501.  Administrator.  Administration of the Township Zoning Ordinance
shall be by the Board of Supervisors until such time as it is
necessary to establish the office of zoning administrator who shall
be appointed by the Board and serve at its pleasure.

502.  Duties of the Administrator.

502.01.  The Board of Supervisors, hereafter referred to as Community
Zoning Administrator, Zoning Administrator or Administrator, shall
enforce the provisions of this Ordinance as provided herein; in
addition to the duties and powers of the Zoning Administrator under
this Ordinance, express or implied, he shall have the duty and power
to:

(1) Issue permits required by this Ordinance.

(2) Conduct inspections of land, buildings or structures at
reasonable times, to determine compliance with and enforce the
provisions of this Ordinance.

(3) Maintain all records necessary for the enforcement of this
Ordinance; including, but not limited to all maps, amendments, and
special use permits, variances, appeal notices, and applications
therefor.

(4) Receive, file and forward all appeals, notices, applications for
variances, special use permits or other matters to the appropriate
officials or boards.

(5) Institute in the name of the community, any appropriate actions
or proceedings to enforce this Ordinance.

(6) Serve as ex-officio, non-voting member of the Planning Commission.

502.02. ZONING ADMINISTRATION SUMMARY

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503.  Appeals and Variances; Board of Adjustment and Appeals.

503.01.  There is hereby established a Board of Adjustment and
Appeals.  The Board of Adjustment and Appeals shall have the
following powers with respect to this Ordinance.

(1) The exclusive power to hear and decide appeals where it is
alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of
the Zoning Ordinance.

(2) The exclusive power to hear requests for variance from the
literal provisions of this Ordinance in instances where their strict
enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant
such variances only when it is demonstrated that such actions will be
in keeping with the spirit and intent of this Ordinance.  The Board
of Adjustment and Appeals may not permit as a variance any use that
is not permitted under this Ordinance for property in the zoning
district where the land is located.  The Board may permit as a
variance the temporary use of a one family dwelling as a two family
dwelling.  The Board may impose conditions in the granting of a
variance to insure compliance and to protect adjacent properties.

Hardship means the proposed use of the property and associated
structures in question cannot be established under the conditions
allowed by this Ordinance or its amendments and no other reasonable
alternate use exists; however, the plight of the landowner must be
due to physical conditions Lnique to the land, structure or building
involved and are not applicable to other lands, structures or
buildings in the same zoning district; these unique conditions of the
site cannot be caused-or accepted by the landowner after the
effective date of this Ordinance or its amendments.

Economic considerations alone shall not constitute a hardship.

(3) If an official map has been adopted by the community, to hear and
decide on appeal by the owner of land who has been denied a permit to
build within the limits of lands delineated on an official map which
has been adopted and filed by the community as provided by Section
462.359 of the Minnesota Statutes and to grant a permit for building
in such location in any case in which the Board finds, upon the
evidence and the arguments presented to it:

(a) That the entire property of the appellant of which such area
identified for public purposes forms a part that cannot yield a
reasonable return to the owner unless such permit is granted, and

(b) That balancing the interest of the governing body in preserving
the integrity of the official map and of the ccmmunity comprehensive
plan and the interest of the owner of the property in use of his
property and in the benefits of ownership, the granting of such
permit is required by considerations of justice and equity.

In addition to the notice of hearing required by this Ordinance, a
notice shall be published in the official newspaper once at least ten
(10) days before the date of the hearing.  If the Board of Adjustment
authorizes the issuance of a permit, the council or other board or
commission having jurisdiction shall have six (6) months from the
date of the decision of the board to institute proceedings to acquire
such land or interest therein, and if no such proceedings are started
within that time, the officer responsible for issuing building
permits shall issue the permit if the application otherwise conforms
to community ordinances.  The Board shall specify the exact location,
ground area, height and other details as to the extent and character
of the building for which the permit is granted.

503.02.  The Board of Adjustment and Appeals shall consist of the
Town Board of Supervisors.

503.03.  The Board of Adjustment and Appeals shall elect a chairman
and vice-chairman from its members and shall appoint a secretary who
need not be a member of the Board.  Subject to such limitations as
may be imposed by the Governing Body, the Board may adopt rules for
the conduct of proceedings before it.  Such rules may include
provisions for giving of oaths to witnesses and the filing of written
briefs by the parties.  The Board shall provide for a record of its
proceedings which shall include minutes of its meetings, its findings
and the action taken on each matter hear by it, including the final
order.

