allowed in a
I conventional or lot averaging (2) Base Density
subdivision.
(A) The number of density units determined in(1)
I above may be increased by using the percentage
for the zoning district in which the parcel is
located:
I1. A-1 100%
2. A-2 100%
3. A-4 50%
1 4. RR 25%
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
5. SFE 12.5% i
6. TZ 50%
7. RS (with public sewer) 10%
8. RS(without public sewer) 50%
9. C 0%
(B) Apply any bonus density,as specified in Section I
4.9(3).
(3) Density Points I
Assuming a tract size of 40 acres, The base density may be increased if the development
using the maximum potential complies with one or more of the following standards.
"OSD"density(yield plan),you Each standard provides a density increase of 5%over the
get: base density. The maximum bonus permitted is 20%.
I
Conventional Base Base&Density Extra (A) Creating an endowment where the principal would
Density Density Points Units*
generate sufficient annual interest to cover the
A-1 1 2 2.4 1 conservation easement holder's yearly costs(taxes,
A-2 2 4 4.8 2
A-4 4 6 7.2 3 insurance,maintenance,enforcement,etc.)
RR 8 10 12 4
SFE 16 18 21.6 5 (B) Providing for access by the general public to trails,
*The number of extra units is the difference parks or other recreational facilities,excluding
between the conventional density and the golf courses.
maximum density allowed with density bonuses.
(C) Providing affordable housing,to include a
minimum of 25 percent of all units that would be
affordable to moderate-income households,as
defined by the U.S. Department of Housing and
Urban Development.
(D) Reusing historical buildings and structures, t
including those sites inventoried by the
Washington County History Network and the State
Historic Preservation Office. The Secretary of
Interior's Standards for Rehabilitation shall apply.
The percentage of single-family 4.10 Performance Standards I
attached units is limited to
encourage a mix of uses and to (1) General considerations
ensure that a large percentage of
houses are similar to/compatible (A) For single-family attached and multi-family
with surrounding single-family structures,the maximum number of units per
houses. freestanding building is six. I
(B) The residential lot shall be large enough to
accommodate a house and two car garage. I
(C) All structures shall be setback a minimum of 75
feet from unclassified waterbodies. I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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(D) Multi-family structures shall be setback a
I minimum of 50 feet from the lot line of a lot
designated for single family detached dwelling
Iunits.
(E) A maximum of 40%of the residential dwelling
units may be multi-family residential.
I
(2) Residential Lot Requirements.
I
(A) Minimum Lot Size
I 1. Septic on-site . . . 32,670 sq. ft.(75 acre)
2. Septic off-site . . . . 21,780 sq. ft (.5 acre)
I (B) Principal Building Setbacks
1. Front lot line 30 feet
I 2. Side lot line 15 feet
3. Rear lot line 30 feet
(C) Accessory Building Setbacks
I
1. Side lot line 15 feet
2. Rear lot line 10 feet
I
(D) Maximum Lot Coverage 35%
I (E) Maximum Building Height 35 feet
(F) All lots shall take access from interior local
Istreets.
(G) Fifty percent of the lots within a neighborhood
I shall abut open space on at least one side. A local
street may separate lots from the open space.
I The `focal point"ensures that the (H) Lots shall be oriented around a central focal point.
central feature of the development is This may be one or more of the following:
always either a natural feature or
I "designed"open space such as a 1. A central green or square.
green or parkway.
2. A physical amenity such as a meadow,a
stand of trees,a stream or other water
I body,or some other natural feature.
3. A street designed with boulevards planted
with shade trees and with a central
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
"parkway"or median,at least 25 feet
wide.
A �
neighborhood is a contiguous (3) Neighborhood Siting Standards
g
group of residential lots.
(A) Neighborhoods shall be located to minimize their
impacts on the natural, scenic and cultural
resources of the site.
(B) Neighborhoods shall avoid encroaching on rare 111
plant communities or endangered species
identified in the Department of Natural Resources'
County Biological Survey for Natural
Communities and Rare Species.
(C) Fragmentation of open space shall be minimized. I
(D) Whenever possible,open space shall connect with
existing or potential open space lands on adjoining
parcels.
