{"id":30,"date":"2025-06-16T16:44:49","date_gmt":"2025-06-16T16:44:49","guid":{"rendered":"https:\/\/smileytownship.org\/?page_id=30"},"modified":"2025-06-16T16:44:49","modified_gmt":"2025-06-16T16:44:49","slug":"zoning","status":"publish","type":"page","link":"https:\/\/smileytownship.org\/index.php\/zoning\/","title":{"rendered":"Zoning"},"content":{"rendered":"\n

SMILEY TOWNSHIP<\/strong><\/p>\n\n\n\n

\nZONING\nORDINANCE<\/p>\n\n\n\n

\nAugust 2018<\/em><\/p>\n\n\n\n

\nContents<\/strong><\/h1>\n\n\n\n

ARTICLE\n\tI. PURPOSE \t4<\/a><\/p>\n\n\n\n

ARTICLE\n\tII. DISTRICTS\t5<\/a><\/p>\n\n\n\n

ARTICLE\n\tIII. DEFINITIONS\t6<\/a><\/p>\n\n\n\n

ARTICLE\n\tIV. GENERAL REGULATIONS\t9<\/a><\/p>\n\n\n\n

SECTION\n\t1. Compliance Required. \t9<\/a><\/p>\n\n\n\n

SECTION\n\t2. Approval of Plats.\t9<\/a><\/p>\n\n\n\n

SECTION\n\t3. Buildings under Construction. \t9<\/a><\/p>\n\n\n\n

SECTION\n\t4. Essential Services. \t9<\/a><\/p>\n\n\n\n

SECTION\n\t5. Excavating of Mineral Material.\t9<\/a><\/p>\n\n\n\n

SECTION\n\t6. Fences. \t11<\/a><\/p>\n\n\n\n

SECTION\n\t7. Dumping and Disposal of Rubbish.\t11<\/a><\/p>\n\n\n\n

SECTION\n\t8. Junkyard Maintenance.\t12<\/a><\/p>\n\n\n\n

SECTION\n\t9. Sanitary Provisions.\t12<\/a><\/p>\n\n\n\n

SECTION\n\t10. Lagoons. \t12<\/a><\/p>\n\n\n\n

SECTION\n\t11. Feedlots and Kennels. \t12<\/a><\/p>\n\n\n\n

SECTION\n\t12. Racetracks and Racing.\t14<\/a><\/p>\n\n\n\n

SECTION\n\t13. Signs and Billboards.\t14<\/a><\/p>\n\n\n\n

SECTION\n\t14. Buffer.\t16<\/a><\/p>\n\n\n\n

SECTION\n\t15. Explosives.\t17<\/a><\/p>\n\n\n\n

SECTION\n\t16. Bulk Storage (Liquid). \t17<\/a><\/p>\n\n\n\n

SECTION\n\t17. Dwelling Units Prohibited.\t17<\/a><\/p>\n\n\n\n

SECTION\n\t18. Shoreland Setbacks.\t17<\/a><\/p>\n\n\n\n

ARTICLE\n\tV. AR – AGRICULTURAL RESIDENTIAL DISTRICT\t18<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose.\t18<\/a><\/p>\n\n\n\n

SECTION\n\t2. Permitted Uses. \t18<\/a><\/p>\n\n\n\n

SECTION\n\t3. Conditional Uses.\t18<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t20<\/a><\/p>\n\n\n\n

ARTICLE\n\tVI. SR – SUBURBAN RESIDENTIAL DISTRICT \t21<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose\t21<\/a><\/p>\n\n\n\n

SECTION\n\t2. The following uses shall be permitted:\t21<\/a><\/p>\n\n\n\n

SECTION\n\t3. Uses Requiring Conditional Use Permits.\t21<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t21<\/a><\/p>\n\n\n\n

ARTICLE\n\tVII. CM – COMMERCIAL DISTRICT \t24<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose. \t24<\/a><\/p>\n\n\n\n

SECTION\n\t3. Conditional Uses.\t25<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t25<\/a><\/p>\n\n\n\n

ARTICLE\n\tVIII. ID – INDUSTRIAL DISTRICT\t26<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose. \t26<\/a><\/p>\n\n\n\n

SECTION\n\t2. Permitted Uses.\t26<\/a><\/p>\n\n\n\n

SECTION\n\t3. Conditional Uses.\t26<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t28<\/a><\/p>\n\n\n\n

ARTICLE\n\tIX. FP – FLOOD PLAIN DISTRICT\t29<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose.\t29<\/a><\/p>\n\n\n\n

SECTION\n\t2. The following uses shall be permitted:\t29<\/a><\/p>\n\n\n\n

SECTION\n\t3. Uses Requiring Conditional Use Permits:\t29<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t29<\/a><\/p>\n\n\n\n

ARTICLE\n\tX. PR – PARKS AND RECREATION DISTRICT\t30<\/a><\/p>\n\n\n\n

SECTION\n\t1. Purpose.\t30<\/a><\/p>\n\n\n\n

SECTION\n\t2. The following uses shall be permitted:\t30<\/a><\/p>\n\n\n\n

SECTION\n\t3. Uses Requiring Conditional Use Permits:\t30<\/a><\/p>\n\n\n\n

SECTION\n\t4. Performance Standards.\t30<\/a><\/p>\n\n\n\n

ARTICLE\n\tXI. NON-CONFORMING USE\t31<\/a><\/p>\n\n\n\n

ARTICLE\n\tXII. ADMINISTRATION\t32<\/a><\/p>\n\n\n\n

SECTION\n\t1. Zoning Permits.\t32<\/a><\/p>\n\n\n\n

SECTION\n\t2. Site Plan.\t32<\/a><\/p>\n\n\n\n

SECTION\n\t3. Conflict with other Laws.\t33<\/a><\/p>\n\n\n\n

SECTION\n\t4. Administration and Enforcement.\t33<\/a><\/p>\n\n\n\n

SECTION\n\t5. Conditional use Permits.\t33<\/a><\/p>\n\n\n\n

SECTION\n\t6. Appeals.\t35<\/a><\/p>\n\n\n\n

SECTION\n\t7. Zoning Amendments.\t36<\/a><\/p>\n\n\n\n

SECTION\n\t8. Variances.\t37<\/a><\/p>\n\n\n\n

SECTION\n\t9. Violations and Penalties.\t39<\/a><\/p>\n\n\n\n

SECTION\n\t10. Effective Date.\t40<\/a><\/p>\n\n\n\n

\nSMILEY\nTOWNSHIP ZONING ORDINANCE<\/strong><\/p>\n\n\n\n

\nAN ORDINANCE PROVIDING FOR THE\nZONING OF THE UNINCORPORATED<\/strong><\/p>\n\n\n\n

\nAREAS OF SMILEY TOWNSHIP,\nPENNINGTON COUNTY, MINNESOTA<\/strong><\/p>\n\n\n\n

\nTHE TOWN BOARD OF THE TOWNSHIP\nOF SMILEY ORDAINS AS FOLLOWS:<\/strong><\/p>\n\n\n\n

\nARTICLE I. PURPOSE\n \n<\/h1>\n\n\n\n

\nThe primary purpose of this\nOrdinance is to insure, promote, and protect the public health,\nsafety, and general welfare of the inhabitants of the Township of\nSmiley. This will be accomplished by: \n<\/p>\n\n\n\n

\n\t1.\tProtecting and conserving the\ncharacter, social, environmental, and economic stability of the\nDistricts; and<\/p>\n\n\n\n

\n\t2.\tPreventing undue congestion\nof population growth and development; and<\/p>\n\n\n\n

\n\t3.\tFacilitating adequate and\neconomical provisions for transportation, water supply and sewage\ndisposal, schools, recreation, and other public services; and \n<\/p>\n\n\n\n

\n\t4.\tCoordinating growth and\ndevelopment planning and regulation with the City of Thief River\nFalls.<\/p>\n\n\n\n

\nARTICLE II. DISTRICTS<\/h1>\n\n\n\n

\nA.\tThe unincorporated area of the\nTownship is hereby divided into the following Districts:<\/p>\n\n\n\n

\nAR – Agricultural Residential \n<\/p>\n\n\n\n

\n\tSR – Suburban Residential<\/p>\n\n\n\n

\n\tUR – Urban Residential<\/p>\n\n\n\n

\n\tCM – Commercial \n<\/p>\n\n\n\n

\n\tID – Industrial \n<\/p>\n\n\n\n

\nFP – Flood Plain<\/p>\n\n\n\n

\n\tAC – Airport Clearance<\/p>\n\n\n\n

\nPR – Parks and Recreation \n<\/p>\n\n\n\n

\n\tUA – Urban Agriculture<\/p>\n\n\n\n

\nB.\tThe Districts above named are\nhereby established and shown on the map which shall be referred to as\nthe “Official Zoning Map”, and which map is hereby made a\npart of this Ordinance and copies thereof shall be kept by the Town\nClerk and shall be available for public inspection.<\/p>\n\n\n\n

\nC.\tThis Ordinance shall be\nrecorded in the Office of the County Recorder of Pennington County,\nMinnesota.<\/p>\n\n\n\n

\nD.\tChanges in the Official Zoning\nMap shall be made by the Town Clerk at such times as this Ordinance\nis properly amended as provided herein.<\/p>\n\n\n\n

\nARTICLE III. DEFINITIONS<\/h1>\n\n\n\n

\nA.\tAccessory\nStructure – A\nstructure on the same lot with, and of a nature customarily\nincidental and subordinate to, the principal use or structure.<\/p>\n\n\n\n

\nB.\tAccessory\nUse – A use naturally\nand normally incidental to, subordinate to, and auxiliary to the\npermitted use of the property.<\/p>\n\n\n\n

\nB.1\tBillboards\n– Any sign or structure used for the purpose of advertising products,\nlocations, services, businesses or other items which exceeds 40\nsquare feet in area.<\/p>\n\n\n\n

\nC.\tBuilding\/Principal\n– A building or structure in which is conducted the main or principal\nuse of the lot on which said building or structure is situated.<\/p>\n\n\n\n

\nD.\tDistrict\n– Any section of the Township for which the regulations governing the\nuse of buildings and property are uniform.<\/p>\n\n\n\n

\nE.\tDwelling\n– A dwelling is any house or building or portion thereof which is\noccupied wholly as a home, residence, or sleeping place for one or\nmore human beings, either permanently or transiently. In case of\nmixed occupancy, where a building is occupied in part as a dwelling,\nthe part so occupied shall be deemed a dwelling for the purpose of\nthis Ordinance and shall comply with the provisions thereof relative\nto dwellings.<\/p>\n\n\n\n

\nF.\tDwelling,\nOne Family – A\ndwelling occupied only by one family, and so designed and arranged as\nto provide cooking and kitchen accommodations and sanitary facilities\nfor one family, together with such domestic help as may be necessary\nto service and maintain the dwelling and its occupants.<\/p>\n\n\n\n

\nG.\tDwelling,\nTwo Family – A\ndwelling so designed and arranged as to provide cooking and kitchen\naccommodations and sanitary facilities for occupancy by two families.<\/p>\n\n\n\n

\nH.\tDwelling,\nMultiple – A building\nused or intended to be used as a dwelling, by three or more families\nor as an apartment house or terrace building.<\/p>\n\n\n\n

\nI.\tEssential\nServices – Services,\nincluding but not limited to sewer, water, roads, and other public or\nprivate infrastructures, which are required to maintain public safety\nand well-being. \n<\/p>\n\n\n\n

\nJ.\tFarm\n– A farm is a parcel of property which is worked for commercial\nagricultural production as a single, continuous unit of not less than\n20 acres in extent.<\/p>\n\n\n\n

\nK.\tFarm\nyard – That area of a\nfarm immediately around the farm dwelling where accessory buildings\nare located and are used in conjunction with general agricultural\noperations of the farm.<\/p>\n\n\n\n

\nL.\tFeedlot\n– A place of confined feeding of livestock or other animals for food,\nfur, pleasure, or resale purposes in yards, lots, pens, buildings, or\nother areas not normally used for pasture or crops and in which\nsubstantial amounts of manure or other related wastes may originate\nby reason of such feeding of animals, or where normal grass and land\ncover cannot be maintained due to animal use.<\/p>\n\n\n\n

\nL.1\tFeedlot,\nLarge – Any feedlot\ncontaining 300 or more animal units as defined by State of Minnesota\nfeedlot regulations or any feedlot containing more than 300 beef\ncattle of any size, 225 dairy cattle of any size, 750 hogs over 55\npounds each, 16,200 turkeys of any size, or 30,000 chickens of any\nsize.<\/p>\n\n\n\n

