Ordinance 50 SECTION 6.
ZONING DISTRICTS, PERMITTED USES AND DIMENSIONAL STANDARDS

601. Districts.

601.01.  For the purpose of this Ordinance, the community is hereby
divided into the following basic Zoning Use Districts:

District Symbol Intent and Primary Use

A-1 - Preserve land to be utilized for agriculture and commercial
food production on lots smaller than those required in AP Districts.
A-1 Districts provide areas of rural lot density housing with lots
large enough for significant agricultural activity to occur.

A-2 - Provide rural low density housing in agricultural districts on
lands not capable of supporting long term, permanent com Qnercial
food production.  A-2 District lot sizes will provide for marginal
agriculture and hobby farming.

C - Preserve, protect and manage environmentally sensitive areas
having wet soils, steep slopes, exposed bedrock or unique natural and
biological characteristics in accordance with compatible uses.

R-1 - Provide low density residential areas in rapidly developing
rural settings.  R-1 Districts will provide lots large enough to
maintain a semirural setting, but lots not large enough to support
commercial agriculture.  R-1 Districts will provide a buffer between
agricultural districts and urban, or rapidly developing districts.

GB - Provide districts for a general mix of commercial businesses.
General Business Districts will be located in areas where there is a
demand for diversified business districts and in areas capable of
supplying the utilities for such development.

601.02.  Overlay Zoning Use Districts.  At the time of adoption of
this Ordinance or at some future date, the Governing Body may adopt
overlay districts to promote specific orderly development or to
protect some specific sensitive natural resource.

601.03.  The following overlay regulations are in addition to
regulations imposed by the existing basic zoning use districts:

District Symbol Intent and Primary Use

AP - Preserve commercial agriculture as a viable permanent land use
and a significant economic activity within the community.  Areas
designated AP would provide land area for permanent economically
viable commercial food production.

AZ - Protect life from potential aircraft catastrophe and noise by
restricting development in Airport Zones.

FP - Protect the natural environment, homes and other structures from
flood waters by preserving the natural overflow areas of lakes,
streams and rivers.

601.04.  The following overlay regulations are in lieu of regulations
imposed by the existing basic zoning use districts:

District Symbol Intent and Primary Use

LS-1 - Protect the ecological and scenic views of natural,
undeveloped water bodies from the harmful effects of development.

LS-2 - Protect the recreational value of a water body while allowing
residential development along the shoreline.

602.  Minimum Requirements.

602.01.  The following chart sets out the minimum area, maximum height and other dimensional
requirements of each zoning district.
 
ZONING DISTRICT AP A1    A2 R1 C GB
(1) Lot area per dwelling unit (acres) One family structure 5 5 5 5 5 .
(2) Minimum floor area per dwelling (sq.ft.) 1000 1000 1000 1000 1000 .
(3) Minimum non-residential lot area (acres) . . 2 . . .
(4) Minimum Frontage on an Improved Public Road (feet)
History: Ordinance 1996-73 sec. 1
300 300 300 300 300 160
(4a) Minimum Frontage on a cul-de-sac (feet)
History: Ordinance 1996-73 sec. 2
60 60 60 60 60 60
(5) Minimum lot width (feet) 300 300 300 300 300 100
(6) Minimum lot depth (feet) 300 300 300 300 300 150
(7) Minimum front yard setback (feet)  80 65 65 65 65 65
(8) Minimum side yard setback (feet) from street in case of corner lot
     from interior lot line 
80
40
 65
20
65
20
65
20
65
20
65
20
(9) Minimum rear yard setback (feet) 50 50 50 50 50 30
(10) Maximum height (feet) 35 35 35 35 35 35
(11) Maximum floor ratio 30% 30% 30% 30% 30% 40%
(12) Parking surfaces or structures of any type 50% 50% 50% 50% 50% 80%
(13) Minimum lot width at front lot line cul-de-sac street (feet)  History: 1984-55 sec.1 66 66 66 66 66 66
(14) Minimum lot width at front setback line (feet) History: 1984-55 sec.1 160 160 160 160 160 100

1. Density Restriction: The maximum density in the AP District is one unit per 40 acres or
   according to the State Statutes, Section 473H.03 Sections 3 and 4.

