Township of Eureka, MN Building Permits, Building Regulations and Performance Standards

Foundation and wall joist construction. All foundation and wall joist construction shall be in accordance with the State of Minnesota Building Code in effect at the time the building permit is granted, and as required by the manufacturer's installation instructions.

Roof pitch. All residential structures shall possess pitched roofs which meet the minimum requirements of the State Building Code.

Garage. All residences must have a garage with a minimum width of 22 feet and a minimum length of 22 feet.

Width and length. All residential structures, except earth-sheltered homes, shall possess a minimum width of 24 feet and a minimum length of 26 feet. The measurement of such dimensions shall not include bay windows, roof overhangs, porches, or eaves under which there is no interior space.

[Amended 6-14-2010 by Ord. No. 2010-1]

Attachment to ground. All structures, whether temporary or permanent in nature, shall be securely attached to the ground.

[Amended 8-13-2007 by Res. No. 59]

All structures requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

No basement homes. No basement, garage, tent, travel trailer, or accessory building (except if specifically permitted by this chapter or ordinances in effect at the time of the passage of this chapter) shall be at any time used as a dwelling. The basement portion of a finished home may be used for normal eating and sleeping purposes, provided it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the Building Official.

Minimum livable floor area. All residential structures consisting of one single level shall possess a minimum of 960 square feet of livable floor area, excluding any basement floor area. All multilevel or split-level residential structures shall possess a minimum of 1,248 square feet of livable floor area, excluding any basement floor area.

Code requirements. All buildings constructed hereafter shall meet the requirements of building, plumbing, sanitation, well, electrical and heating codes in effect on the date of the permit.

Landscaping.

No trees, shrubs or hedges shall be planted in the right-of-way.

[Amended 4-9-2018 by Ord. No. 2018-01]

On corner lots, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2 1/2 and 10 feet above the center line 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.

[Amended 8-13-2007 by Res. No. 59]

Parking. Parking spaces accessory to one-family dwellings shall be located on the same lot. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. The number of vehicles parked on or in front of a residential lot shall not exceed double the number of persons residing on the premises and having an automobile driver's license. This limitation does not apply to short-term parking (six hours or less), guest parking, or vehicles parked inside an enclosed building.

[Amended 6-14-2010 by Ord. No. 2010-1]

Soil erosion and sedimentation control. All development shall comply with all local, state and federal regulations as they apply to soil erosion and sedimentation control.

Sewage and waste disposal standards.

These standards shall be as provided by all applicable Minnesota state laws.

All waste materials, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The landowner shall be responsible for keeping such land free of refuse and weeds.

Bulk storage (liquid). All bulk storage shall comply with all applicable local, state and federal standards.

§ 240-19 Performance standards for commercial agriculture operations.

All farms in existence upon the effective date of this chapter and all farms which are brought into the Township of Eureka by annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained within § 240-18, and other Township ordinances in effect, shall apply to all changes of the farming operation which will cause all or part of the area to become more urban in character. Setback and other regulations shall apply to farming operations, just as they do to residential developments. The Town Board may require any farm operation to secure a conditional use permit to expand or intensify said operations in the event of the following:

The agricultural building is within 250 feet of any dwelling unit not located on the farm, and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or the like.

[Amended 6-14-2010 by Ord. No. 2010-1]

The farming operations are so intensive as to constitute industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade, and further that such operations may tend to become a permanent industrial-type operation that cannot be terminated as can a normal farming operation.

§ 240-20 Performance standards for commercial operations.

Off-street parking. All commercial operations shall provide adequate off-street parking for all employees and customers as determined by the Town Board.

[Amended 6-14-2010 by Ord. No. 2010-1]

All commercial operations shall comply with the ordinances contained in § 240-18 and with all Township ordinances applicable to commercial uses and nuisances, specifically, but not limited to, Chapter 177, Nuisances.

[Amended 8-13-2007 by Res. No. 59]

§ 240-21 State building codes.

The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes, §§ 326B.101 to 326B.16, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Construction Codes and Licensing Division, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted herein. The Minnesota State Building Code is hereby incorporated in this chapter as if fully set out herein.

[Amended 11-9-2022 by Ord. No. 2022-05]

The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by M.S.A. § 326B.121, Subdivision 2, when so established by this chapter.

[Amended 11-9-2022 by Ord. No. 2022-05]

The code enforcement agency of Eureka Township shall be the Building Official.

§ 240-22 Building permits.

[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1; 3-7-2023 by Ord. No. 2023-02]

Permit.

For the purpose of regulating the location, size, and height of buildings on lots and the density of population in the Township of Eureka, and to provide separate districts for the purpose of carrying out the aforesaid ordinances, building permits shall be required for all buildings, whether temporary or permanent in nature. No person or persons, firm, or corporation shall construct, enlarge, alter, repair, move, demolish, or change the use or type of occupancy of a building or structure; erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the Minnesota State Building Code; or cause any such work to be done, before first making application for and obtaining all required permits.

Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property. Nor shall the issuance of any permit hereunder serve to impose any liability on the Township of Eureka or the Town Board or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this chapter does not relieve the permittee of the responsibility for securing and complying with any other permit which may be required by any other law, ordinance, or ordinances.

Every permit issued shall become invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

The issuance of a building permit shall in no way abrogate, restrict or limit the power of the Town Board to regulate the use of the property for which the building permit is issued by appropriate future zoning or ordinances.

Uninhabitable dwellings.

If a house is destroyed or removed from a property, the housing right remains with the property and is fully controlled by the property owner.

The property owner may apply for a permit to replace the house or, if desired, transfer the housing right or convey it to another property owner under the housing right transfer provision of this ordinance. Dwellings may be rebuilt on nonconforming parcels. Permits to rebuild nonconforming dwellings must be filed within the time period specified by Minn. Stat. § 462.357, Subdivision 1e(a)(1) or meet current ordinance requirements. See also policy for rebuilds in case of destruction.

If the housing right is to be transferred, any accessory structures to the previous dwelling as defined in this ordinance must be removed prior to applying to make the transfer.

Application. Applications for building permits shall be made in writing to the Town Clerk on a form to be furnished by the Town Clerk. Each application for a permit to erect, convert, alter, wreck, move or extend the outside dimensions of any building, or buildings, or any part thereof, shall be accompanied by:

A plan drawn to scale showing the size of the structure, new or to be remodeled, type of construction, and the estimated cost thereof.

An approved housing right eligibility permit as described in § 240-10 is a prerequisite requirement of the proposed structure is to be a single-family dwelling.

Three copies of a certificate of survey of said lot or tract of land, made by a registered land surveyor and certified thereto may be requested. Said survey shall state thereon the legal description of the land on which the structure is to be or is now located and show lot lines and the size of the lot. A site plan is necessary. The site plan must show the legal description, the location and size of the structure which is to be erected or remodeled; the location of road or street, including its width on which the structure does now or is to front; and show the location and size of the well, drainage and sewer systems. If requested, complete and detailed plans showing floor plans (all floors, including basement), and front, rear and side elevation, drawn to scale, together with plans showing location of the well, drainage and sewer systems, and driveway access to a public road.

Public road requirement. No application for a permit shall be considered, and no permit shall be granted for the erection of any new building and/or remodeling of existing building where the lot or tract of land on which said building is to be erected or is now located, does not abut on a public road or street which has been approved by the Town Board unless such provision is specifically included in the site plan that is part of the permit application. The actual driveway access may be located on the frontage or may be satisfied as specified in § 198-2.1.

Fees. The fees for building permits shall be as set forth in Chapter 126, Fees.

All required building permits shall be taken out by the permittee or authorized agent before any part of said construction shall commence. In the event construction shall have been commenced before said permit has been issued, the fees shall be doubled.

Every permit issued shall become invalid unless all applicable fees are paid within 30 days of approval by the Town Board.

§ 240-23 Housing.

[Amended 11-9-2022 by Ord. No. 2022-05]

Please refer to the current Minnesota Residential Code prepared by the International Code Council.

§ 240-24 Standards for accessory uses or structures.

[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]

Location. No detached accessory building or structure shall be located closer than 10 feet to any principal building or to any other accessory building or structure.

Easements. No accessory building or structure except for utility panels or boxes or moveable and temporary buildings or small (less than 120 square feet) storage sheds shall be erected in any easement area.

Area. The maximum total area of all accessory buildings shall not total more than 5,000 square feet on two to 5.999 acres and not more than 10,000 square feet on six or more acres. There shall be no maximum limitation to total area for agricultural buildings, and agricultural buildings shall not be considered in the total sum of accessory buildings on an individual parcel.

[Amended 6-10-2013 by Ord. No. 2013-03; 5-8-2017 by Ord. No. 2017-04]

Maintenance. All detached accessory buildings shall be maintained in a manner that is compatible with the primary uses and does not present a hazard to public health, safety, and general welfare of the surrounding community.

Prohibitions

No accessory building may be used for human habitation except temporarily as specifically permitted by the Township of Eureka in § 240-28B(3). An accessory building or structure shall be limited to a half bathroom facility inclusive of all individual accessory buildings on an individual property. "Half bathroom facility" shall mean provision of a sink and toilet. Bathroom facilities shall be limited to a single bathroom with one toilet and one sink, except as required by other applicable rules or statutes.

There can be no accessory structure without a principal structure existing on the same parcel.

§ 240-25 Septic systems.

[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]

All septic tanks shall be designed to provide adequate volume for settling, for sludge and scum storage. The design shall also provide for access for cleaning.

All septic tanks shall be placed not less than 10 feet from the property line of adjoining private property. These tanks shall be not less than 50 feet from any source of domestic water supply. The tank shall be located not less than 10 feet from the foundation of any building.

All septic drain fields shall be placed not less than 10 feet from the property line of adjoining private property. Drain fields shall be not less than 50 feet from any source of domestic water supply, and not less than 100 feet from any shallow source of domestic water supply. The drain field shall be located not less than 20 feet from the foundation of any building.

