ORDINANCE ADOPTING A NEW FOREST TOWNSHIP
ZONING ORDINANCE AND REPEALING THE
1979 FOREST TOWNSHIP ZONING ORDINANCE
WHEREAS, the citizens and property owners of Forest Township are desirous of updating the Forest Township Zoning Ordinance of 1979; and
WHEREAS, the Board of Supervisors of the township had appointed ordinance study committees to review the existing zoning ordinance and propose updates and changes based on their study and citizen input; and
WHEREAS, the Board of Supervisors have caused to be held public hearings during the summer of 2004 and 2005 to consider such updates and changes and gather public input; and
WHEREAS, public attention has been directed to the fact that all of Forest Township lies within the White Earth State Forest and the White Earth Indian Reservation; and
WHEREAS, the Planning Department of the White Earth Tribe has indicated support for the proposed new Township Zoning Ordinance, and
WHEREAS, the Becker County Comprehensive Plan calls for larger lot sizes and development standards that exceed minimum standards in protection of agricultural practices, forests, and wetlands, along with protection of lakes from over-development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE TOWN OF FOREST, that the following be the official Forest Township Zoning Ordinance:
SECTION 1. POLICY AND TITLE
Subdivision 1. Adopting County Ordinances by Reference.
The uncontrolled use of land within Forest Township may adversely affect the public health, safety, and general welfare of the inhabitants of Forest Township. Forest Township recognizes the Becker County Zoning and Subdivision Ordinances and the provisions of those Ordinances that are not superseded by the provisions of this Ordinance are hereby adopted by reference as if fully rewritten herein.
Subdivision 2. Application.
This Ordinance provides for more restrictive uses of certain property than that set forth in the Becker County Zoning Ordinance and applies to all property within Forest Township, Minnesota, except for the first tier of riparian property with a depth of 267 feet on recreational development lakes, 400 feet on natural environmental lakes, and 300 feet on all river classes.
Subdivision 3. Purpose of Ordinance.
Forest Township hereby ordains that the foregoing purposes shall be accomplished through the enactment and enforcement of this Ordinance, which shall be known and may be cited and referred to as the “Forest Township Zoning Ordinance,” “Township Zoning Ordinance,” “this Zoning Ordinance,” or “this Ordinance.”
SECTION 2. PURPOSE AND AUTHORIZATION
Pursuant to the authority conferred by the State of Minnesota in the municipal planning and zoning enabling legislation, Minnesota Statutes Chapter 462 and any amendments to said chapter subsequently adopted, this Ordinance is promulgated and adopted for the purpose of:
1. Implementing the adopted land use plan and land use policies of Forest Township.
2. Promoting and protecting the public health, safety and the welfare of the inhabitants of Forest Township;
3. Protecting and conserving the social and economic uses of agriculture, residential development, and commercial and industrial land.
4. Encouraging the consistent use of land.
5. Preventing the overcrowding of land and undue congestion of population.
6. Facilitating adequate and economical provision of transportation, educational and recreational facilities, water supply, and sewage disposal.
7. Preserving and enhancing the quality of surface water.
SECTION 3. COUNTY, STATE, AND FEDERAL REGULATIONS
Other regulations may affect the use of land or the placement of structures in Forest Township. These regulations include the Becker County Ordinances as well as state and federal regulations. It is the responsibility of the property owner to familiarize themselves with and to comply with all rules and regulations enforced by other jurisdictions.
SECTION 4. JURISDICTION, SCOPE, INTERPRETATION,
SEVERABILITY AND ABROGATION.
Subdivision 1. Jurisdiction.
For the purpose of this Ordinance, the Township of Forest is hereby divided into districts which shall be designated as follows:
A. Shoreland District
B. Conservation District
Subdivision 2. District Boundaries.
A. Shoreland: The Shoreland District is described as the first tier of riparian property with a depth of 267 feet on recreational development lakes, 400 feet on natural environment lakes, and 300 feet on all river classes. Zoning control and zoning decisions on the Shoreland District shall rest with Becker County whose zoning and subdivision regulations are adopted by reference in this Zoning Ordinance.