2. History: Ordinance 1997-80 sec 1. (See 602.01(13) Density Restrictions - follows)

3. At some place on the lot, a circle of 300 foot diameter must be inscribed

602.02.  Additions and Exceptions to Minimum Area, Height and Other
Requirements.

(1) For the purpose of this Ordinance, the term "existing lot" shall
mean: A lot or parcel of land which was of record as a separate lot
or parcel in the office of the Washington County Recorder or
Registrar of Titles, on or before the date of adoption of this
Ordinance.

(2) Any such lot or parcel created in accordance with the Community
Subdivision Regulations and is at least two and onehalf (2.5) acres
in size, shall be exempt from the requirements of Section 602.02 (3
and 4) and shall be considered buildable if the lot or parcel can
comply with the remaining requirements of Section 602.02.

(3) Any such lot or parcel of land less than two and one-half (2.5)
acres which is in a residential or agricultural district may be used
for single family detached dwelling purposes provided the area and
width thereof are within sixty percent (60%) of the minimum
requirements of this section; provided all setback requirements of
this Ordinance can be maintained; and provided it can be demonstrated
that a safe and adequate sewage treatment system can be installed to
serve such permanent dwelling.

(4) If in a group of two or more contiguous lots or parcels of land
owned or controlled by the same person, any individual lot or parcel
does not meet the full width or area requirements of this Ordinance,
such individual lot or parcel cannot be considered as a separate
parcel of land for purposes of sale or development, but must be
combined with adjacent lots or parcels under the same ownership so
that the combination of lots or parcels will equal one or more
parcels of land each meeting the full lot width and area requirements
of this Ordinance.

(5) Subdivision of Lots.  Any lot or parcel of land subdivided by any
means after the effective date of this Ordinance for purposes of
erecting a structure, must be approved as required by the Community
Subdivision Ordinance.

(6) Lots in the Floodplain.  All lots in a designated floodplain
shall be subject to the County Floodplain Ordinance as well as the
regulations provided by this chapter.

(7) Reduction of Required Yard of Lot Size Prohibited.  No yard shall
be reduced in area or dimension so as to make it less than the
minimum required by this Ordinance, and if the existing yard is less
than the minimum required, it shall not be further reduced.  No
required yard currently used for a building or dwelling group shall
be used to satisfy minimum lot area requirements for any other
building.

(8) Sloping or Erodible Building Sites.  On sites with slopes of
greater than twenty-five percent (25%) or on easily erodible soils as
defined on the community soils maps and compiled by the Washington
County Soils Conservation District, no structure shall be
constructed.  (Also See Section 742.)

(9) Heavily Wooded Sites.  On any lot, clear cutting shall require a
conditional use permit.  A certificate of compliance shall be
required for all cutting on all slopes in excess of eighteen percent
(18%).  On such slopes, a revegetation plan shall also be required
prior to issuance of a building permit.  (See Sections 742 and 748.)

(10) In areas without public sanitary sewer where public sanitary
sewer is not proposed in the Coromunity's Capital Improvement Program
or Comprehensive Plan, single family homes shall demonstrate suitable
soil conditions for a minimum on-site sewage treatment area
suffici:ent to accommodate the original drainfield and a replacement
drainfield.

A building permit shall not be issued for a lot which either does not
meet the minimum acres of acceptable soils for onsite sewage
treatment; or does not have enough acceptable soils within the lot or
under legal contract to construct at least two (2) complete
septic/drainfield treatment systems.

