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:
A. 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]
B. 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.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1; 3-7-2023 by Ord. No. 2023-02]
A. Permit.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Uninhabitable dwellings.
(a)
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.
(b)
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.
(c)
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.
B. 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:
(1) A plan drawn to scale showing the size of the structure, new or to
be remodeled, type of construction, and the estimated cost thereof.
(2) 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.
(3) 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.
C. 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.
D. Fees. The fees for building permits shall be as set forth in Chapter
126, Fees.
(1) 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.
(2) Every permit issued shall become invalid unless all applicable fees
are paid within 30 days of approval by the Town Board.
[Amended 11-9-2022 by Ord. No. 2022-05]
Please refer to the current Minnesota Residential Code prepared
by the International Code Council.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
A. 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.
B. 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.
C. 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]
D. 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.
E. Prohibitions
(1) 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.
(2) There can be no accessory structure without a principal structure
existing on the same parcel.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
A. 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.
B. 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.
C. 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.
[Amended 3-14-2011 by Ord. No. 2011-01]
A. 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:
(4) Location of house, garage, fencing and other features on the lot.
(5) Location of structures on all adjacent lots.
(6) Location of filter unit, pump and wiring (involving type).
(7) Location of backflush and drainage outlet.
(8) Grading plan, finished elevations and final treatment (decking, landscaping,
etc.) around pool.
(9) Location of existing overhead or underground wiring, utility easements,
trees and similar fixtures.
B. Safety fence. All swimming pools requiring a permit shall be completely
enclosed by approved safety fencing.
(1) 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.
(2) 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.
(3) Self-contained hot tubs or spas equipped with a locking cover do
not need a separate safety fence.
(4) 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:
(a)
The pool shall be equipped with a powered safety cover; or
(b)
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
(c)
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
(d)
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).
(5) 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.
(6) Barriers shall be located to prevent any permanent structures, equipment,
or similar objects from being used to climb the barriers.
C. Performance standards.
(1) 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.
(2) 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.
(3) 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.
(4) Pools shall not be located beneath overhead utility lines, nor over
underground utility lines of any type.
(5) Pools shall not be located within any private or public utility,
walkway, drainage or other easement.
(6) 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.
(7) 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.
(8) Lighting for the pool shall be directed into or onto the pool, and
not onto adjacent property.
(9) Water in the pool shall be maintained in a suitable manner to avoid
health hazards of any type.
(10)
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.
(11)
Any proposed deviation from these standards shall require a
variance in accordance with normal zoning procedures.
D. Application. The requirements of this section apply to pools installed
after the effective date of this chapter.
E. 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.
(2) The
discharge line shall not be nearer than 20 feet from any septic drain
field.
(3) Sump
pump water can be discharged into an approved drainage system specifically
designed for the discharge of sump pump water.
(4) The
discharge line shall be set back no nearer than 30 feet from adjacent
or neighboring property lines.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
A. A building permit shall be required for all aircraft hangars, whether
temporary or permanent.
B. 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.
C. 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.
[Amended 8-13-2007 by Res. No. 59]
A. 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.
B. The following temporary structures or uses are permitted:
(1) 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.
(2) Any temporary building for uses incidental to construction work,
provided that such building shall be removed upon the completion of
the construction work.
(3) 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.
C. All other temporary uses or structures are prohibited in Eureka 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
[Amended 8-13-2007 by Res. No. 59]
A. Wireless telecommunications facilities.
(1) 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:
(a)
Facilitate the provision of wireless telecommunications services
to the residents and businesses of the Township of Eureka;
(b)
Minimize adverse visual effects of wireless telecommunications
towers through careful design and sitting standards;
(c)
Avoid potential damage to adjacent properties from wireless
telecommunications tower failure through structural standards and
setback requirements; and
(d)
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.
(2) 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.
(3) Permitted and conditionally permitted towers.
(a) The following towers are permitted in all zoning districts if in compliance with the performance standards set forth in Subsection
A(4):
[1]
Towers located in the following locations:
[a] Church sites, when camouflaged as steeples or bell
towers; and
[b] Government, school, utility and institutional sites.
[2]
Wall or roof-mounted towers.
(b) All other cell phone towers or wireless communications facilities
require a conditional use permit.
(c) All transmitting towers require a conditional use permit.
[Added 9-9-2019 by Ord.
No. 2019-01]
(4) Performance standards. All towers erected within the Township of
Eureka must conform to the applicable performance standards contained
in this section.
(a)
Co-location requirements. All towers erected, constructed or
located within the Township shall comply with the following requirements:
[1]
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:
[a] 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.