§ 240-26 Swimming pools and sump pumps.

[Amended 3-14-2011 by Ord. No. 2011-01]

Permits. A building permit shall be required for all in-ground swimming pools, and for all aboveground swimming pools designed to hold more than 5,000 gallons of water. Permit fees for swimming pools shall be based on valuation. The building permit application shall show:

Type and size of pool.

Site plan.

Location of pool.

Location of house, garage, fencing and other features on the lot.

Location of structures on all adjacent lots.

Location of filter unit, pump and wiring (involving type).

Location of backflush and drainage outlet.

Grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool.

Location of existing overhead or underground wiring, utility easements, trees and similar fixtures.

Safety fence. All swimming pools requiring a permit shall be completely enclosed by approved safety fencing.

To be approved, "safety fencing" must be a barrier a minimum of 48 inches in height. Walls of an aboveground swimming pool are considered barriers for the purpose of this article, provided that the walls are at least 48 inches in height. The maximum clearance between grade and the bottom of the barrier shall be two inches. The maximum vertical clearance at the bottom of the barrier may be increased to four inches when the grade is a solid surface, such as concrete, or where the barrier is mounted on top of the pool structure. Openings in the barrier shall not allow passage of a four-inch sphere. For fencing composed of vertical and horizontal members, if the tops of the horizontal members are less than 45 inches apart, the spacing between vertical members shall be no greater than 1 3/4 inches.

Access gates, if used, shall be self-closing and have a self-latching device. Access gates shall open outward, away from the pool. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool side of the barrier at least three inches below the top of the gate, and the barrier shall have no openings greater than 1/2 inch within 18 inches of the release mechanism.

Self-contained hot tubs or spas equipped with a locking cover do not need a separate safety fence.

A wall of a dwelling may serve as part of the barrier. If a wall of a dwelling is used as part of the barrier, one of the following conditions shall be met:

The pool shall be equipped with a powered safety cover; or

Doors with direct access to the pool shall be equipped with an alarm which produces an audible warning when the door and/or screen is opened. The alarm must be capable of being heard throughout the house during normal household activities, and shall automatically reset. The alarm system may have a means of temporarily disabling the alarm, provided that the deactivation lasts no longer than 30 seconds and the switch, touch pad or other device that disables the alarm is located at least 54 inches above the threshold of the door; or

Doors with direct access to the pool area must have a lockable device located at least 54 inches above the threshold of the door; or

Upon request, the Town Board may approve an alternative safety measure that it finds to be as effective or more effective than the measures specified in Subsection B(4)(a), (b) or (c).

Where the structure of an aboveground pool is used as a barrier, or the barrier is mounted on top of a pool structure, and the pool is accessed by means of a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that complies with the requirements of this article.

Barriers shall be located to prevent any permanent structures, equipment, or similar objects from being used to climb the barriers.

Performance standards.

A swimming pool shall not be located within 10 feet of any side or rear lot lines nor within 10 feet of any principal building or accessory structure. For the purposes of determining setbacks for pools, attached and detached decks shall not be considered part of a principal building or accessory structure.

The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 20 feet from any adjacent or nearby residential structure, and not closer than 10 feet to any lot line.

All wiring, lighting, installation of heating unit, grading, installation of pipes and all other installations and construction shall require inspection in accordance with respective Minnesota state codes.

Pools shall not be located beneath overhead utility lines, nor over underground utility lines of any type.

Pools shall not be located within any private or public utility, walkway, drainage or other easement.

In the case of in-ground pools, due precautions shall be taken during the construction period to avoid damage, hazards or inconvenience to adjacent or nearby property and to assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringement onto adjacent property.

To the extent feasible, backflush water or water from pool drainage shall be on the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land. Owners shall check for any best practices published by the Minnesota Pollution Control Agency before draining.

Lighting for the pool shall be directed into or onto the pool, and not onto adjacent property.

Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type.

The required safety fencing shall be completely installed within three weeks following installation of the pool and prior to the pool being filled, unless the pool installation cannot be completed without first filling the pool, due to the way the pool is designed, in which case the fence must be completed within seven days of filling the pool.

Any proposed deviation from these standards shall require a variance in accordance with normal zoning procedures.

Application. The requirements of this section apply to pools installed after the effective date of this chapter.

Area of discharge.

[Added 5-8-2017 by Ord. No. 2017-03[1]]

Sump pump system must discharge sump water from the structure directly onto the ground no nearer than 20 feet away from the foundation of the structure.

The discharge line shall not be nearer than 20 feet from any septic drain field.

Sump pump water can be discharged into an approved drainage system specifically designed for the discharge of sump pump water.

The discharge line shall be set back no nearer than 30 feet from adjacent or neighboring property lines.

Editor's Note: Section 4 of Ord. No. 2017-03 provided as follows: "Any permanent discharge line installed to the nearest storm drainage system or ditch adjoining a public right-of-way at the time of the adoption of this ordinance shall be permitted to continue."