\nL.2\tFeedlot,\nSmall – Any feedlot\ncontaining more than 100 animals units as defined by State of\nMinnesota feedlot regulations or less than 300 animal units as\ndefined in Subsection 16.<\/p>\n\n\n\n

\nL.3\tFeedlot,\nLarge Animal – Any\nfeedlot or location housing large animals such as cattle, horses,\nbuffalo, elk, lamas, hogs, sheep, ostriches.<\/p>\n\n\n\n

\nM.\tHome\nOccupation – Any\noccupation or profession carried on by a member of a family residing\non the property and meeting the following conditions:<\/p>\n\n\n\n

\na. No sign shall be used other\nthan one non-illuminated name plate measuring not more than ten\nsquare feet in area; and \n<\/p>\n\n\n\n

\nb. No person shall be employed\nfor commercial purposes other than a member of the immediate family\nresiding on the property.<\/p>\n\n\n\n

N. Junk Yard – A place maintained for keeping, storing, or piling in commercial quantities, motor vehicles, machinery, and\/or parts thereof, or other metal, or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or a yard for the keeping of un-licensed motor vehicles or the remains thereof, for the purpose of dismantling, sale of parts, sale of scraps, storage, or abandonment. This shall not prohibit the keeping of inoperable un-licensed motor vehicles: within a garage or behind a structure or well away from the road in all Districts. Farm trucks and implements within the Agricultural Districts are exempt from this Section.<\/p>\n\n\n\n

N.1 Kennel – Any residence, facility, property, or building which provides for the care of ten or more dogs.<\/p>\n\n\n\n

\nN.2\tGame\nPreserve – Any\nfacility or property used for commercial raising and\/or hunting of\nnon-domestic animals.<\/p>\n\n\n\n

\nO.\tLot\n– A lot is any piece or parcel of property occupied, or to be\noccupied, by a building or structure, or by other activity permitted\nthereon and including the open space as required under this\nOrdinance. A lot need not be a lot existing of record.<\/p>\n\n\n\n

\nP.\tManufactured\nHome – A structure,\nnot affixed to or part of property, transportable in one or more\nsections, and which is built on a permanent chassis and designed to\nbe used as a dwelling, with or without a permanent foundation, when\nconnected to the required utilities, and includes the plumbing,\nheating, air conditioning, and\/or electrical systems contained in it.<\/p>\n\n\n\n

\nQ.\tManufactured\nHome Park – Any site,\nlot, field, or tract of property upon which two or more occupied\nmanufactured homes are located, either free of charge or for\ncompensation, and includes any building, structure, tent, vehicle, or\nenclosure used, or intended for use, as part of the equipment of the\nmanufactured home park.<\/p>\n\n\n\n

    \n

  1. \tPlanning Commission
    \t– A planning commission shall be established consisting of three to
    \tfive members which may include Township Officials. The Town Board
    \tmay appoint the Town Board as the planning commission.
    <\/li>\n<\/ol>\n\n\n\n

    \nS.\tPlatted\n– Any site surveyed by a registered land surveyor and presented in a\nform which meets the requirements to be recorded with the Pennington\nCounty Recorder as a legal plat.<\/p>\n\n\n\n

    \nS.1\tRacing\n– An unorganized or organized event which involves repeatedly\ndetermining, practicing, or testing the performance of a motor\nvehicle in relationship to other vehicles or in relationship to\nmeasured periods of time or speed.<\/p>\n\n\n\n

    \nS.2\tRacetrack\n– An improved site used for the purpose of racing repeatedly at a\nspecific location.<\/p>\n\n\n\n

    \nT.\tStructure\n– Anything constructed or erected, the use of which requires location\non the ground or attachment to something having location on the\nground.<\/p>\n\n\n\n

    \nU.\tStructure\nAlteration – Any\nchanges in the supporting members of a structure, such as bearing\nwalls, columns, beams, or girders or any substantial change in the\nroof or exterior walls.<\/p>\n\n\n\n

    \nV.\tWaterfront\n– Property adjoining water, either a river or a lake, or within 300\nfeet thereof.<\/p>\n\n\n\n

    \nW.\tZoning\nMap – The areas\ncomprising the Zoning Districts and boundaries of said Districts, as\nshown upon the maps attached hereto and made a part of this\nOrdinance, being designated as Township of Smiley Official Zoning\nMap, with all proper notations, references, and other information\nshown thereon.<\/p>\n\n\n\n

    \nARTICLE IV. GENERAL REGULATIONS<\/h1>\n\n\n\n

    \nThe following regulations in this\nSection shall apply to all Districts:<\/p>\n\n\n\n

    \nSECTION 1. Compliance\nRequired. \n<\/h2>\n\n\n\n

    \nNo property, building, structure,\nor a part thereof may be erected, altered, constructed,\nreconstructed, maintained, used, or occupied except in conformity\nwith the provisions of this Ordinance.<\/p>\n\n\n\n

    \nSECTION 2. Approval\nof Plats.<\/h2>\n\n\n\n

    \nA.\tNo new construction which\ninvolves the subdivision of existing parcels shall be approved unless\nthe lots within such plats shall be equal to, or exceed the minimum\nsize and width as required for the District in which the property is\nlocated, and unless the plat fully conforms with the statutes of the\nState of Minnesota, and any ordinances of Pennington County,\nMinnesota, as adopted by the Pennington County Board of\nCommissioners. \n<\/p>\n\n\n\n

    \nB.\tNo proposed plat of any\nconstruction shall be approved unless it meets the following\nconditions:<\/p>\n\n\n\n

    \n1.\tThe construction is not within\nthe 100 year floodplain as outlined in the Federal Emergency\nManagement Agency Flood Insurance Rate Map for the Township;<\/p>\n\n\n\n

    \n2.\tConstruction is within the\nsetbacks for appropriate District;<\/p>\n\n\n\n

    \n3.\tThe drain field or septic tank\nis located at least 50 feet from any boundary line or 100 feet from\nany existing well; and<\/p>\n\n\n\n

    \n4.\tSeptic system design and\nplacement meets all state and county requirements.<\/p>\n\n\n\n

    \nSECTION 3. Buildings\nunder Construction. \n<\/h2>\n\n\n\n

    A. Any buildings or structures, the construction of the whole or a part of which has been started prior to the effective date of this Ordinance, may be completed.<\/p>\n\n\n\n

    B. New or Existing Driveways.
    Paving or resurfacing a new or existing driveway will not require a permit.<\/p>\n\n\n\n

    \nSECTION 4. Essential\nServices. \n<\/h2>\n\n\n\n

    \nEssential services shall be\npermitted in all Districts as authorized and regulated by law and\nother ordinances, it being the intention hereof to exempt such\nessential services from the application of this Ordinance.<\/p>\n\n\n\n

    \nSECTION 5. Excavating\nof Mineral Material.<\/h2>\n\n\n\n

    \nA.\tThe use of property for the\nexcavation for commercial purposes of mineral material or removal of\ntopsoil, sand, or gravel is not permitted in any District, except by\nthe granting of a permit by the Town Board, Town Board Chairman, or\nTown Clerk. The Town Board shall establish an application for the\npermit. In no case shall excavation be allowed in a Residential\nDistrict. No public hearing shall be required for a permit for such\npurpose as outlined under this Section. The sole purpose of the\npermit under this Section is to allow the Town Board to set those\nconditions necessary for the preservation of the public health,\nwelfare, and safety by setting such conditions as to guarantee proper\nmanagement of those areas used for the purposes outlined in this\nSection. Subject to the approval of the Town Board, any land from\nwhich any deposits have been removed shall be leveled and prepared\nfor original use as close as practicable, after the removal of the\nmaterial. This Section shall take precedence over any conflicting\nSections of this Ordinance. The Town Board shall have the right to\nestablish and amend conditions from time to time.<\/p>\n\n\n\n

    \nB.\tApplications for a permit\nshall be acted upon within 30 days from the date of receipt of the\ncomplete application or the application shall be deemed approved\nsubject to the terms and conditions contained herein. Permits shall\nbe effective for a period of one year from the date granted. Permits\nshall automatically renew upon the payment of the permit fee if paid\nprior to the expiration of the permit. The Town Board, Town Board\nChairman, or Town Clerk can refuse to automatically renew a permit if\nthe permit holder has violated any terms or conditions of this\nOrdinance.<\/p>\n\n\n\n

    \nC.\tConditions for Permit Holder\nfor Excavating of Mineral Material. The following conditions must be\nfollowed when removing sand and gravel pursuant to a permit issued by\nthe Town Board:<\/p>\n\n\n\n

    \n1.\tReclamation. All property used\nfor excavation of sand and gravel shall be reclaimed. The owner of\nthe property at the time the sand and gravel are excavated shall be\nresponsible for the reclamation. Top soil shall be preserved. The\nproperty from which the sand and gravel have been removed shall be\nleveled and prepared for original use as close to practicable,\nincorporating use of all top soils that were removed and stored. The\nreclamation shall start once three acres have been excavated or\nexcavation ceases, whichever is the first to occur. The property\nshall be re-seeded with a cover grass as recommended by the Town\nBoard or the Pennington County Extension Office. Reclamation shall\nbe completed within three years of the required reclamation starting\ntime.<\/p>\n\n\n\n

    \n2.\tWeeds. Weed and brush growth\nshall not be allowed in areas that are being prepared for excavation\nor are being excavated.<\/p>\n\n\n\n

    \n3.\tAccess. Ingress and egress\nfrom the area being excavated shall be over the most direct route to\na hard surfaced (blacktop, concrete, or other similar material) road\nunless directed by the Town Board. All roads shall be watered down\nto reduce dust.<\/p>\n\n\n\n

    \n4.\tRoads. All roads that are used\nto haul the sand and gravel shall be maintained to allow normal\ntraffic to freely use the roads. These roads shall also be watered\nwith calcium chloride or other material as approved by the Town Board\nto reduce dust. Upon completion of the hauling, or at the direction\nof the Town Board, all roads must be immediately returned to the\ncondition that existed prior to the start of the hauling or to a\ncondition agreed upon with the Town Board. The Town Board shall have\nthe right to direct the permit holder in maintenance of roads if the\npermit holder does not maintain the roads in a satisfactory\ncondition.<\/p>\n\n\n\n

    \n5.\tWater. The removal of sand and\ngravel shall take into consideration the water table, surrounding\nwater uses, and all state and federal requirements concerning ground\nwater. The removal of sand and gravel shall not contaminate ground\nwater and shall not prevent any surrounding uses from using ground\nsource water.<\/p>\n\n\n\n

    \n6.\tCrusher. A crusher may be\noperated within the permit area. The crusher shall not be placed\nwithin 100 feet of the boundary of the permit area. The hours of\noperation of the crusher shall be the same as the hours of operation\nof the sand and gravel pit, however, the Town Board, Town Board\nChairman, or Town Clerk may reduce those hours of operation depending\non location and other pertinent factors.<\/p>\n\n\n\n

    \n7.\tHours. Operation of a sand and\ngravel pit, with related uses, shall be restricted to the hours of\n6:00 A.M. to 10:00 P.M.<\/p>\n\n\n\n

    8. Violation. Violation of any of these conditions shall be considered a violation pursuant to Article XII, Section 9 of this Ordinance. The Town Board shall also have the right to suspend a permit for violation of these conditions. Within ten days of suspension of a permit, the permit holder shall have the right to request a hearing before the Town Board. The request shall be in writing, shall be mailed by certified mail, return receipt requested, to the Town Clerk, and the hearing shall be held within 30 days of the receipt of the request by the Town Clerk and the Town Board shall make a decision within ten days of the hearing. Prior to the decision, the excavation of sand and gravel shall stop. In hearing an appeal, the Town Board shall have the right to allow the permit holder to continue while insuring that these conditions will be met or it shall have the right to revoke the permit, or it shall have the right to modify the permit.<\/p>\n\n\n\n

    \n9.\tPermit Fee. The Town Board\nshall have the right to establish a fee for a permit to remove sand,\ngravel, or mineral material by resolution, which resolution may be\namended from time to time.<\/p>\n\n\n\n

    \n10.\tException. Property owners\nshall be allowed to excavate up to 500 yards of sand or gravel per\nyear from their own property for their own personal use without\ncomplying with the conditions set forth above.<\/p>\n\n\n\n