[b] 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.
(b)
Construction and maintenance of towers; tower and antenna design
requirements. Proposed or modified towers and antennas shall meet
the following design requirements:
[1]
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]
[2]
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.
(c)
Tower setbacks. Towers shall conform with each of the following
minimum setback requirements:
[1]
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]
[2]
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.
[3]
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]
(d)
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.
[1]
In all zoning districts, the maximum height of any tower, including
antennas and other attachments, shall not exceed 200 feet.
[2]
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.
[3]
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:
[1]
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.
[2]
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.
(5) Application. Applications for approval to construct towers shall
include information as required in this chapter.
B. Energy windmills.
(1) 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]
(a)
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.
(b)
No more than one WECS per lot shall be permitted.
(c)
The permitted maximum height of a WECS shall be determined in
one of two ways:
[1]
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.
[2]
A maximum of 60 feet in Agricultural District.
[3]
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.
(d)
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:
[1]
An automatic braking system device capable of halting operation
in high winds (40 miles per hour or greater) shall be incorporated.
[2]
The WECS shall be operated and maintained in a condition which
will not cause unreasonable noise emissions levels.
[3]
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.
C. 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.
(1) Accessory
solar energy systems (ASES).
(a) Approvals required.
[1] Roof-mounted and building-mounted ASES are allowed as accessory uses
and structures.
[a]
No Township land use permit is required.
[b]
The owner or contractor shall obtain a building and mechanical
permit before installing a roof-mounted or building-mounted ASES.
[2] 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]
[3] 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]
(b) Performance standards.
[1] Standard for all ASES.
[a]
Electric ASES components must have an Underwriters' Laboratories,
Inc. (UL) listing.
[b]
All ASES shall comply with the Minnesota State Building Code
and Electric Code.
[2] Roof-mounted and building-mounted ASES.
[a]
Roof-mounted ASES shall comply with the accessory structure
setbacks.
[b]
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.
[3] Ground-mounted ASES.
[a]
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).
[b]
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]
[Amended 8-13-2007 by Res. No. 59]
A. 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:
(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.
(2) 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.
(3) The structure and site shall have an appearance that will not have
an adverse effect upon adjacent properties.
(4) The use is reasonably related to the existing land use.
(5) 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.
(6) The use is not in conflict with the Comprehensive Plan of the Township.
(7) The use will not cause traffic hazards or congestion.
B. Conditions of approval.
(1) 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:
(a)
Increasing the required lot size or yard dimension;
(b)
Limiting the height, size or location of buildings;
(c)
Controlling the location and number of vehicle access points;
(d)
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
(2) 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.
C. Procedure.
(1) Applications for conditional use permits will not be accepted from
anyone who is not an owner of land for which the application is made.
(2) 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.
(3) 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]
(4) The Zoning Administrator shall refer the application to the Planning
Commission for review.
(5) 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.
(6) The petitioner or a legally authorized representative shall appear
before the Planning Commission in order to present evidence concerning
the proposed conditional use.
(7) 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.
(8) 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.
(9) 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.
(10)
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.
(11)
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.
[Amended 8-13-2007 by Res. No. 59]
A. 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:
(1) The interim use is identified as a permitted interim use in the zoning
district where the property is located.
(2) The interim use will meet or exceed the performance standards set
forth in this chapter and other applicable Township ordinances.
(3) The interim use complies with the specific standards for the use
identified in the ordinances allowing the interim use.
(4) The date or event that will terminate the use can be identified with
certainty.
(5) 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.
(6) 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]
(7) 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.
(8) 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.
(9) The structure and site shall have an appearance that will not have
an adverse effect upon adjacent properties.
(10)
The use will not cause traffic hazards or congestion.
B. 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:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location or lighting of signs;
(7) Requiring diking, fencing, screening, landscaping or other facilities
to protect adjacent or nearby property;
(8) Designation of open space; and
C. Procedure.
(1) Applications for interim use permits will not be accepted from anyone
who is not an owner of land for which the application is made.
(2) 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.
(3) 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 an interim use permit via
first-class mail.
[Amended 6-14-2010 by Ord. No. 2010-1]
(4) The Zoning Administrator shall refer the application to the Planning
Commission for review.
(5) 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.
(6) 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]
(7) 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.
(8) 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.
(9) 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.
(10)
No application for an interim use permit shall be resubmitted
for a period of six months from the date of said order of denial.
(11)
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.
D. Termination. An interim use permit shall terminate on the occurrence
of any of the following events, whichever first occurs:
(1) 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
(2) Upon violation of a condition under which the permit was issued.