503.04.  Variances.  An application for a variance shall be filed
with the Zoning Administrator; the application shall be accompanied
by development plans showing such information as the Zoning
Administrator may reasonably require for purposes of this Ordinance.

Information for presenting request for variance.  (Note: Because of
the wide scope of types of requests, this information is of a general
nature and may not cover every situation.  Please read all the way
through these instructions before you begin.)

(1) Whom to Contact.

(a) Make application with the Township Clerk at least 15 days prior
to the hearing presentation.  (Requests require publication and
notification of neighbors.)

(b) Immediately contact the Washington County Planning Department
with your plans.  This office is located on the lower floor of the
Washington County Courthouse.  A review statement by this department
is necessary when you present your plans at the Grant Town Planning
Commission hearing.

(c) Appear at the Grant Town Hall, 8380 Kimbro Avenue North, at the
time set for the hearing.  After the Grant Town Planning Commission
has reviewed your presentation it will make its recommendations to
the Town Board to either approve it, deny it, or continue the matter
to a later meeting if your presentation is not complete enough to
make a decision.  If the matter is ready to proceed to the Town Board
for action, please verify at the Planning Commission hearing when you
are to appear before the Town Board.

(d) When the request matter is passed onto the Town Board, which also
meets at the Town Hall, again appear with all your presentation
materials.  After the Town Board has reviewed your request, it will
make its decision; either to approve your request with conditions, to
deny your request, or to continue the matter to a later meeting if
information is missing considered necessary to making a decision.

(2) What to Present.

(a) Prepare a site plan of professional quality approximately 3' x 3'
in size, drawn to scale, legible and visible from at least 20 feet.
(At least 10 smaller copies, 8 1/2" x 11" should also be available.)

1.  Show location of all lot lines.  If you have a survey map,
present it also.

2.  Show all adjacent roads.

3.  Show all driveways and present building locations to scale.
Indicate footage from lot lines, etc.

4.  Show locations of existing wells, septic systems, ponds, streams,
steep grades, and other pertinent topographic features.

5.  Show to scale locations of proposed structures, wells, sanitary
facilities and septic systems, landscaping, driveways, parking areas,
and other information that may apply to the specific proposal.

6.  Show locations of neighbors' property and exact distance of
neighbors' buildings and structures, wells, septic systems,
driveways, ponding areas, and general topographic information.

7.  Show plans of professional quality of your proposed structures
drawn to scale.  (Check to verify setback requirements.)

8.  Certain uses require approval of other governmental agencies such
as the Department of Natural Resources, Pollution Control Agency,
Watershed District.  (Please check if any of this applies to your
situation.)

(b) Be prepared to give your reasons why you are making this request.

(Failure to comply with these instructions will lead to delays. If
you have questions, feel free to ask.)  504.  (Reserved.)

505.  Conditional Use Permits.

505.01.  The Governing Body may grant a conditional use permit in any
district provided the proposed use is designated in Section 6 of this
Ordinance as a conditional use for the district, upon finding that:

(1) Certain conditions as detailed in the Zoning Ordinance exist.

(2) The use or development conforms to the comprehensive land use
plan of the community.

(3) Is compatible with existing neighborhood.

(4) Meets conditions or standards adopted by the community not
incorporated in this Ordinance.

(5) The ownership has changed hands.

505.02.  The Zoning Administrator shall maintain a record of all
applications for and all conditional use permits issued including
information on the use, location, conditions imposed by the
community, time limits, review dates and such other information as
may be appropriate.

505.03.  Application.  Application for a conditional use permit shall
be filed with the Zoning Administrator.  The application shall be
accompanied by development plans for the proposed use showing such
information as may be reasonably required by the administrator,
including but not limited to those things listed below.  Such plans
shall contain sufficient information for the community to determine
whether the proposed development will meet all applicable development
standards.

(1) Site plan drawn to scale showing parcel and building dimensions.

(2) Location of all buildings and their size, including square
footage.

(3) Curb cuts, driveways, access roads, parking spaces, off-street
loading areas and sidewalks.

(4) Landscaping and screening plans including species and size of
trees and shrubs proposed.

(5) Finished grading and drainage plan sufficient to drain and
dispose of all surface water accumulated.

(6) Type of business or activity and proposed number of employees.

(7) Proposed floor plan and elevations of any building with use
indicated.