602.03.  Permitted Encroachments on Required Yards.  The following
shall be permitted encroachments into setback and height
requirements, except as restricted by other sections of this
Ordinance:

(1) In any yards: posts, off-street open parking, flues, leaders,
sills, pilasters, lintels, cornices, eaves (up to three (3) feet),
gutters awnings, open terraces, steps, chimneys, flag poles, open
fire escapes, sidewalks, fences, essential services, exposed ramps
(wheelchair), uncovered porches, stoops or similar features provided
they do not extend above the height of the ground floor level of the
principal structure or to a distance less than three (3) feet from
any lot line nor less than one (1) foot from any existing or proposed
driveway; yard lights and nameplate signs; trees, shrubs, plants;
floodlights or other sources of light illuminating authroized
illuminated signs, or light standards for illtnninating parking
areas, loading areas or yards for safety and security reasons,
provided the direct source of light is not visible from the public
right-of-way or adjacent residential property.

(2) In side and rear yards: fences thirty percent (30%) open; walls
and hedges six (6) feet in height or less.

(3) On a corner lot: nothing shall be placed or allowed to grow in
such a manner as materially to impede vision between a height of two
and one-half (2 1/2) and ten (10) feet above the centerline grades of
the intersecting streets within one hundred (100) feet of such
intersection.

(4) In no event shall off-street parking, structures of any type,
buildings or other improvements cover more than seventy-five percent
(75%) of the lot area.  In no event shall the landscaped portion of
the lot be less than twenty-five percent (25%) of the entire lot as a
result of permitted encorachments.

602.04.  Setbacks.

(1) Front Setbacks.  Where a vacant buildable lot is adjacent to
structures existing at the time of adoption of this Ordinance having
a substandard setback from that required by this section, the Zoning
Administrator shall determine a reasonable, average, calculated front
yard setback to implement the requirements of this section, and to
fulfill its purpose and intent.  However, in no case shall a building
be required to be setback more than one hundred eighty (180) feet
from the street centerline, except where an industrial district is
adjacent to a residential district.  In a residential district, the
front yard setback shall conform to the established setback line,
unless the Zoning Administrator determines that another setback is
more appropriate as provided herein.

(2) Setbacks Adjacent to Residential Areas.  Where a commercial
district is adjacent to a residential district, the minimum
commercial building setback from the lot line shall be fifty (50)
feet.

(3) Setbacks along Arterials.  Along roads and streets designated as
"Arterials" in the comprehensive plan, the minimum front setback for
principal buildings shall be one hundred fifty (150) feet from the
nearest planned street centerline.

(4) Setbacks from Private Roads.  All setback requirements of this
section shall also be applicable to private roads and easement access
rights-of-way.

602.05.  Height.

(1) No structure shall exceed thirty-five (35) feet in height,
including church spires, bellfries, cupolas and domes, monuments,
chimneys and smokestacks, flag poles, public facilities, transmission
towers of private radio broadcasting stations, television antennae;
except barns, silos, and other farm structures, utility transmission
services and transmission towers of commercial broadcasting stations.

(2) Parapet walls shall not extend more than four (4) feet above the
height permitted of the buildings.

603.  Zoning District Map.

603.01.  The boundaries of the districts as established by this
chapter are as shown on the map published herewith and made part of
this chapter, said map is designated as the Official Zoning Map of
the community and shall be maintained as provided herein by the
community zoning administrator.  The district boundary lines on said
map are intended to follow street right-of-way lines, street
centerlines 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 thereon shall have the same force and effect
as if fully set forth herein and are hereby made a part of this
chapter by reference and incorporated herein as fully as if set forth
herein at length.  Whenever any street or other public way is
vacated, any zoning district line following the centerline of said
vacated street or way shall not be affected by such vacation.

603.02.  When uses in a district are listed as both permitted and as
conditional uses, or when any other conflict appears in this chapter
with respect to permitted uses within a district, the more
restrictive portion shall be applied.

603.03.  Uses shall be allowed according to the Use Table, Section
604.  When a specific use is not listed, the closest similar listed
use shall determine the restrictions and conditions which apply.