§ 240-27 Aircraft hangars.

[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]

A building permit shall be required for all aircraft hangars, whether temporary or permanent.

Application for a building permit shall be made in writing to the Town Clerk on a blank form to be furnished by the Town Clerk. In addition to the application form, a complete application shall include a detailed site plan showing property or lease lines, setbacks to property or lease lines, and setbacks to other adjacent structures. Applicants shall represent the application for a building permit before the Planning Commission and Town Board at their next regularly scheduled meetings.

Where aircraft hangars are located on property leased from the Metropolitan Airports Commission (MAC), the building construction guidelines in the current "Lease Policies, Rules, and Regulations of the Metropolitan Airports Commission Reliever Airports" shall apply. Where aircraft hangars are located on property that is not leased from the MAC, the standards and requirements for accessory structures as established in this chapter shall apply.

§ 240-28 Temporary structures.

[Amended 8-13-2007 by Res. No. 59]

The Building Official may issue a permit for those temporary structures and temporary uses specified below. The permit shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official may grant extensions, in writing, for demonstrated cause.

The following temporary structures or uses are permitted:

Any one temporary building or stand exclusively for the sale of agricultural or horticultural products produced on the premises, provided that such building shall be no less than 20 feet from the road right-of-way and further provided that adequate off-street parking shall be available.

Any temporary building for uses incidental to construction work, provided that such building shall be removed upon the completion of the construction work.

A garage may be occupied as a temporary dwelling for a period of not more than six months if construction of a permanent dwelling is actually underway and in active progress during occupancy of the garage. Said garage shall be provided and equipped with garage doors. In the event that any person shall reside in any such temporary garage home for a period of time exceeding that permitted by the Building Official, the Town Board shall proceed to have such extended use abated as a nuisance.

All other temporary uses or structures are prohibited in Eureka Township.

§ 240-29 Moving buildings within or into Township.

[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1; 10-9-2012 by Ord. No. 2012-02]

Permit. The moving of any building or structure within the Township of Eureka, or the relocating of any building or structure into the Township of Eureka, is prohibited unless a moving permit shall first be obtained from the Township as provided in this section. A moving permit cannot override the provisions of § 240-22A(5), if that subsection's conditions apply to the destination parcel.

Application. The owner of the land upon or onto which any such building or structure is proposed to be moved or relocated shall file with the Town Clerk of the Township of Eureka a written application for permit setting forth the legal description of the real estate, the general description of the building or structure to be located thereon, the purpose for which said building or structure is to be used, and the dimensions and estimated value thereof.

Fees. The application for permit shall be accompanied by an inspection fee as set forth in Chapter 126, Fees, said inspection fee being in addition to any building permit fee otherwise required.

Inspection. Any building or structure proposed to be moved within or into the Township of Eureka must be inspected by the Township's designated Building Official before a permit is granted, and before the building or structure is moved within or into the Town of Eureka.

Requirements. Any building or structure moved within or into the Township of Eureka must be properly anchored, or placed on a proper foundation, either of which must be approved, and building permits must be obtained as for any alterations and all new construction.

Violation. Any violation of this section shall be a misdemeanor, and ,in the event that any person, firm or corporation moves a building or structure within or into the Township of Eureka in violation of the terms of this section, each day that said structure or building is permitted to remain in the Township of Eureka in violation of this section shall constitute a separate offense.

§ 240-30 Tall nonagricultural structures and alternative energy systems.

[Amended 8-13-2007 by Res. No. 59]

Wireless telecommunications facilities.

Purpose. In order to accommodate the communications needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Town Board finds the following ordinances are necessary to:

Facilitate the provision of wireless telecommunications services to the residents and businesses of the Township of Eureka;

Minimize adverse visual effects of wireless telecommunications towers through careful design and sitting standards;

Avoid potential damage to adjacent properties from wireless telecommunications tower failure through structural standards and setback requirements; and

Maximize the use of existing and approved towers, buildings and structures to accommodate new wireless telecommunications antennas to reduce the number of towers needed to serve the community.

Intent. This section is intended to regulate wireless telecommunication towers and is not intended to regulate other types of towers, such as radio and television antennas, residential satellite dishes or public safety transmitters.

Permitted and conditionally permitted towers.

The following towers are permitted in all zoning districts if in compliance with the performance standards set forth in Subsection A(4):

Towers located in the following locations:

Church sites, when camouflaged as steeples or bell towers; and

Government, school, utility and institutional sites.

Wall or roof-mounted towers.

All other cell phone towers or wireless communications facilities require a conditional use permit.

All transmitting towers require a conditional use permit.

[Added 9-9-2019 by Ord. No. 2019-01]

Performance standards. All towers erected within the Township of Eureka must conform to the applicable performance standards contained in this section.