(8) Sanitary sewer and water plan with estimated flow rates.

(9) Soil type and soil limitations for the intended use.  If severe
soil limitations for the intended use are noted, a plan or statement
indicating the soil conservation practice or practices to be used to
overcome said limitation shall be made part of the application.

(10) A location map showing the general location of the proposed use
within the community.

(11) A map showing all principal land use within twelve hundred fifty
(1250) feet of the parcel for which the application is being made.

(12) Location of wells and septic systems on adjacent properties.

The application form shall be accompanied by an accurate list showing
the names and the mailing addresses of the record owners of all the
propperty within a minimum of twelve hundred fifty (1250) feet of the
property for which the conditional use permit is sought, verified as
to accuracy by the applicant.

505.04.  Hearing.  The Zoning Administrator shall refer the
application to the Planning Commission for consideration and public
hearing at its next regular meeting.  The public hearing shall be no
more than sixty (60) days after the date of filing of the application
with the Town Clerk.

Notice of the purpose, time and place of such public hearing shall be
published in the official newspaper of the community and presented to
each of the owners of all property located within a minimum of twelve
hundred fifty (1250) feet of the property described in the
application and such other persons as the Planning Commission may
direct, at least ten (10) days prior to the date of the hearing.  A
copy of the notice and a list of the owners and addresses to which
the notice was presented shall be attested to by the responsible
person and shall be made apart of the records of the proceedings.
The failure to give notice to individual property owners, or defects
in the notice shall not invalidate the proceedings, provided a bona
fide attempt to comply with the provisions of this section has been
made.

The applicant or his representative shall appear at the public
hearing in order to answer questions concerning the proposed use.

505.05.  Planning Commission Report.  The Planning Commission shall
make its report on the application to the Town Board, in writing
within sixty (60) days after the public hearing, unless the applicant
consents to extended consideration by the Planning Commission.  The
report shall recommend that the conditional use permit be granted or
denied and shall include the Planning Commission's recommendation as
to any conditions to be imposed if the conditional use permit is
granted, including time limits or provisions for periodic review and
shall state the reasons therefor.

The Planning Commission's report shall be filed with the Town Board,
who shall forward the same to the Governing Body, for consideration
at its next regular meeting; provided however, if the next regular
meeting of the Governing Body is within seven (7) days of the date of
filing, then such consideration may be at the second regular meeting
after said filing.

It the Planning Commission fails to file a report with the Town Board
within the time provided by this section, the application shall be
referred to the Governing Body as herein provided, without report,
after the time for filing the report has expired.

505.06.  Governing Body Action on Application.  The Governing Body
shall make its decision on the application within sixty (60) days of
the filing of the Planning Commission's report with the Town Board or
after the last day for filing the same if no report is filed.  The
Governing Body shall make written findings and shall state therein
the reasons for its decision.  Any such order shall be filed.

The Governing Body may impose such conditions and restrictions,
including time limits on the conditional use or periodic review as
appears to be necessary and proper to protect adjacent property and
comply with the intent and purposes of this Ordinance and the
comprehensive plan.

505.07.  Re-Application.  No application for a conditional use permit
shall be resubmitted for a period of six (6) months from the date of
the denial of a previous application.

505.08.  Periodic Review.  If a periodic review is imposed as a
condition of the granting of a conditional use permit, the
conditional use permit shall be reviewed by the Planning Commission
at a public hearing at least thirty (30) days prior to the expiration
of the permit, with notice of said hearing published in the official
newspaper at least ten (10) days prior to the review.  It shall be
the responsibility of the Zoning Administrator to schedule such
public hearing and notify the permit holder at least ten (10) days
prior to the hearing.

505.09.  Compliance with Permit; Violation of Conditions.  Any use
permitted under the terms of a conditional use permit shall be
established and conducted in accordance with all of the terms,
conditions and restrictions of such permit.  The violation of any
term, condition or restriction of a conditional use permit shall be a
violation of this Ordinance.

In the event of the violation of any term, condition or restriction
of a conditional use permit, the community may institute an
appropriate action or proceeding in District Court for such equitable
relief as may be appropriate including cancellation of the permit or
appropriate orders preventing, restraining, correcting or abating
such violations or threatened violations.