B. Conservation District: All property in Forest Township not included in the Shoreland District as described above.
Subdivision 3. Scope.
After the effective date of this Ordinance, the use of property and every structure or portion of structure erected, altered, added to or relocated in the above captioned portion of Forest Township that is under the jurisdiction of this Ordinance, shall conform to this Ordinance. Any existing building or structure and any use of property that does not conform to this Ordinance may be continued, extended, or changed only as provided by the provisions of this Ordinance relating to non-conforming uses.
Subdivision 4. Interpretation.
The provisions of this Ordinance are the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. If provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall be controlling.
Subdivision 5. Severability.
If any section, subdivision, clause or portion of this Ordinance is ruled unconstitutional or invalid, the remainder of this Ordinance shall remain in effect.
Subdivision 6. Abrogation and Greater Restrictions.
The enactment of this Ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, but if this Ordinance imposes greater restrictions, this Ordinance shall prevail.
SECTION 5. RULES AND DEFINITIONS
Subdivision 1. Rules.
Any rules or definitions not included in this section shall be those used in the Becker County Zoning and Subdivision Ordinances.
A. Interpretation. Certain words or terms used in this Ordinance shall be interpreted according to the following rules:
1. Words in the present tense shall include the future.
2. Words in the singular shall include the plural and the plural the singular.
3. The word “structure” shall include the word “building” and the word “lot”
shall include the word “piece” or “parcel.”
4. The word “shall” is mandatory.
5. The word “may” is permissive.
6. The word “person” includes a firm, association, partnership, trust company, or corporation, as well as an individual.
7. All distances, unless otherwise specified, shall be measured horizontally from nearest point to nearest point.
No land or structure, shall be devoted to any use except as specifically permitted by this Ordinance except as follows:
1. Uses lawfully established prior to the effective date of this ordinance.
2. Essential services erected, constructed, altered or maintained by public utilities or by government departments or commissions allowed by the Becker County Zoning Ordinance and described therein.
D. Conflict. If two provisions of this Ordinance conflict, the more restrictive shall apply.
E. Headings. Headings used in this Ordinance are for convenience only and do not define, limit, or construe the contents of this Ordinance.
Subdivision 2. Definitions.
For purposes of this Ordinance, certain items and words are defined as follows:
1. Common Interest Community - Residential common interest community projects covered by Minn. Stat. Chapter 514B, including condominiums, co-ops, and timeshares.
2. Conditional Use – A land use or development that would not be appropriate generally but may be allowed with appropriate controls upon a finding of certain conditions as detailed in this ordinance.
3. Feedlot, Agricultural – An enclosure for the feeding, breeding, raising or holding of livestock, poultry of less than 500 animal units, or mink and other fur bearing animals in less than fifteen hutches, or is incidental to a permitted farming operation.
4. Feedlot, Commercial – An enclosure for the feeding, breeding, raising, or holding of livestock, poultry or mink and other fur bearing animals that is not an agricultural feedlot. A pasture is a feedlot when the concentration of livestock, poultry, or other animals is such that a vegetation cover is not maintained.
5. Residential Planned Unit Development – A planned unit development for residential use containing three (3) or more dwelling units or sites.
6. Shoreland – For purposes of implementing the Forest Township Zoning Ordinance, shoreland shall be the first tier of riparian property with the depth of 267 feet on recreational development lakes, 400 feet on natural environmental lakes, and 300 feet on all river classes.
7. Township – Forest Township and its authorized officers, agents, and employees.
SECTION 6. GENERAL REGULATIONS
Subdivision 1. Signs.
Any sign hereinafter erected or maintained shall conform to the provisions of this section.
A. Permitted Signs. The following signs shall be permitted:
1. Official traffic and road signs.
2. “No hunting”, “no trespassing”, garage sale, campaign signs, or other non-commercial signs providing that the area of one side of such sign shall not exceed two (2) square feet.