    \nSECTION 6. Fences.\n \n<\/h2>\n\n\n\n

    \nNo fence, wall structure,\nplanting, or obstruction shall be permitted over three feet in height\nwithin 100 feet of any corner of any road, highway, or street\nright-of-way in order to insure traffic visibility across the corner.\n This is not to include wire fence which does not obstruct\nvisibility.<\/p>\n\n\n\n

    \nSECTION 7. Dumping\nand Disposal of Rubbish.<\/h2>\n\n\n\n

    \nA.\tThe use of property for the\ndumping or disposal of solid waste, hazardous waste, or nuclear waste\nis not permitted except as outlined under Industrial Districts or as\nset forth in Article IV., Section 7.B.<\/p>\n\n\n\n

    \nB.\tLand Treatment of Petroleum\nContaminated Soil. The use of the property for land treatment of\npetroleum contaminated soil is permitted should a permit from the\nState of Minnesota be obtained for land treatment of petroleum\ncontaminated soil and should a permit from the Town Board for land\ntreatment of petroleum contaminated soil also be obtained. Any\nproperty used for treatment of petroleum contaminated soil shall\ncomply with all state and federal regulations.<\/p>\n\n\n\n

    \nBoth the property owner and\nperson obtaining the permit shall be fully responsible for complying\nwith all state and federal regulations.<\/p>\n\n\n\n

    \nSECTION 8. Junkyard\nMaintenance.<\/h2>\n\n\n\n

    \nA.\tThe use of property as a junk\nyard as defined within this Ordinance shall require a conditional use\npermit wherever situated. \n<\/p>\n\n\n\n

    \nUnless the Town Board finds that\nit is injurious to the health, welfare, and safety of the\nindividuals, the junkyards in existence at the effective date of this\nOrdinance, may continue in service by obtaining this conditional use\npermit. The permit will be granted upon showing that the junkyard\noperation is not expanded nor enlarged in scope. Such permits shall\nbe subject to review and revocation if there is any evidence of\nenlargement or expansion of the junkyard operation. The fee for a\nconditional use permit for the junkyards in existence at the time of\nthis Ordinance shall be set by the Town Board by resolution, which\nresolution may be amended from time to time.<\/p>\n\n\n\n

    \nB.\tAll junkyards established\nafter the effective date of this Ordinance, shall be screened from\nroads and developed areas with a solid site obscuring fence or wall 8\nfeet or more in height, which shall be maintained in good condition. \nNo junkyards shall be established closer than 1,000 feet from any\nfederal or state roads or closer than 500 feet from any other road,\ncounty ditch, Township ditch, or waterway.<\/p>\n\n\n\n

    \nSECTION 9. Sanitary\nProvisions.<\/h2>\n\n\n\n

    \nUnless sewers are constructed or\nin operation, all sewage facilities shall be connected to approved\nseptic tanks and disposal fields meeting at least the minimum\nstandards set forth by the County of Pennington and the State of\nMinnesota. This provision shall not apply to temporary construction\nsites or portable units used in farming operation. When sewers are\navailable, all connections shall be to the sewer system.<\/p>\n\n\n\n

    \nSECTION 10. Lagoons.\n\n<\/h2>\n\n\n\n

    \nLagoons for the treating of\nanimal wastes or products of public wastewater systems shall be at\nleast 2,000 feet from any dwelling, except that of the owner. \n<\/p>\n\n\n\n

    \nSECTION 11. Feedlots\nand Kennels.\t\t\t\t<\/h2>\n\n\n\n

    \nA.\tPermits<\/p>\n\n\n\n

    \n\t1.\tLarge Feedlots (300 + animal\nunits) or any feedlot with liquid manure storage shall apply for a\nconditional use permit prior to establishment.<\/p>\n\n\n\n

    \n\t2.\tSmall Feedlots (100 to 300\nanimal units) shall apply for a conditional use permit if located\nwithin 1,000\nfeet of a residential dwelling or a zoning permit with Town Board\nreview in any other location. \n<\/p>\n\n\n\n

    \n3.\tPermit applications for\nfeedlots and kennels shall consider provisions for odor management,\nair quality management, landscaping, natural barriers, buffers, or\nother means of maintaining separation between residential and\nagricultural uses in order to operate as a good neighbor.<\/p>\n\n\n\n

    \n\t4.\tKennels\n(10 to 100 animals of any kind) shall apply for a zoning permit with\nTown Board review if located within 500 feet of a residential\ndwelling. Large Animal Feedlots (see definition of Large Animal\nFeedlot verses Large Feedlot) shall apply for a zoning permit with\nTown Board review if located within 1,000 feet of any residential\ndwelling.<\/p>\n\n\n\n

    \n5.\tResidential Uses – Residential\nuses must secure a conditional use permit if located within 1,000\nfeet of a large or small feedlot. Zoning permit applications for\nresidential uses in agricultural districts shall consider provisions\nfor landscaping, natural barriers, buffers, or other means of\nmaintaining separation between residential and agricultural uses in\norder to operate as a good neighbor. \n<\/p>\n\n\n\n

    \n6.\tThe Township Board may modify\npermit fees, conditional use permit requirements, setback\nrequirements, or other feedlot related provisions of the ordinance to\nencourage the use of methane digesters, bio-filters, or other proven\nodor reducing technologies. Consideration of such modifications\nshall be done through the use of the zoning permit process with\nreview by both the Town Board and the Pennington County Feedlot\nOfficer. \n<\/p>\n\n\n\n

    \nB.\tSetbacks\n– Feedlots must be a minimum of 1000 feet and kennels must be a\nminimum of 500 feet from any residential dwelling, and residential\ndwellings must be a minimum of 1000 feet from any feedlot or 500 feet\nfrom any kennel, with the exceptions of the owner. This requirement\nshall not apply where a written waiver is obtained by the feedlot\noperator or residential dweller.<\/p>\n\n\n\n

    \nC. \tRequirements – Conditional\nuse permits for all Feedlots shall include manure, rodent control,\nand appearance plans which address current best management practices\nas established by the Minnesota Department of Agriculture.<\/p>\n\n\n\n

    \nD. \tAir Quality – All feedlots\nand kennels shall meet air quality standards as established by the\nMinnesota Pollution Control Agency. \n<\/p>\n\n\n\n

    \nE.\tAir Quality Determinations<\/p>\n\n\n\n

    \n1.\tTownship residents or the\nPennington County Feedlot Officer may request that the Township Board\nmake an air quality determination if there is adequate evidence to\nsuggest air quality standards are not being met by a feedlot or\nkennel. \n<\/p>\n\n\n\n

    \n2.\tIf the Township Board\ndetermines testing is warranted, the Board shall define and implement\nappropriate air quality testing procedures. \n<\/p>\n\n\n\n

    \n3.\tIf the Township Board\ndetermines the air quality testing establishes a violation of air\nquality standards, the owner shall be required to establish and\nimplement an air quality management plan.<\/p>\n\n\n\n

    \n\t4.\tThe feedlot\/kennel owner or\ntownship residents may request additional Township approved testing\nfor Township consideration of an air quality violation, but will be\nresponsible for any additional costs. When the Township approves any\ntesting, and a violation of air quality standards is established, the\nfeedlot\/kennel owner shall be responsible for the costs of the\ntesting.<\/p>\n\n\n\n

    \n5.\tIf the air quality management\nplan is not established and implemented within a 60 day time period\nor if the odor management plan fails to prevent additional violations\nof air quality standards within a 180 day time period, the property\nowner shall be considered in violation of this ordinance.<\/p>\n\n\n\n

    \nF.\tOther Permits – All feedlots\nand kennels shall obtain State and Federal permits prior to final\nsite approval by the Town Board. Applicants for a Township Permit\nrelated to feedlots or kennels must contact the Pennington County\nFeedlot Officer prior to starting the Township permitting process. \nThe Township feedlot permitting process shall be operated in\nconjunction with the Pennington County feedlot permitting process and\nno Township feedlot permit may be issued, modified, or acted upon\nwithout review and comment from the Pennington County Feedlot\nOfficer.<\/p>\n\n\n\n

    \nSECTION 12. Racetracks\nand Racing.<\/h2>\n\n\n\n

    \nA.\tAll racetracks shall be\nconsidered a conditional use and must be located in an Industrial\nZone. \n<\/p>\n\n\n\n

    \nB.\tRepeatedly racing at an\nimproved or unimproved site which exceeds any of the following\nconditions shall be considered a racetrack:<\/p>\n\n\n\n

    \n1.\tInvolves three or more motor\nvehicles.<\/p>\n\n\n\n

    \n\t2.\tOperates before 10:00 am or\nafter 3:00 pm.<\/p>\n\n\n\n

    \n\t3.\tOperates with any number of\nmotor vehicles before 8:00 am or after 8:00 pm.<\/p>\n\n\n\n

    \n\t4.\tOperates with any number of\nmotor vehicles on a continuous basis for 2 or more hours in a 24 hour\nperiod.<\/p>\n\n\n\n

    \n\t5.\tOperates for a commercial\npurpose<\/p>\n\n\n\n

    \nC.\tNo racetrack shall be\npermitted within 1,000 feet of any dwelling.<\/p>\n\n\n\n

    \nSECTION 13. Signs\nand Billboards.<\/h2>\n\n\n\n

    \nA.\tThe purpose of this Section is\nto protect, insure, maintain, and regain the natural and scenic\nbeauty and attractiveness of the Township and to insure public\nsafety. Signs are recognized as accessory uses and are permitted in\nall Districts, subject to the regulations of this Ordinance.<\/p>\n\n\n\n

    \nB.\tNo sign is allowed that is a\nhazard to the public health, safety, convenience, welfare, or that\nprevents ingress or egress from any door, window, or fire escape that\ntends to accumulate debris as a fire hazard, or that is attached to a\nstandpipe or fire escape.<\/p>\n\n\n\n

    \nC.\tSigns shall not resemble,\nimitate, or approximate the shape, size, form, or color of railroad\nor traffic signs, signals, or devices. No sign shall be placed so as\nto obstruct or interfere with traffic visibility or traffic control.<\/p>\n\n\n\n

    \nD.\tPrivate signs are prohibited\nwithin the public right-of-way of any street or easement.<\/p>\n\n\n\n

    \nE.\tAll signs on state and federal\nhighway right-of-ways shall conform to state and federal sign\nregulations.<\/p>\n\n\n\n

    \nF.\tThe following signs are\npermitted in all districts without a zoning permit subject to the\nspecific standards indicated.<\/p>\n\n\n\n

    \n\t1.\tSigns over show windows or\ndoors of a non-conforming business establishment, announcing without\ndisplay or elaboration, only the name and occupation of the\nproprietor, and not to exceed 40 square feet in area, four feet in\nheight, or ten feet in length.<\/p>\n\n\n\n

    \n\t2.\tReal estate signs not to\nexceed 16 square feet in area which advertise the sale, rental, or\nlease of the property upon which the sign is temporarily located.<\/p>\n\n\n\n

    \n\t3.\tName, occupation and warning\nsigns not to exceed 16 square feet in area located on the property.<\/p>\n\n\n\n

    \n\t4.\tMemorial signs, tablets, and\nnames of buildings and date of erection, when cut into any masonry\nsurface or when constructed of metal and affixed flat against a\nstructure.<\/p>\n\n\n\n

    \n\t5.\tOfficial signs such as\ntraffic control, parking regulations, information, and notices.<\/p>\n\n\n\n

    \n\t6.\tConstruction signs not\nexceeding 32 square feet in area shall be allowed in all Districts\nduring construction. Such signs shall be removed when the project is\ncompleted.<\/p>\n\n\n\n

    \n\t7.\tTemporary signs or banners\nwhen authorized by the Town Board.<\/p>\n\n\n\n

    \n8.\tTemporary signs for the\nadvertisement of rummage, yard sales, or community events which do\nnot exceed 3 square feet in area and which are not displayed for more\nthe 5 days in any 30 day period. \n<\/p>\n\n\n\n

    \n\t9.\tPolitical signs of any size\nprovided the sign is removed 10 days after the election.<\/p>\n\n\n\n

    \n\t10.\tAll other signs shall\nrequire a conditional use permit.<\/p>\n\n\n\n

    \nG. \tAny sign which exceeds 40\nsquare feet in area or which features lighting or changeable content\nshall be defined as a billboard and shall be considered a conditional\nuse in all districts. \n<\/p>\n\n\n\n