(E) Neighborhoods should be sited to achieve the I
following goals,to the extent practicable.In cases
where impact on one or more of the following
resource areas is unavoidable,the impact should I
be minimized through use of landscaping,
topography,or other features.
1. Avoid prime farmland soils and large
tracts of land in agricultural use,and avoid
interference with normal agricultural
practices;
2. Minimize disturbance to woodlands, ,
hedgerows,mature trees or other
significant vegetation;
3. Protect scenic views of open land from I
adjacent roads.
4. Protect existing historic buildings or t
incorporate them through adaptive reuse.
(F) The maximum number of residential lots permitted I
in a neighborhood is 50.
(G) More than one(1)neighborhood may be 1
developed if separated by a clear boundary
comprised of a combination of two or more of the
following elements: street pattern,marked I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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topographical changes,drainageways, ponds,
wetlands, streams,greenways and woodlands.
I
(H) Neighborhoods shall be separated from adjacent
mi
I residnimumentialwidth propertyof by
300 afeetclear,comprised boundary,with a
of two or
more of the following elements: street pattern,
marked topographical changes, landscape
I screening,drainageways,ponds,wetlands,
streams,greenways and woodlands.
I (4) Open Space Design
Sketch 4:Orientation
(A) Open space shall be designated as part of the
I development. The minimum required open space
1� \ is based on a percentage of the
l .\ i p g gross acreage:
.. "T-... �
r/ rat 1. A-1 80%
— —.. ;Vp �• 2. A-2
j r 75%
'' `� Stream 3. A-4 70%
4. RR 60%
II OrieMationToward Physical Amenity 5• SFE 50%
6. TZ 70%
�t- - - ' 7. RS 30%
j -.\ •�. • 8. C 75%
tr
;`o d9 o
(B) The required open space shall be undivided and
Jj -�-�.,..•, restricted from further development,as specified
i ,' �: `� in Section 4.7.
IOrientation Toward Green (C) The following areas or structures may be located
within the open space area:
Views
\,• T
/ om•
\ ,% �
�\ .. 1. parking areas for access to and enjoyment
\ \��•�•�'` till ,> of the open space.
.i`1 ,tee`'`' `ri
`+. 2- internal mad rights-of-way except
y unimproved roads providing access to the
open space.
I Orientation Toward Parkway
3. privately-held buildings or structures
unless they are accessory to the use of the
Iopen space.
I The intent of these requirements is
to ensure that residents can actively (D) No more than 50 percent of the required open
space may consist of unclassified water bodies,
use or enjoy a reasonable ponds, floodplain,wetlands,or slopes of greater
proportion of the open space. than 25 percent.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
(E) At least 25 percent of the open space shall be
accessible to the residents of the development and
shall be owned in common by all residents of the
development.
1. At least 25%of the "accessible" open
space,shall be suitable for recreational
uses such as trails,play fields,or
community gardens.
2. A pathway system connecting all parts of
those open space areas accessible to
neighborhood residents,and connecting 111
these areas to neighborhood streets and to
planned or developed trails on adjacent
parcels shall be identified in the plan.
3. That portion of the open space designated
for the location of sewage treatment
facilities shall not be included as part of
this accessible open space.
Roads shall be designed to minimize (5) Street Standards
the visual size and scale of the
development and help discourage Neighborhood streets may take the form of a two-way
excessive speeds. street,a pair of one-way streets on either side of a
landscaped median,or a one-way loop street around a
Street widths and alignments should small neighborhood green. Streets shall be developed
be carefully scaled to neighborhood according to the following standards that promote road
size. safety,assure adequate access for fire and rescue vehicles,
and promote adequate vehicular circulation:
(A) The applicant must demonstrate that access to the
development has the capacity to handle traffic
generated by the proposed project, and will not
endanger the safety of the general public.