3. Non-commercial signs such as professional name signs indicating the name and profession; signs indicating the private nature of a driveway or premise, providing the area of one side of any such sign shall not exceed two (2) square feet.
4. Identification signs for schools, churches, clubs, lodges, farms or other similar uses, provided that the area of one side of such sign shall not exceed twelve (12) square feet.
5. Real estate signs, including the sale or rent of premises, providing the area on one side of any such sign does not exceed six (6) square feet.
6. Temporary signs of contractors, architects, mechanics, and artisans, provided that such signs shall be removed promptly upon completion of the work, and provided further that such signs shall not exceed six (6) square feet in area.
7. Business signs may be erected and maintained in connection with a commercial use only by permission of the Town Board, specifying the size and placement of such sign. The sign shall not exceed twelve (12) square feet in total size without the issuance of a conditional use permit.
B. Nonpermitted Signs. No lighted or blinking signs of any kind shall be permitted, nor any other sign not permitted herein.
Subdivision 2. Abandonment of Use; Nuisance.
No use, structure, sign, building, vehicle, or any other article or piece of real estate or personal property shall be abandoned or permitted in any public or private place because of disuse or neglect to become unsightly or offensive to the public. Non-use for a period of twelve (12) consecutive or total months shall be presumptive evidence of intention to abandon, requiring compliance with this section. In the event of non-compliance, Township shall have the authority to remove said items from the property and assess the record property owner the
Township’s costs, including legal and administrative costs and expenses.
Subdivision 3. Plats.
All plats of lots located in Forest Township subsequent to the effective date of this Ordinance shall be presented to the Township Planning Commission and the Town Board
for review prior to presentation to Becker County and before being recorded in the Office of the Becker County Recorder.
SECTION 7. CONSERVATION DISTRICT
PERMITTED USES AND DENSITIES
Subdivision 1. Residential.
1. Single family residential dwellings and permitted accessory buildings and uses.
2. Lot area shall be a minimum of twenty (20) acres for each residential unit.
3. Structures much be set back from County, State, Forest Management, or Township road by at least two hundred fifty (250) feet.
4. All structures must be screened from public roads by coniferous or deciduous trees.
5. Setback from all protected waters and wetlands not classified as lakes shall be a minimum of one hundred fifty (150) feet.
6. No commercial or industrial uses shall be permitted except for those existing at the time of passage of this ordinance.
Subdivision 2. Agricultural.
1. Farm buildings and permitted accessory buildings along with agricultural land uses as provided for in the Becker County Zoning Ordinance shall be allowed.
2. No Commercial or Agricultural feedlots shall be allowed.
Subdivision 3. Other Permitted Uses.
1. Home occupations shall be allowed as provided for and regulated by the Becker County Zoning Ordinance.
2. Churches, Schools, and Community Buildings as provided for in the Becker County Zoning Ordinance.
SECTION 8. CONSERVATION DISTRICT CONDITIONAL USES
A “conditional use” is a use that because of certain characteristics cannot be properly classified as a permitted use in the district but can be allowed with the issuance of a conditional use permit. The following conditional uses will be considered:
1. Business signs of more than twelve (12) square feet used for commercial purposes.
2. Construction of a single family residence in the Conservation District without the required minimum 20-acre density requirement if part of the lot is a riparian lot whose frontage complies with the Becker County regulations for that body of water.
3. Construction of a single family residence in the Conservation District without the required minimum 20-acre density requirement if the lot was held in separate ownership at the time of passage of this Ordinance.
4. Federal, State, and Local Government facilities.
5. Guest cottages as regulated by the Becker County Zoning Ordinance.
6. Residential PUD’s and CIC’s provided they comply with the density requirements of the conservation district.
SECTION 9. NON-CONFORMING USES
Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the effective date of the adoption of an additional control under this Ordinance, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
1. The nonconformity or occupancy is discontinued for a period of more than one year; or
2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value.