    \n1. \tNo billboard shall exceed 300\nsquare feet in area, 20 feet in length, 15 feet in height, or 32 feet\nin height. \n<\/p>\n\n\n\n

    \n\t2.\tNo billboard shall exceed 150\nsquare feet in area or 20 feet in height where the posted speed limit\nis below 55 miles per hour. \n<\/p>\n\n\n\n

    \n3.\tNo billboard shall exceed 75\nsquare feet in area or 16 feet in height if located within a high\ndensity residential development or where the posted speed limit is\nbelow 45 miles per hour. \n<\/p>\n\n\n\n

    \n\t4.\tBillboards located off-site\nfrom the advertised purpose of the billboard shall be separated by\n500 feet. \n<\/p>\n\n\n\n

    \nH.\tSigns lawfully existing at the\ntime of the adoption of this Ordinance may be continued although the\nuse, size, or location does not conform to the provisions of this\nOrdinance. However, it shall be deemed a non-conforming use.<\/p>\n\n\n\n

    \nI.\tSign Maintenance.<\/p>\n\n\n\n

    \n\t1.\tPainting. The owner of any\nsign shall be required to have such sign properly painted as needed,\nincluding all parts and supports of the sign, unless such parts or\nsupports are galvanized or otherwise treated to prevent rust.<\/p>\n\n\n\n

    \n\t2.\tArea Around Sign. The owner,\nor lessee of any sign, or the owner of the property on which the sign\nis located shall keep the grass, weeds, or other growth cut and the\narea free from refuse between the sign and the street and also for a\ndistance of six feet behind and at the ends of said sign.<\/p>\n\n\n\n

    \nJ.\tAny sign which no longer\nadvertises a bona fide business conducted or a product sold shall be\ntaken down and removed by the owner, agent, or person having the\nbeneficial use of the building or property upon which the sign may be\nfound within ten days after written notice from the Town Clerk.<\/p>\n\n\n\n

    \nK.\tAny sign which becomes\nstructurally unsafe, or endangers the safety of a building or\nproperty, or endangers the public safety, shall be taken down and\nremoved by the owner, agent, or person having the beneficial use of\nthe building, structure, or property upon which the sign is located\nwithin ten days after written notification from the Town Clerk.<\/p>\n\n\n\n

    \nSECTION 14. Buffer.<\/h2>\n\n\n\n

    \nAll commercial and industrial\nuses abutting Agricultural or residential districts shall be required\nto effectively buffer their facilities. A buffer shall not be\nrequired for that part of a commercial zoning district which fronts a\nroadway. Setbacks may be a part of the required buffer distance. \n<\/p>\n\n\n\n

    \nA.\tSize \n<\/p>\n\n\n\n

    \nBuffers shall be fifty feet wide.\nThe full width shall be landscaped and shall not include roadway,\nparking, structures or signs. \n<\/p>\n\n\n\n

    \nB. \tDesign \n<\/p>\n\n\n\n

    \nBuffers shall include a\nsight-obscuring fence at least six feet high or plantings of\nsufficient comparable height and of sufficient density to provide\nyear round screening.<\/p>\n\n\n\n

    \nC.\tApproval \n<\/p>\n\n\n\n

    \nBefore a land use permit may be\nissued, the Town Board\nshall approve the buffer proposal. \n<\/p>\n\n\n\n

    \nD.\tCare of Buffer Area \n<\/p>\n\n\n\n

    \nIt shall be the duty of the land\nowner and occupant to properly care for the buffer area. All fences\nshall be kept in repair and all landscaping shall be maintained so as\nto prevent harmful health and safety conditions and unsightly\nappearance. \n<\/p>\n\n\n\n

    \nSECTION 15. Explosives.<\/h2>\n\n\n\n

    \nNo activities involving the\nstorage, utilization, or manufacture of materials or products such as\nTNT or dynamite which could decompose or detonate shall be permitted\nexcept as are specifically licensed by the governing body. \n<\/p>\n\n\n\n

    \nSECTION 16. Bulk\nStorage (Liquid). \n<\/h2>\n\n\n\n

    \nAll uses associated with the bulk\nstorage of more than ten thousand gallons of oil, gasoline, liquid\nfertilizer, chemicals, and similar liquids shall require a\nconditional use permit in order that the governing body may have\nassurance that fire, explosion, or water or soil contamination\nhazards (that would be detrimental to the public health, safety. and\ngeneral welfare).<\/p>\n\n\n\n

    \nThe governing body may require\nthe development of diking around said tanks which shall hold a\nleakable capacity equal to one hundred fifteen percent of the tank\ncapacity. Any existing storage tank that, in the opinion of the\ngoverning body, constitutes a hazard to the public safety shall\ndiscontinue operations within five years following enactment of this\nOrdinance. \n<\/p>\n\n\n\n

    \nSECTION 17. Dwelling\nUnits Prohibited.<\/h2>\n\n\n\n

    No basement, garage, tent, cargo trailer, or accessory building shall at any time be used as a dwelling unless they meet the required sanitary and safety standards and it is approved by the Town Board. <\/p>\n\n\n\n

    \nSECTION 18. Shoreland\nSetbacks.<\/h2>\n\n\n\n

    \nAll zoning districts shall\nrequire a shoreland setback as established by the Pennington County\nshoreland and Floodplain ordinances. Applicants for a Township\nZoning Permit in any location adjacent to a shoreland or floodplain\narea, as determined by the Town Clerk, shall apply to the Pennington\nCounty Soil and Water Conservation District for a shoreland\ndetermination and\/or permit. Evidence of the Pennington County Soil\nand Water Conservation District action must be presented to the Town\nClerk prior to final approval of any Township zoning application.<\/p>\n\n\n\n

    \nARTICLE V. AR – AGRICULTURAL\nRESIDENTIAL DISTRICT<\/h1>\n\n\n\n

    \nSECTION 1. Purpose.<\/h2>\n\n\n\n

    \nAgricultural\/Residential areas\nare established for the purpose of maintaining and enhancing the use\nof property for commercial agricultural purposes while providing an\nenhanced rural lifestyle atmosphere for all residents.<\/p>\n\n\n\n

    \nSECTION 2. Permitted\nUses. \n<\/h2>\n\n\n\n

    \nThe following uses shall be\npermitted:<\/p>\n\n\n\n

    \nA.\tAgriculture and general\nfarming, including the raising of livestock (subject to feedlot\nrestrictions) and poultry, dairying, horticulture, farm forestry, and\nsimilar agricultural enterprises;<\/p>\n\n\n\n

    \nB.\tDwelling for farm employees,\nwithin an existing farmyard or other site used primarily for farm\npurposes, including usual and customary accessory farm buildings;<\/p>\n\n\n\n

    \nC.\tTruck gardens and nurseries;<\/p>\n\n\n\n

    \nD.\tPublicly owned outdoor\nrecreational areas, including boat access beaches, play fields, and\nsimilar areas;<\/p>\n\n\n\n

    \nE.\tPublic utility buildings, such\nas substations, transformer stations, and regulator stations without\nservice or storage yards;<\/p>\n\n\n\n

    \nF.\tPublic, parochial, private,\nand nursery schools, churches, and community buildings;<\/p>\n\n\n\n

    \nG.\tOne temporary building for the\nsale of the produce of any of the above uses, located not less than\n20 feet from the street or highway right-of-way line, and provided\nthat space for patron parking 20 feet from said street or highway\nright-of-way line is provided;<\/p>\n\n\n\n

    \nH. \tCemeteries, including animal\ncemeteries;<\/p>\n\n\n\n

    \nI.\tHome occupations;<\/p>\n\n\n\n

    \nJ.\tRaising of fur-bearing animals\nor kennels provided no cage or pen housing such animals is located\nnearer than 200 feet to any lot line;<\/p>\n\n\n\n

    \nK.\tTwo one family dwellings per\nsection, provided each dwelling is located on at least a four acre\nlot.<\/p>\n\n\n\n

    \nL.\tSmall\nfeedlots and kennels<\/p>\n\n\n\n

    M. Home owner logging which does not involve employed labor.<\/p>\n\n\n\n

    N. Manufactured or mobile homes will be permitted, but must meet Minnesota Statutes: Section 327.31 – 327.34 and be approved by the Town Board.<\/p>\n\n\n\n

    \nSECTION 3. Conditional\nUses.<\/h2>\n\n\n\n

    \nUses requiring conditional use\npermits:<\/p>\n\n\n\n

    \nA.\tMore than two one family\ndwellings per section, provided each dwelling is located on at least\na four acre site.<\/p>\n\n\n\n

    \nB.\tTwo family dwellings provided\nsuch dwellings are located on at least a four acre site.<\/p>\n\n\n\n

    \nC.\tHigher Density Subdivisions\nwith smaller lot sizes in an area platted to provide adequate space\nfor individual, or group water and sewer, and which are compatible\nwith agriculture. A preliminary sketch of the proposed plats shall\nbe submitted to the Town Board for approval prior to surveying of the\nproperty. The final plat shall be submitted to the Town Board\nfollowing approval of the preliminary sketch. The final plat shall\nbe in such form that it meets requirements to be recorded with the\nPennington County Recorder. Design of higher density subdivisions\nshould use suburban district standards as a guideline.<\/p>\n\n\n\n

    \nD.\tBed and Breakfasts which: 1.\nare located on at least a four acre site; 2. provide lodging for no\nmore than eight persons at one time; 3. meet all applicable state\nregulations;<\/p>\n\n\n\n

    \nE.\tLagoons or other public sewage\ndisposal system;<\/p>\n\n\n\n

    \nF.\tPublic and private recreation\nfacilities and trails for the use of the general public, commercial\npurposes, or regularly scheduled events;<\/p>\n\n\n\n

    \nG.\tCommercial or industrial\npermitted uses which employ no more than four persons, are located on\nat least a four acre site, which show no evidence of conflicting land\nuse, and where the owner and Township agree in writing to one of the\nfollowing conditions:<\/p>\n\n\n\n

    \n1. The commercial or industrial\nuse will never expand beyond four employees at the present location;\nor<\/p>\n\n\n\n

    \n2. The existing location of the\ncommercial or industrial use is suitable for re-zoning to commercial\nor industrial in the event over four employees are needed;<\/p>\n\n\n\n

    \nH.\tExcavation of materials;<\/p>\n\n\n\n

    \nI.\tCommercial radio, telephone,\ntelevision, or other communication towers and transmitters;<\/p>\n\n\n\n

    \nJ.\tLarge feedlots;<\/p>\n\n\n\n

    \nK.\tAny tower or facility for the\npurpose of generating electricity through the use of wind energy.<\/p>\n\n\n\n

    \nL.\tPetroleum or asphalt refining\nor manufacturing.<\/p>\n\n\n\n

    \nM.\tCommercial logging.<\/p>\n\n\n\n

    N. Game Preserves.<\/p>\n\n\n\n

    SECTION 4. Performance
    Standards.<\/h2>\n\n\n\n

    \nA.\tUnless located in a high\ndensity subdivision, each dwelling must be: located on at least a\nfour acre lot, be at least 20 feet wide, have 200 feet frontage on an\nexisting road, and be located entirely within a quarter-quarter\nsection on a separately owned parcel. \n<\/p>\n\n\n\n

    \nB.\tYard Requirements:<\/p>\n\n\n\n

    \n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\tOne\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tTwo\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAccessory\n\t\t\t\tBuildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAll\n\t\t\t\tOther Uses<\/strong>\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tArea (min sq. footage)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t4\n\t\t\t\tacres\n\t\t\t<\/td>\n\t\t\t\t4\n\t\t\t\tacres\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t4\n\t\t\t\tacres\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tFrontage<\/strong>\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t300\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tLength<\/strong>\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t300\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tFront\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tRear\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tSide\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tShoreland\n\t\t\t\tSetback<\/strong>\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tDwelling\n\t\t\t\t(min sq. footage\/unit)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t900\n\t\t\t<\/td>\n\t\t\t\t900\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tsq. footage of Accessory Buildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMinimum\n\t\t\t\tWidth<\/strong>\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tHeight<\/strong>\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    \nC.\tRoad Setbacks<\/p>\n\n\n\n