(B) Streets shall have the following design standards:
1. Right-of-way widths. The right-of-way 1
width for each road shall be wide enough
to provide for all public services,
including roadway drainage,trails and
walkways,utilities and snow storage. The
minimum right-of-way shall be provided
in accordance with the following: I
1
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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Travel Lanes ADT less ADT
than 250 over 250
I One-way roadway 30' 30'
Two-way roadway 50' 60'
r
2. Roadway widths for local roads shall be
determined by the expected average daily
I traffic(ADT)and shall be within the
following ranges:
ITravel Lanes ADT less ADT ADT
than 100 100-250 over 250
Two-way roadway 18'-24' 20'-24' 22'-24'
I One-way roadway 11'-13' 11'-13' 11'-13'
(urban sections*) 13' 13' 13'
Shoulder width* 2'-4' 2'-4' 2'-4'
1 *For urban sections,measured from curb face to curb face
1 3. Additional Standards:
(a) Design Speed: Minimum 20 miles
Iper hour
(b) Vertical Curves: Minimum 50'
I (when grade difference less than
1%,no curve is needed)
I (c) Horizontal Curves: Minimum
radius of 125'
I (d) Road Grades: Maximum grade
8%
(e) Super-elevation: Maximum e=
1 0.04 feet/feet
(f) Pavement Strength: 7 ton
I minimum
(g) Clear Zones:
I Rural sections: 10' from edge of
travel lane
Urban sections: 2' from face of
curb
(h) Bridges: Width shall be traveled
Iway plus 2' each side Design
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Washington County Zoning Ordinance•Chapter Four•Performance Standards _ _
Loading for Structural Capacity
i
HS-20 Sidewalk necessary to
maintain pedestrian crossing I
(i) Cul-de-sacs: Minimum 30'
radius I
Utilities will be placed 4. If determined necessary by the Zoning
underground; either parallel to the Administrator,shade trees shall be planted 1
gr'
sidewalk or under the street. on both sides of the street at 50-foot
intervals or placed in clusters at the same
ratio
.5. Street connections to adjacent parcels
shall be provided in logical locations to
avoid creating landlocked parcels and
provide for connecting street patterns.
1
6. Streets that serve as collectors,
interconnecting subdivisions and other
major traffic generators, shall be designed r
according to the County's standards for
collector roads.
7. Where streets will connect with streets
having differing standards,the street
dimensions shall be the same as those of
the connecting street. All street widenings
shall occur at the nearest intersection.
Ordinance will include (6) Sewage and Water Facilities 1
County ISTS
standards for common systems:
groundwater monitoring, Water for an OSD Development shall be provided by
I
pretreatment, system management, individual on-site wells or by one or more community
etc. wells meeting the permit requirements of the Minnesota
Department of Health. The use of shared or community
Alternatives may include: wells is encouraged.
Individual septic systems All OSD Developments shall be provided with adequate
with drainfields located on the sewage treatment facilities meeting the standards of the
individual lot or in adjacent open County Individual Sewage Treatment Standards Ordinance
space areas; and the permit requirements of the Minnesota Pollution
Control Agency. III
Individual septic tanks with
communal drainfields on individual (7) Golf Courses I lots or in open space areas.
(A) Golf courses located in the open space must
comply with Chapter 4, Section 2.12 of this
Ordinance.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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Drainfrelds may be located
I partially or completely within open
space areas provided that: (B) The golf course shall be regulated by a
development agreement that restricts any further
development or subdivision of land and requires
Ground cover of regularly the land to be retained as open space use if a golf
I mowed turf or meadows is course is no longer used as a golf course.
maintained;
(C) The golf course shall be constructed prior to the
No agricultural activities sale of any residential lots.
are permitted within 50 feet of the
drainfreld area; (D) A financial guarantee ensuring completion of the
Igolf course in accordance with the approved plans
No trails or other and permits shall be submitted to the Zoning
recreational facilities are located in Administrator.
Idrainfreld areas.
Alternative wastewater
I treatment and disposal systems that
meet all MPCA permit
requirements.
iSketch 6:Sewage Treatment Options
IA3
/ 1r4
I ay I�y
sQ
^„`-Y•• Backup
.b.,, dranfield site
in open space
IDrainfield on lot
. J j r jft •.
Easement
l•;fl I •j n i...i
Backup- /Ij �'
drainfield sites •s 0, ..n::
Berm(or fence)lands
IIndividual Drainfields in Open Space
i „/".r.. 41/7478-1:41:N,
„4.0 '7%6 if3anditilVik#4.,
•4
" *4611.)'
11 Berm(or feneel ..cc hip
landsca g:.. iadas..1 t (
Shared Drainfield in Open Space
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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SECTION 5. PLANNED UNIT DEVELOPMENT I
The purpose of this section is to 5.1 Uses
provide design flexibility in land
development by incorporating The uses within a planned unit development are limited to those
design modifications as part of PUD uses permitted in the underlying zoning district.