Co-location requirements. All towers erected, constructed or located within the Township shall comply with the following requirements:

A proposal for a new tower shall not be approved unless the Town Board finds that the wireless telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building or structure due to one or more of the following reasons:

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

The planned equipment would cause interference materially impacting the usability of other existing equipment at the tower or building as documented by a licensed professional engineer and the interference cannot be prevented at a reasonable cost.

[c]

Existing or approved towers or buildings cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a licensed professional engineer.

[d]

Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

Construction and maintenance of towers; tower and antenna design requirements. Proposed or modified towers and antennas shall meet the following design requirements:

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities, such as the Federal Aviation Administration (FAA). In addition, all transmitting towers shall also comply with all rules and regulations promulgated by the FCC.

[Amended 9-9-2019 by Ord. No. 2019-01]

Towers shall be of a monopole design unless the Town Board determines that an alternative design would better blend in to the surrounding environment. Lattice tower designs may be allowed to facilitate co-location.

Tower setbacks. Towers shall conform with each of the following minimum setback requirements:

Towers shall be set back from any property line a minimum distance equal to 50 feet and shall be set back a distance equal to the height of the tower when adjacent to a right-of-way. In the case of a transmitting tower the setback from any property line shall be a minimum distance equal to the height of the tower and/or antennas unless a qualified structural engineer specifies, in writing, that the collapse of any transmitting tower and/or antennas will occur within a lesser distance.

[Amended 9-9-2019 by Ord. No. 2019-01]

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Town Board, to allow integration of a tower into an existing or proposed structure, such as a church steeple, light standard, power line support device or similar structure.

The minimum distance to a residential structure shall be the height of the tower plus 50 feet.

[4]

The tower or associated accessory structures shall not encroach upon any public easements.

[5]

The setback shall be measured from a point on the base of the tower located nearest the property line to the actual property line.

[6]

No transmitting tower shall be constructed within a circle whose radius is 26,400 feet and the center is an existing transmitting tower.

[Added 9-9-2019 by Ord. No. 2019-01]

Height. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of any other applicable section of this chapter.

(e)

Height limitations for towers.

In all zoning districts, the maximum height of any tower, including antennas and other attachments, shall not exceed 200 feet.

Noncompliance. Noncompliance of characteristics of antennas and towers created by application of this section shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying antenna or tower; however, in no instance shall the degree of noncompliance be increased except as otherwise permitted by this chapter.

In the case of a transmitting tower the height of said tower is limited to 300 feet above mean sea level (AMSL) and the antennas mounted on said tower may not extend more than 20% of the tower height. Exception to height may be considered if FCC rules and regulations in effect at the time of the application apply.

[Added 9-9-2019 by Ord. No. 2019-01]

(f)

Tower lighting. Towers shall not be illuminated by artificial means and shall not display high intensity strobe lights (as defined by the FCC), unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(g)

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(h)

Accessory utility buildings. All utility buildings and accessory structures to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. In addition to the requirements set forth herein, any transmitting building shall comply with all rules and regulations promulgated by the Federal Aviation Administration (FAA) or the Federal Communication Commission (FCC).

[Amended 9-9-2019 by Ord. No. 2019-01; 11-9-2022 by Ord. No. 2022-05]

(i)

Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the Town Board and the costs of removal assessed against the property.

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed shall require the issuance of a new conditional use permit.

(j)

Antennas mounted on roofs, walls, and existing structures. The placement of wireless telecommunications antennas on roofs, walls, and existing towers may be approved by the Zoning Administrator, provided the antennas meet the requirements of this section, after submittal of a final site and building plan as specified in this chapter and a report prepared by a professional engineer indicating the existing structure's or tower's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated. Accessory equipment for wall or roof-mounted antennas must be located within the principal building or, if located on the rooftop, must be enclosed.

(k)

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. The Town Board may require that all applications for new service be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the Town Board at least 10 calendar days in advance of such changes and allow the Town Board to monitor interference levels during the testing process.

(l)

Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed thereon, or attached hereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

[Amended 11-9-2022 by Ord. No. 2022-05]

(m)

Security fencing. Towers shall be provided with security fencing to prevent unauthorized entry.

Application. Applications for approval to construct towers shall include information as required in this chapter.

Energy windmills.

Wind energy conversion system (WECS). Wind energy conversion systems shall be considered as a conditional use permit in all zoning districts. All appropriate ordinances within each zoning district must be complied with in addition to regulations outlined below. The Town hereby recognizes and acknowledges, pursuant to provisions of M.S.A. § 216F.07, all wind energy conversion systems with the combined nameplate capacity of 5,000 kilowatts or more come under the sole jurisdiction of the Minnesota Public Utilities Commission, and no provisions of this chapter shall apply to such systems. This language will apply until such time as provisions of M.S.A. § 216F.07 are amended.

[Amended 11-9-2022 by Ord. No. 2022-05]

Applicants requesting a conditional use permit for a WECS shall furnish such scale drawings and information as the Town Board deems necessary. This information may include, but is not limited to, the following: a plot plan of the premises involved showing lot lines, the accurate location of all buildings and structures on the premises and on each adjacent plot and the location of the proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.