    \n\tRequired setback distance from\nRoad centerline:<\/p>\n\n\n\n

    \n\t\tState Highway\t\t150<\/p>\n\n\n\n

    \n\t\tCounty Road\t\t100<\/p>\n\n\n\n

    \n\t\tLocal Street\t\t100<\/p>\n\n\n\n

    \n\t\tFrontage Road\t\t 70<\/p>\n\n\n\n

    \nARTICLE VI. SR – SUBURBAN\nRESIDENTIAL DISTRICT\n\n<\/h1>\n\n\n\n

    \nSECTION 1. Purpose<\/h2>\n\n\n\n

    \nThe Suburban Residential District\nis intended to provide an option for placing homes in higher density\nsub-divisions where it is impractical or undesirable to provide full\nCity services to residents and a high quality living environment can\nbe established by using innovative infrastructure systems, lot\ndesigns, street layouts, landscaping, and zoning district placement.<\/p>\n\n\n\n

    \nSECTION 2. The\nfollowing uses shall be permitted:<\/h2>\n\n\n\n

    \nA.\tOne family or two family\ndwellings in a platted sub-division.<\/p>\n\n\n\n

    \nB.\tTemporary buildings for uses\nincidental to construction work, which buildings shall be removed\nupon completion or abandonment of such construction work.<\/p>\n\n\n\n

    \nC.\tUp to 3 accessory buildings,\nstructures or uses customarily incidental to any of the uses listed\nin this section when located on the same property.<\/p>\n\n\n\n

    \nD.\tPublic utility buildings, such\nas substations, transformer stations and regulator stations without\nservice or storage yards, subject to approval of the Town Board in\nconsideration of public health, safety and morals.<\/p>\n\n\n\n

    \nE.\tHome occupations employing\nfamily members.<\/p>\n\n\n\n

    \nSECTION 3. Uses\nRequiring Conditional Use Permits.<\/h2>\n\n\n\n

    \nA.\tOne or two family dwellings in\na non-platted area.<\/p>\n\n\n\n

    \nB.\tHome Occupations employing\nnon-family members.<\/p>\n\n\n\n

    \nC.\tOver 3 accessory buildings,\nstructures or uses customarily incidental to any of the uses listed\nin this section when located on the same property.<\/p>\n\n\n\n

    \nD.\tNeighborhood business\nincluding barber shops, beauty shops, and convenience stores provided\nthey are an arranged and harmonious part of a residential\nneighborhood and are located on identified arterial or collector\nstreets.<\/p>\n\n\n\n

    \nE.\tTrails and other recreational\nfacilities for the use of the general public, commercial purposes, or\nregularly scheduled events.<\/p>\n\n\n\n

    \nSECTION 4. Performance\nStandards.<\/h2>\n\n\n\n

    \nA.\tLot size and design must show\nevidence of adequate space to accommodate individual or group septic\nsystems, well\/water supplies, and minimum home design. \n<\/p>\n\n\n\n

    \nB.\tAll requirements of Pennington\nCounty Septic System Ordinances as applicable to rural county areas.<\/p>\n\n\n\n

    \nC.\tRoad Setbacks<\/p>\n\n\n\n

    \n\tRequired setback distance from\nRoad centerline:<\/p>\n\n\n\n

    \n\t\tState Highway\t\t150<\/p>\n\n\n\n

    \n\t\tCounty Road\t\t100<\/p>\n\n\n\n

    \n\t\tLocal Street\t\t100<\/p>\n\n\n\n

    \n\t\tFrontage Road\t\t 70<\/p>\n\n\n\n

    \nD.\tAll construction on new\nbuilding sites must be completed in an area platted for water, sewer,\nand streets or in an area designed in a manner which would not\nprevent future platting for higher density development. A\npreliminary sketch of the proposed plats or design shall be submitted\nto the Town Board for approval prior to surveying of the property. \nThe final plat or design shall be submitted to the Town Board\nfollowing approval of the preliminary sketch. Both the preliminary\nsketch and final plat or design shall be reviewed by the Thief River\nFalls Planning Commission prior to final approval by the Town Board\nif the plat or design falls within the two mile boundary. A final\nplat shall be in such form that it meets requirements to be recorded\nwith the Pennington County Recorder<\/p>\n\n\n\n

    \nE.\tYard Requirements for Platted\nSub-divisions: \n<\/p>\n\n\n\n

    \n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\tOne\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tTwo\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAccessory\n\t\t\t\tBuildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAll\n\t\t\t\tOther Uses<\/strong>\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tArea (min sq. footage)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t9,000\n\t\t\t<\/td>\n\t\t\t\t12,000\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t14,000\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tFrontage<\/strong>\n\t\t\t<\/td>\n\t\t\t\t100\n\t\t\t<\/td>\n\t\t\t\t100\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t100\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tLength<\/strong>\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t300\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tFront\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tRear\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tSide\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t15\n\t\t\t<\/td>\n\t\t\t\t15\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t5\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tShoreland\n\t\t\t\tSetback<\/strong>\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tDwelling\n\t\t\t\t(min sq. footage\/unit)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t1,100\n\t\t\t<\/td>\n\t\t\t\t950\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tsq. footage of Accessory Buildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\t1,500\n\t\t\t<\/td>\n\t\t\t\t1,500\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMinimum\n\t\t\t\tWidth<\/strong>\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tHeight<\/strong>\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    \nF.\tYard Requirements for\nNon-platted areas:<\/p>\n\n\n\n

    \n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\tOne\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tTwo\n\t\t\t\tFamily<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAccessory\n\t\t\t\tBuildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\tAll\n\t\t\t\tOther Uses<\/strong>\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tArea (min sq. footage)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t4\n\t\t\t\tAcres\n\t\t\t<\/td>\n\t\t\t\t4\n\t\t\t\tAcres\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t4\n\t\t\t\tAcres\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tFrontage<\/strong>\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t300\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tLot\n\t\t\t\tLength<\/strong>\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t300\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t300\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tFront\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tRear\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t35\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tSide\n\t\t\t\tYard Setback<\/strong>\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td>\n\t\t\t\t25\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tShoreland\n\t\t\t\tSetback<\/strong>\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td>\n\t\t\t\tDNR\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tDwelling\n\t\t\t\t(min sq. footage\/unit)<\/strong>\n\t\t\t<\/td>\n\t\t\t\t900\n\t\t\t<\/td>\n\t\t\t\t900\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tsq. footage of Accessory Buildings<\/strong>\n\t\t\t<\/td>\n\t\t\t\t1,500\n\t\t\t<\/td>\n\t\t\t\t1,500\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMinimum\n\t\t\t\tWidth<\/strong>\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td>    		\n\t\t\t\t
    \n\t\t\t\t\n\t\t\t<\/td><\/tr>
    \n\t\t\t\tMaximum\n\t\t\t\tHeight<\/strong>\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td>\n\t\t\t\t20\n\t\t\t<\/td>\n\t\t\t\t30\n\t\t\t<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    \nARTICLE VII. CM – COMMERCIAL\nDISTRICT\n\n<\/h1>\n\n\n\n

    \nSECTION 1. Purpose.\n \n<\/h2>\n\n\n\n

    \nThe purpose of the Commercial\nDistrict is to allow for areas of concentrated retail and commercial\noperation to serve the existing population with a minimum impact on\nsurrounding Districts.<\/p>\n\n\n\n

    \nSECTION 2. <\/strong>Permitted\nUses<\/strong>.<\/strong>\n The following uses shall be permitted:<\/p>\n\n\n\n

    \nA.\tRestaurants, including\ndrive-ins;<\/p>\n\n\n\n

    \nB.\tGasoline service stations and\ncommercial garages;<\/p>\n\n\n\n

    \nC.\tAutomobile, truck, boat, and\ntrailer sales and service establishments;<\/p>\n\n\n\n

    \nD.\tMotels and motor courts;<\/p>\n\n\n\n

    \nE.\tBowling alleys and miniature\ngolf courses;<\/p>\n\n\n\n

    \nF.\tPersonal service shops, such\nas barber and beauty shops, shoe repair shops, laundry and dry\ncleaning pickup establishments, and other similar uses;<\/p>\n\n\n\n

    \nG.\tMedical and animal clinics;<\/p>\n\n\n\n

    \nH.\tDwelling when included as an\nintegral part of the principal building to be occupied by the owner\nor the owner\u2019s employee;<\/p>\n\n\n\n

    \nI.\tAccessory buildings or\nstructures and uses customarily incidental to any of the above listed\nuses when located on the same property;<\/p>\n\n\n\n

    \nJ.\tFood services, including\ngrocery stores, meat markets, supermarkets, restaurants,\ndelicatessens, fruit markets, and other similar uses;<\/p>\n\n\n\n

    \nK.\tEquipment service shops,\nincluding radio and television shops, electrical appliance shops,\nshow room of a plumber, decorator, or similar trade, or farm\nequipment;<\/p>\n\n\n\n

    \nL.\tHotels, motels, private clubs,\nprivate lodges, wholesale establishments, taverns and night clubs,\ntrade schools, commercial parking garages, sales rooms, public\ntransportation terminals, public utility buildings, and transformer\nstations without storage yards;<\/p>\n\n\n\n

    \nM.\tRecreation services, including\ntheaters, bowling alleys, pool and billiard rooms, dancing academies,\nand roller and ice skating rinks;<\/p>\n\n\n\n

    \nN.\tAny commercial establishments\nor professional services or commercial services not specifically\nstated or implied elsewhere in this Ordinance;<\/p>\n\n\n\n

    \nO.\tBuildings and uses customarily\nnecessary to any of the above permitted areas or uses, but which will\nnot be detrimental either by reason of odor, smoke, noise, or\nvibration to the surrounding neighborhood; and<\/p>\n\n\n\n

    \nP.\tBakery for sale on premises\nonly.<\/p>\n\n\n\n

    \nSECTION 3. Conditional\nUses.<\/h2>\n\n\n\n

    \nUses requiring conditional use\npermits:<\/p>\n\n\n\n

    \nA.\tNon-owner occupied dwellings;\nand<\/p>\n\n\n\n

    \nB.\tAdult entertainment.<\/p>\n\n\n\n

    \nC.\tLot size less then 4 acres\nwith a Conditional Use Permit.<\/p>\n\n\n\n

    \nSECTION 4. Performance\nStandards.<\/h2>\n\n\n\n

    \nA.\tAny Commercial District shall\nbe surveyed and platted prior to the designation of a Commercial\nDistrict. A preliminary sketch of the proposed District shall be\nsubmitted to the Town Board for approval prior to surveying of the\nproperty. The final plat shall be submitted to the Town Board\nfollowing approval of the preliminary sketch. The preliminary and\nfinal plats shall be reviewed by the Thief River Falls Planning\nCommission if the plat falls within the two mile boundary. The final\nplat plan shall be in such form that it meets requirements to be\nrecorded with the Pennington County Recorder.<\/p>\n\n\n\n

    \nFinal platting of a Commercial\nDistrict may be delayed during a pre-construction phase upon Town\nBoard Approval of a preliminary sketch and a site development\nagreement which outlines property owner improvements within the\nboundaries of the preliminary sketch.<\/p>\n\n\n\n

    \nB.\tLot size for construction of\ncommercial buildings shall be a minimum of four acres.<\/p>\n\n\n\n

    \nC.\tRoad Setbacks<\/p>\n\n\n\n

    \n\tRequired setback distance from\nRoad centerline:<\/p>\n\n\n\n

    \n\t\tState Highway\t\t150<\/p>\n\n\n\n

    \n\t\tCounty Road\t\t100<\/p>\n\n\n\n

    \n\t\tLocal Street\t\t100<\/p>\n\n\n\n

    \n\t\tFrontage Road\t\t 70<\/p>\n\n\n\n

    \nARTICLE VIII. ID – INDUSTRIAL\nDISTRICT<\/h1>\n\n\n\n

    \nSECTION 1. Purpose.\n\n<\/h2>\n\n\n\n

    \nThe purpose of the Industrial\nDistrict is to provide areas for industrial uses that may be located\nrelatively close to non-industrial Districts with a minimum impact on\nthose Districts and to restrict industries which pose problems of air\npollution, noise, and vibration.<\/p>\n\n\n\n

    \nSECTION 2. Permitted\nUses.<\/h2>\n\n\n\n

    \n The following uses shall be\npermitted:<\/p>\n\n\n\n

    \nA.\tBuilding materials storage\nyards;<\/p>\n\n\n\n

    \nB.\tContractors equipment rental\nor storage yards;<\/p>\n\n\n\n

    \nC.\tFuel yards provided they meet\nall state and federal standards;<\/p>\n\n\n\n

    \nD.\tPublic utility service\nbuildings and yards and electric transformer stations and\nsubstations;<\/p>\n\n\n\n