505.10.  Expiration and Suspension of Conditional Use Permit.  A
conditional use permit shall expire one (1) year after it has been
issued unless the Town Board has set some other time limitation or
unless the use for which the permit has been granted has commenced
within such year, except that upon written application of the owner
of the affected land for which the conditional use permit was granted
prior to the end of such year, the Town Board may extend the
expiration date of such permit for an additional period, not to
exceed one (1) year.  If under said conditional use permit, building
is commenced and subsequently determined by the Town Board to be
abandoned for a period of one hundred twenty (120) days, the
conditional use permit shall be suspended at the end of said one
hundred twenty (120) days.  Before said construction may be
recommenced, a conditional use permit can be reinstated by the Town
Board provided that no changes or alterations in the original plan
have been made.  If the building permit for the construction that was
determined to be abandoned became invalid prior to the recommencement
of such construction, the suspended conditional use permit shall
expire at the time said building permit became invalid.

505.11.  An amended conditional use permit application may be
administered in a manner similar to that required for a new
conditional use permit.  Amended conditional use permits shall
include reapplications for permits that have been denied or permits
that have expired, requests for changes in conditions, and as
otherwise described in this Ordinance.

505.12.  Inclusion.  All uses permitted by this ordinance by
conditional use permit in existence prior to the adoption date of
this Ordinance shall be automatically issued a conditional use permit
by the Zoning Administrator.  Any changes in the existing use after
the adoption date of this Ordinance shall require an amended
conditional use permit.

506.  Certificate of Compliance.

506.01.  The Zoning Administrator shall issue a certificate of
compliance in any district for a proposed use listed in Section 6 as
a use which must obtain a certificate of compliance prior to
construction or occupancy, if the proposed use will not be contrary
to the provisions of this Ordinance, and that other codes and
ordinances have been fully complied with.

506.02.  Conditions required by this Ordinance shall be applied to
the issuance of the certificate of compliance and a periodic review
of the certificate and proposed use may be required.  The certificate
shall be granted for a particular use and not for a particular person
or firm.

506.03.  The Zoning Administrator shall maintain a record of all
certificates of compliance issued including information on the use,
location and conditions imposed as part of the permit such as time
limits, review dates and such other information as may be appropriate.

506.04.  Whenever this Ordinance requires a certificate of
compliance, an application therefor, in writing, shall be filed with
the Zoning Administrator.

506.05.  The application shall be accompanied by development plans of
the proposed use showing such information as may be reasonably
required by the Zoning Administrator, including but not limited to
those listed below.  These plans shall contain adequate information
upon which the Zoning Administrator can determine the proposed
development will meet all development standards if the project
proceeds in accordance with such plans.

(1) Site plan drawn to scale showing parcel and building dimensions.

(2) Location of all buildings and their square footage.

(3) Curb cuts, driveways, access roads, parking spaces, off-street
loading areas and sidewalks.

(4) Landscaping and screening plans.

(5) Finished grading and drainage plans sufficient to drain and
dispose of all surface water accumulated in the area.

(6) Sanitary and storm sewer plans with estimated use.

(7) Soil type and soil limitations for the intended use.  If severe
soil limitations for the intended use are noted, a plan or statement
indicating soil conservation practice or practices to be used to
overcome said limitation shall be made prior to the permit
application.

(8) Location of well on applicant's property and adjacent properties.

(9) Any additional data reasonably requested by the Zoning
Administrator.

506.06.  The Zoning Administrator shall issue or deny the certificate
of compliance within ten (10) days of the date on which all of the
required information has been submitted.

506.07.  If no such action on the request for a certificate of
compliance is taken within such time, the request for a certificate
of compliance shall be considered denied.

506.08.  If the request for a certificate of compliance is denied or
if conditions are imposed, the applicant may appeal the decision to
the Board of Adjustment and Appeals.  The procedures to be followed
in this case shall be the same as those followed for an appeal to any
administrative decision made by the Zoning Administrator.

507.  (Reserved.)

508.  Amendments.

508.01.  An amendment to this Ordinance may be initiated by the
Governing Body, the Planning Commission or by petition of affected
property owners as defined herein.  An amendment not initiated by the
Planning Commission shall be referred to the Planning Commission for
study and report, as hereinafter provided, and may not be acted upon
by the Council until it has received the recommendation of the
planning agency on the proposed amendment or until sixty (60) days
have elapsed from the date of reference of the amendment without a
report by the Planning Commission.