SECTION 10. VARIANCES
A. Application. Any person requesting relief from the strict application of the official controls described in this Ordinance may complete and submit to the Board of Adjustment an Application for Variance form, copies of which are available from the Forest Township Clerk. The appropriate fee shall be paid and a complete application shall be submitted in order for the application to receive consideration, and may be granted provided that:
1. The conditions causing the demonstrated hardship is unique to the property and was not caused by actions of the applicant(s);
2. the variance is necessary in order to secure for the applicant the rights enjoyed by other property owners in the same area or district;
3. the granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or to the property values in the vicinity;
4. the granting of the variance will not be contrary to management policies of the area or management district. A variance will not be granted for non-permitted land uses.
5. the property owner or owners would have no reasonable use of the land without the variance;
6. no variance shall be granted without demonstrated hardship; however economic considerations alone shall not constitute an undue hardship;
7. no variance shall be granted because there are no objections; or because those who do not object outnumber those who do;
8. no variance may be granted that would allow a prohibited use;
9. initiating a project without first obtaining a variance is not considered a hardship and
10. variances may be granted only in accordance with M.S. Chapter 462, the Becker County Zoning Ordinance, and any amendments to said laws subsequently adopted.
B. Investigation. Upon receipt of a variance application to the Board of Adjustment, a thorough site investigation shall be conducted and after a public hearing in accordance with the provisions of the Becker County Zoning Ordinance, a final decision on the request will be made.
C. Conditions. In granting the request for a variance the Board of Adjustment may attach such conditions as it deems necessary to carry out the purposes and intent of this Ordinance.
D. Final Decision. All decisions made by the Board of Adjustment approving or denying variance requests are final except that any aggrieved person, department, agency, board, or commission shall have the right to appeal, pursuant to the procedures in Minnesota Statutes Chapter 462, and any amendments to said chapter subsequently adopted, to the District Court in which the subject property is located within thirty (30) days after receipt of a written notice of a final decision made by the Board of Adjustment.
E. Violations; Revocation. Any violation of the terms and conditions of a variance issued pursuant to this Ordinance, or the violation of any provisions of the Ordinance relating to the subject matter of the variance, shall result in the immediate revocation of such variance. The revocation of a variance may be appealed to the Board of Adjustment for a hearing upon said revocation, in the same manner as the appeal of the denial of the issuance of a variance.
SECTION 11. CONDITIONAL USE PERMITS
A. Application. A “conditional use” is a use because of certain characteristics, cannot be properly classified as a permitted use in the zoning district within which it is proposed. Any proposed conditional use shall be presented to the Planning Commission with a complete application and the required fee and be in writing for its applicability of the zoning district wherein permitted. No application will be accepted if a property owner has not removed an existing violation, unless the permit applied for includes the remedy to the existing violation.
B. Required Information. An applicant for a Conditional Use Permit is required to furnish the Planning Commission, in addition to the information required for the land use or other permit, the following:
1. A plan of the project area showing contours, soil types, and vegetative cover;
2. location of existing and proposed buildings, parking areas, traffic access, driveways, walkways, open space, and vegetative cover;
3. plans of buildings, sewage treatment facilities, water supply systems, and arrangement of operation;
4. specifications for areas of proposed grading, filling, or topographic alterations;
5. other pertinent information deemed necessary by the Planning Commission to determine if the proposal meets the requirements and intent of this Ordinance;
6. pertinent information documenting existing use at the time the Ordinance was passed; and
7. Other information deemed necessary by the Township or Planning Commission.
C. Review; Consideration. In considering the granting of any conditional use permit the Planning Commission shall evaluate the effect of the proposed use upon:
1. The maintenance of the public health, safety and welfare;
2. The prevention and control of water pollution, including sedimentation and nutrient loading;
3. Existing topography and drainage features and vegetative cover on the site;
4. The location of the site with respect to flood plains and floodways of rivers and tributaries;
5. The erosion potential of the site based on the degree and direction of slope, soil type and existing vegetative cover;