    \nE.\tAny wholesale business,\nincluding warehousing and storage buildings, commercial laundries,\nand dry cleaning plants;<\/p>\n\n\n\n

    \nF.\tManufacturing, compounding, or\ntreatment of such products as bakery goods, candy, cosmetics, dairy\nproducts, food products, drugs, perfumes, pharmaceutical, and\ntoiletries;<\/p>\n\n\n\n

    \nG.\tManufacturing, compounding, or\ntreatment of such articles or merchandise from the following\npreviously prepared materials which have been manufactured elsewhere:\nbone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur,\nglass, hair, leather, paper, plastics, precious or semi-precious\nmetals or stones, shells, textiles, tobacco, wood (excluding planing\nmills) yards, and paint, not employing a boiling process; and<\/p>\n\n\n\n

    \nH.\tAny kind of manufacturing\nprocess or treatment of products using light machinery such as tool\nand die shops and metal fabricating plants.<\/p>\n\n\n\n

    \nSECTION 3. Conditional\nUses.<\/h2>\n\n\n\n

    \nUses requiring conditional use\npermits:<\/p>\n\n\n\n

    \nA.\tManufacturing of cement, lime,\ngypsum, or plaster;<\/p>\n\n\n\n

    \nB.\tDistillation of bone, coal,\ntar, petroleum, refuse, grain, or wood;<\/p>\n\n\n\n

    \nC.\tExplosive manufacture or\nstorage;<\/p>\n\n\n\n

    \nD.\tCommercial fertilizer\nmanufacturing, compost, or storage;<\/p>\n\n\n\n

    \nE.\tGlue manufacturing, size or\ngelatin manufacturing where the processes include the refining or\nrecovery of products from animal refuse or offal;<\/p>\n\n\n\n

    \nF.\tLivestock feeding yards,\nslaughtering of animals, or stockyards;<\/p>\n\n\n\n

    \nG.\tPetroleum or asphalt refining\nor manufacturing;<\/p>\n\n\n\n

    \nH.\tSmelting or refining of metals\nfrom ores;<\/p>\n\n\n\n

    \nI.\tSteam and board hammers and\nforging presses;<\/p>\n\n\n\n

    \nJ.\tStoring, curing, and tanning\nof raw, green, or salted hides or skins;<\/p>\n\n\n\n

    \nK.\tSulphurous, sulfuric, nitric,\npicric, carbolic or hydrochloric, or other corrosive acid\nmanufacturing and\/or bulk storage thereof;<\/p>\n\n\n\n

    \nL.\tQuarrying and crushing of rock\nand other minerals;<\/p>\n\n\n\n

    \nM.\tJunkyards provided they meet\nthe conditions of Article IV., Section 8, Subdivision B;<\/p>\n\n\n\n

    \nN.\tDumping sites provided the\nfollowing conditions are met:<\/p>\n\n\n\n

    \n1.\tNo materials are allowed which\nare classified as solid waste, hazardous waste, or nuclear waste by\ncurrent state and federal definitions; or for which there are any\ncounty, state, or federal limitations on dumping which cannot be met\nby the provisions of this Ordinance;<\/p>\n\n\n\n

    \n2.\tA professional engineering\nstudy is completed to determine the environmental risk to the water\nsupply, the study shall be at the cost of the applicant;<\/p>\n\n\n\n

    \n3.\tThe defined dumping site is\nfenced and secured in a manner which will prevent unauthorized entry,\nthe construction will be completed at the cost of the applicant; \n<\/p>\n\n\n\n

    \n4.\tAny dumping at the site is\nsupervised by a Township official, or designated person, at a per\nhour cost to be paid by the site operator; and<\/p>\n\n\n\n

    \n5.\tAny truck or vehicle hauling\nto a dump site upon the roads in the Township must be totally\nenclosed and covered; \n<\/p>\n\n\n\n

    \nO.\tAny tower or facility for the\npurpose of generating electricity; and<\/p>\n\n\n\n

    \nP.\tRacetracks;<\/p>\n\n\n\n

    \nQ.\tAny lawful use of land or\nstructure not herein expressly prohibited or provided for and which\nby its nature does not through noise, dirt, soot, offensive odors, or\nunsanitary conditions constitute either a public or private nuisance.<\/p>\n\n\n\n

    \nSECTION 4. Performance\nStandards.<\/h2>\n\n\n\n

    \nA.\tAny Industrial District must\nbe surveyed and platted prior to the designation of an Industrial\nDistrict. A preliminary sketch of the proposed District shall be\nsubmitted to the Town Board for approval prior to surveying of the\nproperty. The final plat shall be submitted to the Town Board\nfollowing approval of the preliminary sketch. The preliminary and\nfinal plats shall be reviewed by the Thief River Falls Planning\nCommission if the plat falls within the two mile boundary. The\nfinal plat plan shall be in such form that it meets requirements to\nbe recorded with the Pennington County Recorder.<\/p>\n\n\n\n

    \nFinal platting of a Commercial\nDistrict during a pre-development period may be delayed upon Town\nBoard Approval of a preliminary sketch and a site development\nagreement which outlines property owner improvements within the\nboundaries of the preliminary sketch.<\/p>\n\n\n\n

    \nB.\tLot size for construction of\nindustrial buildings shall be a minimum of four acres.<\/p>\n\n\n\n

    \nC.\tThe Industrial Districts\noutside the two mile boundary from Thief River Falls shall not be\nallowed within one-half mile of a Residential District or an area\nused for a cemetery or church. An area zoned Industrial shall not\nhave to amend its zoning designation should a cemetery, church, or\nResidential District locate within one-half mile of the existing\nIndustrial District. Required setback distance from Road centerline:\nState Highway -150; County Road – 100; Local Street – 100; Frontage\nRoad – 70<\/p>\n\n\n\n

    \nARTICLE IX. FP – FLOOD PLAIN\nDISTRICT<\/h1>\n\n\n\n

    \nSECTION 1. Purpose.<\/h2>\n\n\n\n

    \nThe purpose of the Flood Plain\nDistrict is to prevent flood incompatible development in areas which\nfall within the 100 year flood plain as established by the Federal\nEmergency Management Agency. \n<\/p>\n\n\n\n

    \nSECTION 2. The\nfollowing uses shall be permitted:<\/h2>\n\n\n\n

    \nA.\tPrimitive camping areas which\nare served by restroom facilities outside the flood plain. \n<\/p>\n\n\n\n

    \nB.\tAgricultural uses limited to\ngeneral agriculture, forestry, pasture, and commercial gardening.<\/p>\n\n\n\n

    \nC.\tRecreational uses limited to\nnature study, walking, hiking, picnic grounds, and undeveloped\nrecreational areas.<\/p>\n\n\n\n

    \nSECTION 3. Uses\nRequiring Conditional Use Permits:<\/h2>\n\n\n\n

    \nA.\tHiking, biking, horseback\nriding, ATV, snowmobile, or other trails.<\/p>\n\n\n\n

    \nB.\tCamping facilities or parks\nwhich require any improvements.<\/p>\n\n\n\n

    \nC.\tDikes, dams, drainage systems,\nspillways, or other alterations which affect water movement.<\/p>\n\n\n\n

    \nSECTION 4. Performance\nStandards.<\/h2>\n\n\n\n

    \nA.\tAll Zoning Permits shall\ninclude a complete site plan.<\/p>\n\n\n\n

    \nB.\tAny building or construction\nwithin the District must be approved by the appropriate Federal and\nState agencies.<\/p>\n\n\n\n

    \nARTICLE X. PR – PARKS AND\nRECREATION DISTRICT<\/h1>\n\n\n\n

    \nSECTION 1. Purpose.<\/h2>\n\n\n\n

    \nThe purpose of the Parks and\nRecreation District is to identify and promote areas for a wide range\nof recreational uses which require the construction of buildings and\nthe alteration of the natural terrain.<\/p>\n\n\n\n

    \nSECTION 2. The\nfollowing uses shall be permitted:<\/h2>\n\n\n\n

    \nA.\tGame and sports areas,\npavilions, bandstands, picnic shelters, recreational equipment, and\nswimming areas.<\/p>\n\n\n\n

    \nB.\tPrimitive camping areas,\nincluding outhouse facilities provided such facilities meet\nPennington County septic system regulations. \n<\/p>\n\n\n\n

    \nC.\tAgricultural uses which\nexisted at the implementation of this Ordinance.<\/p>\n\n\n\n

    \nSECTION 3. Uses\nRequiring Conditional Use Permits:<\/h2>\n\n\n\n

    \nA.\tCampground facilities which\noffer water, sewer, electrical, or modern restroom\/shower facilities.<\/p>\n\n\n\n

    \nB.\tHiking, biking, horseback\nriding, ATV, snowmobile, or other trails which require alterations or\nwhich will cause damage to the natural terrain.<\/p>\n\n\n\n

    \nC.\tRaising crops and cutting hay,\nfor the purpose of providing food and habitat for wildlife or for\ndomestic livestock under lease with the authority managing the\nwildlife area.<\/p>\n\n\n\n

    \nD.\tPublic river access, marinas,\nor docks.<\/p>\n\n\n\n

    \nE.\tCommercial activities related\nto recreational uses, including food stands, rental operations, or\npublic performing areas.<\/p>\n\n\n\n

    \nF.\tDikes, dams, drainage systems,\nspillways, or other alternations which affect water movement. \n<\/p>\n\n\n\n

    \nSECTION 4. Performance\nStandards.<\/h2>\n\n\n\n

    \nA.\tAll Zoning Permits shall\ninclude a complete site plan.<\/p>\n\n\n\n

    \nB.\tRoad Setbacks<\/p>\n\n\n\n

    \n\tRequired setback distance from\nRoad centerline:<\/p>\n\n\n\n

    \n\t\tState Highway\t\t150<\/p>\n\n\n\n

    \n\t\tCounty Road\t\t100<\/p>\n\n\n\n

    \n\t\tLocal Street\t\t100<\/p>\n\n\n\n

    \n\t\tFrontage Road\t\t 70<\/p>\n\n\n\n

    \nARTICLE XI. NON-CONFORMING USE<\/h1>\n\n\n\n

    \nA.\tThe following provisions shall\nbe applicable to any non-conforming use in any of the Districts:<\/p>\n\n\n\n

    \n\t1.\tNon-Conforming use,\nbuildings: The lawful use of a building or structure on property\nexisting at the time of the adoption of this Ordinance may be\ncontinued although such use does not conform with the District\nprovisions herein.<\/p>\n\n\n\n

    \n\t2.\tNon-Conforming use,\nextension: A non-conforming use may be extended throughout the\nbuilding or structure, provided no structural alternations or changes\nare made therein, except those required by law or ordinance or such\nas may be necessary to secure or insure the continued advantageous\nuse of the building during its natural life. A non-conforming use\nmay not be extended to any addition to a building built after the\nadoption of this Ordinance.<\/p>\n\n\n\n

    3. Non-Conforming use, damaged: Any non-conforming building or structure damaged more than 60 percent of its appraised market value according to the Pennington County Assessor\u2019s Office, at the time of damage by fire, collapse, explosion, or acts of God or public enemy, shall not be restored or reconstructed unless the foundation is inspected and approved by a licensed inspector. Than it may be restored, reconstructed to code provided it is done within 12 months of approval.<\/p>\n\n\n\n

    \n\t4.\tNon-Conforming use, property:\n The non-conforming use of property where a structure thereon is not\nso employed, existing at the time that this Ordinance becomes\neffective, may be continued provided: (a) the non-conforming use of\nproperty shall not in any way be expanded or extended either on the\nsame or adjoining property; (b) that if the non-conforming use of\nproperty, existing at the time this Ordinance became effective, is\nhereafter discontinued or changed, then the future use of such\nproperty shall be in conformity with the provisions of this\nOrdinance.<\/p>\n\n\n\n

    \n\t5.\tNon-Conforming use, change: \nWhenever a non-conforming use has been changed to a conforming use,\nor to a use permitted in the District in which it is located, it\nshall not thereafter be changed to a non-conforming use.<\/p>\n\n\n\n

    \n\t6.\tNon-Conforming use,\ndiscontinuance: In the event that a non-conforming use of any\nbuilding, building and property, or property only, is discontinued\nfor a period of one year, any use thereafter shall conform to the\nuses permitted in the District in which it is located.<\/p>\n\n\n\n