I
conditional use permit. The
modifications, if granted shall be 5.2 Performance Standards
fully consistent with the general
intent and purpose of County (1) The maximum density of the Planned Unit Development
Ordinances related to land use, shall not exceed the maximum density permitted in the
subdivision and development. It is underlying zoning districts.
not the intent of this Section to
increase the overall density or vary (2) The uses allowed within the PUD are restricted to those
uses. uses which are allowed in the underlying zoning district.
Planned Unit Development: (3) The impervious surface coverage shall not exceed the
All developments having two or maximum lot coverage of the underlying zoning district.
more principal uses on a single
parcel of land; and may include 5.3 Exclusion from Requirements
townhouses, multi-use structures,
recreational uses, mixed residential Planned Unit Developments may be excluded from certainI
and commercial type developments, requirements of the County Ordinances relating to land use,
commercial type developments and subdivision and development, including the provisions of this
industrial type developments. Ordinance,providing that: I
(1) A general development plan is approved by the Planning
Advisory Commission 1
(2) The Planning Advisory Commission finds that the
proposed development is fully consistent with the purposes
of this County Ordinance relating to land use, subdivision
and development and that the development is in
conformity to the Comprehensive Plan.
(3) Adequate performance bonds or other security are given to
the County to secure completion of the development as
provided by the general development plan.
(4) A Planned Unit Development permit is granted by the
Planning Advisory Commission. I
5.4 Administration
(1) Application.A lication. Whenever a development requires approval I
for a planned unit development,a preliminary and final
application shall be filed in writing with the Zoning I
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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Administrator. Applications shall be accompanied by the
Irequired application fee.
(2) The applicant shall pay costs incurred by the Zoning
I
Administrator for monitoring compliance with the
conditions of the planned unit development.
I5.5 Criteria for Granting a Planned Unit Development
(1) The Planning Advisory Commission may grant a planned
unit development in any district provided the proposed
I development complies with the standards and criteria
stated in the Washington County Zoning Ordinance and
Subdivision Ordinance and that said development is in
I harmony with the general intent of this ordinance and
comprehensive plan.
I (2) In granting approval for a planned unit development,the
Planning Advisory Commission shall consider:
I (A) The impact of the proposed use on the health,
safety,and general welfare of the occupants of the
surrounding lands;
I (B) Existing and anticipating traffic conditions
including parking facilities on adjacent streets and
111
land;
(C) The effect of the proposed use on utility and
school capacities;
I
(D) The effect of the proposed use on property values
and scenic views in the surrounding area;
I
(E) The effect of the proposed use on the County's
Comprehensive Plan;
I (F) The ability of thero osed use to meet the
P P
standards of the ordinance; and
I (G) That the proposed use(s) is(are)permitted in the
underlying zoning district
IIf the Planning Advisory Commission determines that the
proposed use will not be detrimental to the health, safety,
I or general welfare of the County,or that said use is in
harmony with the general purpose and intent of the
Ordinance and Comprehensive Plan,the Planning
Advisory Commission may approve such planned unit
I development.
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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5.6 Preliminary Review
Before applying for a planned unit development permit,the
developer shall first apply for preliminary review of the proposed
development. The application shall be accompanied by payment of
a preliminary review fee. The application shall be filed with the
Zoning Administrator. The application shall include the following
information relating to the property,the developer and the
proposed development,and may include such further information
as the developer deems appropriate to preliminary review the
proposed planned unit development. The Planning Advisory
Commission may require additional information.
(1) Reports shall be spiral or three-ring looseleaf bound and
submitted on 81/2"x 11" size paper,vertical format. The
scale of the maps shall be at least 1"to 200'. Maps for
sites less than fifty(50)acres shall be at least 1"to 100'.
(2) A sketch plan shall be submitted showing the location of
the site, size of the site,utilization of land adjacent to the
site,existing buildings on the site, significant
topographical and physical features of the site,proposed
site,proposed general street layout and proposed general
lot layout. I
(3) If the developer contemplates the retention of existing
buildings or extension of facilities or utilities serving
adjacent uses,these facts shall be documented.