508.02.  The Zoning Administrator shall maintain a record of all
applications for amendments to this Ordinance.

508.03.  Application.  Where an amendment to this Ordinance is
proposed by a property owner, an application therefor shall be filed
with the Town Clerk; said application shall be accompanied by
development plans, if any, for the use which requires the rezoning.
The development plans shall show such information as may be
reasonably required by the administrator, including but not limited
to those things listed below.

Such plans shall contain sufficient information for the community to
determine whether the proposed development is in keeping with the
intent and purpose of this Ordinance and the comprehensive plan.

(1) Site plan drawn to scale showing parcel and building dimensions.

(2) Location of all buildings and their size, including square
footage.

(3) Curb cuts, driveways, access roads, parking spaces, offstreet
loading areas and sidewalks.

(4) Landscaping and screening plans including species and size of
trees and shrubs proposed.

(5) Finished grading and drainage plan sufficient to drain and
dispose of all surface water accumulated within the area.

(6) Type of business or activity and proposed number of employees.

(7) Proposed floor plan and elevations of any building with use
indicated.

(8) Sanitary sewer and water plan with estimated daily flow rates.

(9) Soil type and soil limitations for the intended use.  If severe
soil limitations for the intended use are noted, a plan or statement
indicating the soil conservation practice or practices to be used to
overcome said limitation shall be made part of the application.

(10) A location map showing the general location of the proposed use
within the community.

(11) A map showing all principal land use within twelve hundred fifty
(1250) feet of the parcel for which application is being made.

(12) Locations of wells and septic systems on adjacent properties.

The application form shall be accompanied by an accurate list showing
the names and the mailing addresses of the record owners of all the
property within a minimum of twelve hundred fifty (1250) feet of the
property for which the amendment is sought, verified as to accuracy
by the applicant.

508.04.  Hearing.  The Town Clerk shall refer the application to the
Planning Commission for consideration at its next regular meeting.
The public hearing shall be no more than sixty (60) days after the
date of filing of the application with the Town Clerk.

Notice of the purpose, time and place of such public hearing shall be
published in the official newspaper of the community and presented to
each of the owners of all property located within a minimum of twelve
hundred fifty (1250) feet of the property described in the
application, and such other person as the Planning Commission may
direct, at least ten (10) days prior to the date of the hearing.  A
copy of the notice and a list of the owners and addresses to which
the notice was presented shall be attested to by the responsible
person and shall be made a part of the records of the proceedings.
The failure to give notice to individual property owners, or defects
in notice shall not invalidate the proceedings, provided a bona fide
attempt to comply with the provisions of this section has been made.

The application or his representative shall appear at the public
hearing in order to answer questions concerning the proposed use.

508.05.  Planning Commission Report.  The Planning Commission shall
make its report on the application to the Town Board, in writing,
within sixty (60) days after the public hearing, unless the applicant
consents to extended consideration by the Planning Commission.  The
report shall recommend that the amendment be granted or denied and
shall include the Planning Commission's recommendation as to any
conditions to be imposed if the amendment is granted, including time
limits or provisions for periodic review and shall state the reasons
therefor.

The Planning Commission's report shall be filed with the Town Board
for consideration at its next regular meeting.

If the Planning Commission fails to file a report with the Town Board
within the time provided by this section, the application shall be
considered by the Town Board, without report, after the time for
filing the report has expired.

508.06.  Town Board Action on Application.  The Town Board shall make
its decision on the application within sixty (60) days of the filing
of the

Planning Commission's report.  The Town Board shall make written
findings and shall state therein.the reasons for its decision and
mail a copy thereof to the applicant.

In the event such order directs amendment of this Ordinance, the Town
Board shall refer the order to the community attorney to prepare an
amendment of the Zoning Ordinance as provided by law.

508.07.  Re-Application.  No re-application for zoning amendment
shall be resubmitted for a period of six (6) months from the date of
the denial of a previous application.

508.08.  Zoning and the Comprehensive Plan.  Any amendment to this
Ordinance shall amend the comprehensive plan in accordance therewith.
The Planning Commission shall inform the Town Board of any zoning
proposal which does not conform to the comprehensive plan and inform
the Town Supervisors as to why the plan should or should not be
amended.

508.09.  Prior to approval of any zoning change not conforming to the
comprehensive plan, a public hearing shall be conducted by the
Planning Commission and the results noted in the minutes of the
official proceedings.  The public hearing required for the zoning
change or amendment may also serve as the public hearing for an
amendment to the comprehensive plan.