No more than one WECS per lot shall be permitted.

The permitted maximum height of a WECS shall be determined in one of two ways:

A ratio of one to one between the distance from the closest property line to any part of the WECS to the height of the tower.

A maximum of 60 feet in Agricultural District.

The shortest height of the two above-mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower, whichever is higher.

No part of a WECS shall be located within or above any required front, side or rear setback area.

(e)

All WECSs shall be designed to meet the following minimum standards:

An automatic braking system device capable of halting operation in high winds (40 miles per hour or greater) shall be incorporated.

The WECS shall be operated and maintained in a condition which will not cause unreasonable noise emissions levels.

The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by design or be enclosed by a six-foot-high, unclimbable fence with a secured access.

[4]

The WECS shall be designed and installed to withstand natural lightning strikes.

[5]

The WECS electrical equipment and connections shall adhere to all state and local government, as well as power company, rules, ordinances and standards.

(f)

The owner of a WECS which is to be dismantled must accomplish such act within 45 days or the Town Board is empowered to dismantle such WECS and assess the costs against the property.

(g)

WECS that are by nature ornamental, rather than functional, shall be exempt from this chapter if total height is less than 25 feet.

(h)

In order to ensure adequate wind access, the Township does encourage the use of private easements and restrictive covenants as a means to protect wind access.

Alternative energy systems. All normal energy systems shall comply with state codes. To provide for new and innovative approaches to the generation of energy for use by residents, businesses and industry in the Township, exceptions may be made to height regulations, setback distances, lot coverage, accessory uses, and all other applicable standards in all districts for proposed innovative energy systems, associated equipment and structures. All modifications will be made through a conditional use permit process.

Accessory solar energy systems (ASES).

Approvals required.

Roof-mounted and building-mounted ASES are allowed as accessory uses and structures.

No Township land use permit is required.

The owner or contractor shall obtain a building and mechanical permit before installing a roof-mounted or building-mounted ASES.

Ground-mounted accessory solar energy systems which are designed to generate 40 kilowatts of power or less are allowed as accessory uses and structures in all districts.

[Amended 6-22-2020 by Ord. No. 2020-01]

Ground-mounted accessory solar energy systems whose generating capacity is greater than 40 kilowatts, but not more than 100 kilowatts, provided that the requirements of § 240-30C(1)(b)[3] are met, shall be treated as a conditional use which may be approved as an accessory use and structure by the Town Board in the Agricultural District provided the provisions and requirements in Article IV of this chapter are fulfilled, including but not limited to the provisions of § 240-31.

[Amended 6-22-2020 by Ord. No. 2020-01]

Performance standards.

Standard for all ASES.

Electric ASES components must have an Underwriters' Laboratories, Inc. (UL) listing.

All ASES shall comply with the Minnesota State Building Code and Electric Code.

Roof-mounted and building-mounted ASES.

Roof-mounted ASES shall comply with the accessory structure setbacks.

Roof-mounted and building-mounted ASES shall not extend above the highest portion of the roofline on which the system is mounted.

[c]

The collector surface and mounting devices for roof-mounted ASES shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side or rear yard exposure.

Ground-mounted ASES.

Ground-mounted ASES shall comply with the accessory use and structure standards, including setback requirements. Ground-mounted ASES shall not be placed in front yards. Ground-mounted ASES may not extend into the side yard or rear yard setback when oriented as minimum design tilt (i.e., the solar panel position that is maximum horizontal extent and covers the maximum ground area).

A minimum of one ground-mounted solar panel is permitted in Shoreland Districts, and is not considered an impervious surface.

[c]

The collector surface of a ground-mounted ASES located outside Shoreland Districts is not considered an impervious surface if the system has a natural vegetated ground cover under and between the collectors and surrounding the system foundations or mounting devices.

[d]

The height of a ground-mounted ASES shall not exceed 15 feet.

[e]

Ground-mounted ASES shall be counted as an accessory structure for the purpose of meeting limits on the total square footage of accessory structures in all zoning districts.

[f]

Ground-mounted ASES shall meet the requirements of Chapter 120, Erosion Control and Stormwater Management, of this Code.

[g]

The manufacturer's engineer or another qualified engineer shall certify that the foundation and design of the solar panel(s) are within accepted professional standards, given local soil and climate conditions.

[h]

The Town Board may require screening for ground-mounted accessory solar energy systems greater than 10 kilowatts and up to and including 40 kilowatts.

[Added 6-22-2020 by Ord. No. 2020-01]

§ 240-31 Conditional use permits.

[Amended 8-13-2007 by Res. No. 59]

Criteria for granting conditional use permits. In granting a conditional use permit, the Planning Commission and Town Board shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands and water bodies. Among other things, the Planning Commission and Town Board shall make the following findings where applicable:

The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

The use will be sufficiently compatible with or separated by adequate distance or screening from adjacent agriculturally or residentially zoned or used land so that existing property will not be depreciated in value and there will be no deterrence to development of vacant land.