(4) The developer shall have a property interest in the site
which shall consist of a fee simple title,or an option to
acquire a fee simple title within a specified time period,or
a leasehold interest in excess of thirty(30)years,or a
substantial interest in a joint venture agreement,real estate
investment trust or other real estate syndication which has
or can obtain a fee simple title,or a marketable title
subject to certain restraint which will not substantially
restrict its development within a reasonable time. All
mortgages including purchase money mortgages,all
easements restricting land use,all liens and all judgments
which may affect the site shall be documented.
The applicant shall supply proof of existing ownership I
consisting of an abstract of title,certified currently,a
current Certificate of Title,or an attorney's title opinion
based thereon,together with any unrecorded documents
whereby the applicant acquired a legal or equitable
property interest.
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(5) Notice and Hearing Procedure.
(A) Upon receipt of an application that contains all
required information,the Zoning Administrator
' shall refer the matter to the Planning Advisory
Commission and establish a time for hearing on
the application. From the date the Zoning
' Administrator receives the application containing
all required information,the Planning Advisory
Commission has sixty(60)days to take action on
the request or the request shall be deemed
approved,provided,however,that the Zoning
Administrator may extend this time line by
providing written notice of the extension to the
applicant before the end of the initial sixty(60)
day period. This notification must state the
reasons for the extension and its anticipated
length,which may not exceed sixty(60)days. The
deadline may also be extended as indicated in
Minnesota Statute 15.99 Subd. 3.
(B) Notice of the time,place and purpose of all public
hearing shall be given by publication in a
newspaper of general circulation in the town,
municipality or other area concerned and in the
official newspaper of the county at least 10 days
before the hearing. Notice shall also be sent to the
clerk of the applicable town board not less than ten
(10)days in advance of the date of the public
hearing. The notice shall state the purpose,time
and place of the public hearing. Written notice
shall also be given to the affected Board of Town
Supervisors and the Municipal Council of any
municipality within two(2)miles of the affected
property.
(C) Written notice shall be sent to all property owners
of record within 500 feet of the affected property
in incorporated areas.
(D) In the case of conditional use ,
ermits in
P
unincorporated areas,notice shall be mailed to
each of the owners of all property located within
one-quarter(1/4)mile of the affected property,
whichever would provide notice to the greatest
number of owners.
(E) In all other cases, including rezoning requests,in
the unincorporated area notice shall be sent to
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
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owners of record within one-half(/�)mile of the
affected property.
(F) Where required,no less than twenty(20)days
prior to the public hearing,the Zoning
Administrator shall send notice and copies of the
applicant information to the Minnesota
Department of Natural Resources for review and
comment.
(G) Defects in the notice shall not invalidate the
proceedings provided a bona fide attempt to
comply with the provisions of this Section has
been made. A copy of the notice and a list of
property owners and addresses to which the notice
was sent shall be made a part of the record.
(6) Planning Commission Action. Within sixty(60)days after
the first regular meeting after the application for a
Preliminary Review has been submitted to the Zoning
Administrator,the Planning Commission shall give
preliminary review approval to the proposed plan,reject
the proposed plan or request specific additional
information. The Planning Commission shall also
establish the process necessary for completion of a general
development plan and shall notify the applicant of which
alternative process or parts of the development plan
process that will be applicable to his project. As soon as is
reasonably practical,the Zoning Administrator shall
inform the applicant of the action taken by the Planning
Commission,in writing,accompanied by a copy of the
111
resolution or minutes of the Planning Commission stating
its reasons therefor. If additional information is requested,
the Planning Commission shall accept or reject the
Preliminary Review within thirty(30)days of such
request. If the Preliminary Review is accepted,the
developer may proceed to apply for a permit for a Planned
Unit Development. Approval of the Preliminary Plan does
not guarantee approval of the project.
5.7 Final Review
(1) The applicant shall have secured preliminary review
approval by the Planning Commission within the previous
year.
(2) The application shall be accompanied by development I
plans of the proposed planned unit development and
supporting information as listed below as deemed
111
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
necessary by the Zoning Administrator or by the Planning
Advisory Commission.