6. The location of the site with respect to existing and proposed access roads;
7. The compatibility with adjacent land uses and the Forest Township and Becker County Land Use Plans.
D. Conditions. Upon consideration of the factors listed above, the Planning Commission may attach such conditions, in addition to those required elsewhere in this Ordinance. Such conditions attached to conditional use permits may include, but not limited to:
1. Increased yards and setbacks;
2. Landscaping and vegetative screening;
3. Periods and/or hours of operation;
4. Intensity and duration of lighting;
5. Deed restrictions;
6. Fire control and access plan;
7. Any other reasonable requirements necessary to fulfill the purposes and intent of this Ordinance.
No new Conditional Use Permit shall be issued until all conditions of previously issued permits have been met.
E. Recommendation. The Planning Commission shall make a recommendation to the Board of Supervisors to approve or deny the issuance of conditional use permits. An appeal of the Board of Supervisors’ decision may be made by the applicant to the Board of Adjustment within thirty (30) days of the receipt of notice of the Board of Supervisors’ decision. An appeal of any Board of Adjustment decision may be made to the District Court within thirty (30) days of the receipt of the notice of the decision of the Board of Adjustment.
F. Appeal. Any violation of the terms and conditions of a conditional use permit issued pursuant to this Ordinance, or of any provision of this Ordinance relating to the subject matter of the conditional use permit, may be appealed to the Board of Adjustment in the same manner as the appeal of denial of the issuance of a conditional use permit.
G. New Application. Any changes or amendments to the conditions imposed on a conditional use permit shall require a new application, with justification for the changes, from the person to whom the permit was issued or a recommendation from the Forest Township Planning Commission and a complete hearing process, before being granted.
SECTION 12. PLANNING COMMISSION
Subdivision 1. Composition and Appointment.
A Planning Commission consisting of five members is hereby created. Said commission shall consist of four members from the township at large and one member from the Township Board of Supervisors. The Planning Commission shall be appointed by the Town Board. Terms shall be for two (2) years for each of the at large positions and the four at large member’s terms shall be staggered to provide continuity. The Town Board member shall be appointed each year when newly elected or re-elected members take office.
Subdivision 2. Delegation of Powers.
The Planning Commission shall not have the power to vary or waive ordinance requirements, but shall provide recommendations to the Town Board.
Subdivision 3. Planning Commission Duties.
A. The Planning Commission shall be responsible for reviewing all plats of property, giving recommendations to the Town Board.
B. The Planning Commission shall be responsible for making recommendations to the Town Board on all zoning issues and requests for conditional use permits.
C. The Planning Commission shall stand ready to give advice and counsel on such planning issues as the Town Board may from time to time request.
SECTION 13. BOARD OF ADJUSTMENT
A. Establishment. There is hereby established a Board of Adjustment vested with the authority as is hereinafter provided, and as provided by Minnesota Statutes Chapter 462, and any amendments to said chapter as subsequently adopted. The Township Board of Supervisors, The chair of the Planning Commission, and one member at large shall constitute the Board of Adjustment. The at large member shall be appointed by the Town Board on an annual basis, following the annual election of Town Board members.
B. Officers. The Board of Adjustment shall elect a Chairperson and a Vice Chairperson from among its members. It may appoint a recording secretary for taking minutes and other proceedings. It shall adopt rules or bylaws, for the transaction of its business and shall keep a permanent public record of its proceedings, findings, and determinations. The Board of Adjustment shall cause all such records of its proceedings, findings and determinations to be filed at the Forest Township hall.
C. Meetings. The meetings of the Board of Adjustment shall be held as specified in the rules or bylaws, and at other such times as the Chairperson of Board of Adjustment shall deem necessary and appropriate.