The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties.

The use is reasonably related to the existing land use.

The use is consistent with the purpose of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

The use is not in conflict with the Comprehensive Plan of the Township.

The use will not cause traffic hazards or congestion.

Conditions of approval.

In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission and Town Board may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission and Town Board consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

Increasing the required lot size or yard dimension;

Limiting the height, size or location of buildings;

Controlling the location and number of vehicle access points;

Increasing the street width;

(e)

Increasing the number of required off-street parking spaces;

(f)

Limiting the number, size, location or lighting of signs;

(g)

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

(h)

Designation of open space; and

(i)

Annual review.

Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and conditions imposed by the Planning Commission and Town Board, time limits, review dates, and such other information as may be appropriate.

Procedure.

Applications for conditional use permits will not be accepted from anyone who is not an owner of land for which the application is made.

The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form and filing fee.

Once the application is deemed complete, the Zoning Administrator shall provide landowners within 1,000 feet of the applicant's property with notification of the application for a conditional use permit via first-class mail.

[Amended 6-14-2010 by Ord. No. 2010-1]

The Zoning Administrator shall refer the application to the Planning Commission for review.

The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be as provided by M.S.A. § 462.3595.

The petitioner or a legally authorized representative shall appear before the Planning Commission in order to present evidence concerning the proposed conditional use.

If the Planning Commission recommends granting the conditional use permit, it may recommend conditions it considers necessary to protect the public health, safety and welfare.

The Planning Commission shall forward its recommendation to either deny or approve the conditional use permit to the Town Board. The Planning Commission shall make findings of fact and recommend to the Town Board such actions or conditions relating to the request. Such findings shall be entered in and made part of the written record of the Town Board's meeting.

The Town Board will take final action on the request. Approval of a conditional use permit shall require passage by a minimum of three members of the Town Board.

An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. The fee shall be as set by separate action of the Town Board. Amended conditional use permits shall include requests for changes in conditions and as otherwise described in this chapter.

No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial.

(12)

Granted conditional use permits shall become void if applicant does not proceed substantially on the work within six months. To proceed substantially means to make visible improvement to the property. Up to two extensions for not more than six months each may be granted by the Town Board for good cause.

(13)

If the land use does not conform to the conditions of the permit, the conditional use permit may be revoked after notice to the applicant of a public hearing for the intended revocation and passage of a resolution by the Town Board to that effect.

(14)

All conditional use permits that are granted by the Town Board shall be recorded at the office of the Dakota County Recorder by the Township Clerk at the expense of the applicant.

§ 240-32 Interim use permits.

[Amended 8-13-2007 by Res. No. 59]

Criteria for granting interim use permits. In granting an interim use permit, the Planning Commission and Town Board shall consider the effect of the proposed interim use upon the health, safety, morals, and general welfare of occupants of surrounding lands and water bodies. Among other things, the Planning Commission and Town Board shall make the following findings where applicable:

The interim use is identified as a permitted interim use in the zoning district where the property is located.

The interim use will meet or exceed the performance standards set forth in this chapter and other applicable Township ordinances.

The interim use complies with the specific standards for the use identified in the ordinances allowing the interim use.

The date or event that will terminate the use can be identified with certainty.

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

The applicant agrees to any conditions that the Town Board deems appropriate for permission of the use.

[Amended 6-14-2010 by Ord. No. 2010-1]

The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties.

The use will not cause traffic hazards or congestion.

Conditions of approval. In permitting an interim use, the Planning Commission and Town Board may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission and Town Board consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

Increasing the required lot size or yard dimension;

Limiting the height, size or location of buildings;

Controlling the location and number of vehicle access points;

Increasing the street width;

Increasing the number of required off-street parking spaces;

Limiting the number, size, location or lighting of signs;

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

Designation of open space; and

Annual review.

Procedure.

Applications for interim use permits will not be accepted from anyone who is not an owner of land for which the application is made.

The person applying for an interim use permit shall fill out and submit to the Zoning Administrator an interim use application form and filing fee.

[Amended 6-14-2010 by Ord. No. 2010-1]

The Zoning Administrator shall refer the application to the Planning Commission for review.

The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be as provided by M.S.A. § 462.3597.

The applicant or a legally authorized representative shall appear before the Planning Commission in order to present evidence concerning the proposed interim use.

[Amended 6-14-2010 by Ord. No. 2010-1]

If the Planning Commission recommends granting the interim use permit, it may recommend conditions it considers necessary to protect the public health, safety and welfare.

The Planning Commission shall forward its recommendation to either deny or approve the interim use permit to the Town Board. The Planning Commission shall make findings of fact and recommend to the Town Board such actions or conditions relating to the request. Such findings shall be entered in and made part of the written record of the Town Board's meeting.

The Town Board will take final action on the request. Approval of an interim use permit shall require passage by a minimum of three members of the Town Board.

No application for an interim use permit shall be resubmitted for a period of six months from the date of said order of denial.