    \n\t7.\tNon-Conforming use, zone\nchange: The foregoing provisions relative to non-conforming uses\nshall apply to buildings, property, and uses which hereafter become\nnon-conforming due to reclassification of Districts under this\nOrdinance.<\/p>\n\n\n\n

    \nARTICLE XII. ADMINISTRATION<\/h1>\n\n\n\n

    \nSECTION 1. Zoning\nPermits.<\/h2>\n\n\n\n

    \nOn and after the effective date\nof this Ordinance no person shall erect a new structure, add an\naddition to a structure, move an existing structure, complete any\nconstruction on a site currently without buildings, complete any\nconstruction on a non-residential site with the intent of converting\nit to a residential site, increase the square footage of an existing\nbuilding, change the footprint of an existing structure, or change\nthe primary usage of an existing building to a non-permitted use,\nwithout first completing and submitting a Zoning Permit Application.<\/p>\n\n\n\n

    \nA.\tApplication for a Zoning\nPermit shall be signed by the applicant or the applicant\u2019s agent\nand filed with the Town Clerk. The application shall be accompanied\nby a site plan.<\/p>\n\n\n\n

    \nB.\tThe application shall state\nthe nature of the proposed construction or addition, the estimated\ncost, the present and proposed use of the property or any structure\non the premises.<\/p>\n\n\n\n

    \nC.\tDocumentation that all\napplicable floodplain, shoreland, septic system, wetland, and feedlot\nregulations have been cleared.<\/p>\n\n\n\n

    \nD.\tFees\nfor a Zoning Permit shall be $150 for the construction of a new home\nor business and $75 for all other uses. The\nTown Board shall have the right to establish fees for construction\nand all other uses, said fee structure be reviewed on an annual basis\nand may be amended by resolution. \n<\/p>\n\n\n\n

    \nE.\tThe Town Board shall take\naction to approve or deny a written application for any action\nrelated to this ordinance within 60 days of receiving all the\nrequired information. The time line may be extended by up to 60\nadditional days upon written notification to the applicant stating\nthe reason for the extension.<\/p>\n\n\n\n

    \nSECTION 2. Site\nPlan.<\/h2>\n\n\n\n

    \nApplications for a Zoning Permit,\nconditional use permit, variance, or zoning amendment shall provide a\nsite plan with the specific information as required by the Town Clerk\nor Town Board. This may include any of the following:<\/p>\n\n\n\n

    \nA.\tLegal description and lot size\nof the proposed development;<\/p>\n\n\n\n

    \nB.\tThe location of, distance to,\nand size of adjoining boundary lines, drainage systems, roadways,\npublic utilities, residential properties, lagoons, kennels,\nrecreational areas, sensitive natural areas, racing facilities,\nfeedlots, parking lots, principal buildings, accessory uses, storage\nareas, required buffers, existing improvements, and easements;<\/p>\n\n\n\n

    \nC.\tSoil information;<\/p>\n\n\n\n

    \nD.\tPlans for wells, sanitary\nsewage disposal, and surface drainage;<\/p>\n\n\n\n

    \nE.\tLocation and size of access to\nstreets;<\/p>\n\n\n\n

    \nF.\tLandscaping and elevation\nplans; including consideration of natural barriers, buffers, or other\nmeans of maintaining separation between conflicting uses in order to\noperate as a good neighbor.<\/p>\n\n\n\n

    \nG.\tStages and timing of\ndevelopment program; and<\/p>\n\n\n\n

    \nH.\tSuch other information as may\nbe requested by the Town Clerk or Town Board.<\/p>\n\n\n\n

    \nSECTION 3. Conflict\nwith other Laws.<\/h2>\n\n\n\n

    \nWhenever any provision of this\nOrdinance imposes requirements more stringent than required by\nexisting statutes and regulations of the State of Minnesota or any\nother ordinance or regulation of Pennington County or the Township,\nthe provisions of this Ordinance shall govern.<\/p>\n\n\n\n

    \nSECTION 4. Administration\nand Enforcement.<\/h2>\n\n\n\n

    \nIt shall be the duty of the Town\nBoard to administer and enforce the provisions of this Ordinance. \nThe Town Board, at its option, may appoint a Township Inspector to\nadminister and enforce, under the direction of the Town Board, the\nprovisions of this Ordinance.<\/p>\n\n\n\n

    \nSECTION 5. Conditional\nuse Permits.<\/h2>\n\n\n\n

    \nA.\tConditions. Conditions may be\nimposed to protect the health, safety, morals, and general welfare of\nthe Township to any new or amended conditional use permit. The\nconditions shall be in addition to the requirements specified in this\nSection. The conditions may include, but are not limited to, the\nfollowing:<\/p>\n\n\n\n

    \n\t1.\tIncreasing the required lot\nsize or yard dimensions;<\/p>\n\n\n\n

    \n2.\tLimiting the height, size, or\nlocation of the buildings;<\/p>\n\n\n\n

    \n3.\tControlling the location and\nnumber of motor vehicle access points;<\/p>\n\n\n\n

    \n4.\tSetting the street width;<\/p>\n\n\n\n

    \n5.\tSetting a required number of\noff-street parking spaces or limiting the type of vehicle in the zone\nor participating in activities in the zone;<\/p>\n\n\n\n

    \n6.\tLimiting the number, size,\nlocation, or lighting of signs;<\/p>\n\n\n\n

    \n7.\tRequiring buffers, diking,\ndrainage, fencing, tree planting, landscaping, or other facilities to\nprotect adjacent or nearby property;<\/p>\n\n\n\n

    \n8.\tDesignating sites for open\nspace;<\/p>\n\n\n\n

    \n9.\tTime limits and review dates;<\/p>\n\n\n\n

    \n\t10.\tIncreased setbacks; and<\/p>\n\n\n\n

    \n11.\tSuch other conditions as the\nTown Board may require.<\/p>\n\n\n\n

    \nB.\tProcedure.<\/p>\n\n\n\n

    \n1.\tThe applicant applying for a\nconditional use permit shall fill out and submit to the Town Clerk a\nZoning Permit Application form together with a fee of $500.00. The\napplicant shall also submit a site plan and such other information\ndeemed necessary by the Town Clerk or the Town Board to evaluate the\napplication.<\/p>\n\n\n\n

    \n2.\tThe Town Clerk shall transmit\nthe application for a conditional use permit and other information to\nthe Town Board for public hearing.<\/p>\n\n\n\n

    \n3.\tA notice of the time, place,\nand purpose of the hearing shall be published in the official\nnewspaper of the Township at least ten days prior to the day of the\nhearing.<\/p>\n\n\n\n

    \n4.\tA notice of the time, place,\nand purpose of the hearing shall be mailed at least ten days before\nthe day of the hearing to property owners within one half mile of the\nproperty to which the conditional use relates. Notice shall be in\nwriting, mailed by first class mail, to be effective on date of\nmailing. Failure to give mailed notice to individual property\nowners, or defects in the notice, shall not invalidate the\nproceedings, provided a bona fide attempt to comply with this\nprovision has been made.<\/p>\n\n\n\n

    \n5.\tThe Town Board shall hold a\npublic hearing to consider the application for the conditional use\npermit.<\/p>\n\n\n\n

    \n6.\tPersons requesting a\nconditional use permit shall appear before the Town Board in order to\nanswer any questions.<\/p>\n\n\n\n

    \n7.\tThe Town Board shall report\nits recommendation of approval, disapproval, or conditional approval\nof the proposed conditional use permit.<\/p>\n\n\n\n

      \n

    1. \t\tThe Town Board shall take
      \t\taction on the application for the conditional use permit within 60
      \t\tdays after receipt of the completed application by the Township.
      \t\tThe Town Board may approve, disapprove, or conditionally approve a
      \t\tconditional use permit.
      \t<\/li>\n<\/ol>\n\n\n\n

      9. Once denied by the Town Board, an application for a conditional use permit shall not be reconsidered by the Town Board for 60 days.<\/p>\n\n\n\n

      \nC.\tReview. When a time limit or\nperiodic review is included as a condition of the conditional use\npermit, the conditional use permit may be reviewed by the Town Board\nat a public hearing with notice of the time, place, and purpose of\nsaid hearing published at least ten days prior to the hearing. The\nholder of the conditional use permit shall receive ten days mailed\nnotice of the time, place, and purpose of the hearing to be effective\non date of mailing. It shall be the responsibility of the Town Clerk\nto schedule such public hearings and the owner of property having a\nconditional use permit shall not be required to pay a fee for such\nreview. A public hearing for annual review of a conditional use\npermit may be granted at the discretion of the Town Board.<\/p>\n\n\n\n

      \nD.\tTime Limits. Once issued, a\nconditional use permit shall be null and void if construction of the\nproposed project has not been 20 percent completed within one year of\nthe date that the conditional use permit was granted. The\nconditional use permit shall expire if that use shall cease for more\nthan 12 consecutive months.<\/p>\n\n\n\n

      \nE.\tModification. Any\nmodification involving structural alterations, enlargement,\nintensification of use, or similar modifications not specifically\npermitted by the conditional use permit shall require an amended\nconditional use permit.<\/p>\n\n\n\n

      \nF.\tConditional Use Review\nCriteria. No conditional use permit shall be approved by the Town\nBoard unless the Town Board shall finds that one or more of the\nfollowing apply:<\/p>\n\n\n\n

      \n1.\tThat the conditional use shall\nnot be injurious to the use and enjoyment of other property in the\nimmediate vicinity for the purposes already permitted and shall not\nimpair the property values within the immediate vicinity;<\/p>\n\n\n\n

      \n2.\tThat the establishment of the\nconditional use will not impede the normal and orderly development\nand improvement of surrounding vacant property for uses predominant\nin the area;<\/p>\n\n\n\n

      \n3.\tThat adequate utilities,\nroads, water, sewer, waste water treatment, solid waste disposal,\naccess roads, drainage, and other necessary essential services and\nfacilities have been or are being provided;<\/p>\n\n\n\n

      \n4.\tThat adequate measures have\nbeen or will be taken to prevent or control offensive odor, fumes,\ndust, noise, and vibration, so that none of these will constitute a\nnuisance and to control lighted signs and other lights in such manner\nthat no disturbance to neighboring properties will result;<\/p>\n\n\n\n

      \n\t5.\tThat adequate protection has\nbeen provided for any unique or sensitive environmental conditions in\nthe area; and<\/p>\n\n\n\n

      6. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permit and of any conditions designated in connection therewith.<\/p>\n\n\n\n

      SECTION 6. Appeals.<\/h2>\n\n\n\n

      \nThe Town Board shall have the\npower to hear and decide appeals from any order, requirement,\ndecisions, grant, or refusal made by the Town Clerk in the\nadministration of this Ordinance. An appeal shall be in writing and\nfiled in duplicate with the Town Clerk. Within ten days after filing\nof the appeal, the Town Clerk shall transmit to the Town Board all\npapers involved in the proceedings. Upon receipt of this material,\nthe Town Board shall set a hearing and give notice in writing, mailed\nby first class mail, to be effective on date of mailing, of the time,\nplace, and purpose thereof to the Appellant and to the Town Clerk. \nThe Town Board may reverse or affirm, wholly or in part, any ruling,\ndecision, or determination and may issue or direct the issuance of a\npermit. The decision of the Town Board is the final administrative\ndecision and may be appealed pursuant to statute.<\/p>\n\n\n\n

      \nSECTION 7. Zoning\nAmendments.<\/h2>\n\n\n\n

      \nA.\tCriteria for Granting Zoning\nAmendments. In granting a request for a zoning amendment, the Town\nBoard shall consider the effect of the proposed zoning amendment upon\nthe health, safety, morals, and general welfare of the occupants of\nsurrounding properties. Among other things, the Town Board shall\nmake the following findings where applicable:<\/p>\n\n\n\n

      \n1.\tThat the zoning amendment\nconforms to the Comprehensive Plan for the Township, as well as\npresent land uses;<\/p>\n\n\n\n

      \n2.\tThat the zoning amendment will\nnot impede the normal and orderly development and improvement of\nsurrounding property for uses predominant in the area;<\/p>\n\n\n\n

      \n3.\tThat the zoning amendment will\nnot adversely affect property values of the adjacent property owners;<\/p>\n\n\n\n

      \n4.\tThat the zoning amendment will\nnot impose other undue hardship on adjacent property owners such as\nnoise, electrical display signs, odors, or other nuisances;<\/p>\n\n\n\n

      \n5.\tThat necessary utilities be\navailable to serve the use intended;<\/p>\n\n\n\n