D. Jurisdiction. The Board of Adjustment shall have the exclusive power concerning the following:
1. To grant variances from the strict enforcement of the standards and provisions prescribed by this Ordinance. Variances shall be granted based upon the criteria prescribed in Section 10 of this Ordinance;
2. to hear and decide any appeal from an order, requirements, decision or determination made as an administrative order in enforcement of this Ordinance;
3. to interpret and rule on district boundary issues in interpretation of the Official Land Use map;
E. Decisions. All decisions by the Board of Adjustment in granting variances, or hearing any appeals from an administrative order, requirement, decision or determination shall be final except that any aggrieved person, department, agency, Board or Commission shall have the right to appeal to the District Court within thirty (30) days after receipt of the written notice of the decision made by the Board of Adjustment.
SECTION 14. ZONING AMENDMENTS
Amendments to this Ordinance may be initiated by the following methods:
A. The Planning Commission or the Town Board may initiate a zoning amendment by presenting such amendment in writing to the Planning Commission.
B. The Planning Commission and the Town Board, after consultation, shall set a time and place for a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation and notice posted at the Town Hall and township dump message boards at least 30 days prior to the hearing. The Town Board may elect to employ additional means of notification at their discretion.
C. The Planning Commission shall hold the public hearing and subsequently forward their findings to the Town Board.
D. The Town Board must take action on the application for a zoning amendment within ninety (90) days after receipt of the Planning Commission findings and recommendation.
SECTION 15. VIOLATIONS AND PENALTIES
A. Penalty. Violations of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance or special use permits) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof by lawful authority, be fined not more than $1,000.00 or imprisoned for not more than ninety (90) days or both, and in addition shall pay all costs and expenses of prosecution. If violator fails to make payment to the township within sixty (60) days of written issuance from the court, Forest Township may assess said costs and fees against the violator’s property in accordance with Minnesota law. Each day a violation continues shall be considered a separate offense.
B. Other Enforcement. Nothing herein contained shall prevent the Township from taking other lawful civil or criminal action as is necessary to prevent or remedy any violation. No provision of this chapter designating the duties of any official or employee to the Township shall be construed as to make such official or employee liable for penalty provided in this section for failure to perform such duty.
Any person commencing land use activity which requires permission of the Township, without prior authorization, shall be charged a fee of double the regular permit fee.
SECTION 16. FEES
In order to defray the administrative and investigative costs associated with the processing of applications for land use related permits, conditional use permits, variance requests and amendments, a schedule of fees shall be prescribed and adopted by resolution passed from time to time by the Forest Township Board of Supervisors. This schedule of fees shall be posted in the Forest Town Hall.
SECTION 17. PUBLIC NOTICE AND HEARING REQUIREMENTS
A. Hearings; Notices. In addition to the procedures described in preceding sections of this Ordinance, all conditional use permit requests, variance requests, and requests for amendments which involve changes in district boundaries of five acres or more shall be reviewed at a public hearing conducted at least ten (10) days following official public notification of all property owners within seven hundred (700) feet of the affected property.
B. Maximum Review Period. Notwithstanding the foregoing provisions of this Ordinance, all review and consideration of an application by a property owner for a variance, conditional use permit, zoning district change, or other permit under this ordinance, shall be done within the sixty (60) day time restriction set by Minn. Stat. Sec. 15.99, as amended, unless extended for up to another sixty (60) days by the applicant, or as otherwise permitted in said statute.
SECTION 18. ADOPTION, RECORDING, AND EFFECTIVE DATE
A. Repealer. All zoning and subdivision ordinances previously in effect in the Town of Forest, are repealed effective upon the adoption and publication of this Ordinance or an official summary thereof.
B. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication according to law. Notice of the adoption of the Ordinance shall be recorded in the Office of the Recorder of Becker County, Minnesota and a copy shall be furnished to the Becker County Zoning Office.
Approved the ______ day of ____________________, 2006.
THE TOWN OF FOREST, MINNESOTA
__________________________ ________________________
Town Clerk Supervisor
__________________________ ________________________
Supervisor Supervisor
Published in the __________________________________________________________
the __________ day of ______________________________________, 2006.
__________________________ Town Clerk