508.10.  In granting or recommending any rezoning provided for in
this Ordinance, the Planning Commission and Town Board shall find
that the proposed development conforms substantially to the policies,
goals and standards of the comprehensive plan.

509.  Permits

509.01.  Building Permits and the Building Code.

(1) No structure shall hereafter be erected or structurally altered
until a building permit shall have been issued, indicating that the
existing or proposed structure and the use of the land comply with
this chapter and all Building Codes.

(2) Building permits shall not be issued unless the proposed
improvement meets all of the requirements of the Building Code.

(3) No site preparation work, including rough grading, driveway
construction, footing excavation, tree removal or other physical
changes to the site shall occur prior to the issuance of a building
permit and other zoning use permits.

(4) Applications for permits as required by this Section (509) shall
be made to the Town Clerk or Building Official on forms to be
furnished by him.  The Town Clerk or Building Official shall maintain
a record of all applications for and all permits issued under this
Section (509).

(5) Application for a building permit shall be accompanied by a site
plan drawn to scale showing the dimensions of the lot to be built
upon, the size and location of the building, utilities including
on-site septic systems and accessory buildings to be erected, the
vegetation and major topographic changes and drawings of the
improvement in sufficient detail to permit checking against the
Building Code, and such other information as the Town Board or
Building Official may reasonably require to determine compliance with
this Ordinance and the Building Code.  In some cases, the Town Board
may require a certificate of survey before a building permit will be
issued.

(6) No building permit shall be issued for any improvement which
would result in a use, building or structure in violation of this
Ordinance, or the Subdivision, Shoreland Management, Floodplain,
On-Site Sewer Disposal, Mining or other community Ordinance.

(7) The work for which a building permit is issued shall commence
within sixty (60) days after the date thereof unless an application
for an extension of ninety (90) days has been submitted to the
Building Official and approved by him.  The work shall be completed
within one (1) year of the date of issuance.

(8) Permits issued by the Zoning Administrator or Building Official
under the provisions of this sub-section and the Building Code shall
expire and be null and void if the work authorized by a permit is
abandoned or suspended for a period of one hundred twenty (120) days
or in the event that work is not commenced or completed within the
time limitations of Section 509.01 (7) of this Ordinance.

(9) Suspension or Revocation.  The Building Official may, in writing,
suspend or revoke a permit issued under the provisions of this
Ordinance and the Building Code whenever such permit is issued in
error or on the basis of incorrect information supplied, or in
violation of any community ordinance, regulation or code.

509.02.  Moving Permits.  No building or structure which has been
wholly or partially erected shall be moved to any other location
within the community unless a permit to move said building or
structure has been obtained or provided herein.  Any such building or
structure proposed to be moved shall meet all requirements of the
Building Code applicable to a new building or structure.
Construction sheds, agricultural buildings or temporary structures to
be located on a lot for twelve (12) months or less do not need a
moving permit.

509.03.  Septic Permits.  In areas without public sewer facilities,
no building permit for any use requiring on-site sewage treatment and
disposal shall be issued until a septic permit has first been issued.

A septic permit shall be issued only after proof is furnished by the
applicant that a suitable on-site sewage treatment and disposal
system can

be installed on the site.  Such system shall conform to all of the
requirements of the Township's.On-Site Sewage Treatment and Disposal
Ordinance, including percolation tests and borings.

509.04.  Driveway Access Permits.  A driveway access permit to a
public road shall be secured from the public agency with jurisdiction
and maintenance responsibilities over the road, prior to the issuance
of a building permit.

509.05.  No person shall do any grading without first having obtained
a grading permit from the Building Official except for the following:

(1) Grading in an isolated, self-contained area if there is no danger
apparent to private or public property.

(2) An excavation below finished grade for basements and footings of
a building, retaining wall or other structure authorized by a valid
building permit.  This shall not exempt any fill made with the
material from such excavation nor exempt any excavation having an
unsupported height greater than five (5) feet after the completion of
such structure.

(3) Cemetery graves.

(4) Refuse disposal sites controlled by other regulations.

(5) Excavations for wells or tunnels or utilities.

(6) Mining, quarrying, excavating, processing, stockpiling of rock,
sand, gravel, agreegate or clay where established and provided for by
law provided such operations do not affect the lateral support or
increase the stresses in or pressure upon any adjacent or contiguous
property.

(7) Exploratory excavations under the direction of soil engineers or
engineering geologists.