(A) The scale of maps submitted shall be at least 1"to
200'. Maps for sites less thanfifty(50)acres shall
be at least 1"to 100'. The number of maps and
reports to be submitted shall be specified by the
Planning Commission, but shall not exceed
twenty-five(25). All maps shall be reduced and
included in the applicable reports. One(1)
' transparent Mylar copy of the final general
development plans, should they be approve, shall
be filed with the Planning Commission within
sixty(60)days of such approval.
(B) An environmental impact study may be required
by State,Regional or Federal agencies or by the
Planning Commission as regulated by Section 512.
(C) A regional location component map shall be
submitted showing the site and its interrelationship
with the community. Said map shall include the
location and distance in road miles to the
following facilities servicing the site:
1. Elementary School(s)
2. Secondary School(s)
3. Fire Department
4. Police Station
' 5. Arterial and Limited Access Highways
6. Recreational Areas
7. Shopping Areas
8. Industrial Areas
9. Public Transportation Routes, including
non-vehicle trails and major transportation
' depots
10. Churches and Public Buildings
The names of all property owners within five
' hundred(500)feet of the development site shall be
shown on the map.
(D) A land evaluation component which shall consist
of a map or maps and accompanying report setting
forth the natural limitations on land development,
including slopes,drainage systems,vegetation,soil
types, soil quality and how these limitations are
incorporated in the development plan. Said land
evaluation component shall also contain a
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
of objectives,principles descriptive statement and
standards used for its formulation.
p
(E) A
land use component which shall consist of a
map or maps and report setting forth the
distribution, location and extent of the acres of
land devoted to each category of land use proposed
as part of the general plan of development. Said
land use component shall also contain a
descriptive statement of objectives,principles and
standards used in its formulation.
(F) A circulation component which shall consist of a
map or maps and report setting forth the general
location,extent,and nature of all transportation
facilities proposed as part of the general plan of
development,all proposed points of
inter-connecting access to existing transportation
facilities and the present use and design capacities
of existing transportation facilities. Proposed
transportation facilities information shall include:
1. Location of paths or bikeways.
2. Location of major and local thoroughfares.
3. Location and definition of trash removal
system.
4. Location and definition of industrial and
commercial delivery areas and systems.
111
5. Identification by function of principal
arterials, intermediate arterials,minor
arterials,collector streets and local streets.
6. Location and function of one-way street
systems,divided roads, left-turn lanes and
such other matters as may be related to the
provision for the circulation of traffic
within the planned area.
The following information pertaining to parking ,
areas shall be shown:
7. Paved areas for all parking compounds. I
8. Landscaped areas contained within
parking areas.
9. Service estimates which show the number
of residential units or gross flow area and
the number of parking spaces for each
area.
i
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This circulation component shall also contain a
I
descriptive statement of objectives,principles and
standards used in its formulation.
(G) A population component which shall contain a
report of the standards of population density and
building intensity for the various proposed land
uses, including estimates of future population,
correlated with supporting data,and shall include
but not be limited to dwelling(housing)units per
acre for the various residential uses proposed; and
square footage by type for the various
nonresidential facilities, including sufficient data
to calculate traffic generation,parking
II requirements,water consumption,sewage needs
and the necessary capacity of related utilities and
services traditionally rendered by public or private
I organizations for a population of such size as is
projected for the completed planned development.
This report shall contain an analysis indicating the
projected marketability of the development in
respect to effective demand specifically relating
the size to the community. Any public and/or
Isubsidized housing shall be identified to include an
explanation of the assistance program and the
number of units affected. Said population
component shall also contain a descriptive
statement of objectives,principles and standards
used for its formulation.
I (H) A services and facilities component which shall
contain a map or maps setting forth the general
location and extent of any and all existing and
proposed systems for sewage,existing and
proposed sewage flows, location of on-site sewage
treatment systems and backup areas,domestic
water supply and distribution,refuse disposal,
drainage, local utilities and right-of-way
easements,facilities and appurtenances necessary
therefor. Said services and facilities component
shall also contain a descriptive statement setting
forth objectives,principles and standards used for
Iits formulation,as well as a detailed statement
describing the proposed ownership,method of
operation and maintenance of each such service
and facility.
(I) An open space and community facilities
I
component map and report which shall show:
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
1. All land dedicated or deed restricted for
public or common use showing major I
trails,acreage and proposed use.