      \n6.\tThat additional public service\nneeded by the zoning amendment be considered;<\/p>\n\n\n\n

      \n7.\tThat alternate areas\npreviously zoned for the intended use be considered; \n<\/p>\n\n\n\n

      \n8.\tThat there is a public need\nfor the proposed land use.<\/p>\n\n\n\n

      \nB.\tProcedure.<\/p>\n\n\n\n

      \n1.\tApplication for zoning\namendment may be initiated by the Town Board or the property owner or\nagent of the property owner.<\/p>\n\n\n\n

      \n2.\tPersons wishing to initiate an\napplication for zoning amendment shall fill out and submit to the\nTown Clerk a Zoning Permit Application together with a fee of\n$500.00. The applicant shall also submit a site plan and such other\ninformation deemed necessary by the Town Clerk or Town Board to\nevaluate the application.<\/p>\n\n\n\n

      \n3.\tA notice of the time, place,\nand purpose of the hearing shall be published in the official\nnewspaper of the Township at least ten days prior to the day of the\nhearing.<\/p>\n\n\n\n

      \n4.\tA notice of the time, place,\nand purpose of the hearing shall be mailed at least ten days before\nthe day of the hearing to property owners within of the property to\nwhich the zoning amendment relates. Notice shall be in writing,\nmailed by first class mail, to be effective on date of mailing. \nFailure to give mailed notice to individual property owners, or\ndefects in the notice, shall not invalidate the proceedings, provided\na bona fide attempt to comply with this provision has been made.<\/p>\n\n\n\n

      \n5.\tThe Town Board shall hold a\npublic hearing to consider the application of the proposed zoning\namendment.<\/p>\n\n\n\n

      \n6.\tPersons requesting a zoning\namendment shall appear before the Town Board in order to answer any\nquestions.<\/p>\n\n\n\n

      \n7.\tThe Town Board shall report\nits initial recommendation of approval, disapproval, or conditional\napproval of the proposed zoning amendment. \n<\/p>\n\n\n\n

      \n8.\tThe Town Board shall take\naction on the application for zoning amendment within 60 days after\nreceipt of the completed application by the Township. The Town Board\nmay approve, disapprove, or conditionally approve a proposed zoning\namendment. A two-thirds vote of all its members is necessary for an\napproval or conditional approval which changes the zoning district\nfrom residential to commercial or industrial.<\/p>\n\n\n\n

      \n9.\tOnce denied by the Town Board,\nthat application for zoning amendment shall not be reconsidered by\nthe Town Board for 12 months.<\/p>\n\n\n\n

      \nSECTION 8. Variances.<\/h2>\n\n\n\n

      \nThe Town Board, upon request,\nshall have the power to authorize variances from the requirements of\nthis Ordinance, and to attach such conditions to the variance as it\ndeems necessary to assure compliance with the purposes of this\nOrdinance.<\/p>\n\n\n\n

      \nA.\tCriteria for Granting\nVariances. A variance may be granted only in the event that all of\nthe following circumstances exist:<\/p>\n\n\n\n

      \n1.\tExceptional or extraordinary\ncircumstances apply to the property which do not apply generally to\nother properties in the same zoning district or vicinity and\nresult-from lot size or shape, topography, or other circumstances\nover which the owners of the property had no control;<\/p>\n\n\n\n

      \n2.\tThat literal interpretation of\nthe provisions of this Section would deprive the applicant of rights\ncommonly enjoyed by other properties in the same District;<\/p>\n\n\n\n

      \n3.\tThat the special conditions or\ncircumstances do not result from the action of the applicant;<\/p>\n\n\n\n

      \n4.\tThat granting the variance\nrequested will not confer on the applicant any special privilege that\nis denied by this Section to owners of other properties, structures,\nor buildings in the same District;<\/p>\n\n\n\n

      \n5.\tThe variance requested is the\nminimum variance which would alleviate the undue hardship; and<\/p>\n\n\n\n

      \n6.\tThe variance would not be\ndetrimental to the purposes of this Ordinance, to the Comprehensive\nPlan, or to property in the same District.<\/p>\n\n\n\n

      \nB.\tConditions. Conditions may be\nimposed to protect the health, safety, morals, and general welfare of\nthe Township from any new or amended variance. The conditions shall\nbe in addition to the requirements specified in this Section. The\nconditions may include, but are not limited to, the following:<\/p>\n\n\n\n

      \n1.\tIncreasing the required lot\nsize or yard dimensions;<\/p>\n\n\n\n

      \n2.\tLimiting the height, size, or\nlocation and number of motor vehicle access points;<\/p>\n\n\n\n

      \n3.\tControlling the location and\nnumber of motor vehicle access points;<\/p>\n\n\n\n

      \n4.\tSetting the street width;<\/p>\n\n\n\n

      \n5.\tSetting a required number of\noff-street parking spaces;<\/p>\n\n\n\n

      \n6.\tLimiting the number, size,\nlocation, or lighting of signs;<\/p>\n\n\n\n

      \n7.\tRequiring buffers, diking,\ndrainage, fencing, tree planting, landscaping, or other facilities to\nprotect adjacent or nearby property;<\/p>\n\n\n\n

      \n8.\tDesignating sites for open\nspace;<\/p>\n\n\n\n

      \n9.\tTime limits and review dates;\nand<\/p>\n\n\n\n

      \n10.\tSuch other conditions as the\nTown Board may require.<\/p>\n\n\n\n

      \nC.\tProcedure.<\/p>\n\n\n\n

      \n1.\tThe applicant applying for a\nvariance shall fill out and submit to the Town\nBoard a Zoning\nPermit Application together with a fee of $500.00. The applicant\nshall also submit a site plan and such other information deemed\nnecessary by the Town Clerk or Town Board to evaluate the\napplication.<\/p>\n\n\n\n

      \n2.\tThe Town Clerk shall transmit\nthe application for variance and other information to the Town Board\nfor public hearing.<\/p>\n\n\n\n

      \n3.\tA notice of the time, place,\nand purpose of the hearing shall be published in the official\nnewspaper of the Township at least ten days prior to the day of the\nhearing.<\/p>\n\n\n\n

      \n4.\tA notice of the time, place,\nand purpose of the hearing shall be mailed at least ten days before\nthe day of the hearing to property owners within of the property to\nwhich the variance relates. Notice shall be in writing, mailed by\nfirst class mail, to be effective on the date of mailing. Failure to\ngive mailed notice to individual property owners, or defects in the\nnotice, shall not invalidate the proceedings, provided a bona fide\nattempt to comply with this provision has been made.<\/p>\n\n\n\n

      \n5.\tThe Town Board shall hold a\npublic hearing to consider the application for the variance. \n<\/p>\n\n\n\n

      \n6.\tPersons requesting a variance\nshall appear before the Town Board in order to answer any questions.<\/p>\n\n\n\n

      \n7.\tThe Town Board shall report\nits recommendation of approval, disapproval, or conditional approval\nof the proposed variance.<\/p>\n\n\n\n

      \n8.\tThe Town Board shall take\naction on the application for variance within 60 days after receipt\nof the completed application by the Township. The Town Board may\napprove, disapprove, or conditionally approve a proposed variance.<\/p>\n\n\n\n

      \n9.\tOnce denied by the Town Board,\nthat application for variance shall not be reconsidered by the Town\nBoard for 12 months.<\/p>\n\n\n\n

      \nSECTION 9. Violations\nand Penalties.<\/h2>\n\n\n\n

      \nA.\tViolation; Penalty: Any person\nwho violates the provisions of this Ordinance, fails to comply with\nany of its requirements, including violations of conditions and\nsafeguards established in connection with grants of variances or\nconditional uses, or makes any false statement in any document\nrequired to be submitted under the provisions thereof shall be guilty\nof a misdemeanor and shall be punished as defined by law.<\/p>\n\n\n\n

      \nB. \tAfter the Fact Permits: Any\nperson making application for a permit after the commencement of work\nrequiring a permit, shall be charged an additional administrative fee\nas established by resolution of the Town Board. In the event the\napplication for a permit is denied or the action permitted does not\ninclude all or part of the work commenced prior to approval of said\npermit, the review and approval body shall require correction and\/or\nrestoration of the concerned property to its original state,\nincluding removal of structures or improvements.<\/p>\n\n\n\n

      \nC. \tEnforcement:<\/p>\n\n\n\n

      \n1. \tAdministrative Officer: The\nTown Clerk, Planning Director or other appointed official is\nresponsible for the administration and enforcement of this Ordinance.<\/p>\n\n\n\n

      \n2.\tAdditional Actions Or\nProceedings: In the event of a violation or threatened violation of\nthis Ordinance, the administrative officer, in addition to other\nremedies, may institute appropriate actions or proceedings to\nprevent, restrain or abate such violations or threatened violations,\nand it shall be the duty of the Township Attorney to institute such\naction.<\/p>\n\n\n\n

      \n3.\tSuspected Ordinance Violation:\nIn responding to a suspected ordinance violation, the Town Clerk and\nTownship may utilize the full array of enforcement actions available\nto it, including, but not limited to, prosecution and fines,\ninjunctions or after-the-fact permits or orders for corrective\nmeasures to the guilty party. After the fact permits are permits\napplied for after construction or use has been initiated.<\/p>\n\n\n\n

      \n4. \tDiscovery of Violation: When\nan ordinance violation is either discovered by or brought to the\nattention of the Town Clerk, the Town Clerk shall immediately\ninvestigate the situation and document the nature and extent of the\nviolation of the official control. \n<\/p>\n\n\n\n

      \n5. \tNotification of Violation and\nRemedies: The Town Clerk shall notify the suspected party of the\nrequirements of this Ordinance and all other official controls and\nthe nature and extent of the suspected violation of these controls.\nIf the structure and\/or use is under construction or development, the\nTown Clerk may order the construction or development immediately\nhalted until a proper permit or approval is granted by the Town\nBoard. A permit or approval applied for after construction or use has\nbeen initiated, an after the fact permit, shall be subject to an\nadministrative remedy for failure to comply comprised of an increased\napplication fee. After the fact application for a permit does not\nguarantee approval. If the construction or development is already\ncompleted, then the Town Clerk may either: a) issue an order\nidentifying the corrective actions that must be made within a\nspecified time period to bring the use or structure into compliance\nwith the official controls, or b) notify the responsible party to\napply for an after-the-fact permit\/development approval within a\nspecified period of time not to exceed thirty (30) days.<\/p>\n\n\n\n

      \n6. \tFailure to Comply: If the\nresponsible party does not appropriately respond to the Town Clerk\nwithin the specified period of time, each additional day that an\nordinance violation occurs shall constitute an additional violation\nof this Ordinance and shall be prosecuted accordingly. The Town Clerk\nshall also upon the lapse of the specified response period notify the\nlandowner to restore the land to the condition which existed prior to\nthe violation of this Ordinance.<\/p>\n\n\n\n

      \n7. \tCivil\nPenalty: In addition to the criminal penalty of a misdemeanor under\nthe applicable criminal statutes, the Town Board may impose a civil\npenalty not to exceed $1000.00 for each violation of the ordinance\nprovided that the maximum penalty shall not exceed $1000.00. Each\nadditional day that a violation occurs shall constitute an additional\nviolation of this Ordinance and shall be assessed a separate civil\npenalty.<\/p>\n\n\n\n

      \nSECTION 10. Effective\nDate.<\/h2>\n\n\n\n

      \nThis Ordinance shall be effective\nupon its passage and publication.<\/p>\n\n\n\n

      \nSECTION 11. <\/strong>Validity<\/strong>.<\/strong><\/p>\n\n\n\n

      Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the parts declared to be invalid.<\/p>\n","protected":false},"excerpt":{"rendered":"

      SMILEY TOWNSHIP ZONING ORDINANCE August 2018 Contents ARTICLE I. PURPOSE 4 ARTICLE II. DISTRICTS 5 ARTICLE III. DEFINITIONS 6 ARTICLE IV. GENERAL REGULATIONS 9 SECTION 1. Compliance Required. 9 SECTION 2. Approval of Plats. 9 SECTION 3. Buildings under Construction. … Continue reading<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-30","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/pages\/30","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/comments?post=30"}],"version-history":[{"count":1,"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/pages\/30\/revisions"}],"predecessor-version":[{"id":31,"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/pages\/30\/revisions\/31"}],"wp:attachment":[{"href":"https:\/\/smileytownship.org\/index.php\/wp-json\/wp\/v2\/media?parent=30"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}