(8) An excavation which (a) is less than 2 feet in depth or (b) which
does not create a cut slope greater than 5 feet in height and steeper
than one and one-half horizontal to one vertical.

(9) A fill less than 1 foot in depth, and placed on natural terrain
with a slope flatter than five horizontal to one vertical, or less
than 3 feet in depth, not intended to support structures, which does
not exceed 50 cubic yards on any one lot and does not obstruct a

drainage course.

509.06.  Sign Permits.  Sign permits shall be required as stated in
Section 727 of this Ordinance.

510.  Certificate of Occupancy.

510.01.  No person may change the use of any land (except for
agricultural purposes or for construction of essential services and
transmission lines), or occupy a new or structurally altered building
used for non-agricultural use, after the effective date of this
Ordinance, unless he has first obtained a certificate of occupancy.

510.02.  Application for a certificate of occupancy for a new
building or for an existing building which has been so altered may be
filed with the Building Official any time after the application for a
building permit for such building.  The certificate of occupancy
shall be issued within ten (10) days after the construction or
alteration of such building or part thereof has been completed in
conformity with the provisions of this Ordinance and the Building
Code.  Pending the issuance of said certificate, a temporary
certificate of occupancy may be issued, subject to the provisions of
the Building Code for a period not to exceed twelve (12) months
during the completion of the erection or the alteration of such a
building.  The temporary certificate shall not be construed as in any
way altering the respective rights, duties or obligations of the
owners or of the community relating to the use or occupancy of the
premises or any other matter except under such restrictions and
provisions as will adequately insure the safety of the occupants.
The use of any structure for which a building permit is required
shall be considered a violation of this Ordinance unless a
certificate of occupancy has been issued.

510.03.  Application for a certificate of occupancy for a new use of
land shall be made to the Building Official before any such land
shall be so used.  Such certificate of occupancy shall be issued
within ten (10) days after this application if the use is in
conformity with the provisions of this Ordinance.

510.04.  A record of all applications for and certificates of
occupancy shall be kept on file.

511.  Fees.

511.01.  There shall be an application fee for all applications made
pursuant to the provisions of this Ordinance as set by resolution of
the Governing Body.

511.02.  Municipal corporations and governmental agencies shall be
exempt from the fee requirements of Section 511.01 of this Ordinance.

512.  Environmental Assessment (EAW) and Impact Statements (EIS).

512.01.  No zoning, building permit, structure or land use, variance
or ordinance amendment shall be approved prior to review by the
Planning Commission to determine the necessity for completion of a
Minnesota Environmental Assessment Worksheet (EAW) as required by the
Minnesota Environmental Quality Board Regulations (1977).

512.02.  The purpose of an EAW is to assess rapidly, in a worksheet
format, whether a proposed action is a major action with the
potential for significant environmental effects, or in the case of a
private action, whether it is of more than local significance.

512.03.  Projects which shall be required to file a mandatory
Environmental Assessment Worksheet (EAW) shall include:

(1) Construction or opening of a facility for mining gravel, other
non-metallic minerals and fuels involving more than three hundred
twenty (320) acres.

(2) An action that will eliminate or significantly alter a wetland of
type 3, 4 or 5 (as defined in United States Department of Interior,
Fish and Wildlife Service, Circular 39, "Wetlands of the United
States, 1956") of five (5) or more acres either singly or in a
complex of two (2) or more wetlands.

(3) Construction of a new or additional residential development that
includes one hundred (100) or more units in an unsewered area.

(4) Construction of a residential development consisting of fifty
(50) or more residential units, any part of which is within a
shoreland area.

(5) Conversion of twenty (20) or more contiguous acres of forest
cover to a different land use.

512.04.  An optional EAW may be required by the Governing Body or by
any project applicant on any proposed action to determine if the
project has the potential for significant environmental effects or if
the project is of more than community significance, provided any of
the following situations exist:

(1) The proposed project is in or near an area recognized in the
community comprehensive plan as being environmentally sensitive due
to steep slopes, bluffline, exposed bedrock, floodplain or wetlands,
streams or drainage areas, ground water, erodible soils, prime
agricultural soils or unique vegetation.

(2) The proposed project is in or near an area of natural aesthetics,
scenic views, delineated critical area or unique natural beauty as
recognized by the comprehensive plan, Planning Commission or
Governing Body.