2. Location of all play fields,tot-lots,tennis
and handball courts,or other recreational
facility indicating type and general area of
concentrated use.
3. Location of all buildings intended for
community,school,religious or
institutional use indicating approximate
building coverage in square feet.
4. Location of all existing buildings,
historical areas or scenic areas to be
preserved.
The report shall contain an explanation of how the
common open space shall be maintained including
an estimate of additional charges or costs to be
paid by each housing unit. The method by which
citizen participation is provided in the
maintenance of these facilities shall be specified.
All improvements to be placed as fixtures upon the
land shall be described. A statement of
conformance or lack thereof to the requirements of
design ratios and common open space shall be
included. Said open space and community
facilities component shall also contain a
descriptive statement of objectives,principles and
standards used for its formulation.
(J) A land coverage and drainage component map
or maps which shall include the location and
square feet of all areas of the site to be covered by
paving or building roofs,and the proportion of
each as related to the total site,and the relation to
each watershed existing on an off-site location
prior to proposed development.
All areas of the site in which the natural vegetative
cover will be altered shall be identified and the
proportion by type of change shall be identified
with the amount of area in acres and the proportion
of each as related to the total site shall be indicated
on the map legend.
A grading and drainage plan identifying the 1
collection and retention and drainage of
stormwater shall be submitted to the Watershed
District and the Washington County Soil and '
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Water Conservation District at the time of
application. Erosion control structures must be in
place before grading begins. On-site drainage
shall be directed to a stormwater holding pond
prior to leaving the site. Drainage and erosion
control systems shall be designed to prevent any
increase in sire runoff over pre-existing peak
flows.
(K) A building quality component which shall
consist of a map or maps, schematic drawings and
report showing locations of all buildings with floor
elevations,typical building types to illustrate
111architectural intent and character,and the name,
address and certification of the architect approving
the exhibit.
(L) A legal submissions component which consist of
the following:
1. The articles of incorporation and bylaws
for any homeowners association,
condominium association or other form of
nonprofit corporation to maintain or
advise in the operation of any common
space.
2. Any agreement by which an organization
is to serve in the capacity of a trustee.
3. Typical deed or lease agreement
specifying all rights and obligations
including required fees to be paid to
maintain common open space.
4. A signed statement establishing the rights
of the County to substitute for the
organization to maintain common open
space and to collect the necessary funds.
111 5. Copies of all existing or proposed
easements and covenants to permit other
persons to utilize portions of land or to
maintain facilities and/or utility service
lines.
6. Copies of all existing or proposed
111 agreements by which private roads shall
be maintained,refuse collected, snow
plowed and other supplementary services
be provided.
7. Copies of all dedications,restrictions and
covenants imposed upon the land
including reservations in favor of any
homeowners association.
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(M) A construction order component which shall
contain a map or maps setting forth the proposed I
chronological order of construction relating each
proposed use and structure to the construction of
the various services and facilities as may be
required herein. Said component shall include
estimated completion dates and shall specify the
proposed order of request for utility release or
other authority to occupy complete structures so as
to provide a basis for determining the adequacy of
the related services and facilities which would not
require a variance under existing zoning. Said
component shall also contain a descriptive
statement of objectives,principles and standards
used for its formulation.
(N) A Subdivision Design which shall comply with
the provisions of the Washington County
Subdivision Ordinance.
(0) A financial impact component which shall S
consist of a report demonstrating the additional
taxes generated by the planned unit development
for the community and the school district,the
additional financial burden generated by the
planned unit development on the school system,
fire department,police department,road I
maintenance and other increased financial burden
on the community. Said component shall also
contain a descriptive statement of objectives,
principles and standards used for its formulation.
(P) A marketing component which shall consist of a
report demonstrating the economic feasibility of
the planned unit development including a
marketing survey of proposed residential and
apartment units,the impact on existing property
values,the impact on any other proposed real
estates developments in the surrounding area,the
amount of federal, state and local subsidy or loan
programs utilized by the planned unit development
and the impact of such governmental subsidy or
loam programs being curtailed or eliminated.
(Q) An air pollution component which shall consist
of a map and report setting forth the location of all
air pollution sources including areas of heavy
traffic,parking lots, incinerators and smokestacks.