Granted interim use permits shall become void if applicant does not proceed substantially on the work within six months. To proceed substantially means to make visible improvement to the property. Up to two extensions for not more than six months each may be granted by the Town Board for good cause.

(12)

If the land use does not conform to the conditions of the permit, the interim use permit may be revoked after notice to the permit holder of a public hearing for the intended revocation and passage of a resolution by the Town Board to that effect.

[Amended 6-14-2010 by Ord. No. 2010-1]

(13)

All interim use permits that are granted by the Town Board must be recorded at the office of the Dakota County Recorder at the expense of the applicant.

Termination. An interim use permit shall terminate on the occurrence of any of the following events, whichever first occurs:

The date of termination or the event of termination specified in the permit or specified in this article or the ordinance that allows the interim use; or

Upon violation of a condition under which the permit was issued.

§ 240-33 Variances.

Criteria for granting variances. The following criteria shall be used when considering the issuance of a variance:

The proposed use is not prohibited in the zoning district in which the subject property is located.

The variance must be in harmony with the general purpose and intent of this chapter.

The terms of the variance must be consistent with the Comprehensive Plan.

The landowner must show that the variance is necessary to alleviate practical difficulties resulting from strict application of this chapter.

[Amended 8-13-2007 by Res. No. 59; 8-15-2011 by Ord. No. 2011-04]

"Practical difficulties" as used in connection with the granting of a variance means:

The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

The plight of the landowner is due to circumstances unique to the property, not created by the landowner; and

The variance, if granted, will not alter the essential character of the locality.

If the variance request meets all of the conditions cited above, the variance may be granted. Economic considerations alone shall not constitute practical difficulties.

Procedure.

[Amended 8-13-2007 by Res. No. 59; 8-15-2011 by Ord. No. 2011-04]

The person applying for a variance shall fill out and submit to the Zoning Administrator a variance application which shall include a statement of the difficulties claimed, along with the filing fee and escrow.

The Zoning Administrator shall provide landowners within 1,000 feet of the applicant's property with notification of the application for a variance via first-class mail.

The Zoning Administrator shall refer the application along with all related information to the Planning Commission for review and report in accordance with M.S.A. § 462.354, Subdivision 2.

The applicant or a legally authorized representative may appear before the Planning Commission in order to explain the proposed variance.

The Planning Commission, in reporting on the proposed variance, may recommend the imposing of conditions on the granting of variances to ensure consistency with the Town's Comprehensive Plan. Proposed conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.

The Planning Commission may recommend to the Board of Adjustments and Appeals such actions or conditions relating to the request.

Following the review and report of the Planning Commission, or 35 days after receiving the request if the Planning Commission has not issued a report, the Town Board, acting as the Board of Adjustments and Appeals, shall place the request on the agenda for a public hearing at its next regular meeting. At least 10 days prior to the hearing, notice of the time, place and purpose of the public hearing shall be posted at the Town Hall and mailed to each owner of property situated wholly or partly within 1,000 feet of the boundaries of the property proposed to receive a variance. Failure to give mailed notice, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirement has been made.

The Town Board acting as the Board of Adjustments and Appeals shall conduct a hearing on the variance request. The Board shall permit the applicant to present evidence in documentary or testimonial form to establish eligibility for the requested variance. If the Planning Commission has considered the variance request, the Board shall admit the Planning Commission's report into the record, either as a document or through testimony of a representative chosen by the Planning Commission. The Board shall allow time for citizens to testify about the proposed variance, but may impose a reasonable time limit upon the testimony and may require speakers to sign up in advance of the hearing. Following Planning Commission and public testimony, the Board shall afford the applicant an opportunity to offer matters in rebuttal or reply to any issue raised during the hearing. The Board shall provide for a written record of its proceedings in the form of minutes, written findings and final orders upon requests before it. The minutes kept by the Board need not be verbatim; an applicant seeking a verbatim record shall be permitted to make a recording of the proceedings or have a transcriptionist present at the hearing, at the applicant's expense.

After closing the hearing, the Board of Adjustments and Appeals shall deliberate and reach a decision on the variance request. The Board's final decision shall be issued in a written final order on the request. Approval of variances or appeals shall require passage by a minimum of three members of the Board of Adjustments and Appeals. The Board may impose conditions in the granting of variances, provided such conditions are directly related to and in rough proportionality to the impact created by the variance. The Zoning Administrator or Town Clerk shall notify the applicant of the Board of Adjustments and Appeals' action.

The decisions of the Board of Adjustments and Appeals shall be subject to judicial review.

No resubmission of a variance application will be allowed for six months without new evidence related to the variance.

(12)

Granted variances become void if the applicant does not proceed substantially on the work within six months. To proceed substantially means to make visible improvement to the property. Up to two extensions of not more than six months each may be granted by the Board of Adjustments and Appeals for good cause.

(13)

Applications for variances will not be accepted from anyone who is not an owner of land for which the application is made.

(14)

All variances that are granted by the Board of Adjustments and Appeals shall be recorded at the office of the Dakota County Recorder.[1]