(3) The proposed project significantly alters existing traffic
patterns or increases the noise level on such roads or streets by
more than ten percent (10%).

(4) The proposed project is adjacent to or near a public recreation
land or facility and alters or increases use, noise levels, traffic
or degrades air quality or natural aesthetics as viewed from the
facility.

(5) The proposed project is construction or opening of a facility for
mining and/or processing of gravel, sand, other nonmetallic minerals
and fuels involving more than fifty (50) acres.

(6) The proposed project involves the construction of new or
additional residential subdivisions that include fifty (50) or more
lots in an unsewered area.

512.05.  The Governing Body shall prepare or cause to be prepared by
consultants, an Environmental Assessment Worksheet which is mandatory
or optionally required.  The project proposer shall provide the
Zoning Administrator with a draft worksheet.  If sufficient detailed
information is not made available from the project proposer or if the
Zoning Administrator cannot complete the EAW because of time or
interest conflicts, the Zoning Administrator may utilize professional
consultants to gather necessary information and to complete the
worksheet.

512.06.  Upon completion of said worksheet, the Planning Commission
shall write a recommended finding from the worksheet on whether or
not there are sufficient enviornmental effects or effects of more
than local significance which shall require a Minnesota Environmental
Impact Statement.

512.07.  The Zoning Administrator shall submit the Environmental
Assessment Worksheet and his recommendation finding to the Planning
Commission at its next regular meeting or special meeting before the
next regularly scheduled board meeting.  After reviewing the Zoning
Administrator's written findings, the Planning Commission shall
recommend to the Governing Body whether or not there are significant
environmental effects from the project to require the writing of an
impact statement.  The Planning Commission may hear appeals of the
Zoning Administrator's recommendation at this meeting.

512.08.  Within forty five (45) days of the date the project
proponent filed a planning request, the Governing Body shall have
reviewed any appeals, the Zoning Administrator's written finding, the
Planning Commission recommendation and shall have forwarded its final
decision on the necessity for preparing an Environmental Impact
Statement to the Minnesota Environmental Quality Board to be
officially published in the Environmental Quality Board Monitor.

512.09.  Copies of the Zoning Administrator's written findings on the
worksheet and the Governing Body's final decision shall be mailed to
all points on the official Environmental Quality Board distribution
list and to adjacent counties and municipalities likely to be
directly impacted by the proposed project.  The Zoning Administrator
shall also submit an affidavit certifying the date and places copies
of the worksheet were submitted.

512.10.  Thirty (30) days after the date of the publication of the
Governing Body's decision in the Environmental Quality Board Monitor,
if no objections are filed with the EQB, the decision stands.

512.11.  If preparation of an EIS is required, the proponent shall
follow the procedure outlined in the State of Minnesota Quality Board
Regulations concerning environmental impact statements.  A draft
impact state ment, as prepared by or under the direction of the
Zoning Administrator shall be prepared and filed with the EQB within
one hundred twenty (120) days of the decision to require an
Environmental Impact Statement.

512.12.  Any proposed project or use on which an EIS is required
shall be considered a conditional use as defined in the current
zoning ordinance and shall comply with the procedure for approval of
a conditional use permit.  Mitigating recommendations of the EIS
shall be incorporated as conditions of issuance of the conditional
use permit.

512.13.  Time delays in the normal permit process caused by the
filing and review of the EAW and/or EIS shall not be considered part
of the permit approval time requirements within this Ordinance.  Such
delays shall be considered as additional required time for each
required permit.  The permit process for the proposed project may be
continued from the point it was interrupted by the Worksheet/EIS
process.

512.14.  Construction begun on projects requiring an EAW shall be
halted at such time as an EIS is officially required by the
Environmental Quality Board or local Governing Body regulations.

512.15.  Any applicant shall agree in writing as part of his
application to reimburse the Governing Body prior to the issuance of
any permits, for all reasonable costs, including legal and consultant
fees incurred by the Governing Body in review of the applican'ts
project and its impact on the community.

512.16.  The applicant shall deposit with the community from time to
time an amount determined by the Zoning.Administrator, necessary to
cover such costs prior to commencement of the review or stage of the
review.  The applicant shall reimburse the security fund for any
deficits caused if the amount actually expended or billed to the
community by the consultants exceeds the security fund balance.  The
community shall refund any money deposited in the security fund and
not expended within thirty (30) days after final action on the
application.  The community shall not pay interest on such security
deposits.