The report shall include the amount of pollution I
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expected from each source and the abatement
procedures to be used to control such air pollution.
Said component shall also contain a descriptive
statement setting forth objectives,principles and
standards used for its formulation.
(R) The general plan of development may include as
additional components: A Recreation Component,
a Public Building Component,Noise Component,
Lighting Component providing for consideration
for administrative and public safety quarters,and
such other components indicated by the nature of
the particular proposed development.
(3) Referrals. Upon receipt of all required information,the
Zoning Administrator shall refer the same to the Planning
Commission and shall refer the applicable portions to the
Fire Department,County Engineer and Building Official,
Washington County Soil and Water Conservation Service
and such other public bodies,agencies and officials as may
be interested or affected. Reports on those aspects of the
proposed plan which concern such department or body
must be filed with the Zoning Administrator within thirty
(30)days of the referral thereof.
(4) Public Hearing. Within the period of time the matter is
under consideration,the Planning Commission shall hold a
public hearing concerning the particular planned unit
development application. At least ten(10)days notice of
said meeting shall be given by the U.S. Mail to all property
owners within five hundred(500)feet of the affected
property or the ten(10)properties nearest to the affected
property, whichever would provide notice to the greatest
number of owners. Written notice shall also be given to
the affected Board of Town Supervisors and the Municipal
Council of any municipality within two(2)miles of the
affected property. At least ten(10)days prior to such
public hearing,a notice indicating the time,place and
reason for such public hearing shall be published in the
official newspaper of the County. Notice shall contain a
legal description of the property described in the
application. The failure of any property owner to receive
notification or defect in such notification shall not
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the applicant shall be allowed to make such amendments to
his application, including any part of the general
development plan or any applicable components thereof,as
the Planning Commission shall request or permit.
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(5) Action by the Planning Commission. The planned unit
development general development plans shall be placed on
the agenda of the Planning Commission at its next regular
meeting following the required public hearing. The
Planning Commission shall take action on these plans
within sixty(60)days after such meeting. If it shall
determine by resolution that the proposed use will not be
detrimental to the health,safety,morals or general welfare
of the County and that said use is fully consistent with the
purposes of the County Ordinances relating to land use,
subdivision and development, including the provisions of
this Ordinance and in conformity with the Comprehensive
Plan,the Planning Commission may grant such approval.
If it approves the plans,the Planning Commission may
impose conditions, including time limits it considers
necessary. Periodic review of the project and the final
permit may be required;the cost of periodic review shall
be paid by the permittee. Each project approval shall be
granted for a particular use and development, and not for a
particular applicant. ,
A decision of the Planning Advisory Commission as it
relates to a planned unit development shall not take effect
for fifteen(15)days from the date the decision was made.
During this fifteen(15)day period,an appeal of the
decision may be made to the Washington County Board of
Commissioners; if not appeal is made within this time
period,the decision will take effect and be considered
final.
5.8 Method of Amending a Planned Unit Development Permit
Any desired change involving structural alteration,enlargement or
intensification of the use not specifically allowed by a particular
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planned unit development permit,or any request for a variance
from the specific terms of a previously passed planned unit
development permit, shall require than an application be filed for
an amended permit and all procedures shall then apply as if a new
permit was applied for.
5.9 Method of Cancellation of a Planned Unit Development Permit
Any existing approved planned unit development permit shall be
deemed to be canceled if the owner of the land involved in the
permit applies for and receives a rezoning with respect to said
property prior to the time that there is any physical implementation
of the matters covered by the previously approved planned unit
development permit. In addition,an existing planned unit
development permit shall be deemed to be automatically canceled '
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Washington County Zoning Ordinance•Chapter Four•Performance Standards
in the event that a final plat, if the same is required in connection
' with the permit, is not filed as required by and in accordance with
the terms of the County Subdivision Ordinance within one hundred
twenty(120)days following final approval of the planned unit
' development permit by the Planning Commission. The planned
unit development permit shall expire and be considered null and
void one(1)year after it has been issued if no construction has
' begun or if use has not been established. In all other situations,an
existing planned unit development permit shall be canceled and
revoked, short of expiring according to its own terms, only upon
the event of the County acting in accordance with law and due
process,taking some rezoning action which supersedes the planned
unit development.
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