Ordinance No. 10
An ordinance for the Town of Grant, Washington County, Minnesota for the purpose of regulating the use of land, location and the use of buildings, dividing said towns into zones and providing penalties for violation thereof.
The Town Board of Supervisors of the Town of Grant does hereby ordain as follows:
Section 1. Adoption of Model Zoning Regulation Code. There is hereby adopted for the purpose of regulating the zoning of land the Model Zoning Regulation Code for Communities in Washington County as adopted May 23, 1967, by the Washington County Planning Advisory Commission, (3) three copies of which are on file in the office of the Town Clerk of the Town of Grant being duly marked "as official copies". That said Model Zoning Regulations are hereby adopted in its entirety except the parts of said code hereinafter amended, deleted, or modified.
Section 2. Intent and Purpose. Said Section is hereby amended
by adding the following to the third sentence: "preserving the basic rural-residential
character of the Town of Grant."
The last sentence on page 6 is hereby deleted and the following added:
"conserving the natural and scenic beauty and attractiveness of the countryside".
Section 3. Rules and Definitions.
3.02(D) Agricultural Use - Urban. The last sentence of said section is deleted and the following substituted. "It shall not include the raising of more than two animals of a breed, domestic or non-domestic and shall prohibit the raising of bees and poultry."
3.02(V) Community. Wherever the word "community" is used it shall mean the Town of Grant, Washington County, Minnesota.
3.02(EE) Floor Area. The last sentence of said Section is deleted and the following substituted: "The floor area of a residence shall include 25 percent of the area of attached garage and 15 percent of the enclosed breezeways or porches but shall not include basement area unless it is a finished area."
3.02(II) Governing Body. Whenever the words "governing body" is used, it shall mean the Town Board of Supervisors of the Town of Grant, Washington County, Minnesota.
Section 4. Application of this Ordinance.
4.04 Lot Provisions (A). The words "sixty (60%) percent" hereby deleted and the following substituted "forty (40%) percent.
4.05 Accessory Building and Structures. Delete paragraph 11 in its entirety.
4.07 Permitted Encroachments. Add to paragraph (A) "School Bus Shelter."
4.12 Relocated Structures. Add the following sentence to the third sentence of said Section: "The Governing Body may require an inspection of the structure by the building inspector, planning commission, or both, and the cost incurred by such inspection shall be paid by the applicant to the Governing Body prior to any action taken thereon."
4.13 Front Setbacks. Delete the words "60 feet" and substitute the words "65 feet".
4.16 Setbacks Along Thoroughfares. The following shall be added to the first sentence of said section "or 65 feet from the existing right of way line, whichever line is applicable."
4.19 Planned Unit Developments. The first paragraph of said section is deleted in its entirety and the following substituted: "Planned Unit Developments shall include all developments having two (2) or more principal uses or structures on a single parcel of land. Such developments may be excluded from certain requirements of this ordinance providing:"
4.20 Townhouses. Delete said section in its entirety.
4.20 Density Zoning. Delete said section in its entirety.
4.22 Fences. The following paragraph is added to said Section and is designated as paragraph "(M) Fences which are 90 percent open (barb wire, woven wire, and other similar type fences) which are for the sole purpose of containing on-domestic animals are not subject to the provisions of this ordinance and do not require a building permit.
4.27 Bulk Storage (Liquid). The words 200 hundred gallons are deleted from said Section and the words "500 hundred gallons" substituted.
4.29 Apartments. Delete said section in its entirety.
4.32 (A) Lake and Stream Frontage Lots. Delete forty (40) feet of the normal waterline nor within ten (10) feet of ordinary high waterline. Substitute the following: "one hundred (100) feet of the normal waterline nor within thirty (30) feet of the ordinary high waterline."
4.33 Areas without Sanitary Sewer. Delete: One (1) acre and substitute two and one-quarter (2 ¼) acres. Add the following to paragraph one "that standards and tests shall be determined by the governing body, which standards and tests shall be set forth in an ordinance." Delete the words "and apartment buildings" from paragraph 2.
4.39 Zoning Coordination. Delete first sentence and substitute in lieu thereof: "Any zoning district change on and adjacent to or across a public right-of-way from an adjoining community, made subsequent to the date on which this ordinance becomes effective shall be referred to the Washington County Planning Commission and the adjacent community for review prior to action by the governing body granting or denying the zoning district classification change."
Section 5. Administration.
5.02 Rezoning (B) Delete the words 250 feet and substitute therefore "1250 feet".
5.03 Special (Conditional) Uses (C) Procedure.
Paragraph 2. Delete the words 250 feet and substitute therefore the words "1250 feet".
Add Section 5.05. Issuance of Non-Residential Building Permits. All building permits for the construction of non-residential structures shall be issued by the Governing Body.
Section 6. District Provisions.
6.01 Districts. Delete the following zoning districts from this Section and also any reference thereto found in the code, to wit: Single Family Estate (SFE), Single Family Suburban (SFS), Single Family Urban (SFU), Limited Recreation (LR), General Recreation (GR), Limited Business (LB), Central Business District (CBD), and General Industry (GI)
Delete the general definition of Residential Districts in said Section.
6.02 Minimum Requirements. Delete the entire Section and substitute the following:
Zoning District Classification
(Table of Lot area, Setbacks, etc.)
6.03 Zoning District Map. The boundaries of the Districts as established by this ordinance are as shown on the map published herewith and made part of this ordinance which is designated as the "Zoning District Map". Which map is properly approved and filed with the Town Clerk of the Town of Grant. The district boundary lines on said map are intended to follow street right-of-way lines, street center lines, or lot lines unless such boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map.
All of the notations, references, and other information shown therein shall have the same force and effect as if fully set forth herein and are made a part of this Ordinance by reference and incorporated herein as fully as if set forth herein at length.
Section 7. Permitted Uses.
7.01 "SFR Single Family Rural District. Add to permitted uses. "Rural Agricultural Uses providing building which are to house animals or fowl are located fifty (50) feet from all lot lines".
7.03 Special Uses. In "A" Agricultural districts. Delete the following: Drive-in theater, rest home, and two family home. To the special uses in said district add the following: "Restaurants seating 50 or more persons but not to include drive-in restaurant facilities."
Delete the following special uses from all residential districts. "Student housing, rest homes, mobile home parks, and residences housing two or more families.
Section 8. Performance Standards.
8.19 Other Nuisance Characteristics. (F) Animals. Delete first sentence and substitute the following: "Any building in which non-domestic animals are kept shall be a distance of two hundred (200) feet or more from any occupied adjacent lot and any open or roofed enclosure in which animals are kept shall be a distance of one hundred (100) feet or more from and adjacent occupied residential lot.
Section 9. Enforcement and Penalties. This Ordinance shall be administered by the Building Inspector or Building Official and enforced by the Governing Body who may institute any appropriate actions or proceedings against a violator as provided by law. Any persons, firm, corporation, voluntary association, or partnership who violates of refuses to comply with any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than one hundred dollars ($100) for every offense or to imprisonment not to exceed ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense.
Section 10. Repeal of Conflicting Ordinances, Validity, and Separability. Ordinance Number 9 and all other ordinances or parts of ordinances of the Town of Grant in conflict with the provisions of this Ordinance are hereby repealed.
If any section, subsection, clause, or phrase of the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
Section 11. Effective Date. This ordinance shall be in full
force and effect from and after its passage and publication according to
law.
Passed by the Town Board of Supervisors this 11th day of March 1968.
Clarence A. Ott, Chairman
Arthur B. Schaefer, Clerk