604.  Uses in Conservancy, Agricultural, Residential and General
Business Districts:

<<<<< figure needs work >>>>>

USE                                          ZONING DISTRICT

p   = Permitted
c   = Conditional Use Permit & Public Hearing
cc  = Certificate of Compliance
a   = Permitted Accessory Use
n  = Not Permitted

(for definitions of Zoning Districts see section 601)
. AP A1 A2 RB GB
Agriculture (See Section 744)  c p p p p n
Airports, Airstrip, Heliports (See Section 607) n n c c n n
Animals - Commercial Training n c c n n n
Animals - Domestic Farm (See Section 730)  n p p p p n
Antennae or Towers Over 35 Feet in Height (As permitted by Section 602.05) n c c c c c
Archery Range - Commercial Outdoors c n c c n n
Armories, Convention Halls and Similar Uses  n n n n n n
Apartment Buildings n n n n n n
Auto/Car Wash n n n n n c
Auto Reduction Yard; Junk Yard n n n n n n
Automobile Repair n n n n n c
Automobile Service Station (See Section 735) n n n n n c
Bars and Taverns n n n n n c
Blacktop or Crushing Equipment for Highways n n c n n n
Boarders  n n n n n n
Boat Dock (Non-Commercial) (See  County Chapters 2 & 7) a a a a a n
 Boat, Trailer, Marine Sales (Enclosed) n n n n n c
Broadcasting Studio n n n n n c
Business - Seasonal n c c c c c
Cafes and Restaurants n n n n n c
Campgrounds, Tents and Tent Trailers Only n n n n n n
Care Facility (See Section 731.03)  n c c c c n
Cemeteries n n c c c n
Churches c c c c c c
Clear Cutting C See Section 748) n c c c c n
Clubs or Lodges n n c c c c
Cluster Developments n n n n n n
Commercial Recreation c n c c c c
Commercial Schools n n n n n c
Convents n n c c c n
Disposal Areas - Solid and Liquid Waste n n n n n n
Domestic Pets p p p p p n
Drive-In Business n n n n n n
Essential Services - Government Uses, Buildings & Storage c c c c c c
Essential Services - Transmission Services, Buildings & Storage c c c c c c
Explosives - Manufacture, Storage (See Section 716) n n n n n n
Explosives - Utilization (See Section 716) n c c c n n
Farm (See Agriculture) - - - - - -
Farm Equipment Sales n n n n n a
Feedlots - Commercial (See Sections 730 & 744) n c c n n n
Fences (See Section 705) a a a a a a
Flammable Gasses & Liquids (Business/Distribution) n n n n n n
Forests p p p p p c
Fuel Sales n n n n n c
Funeral Homes n n n n n n
Garage - Private (See Section 703) a a a a a n
Garage - Repair n n n n n c
Garage - Storage n n n n n c
Golf Courses and Country Clubs n n c c c n
Grading (See Section 741) - - - - - -
Greenhouses (Commercial Production Only) n c c c c c
Guest House (See Section 718) n n n n n n
Gun Clubs n n c c n n
Gun Ranges n n n n n n
Home Occupations (Meeting Criteria) cc cc cc cc cc n
Home Occupations (Not Meeting Criteria) n n c c c n
Hotel or Motel n n n n n n
Housing - Student n c c c c n
Identification and Nameplate Signs (See Section 727 ) - - - - - -
Incidental Repair  n a a n n n
Information Centers n n cc c c n
Institutional Housing  n n n n n n
Interim Uses (See Section 728) n n n n n n
Junk Yard n n n n n n
Kennels - Private n c c c c n
Kennels - Commercial n c c n n n
Land Reclamation (See Section 741)  n c c c c c
Landscaping and Decorative Features (See Section 709) a a a a a a
Lodging Rooms n n n n n n
Manufacturing - General n n n n n c
Manufacturing - Limited  n n n n n c
Medical Uses n n c c c c
Mining (See Section 743) c c c n n n
Manufactured Home - Care Facility (See Section 731.03) c c c c c n
Manufactured Home - Court/Park n n n n n n
Manufactured Home - Temporary Farm Dwelling (See Section 731.04) n c c n n n
Motel or Hotel  n n n n n n
Multiple Family Lwellings (With Central Sewer) n n n n n n
Nature Centers, Private or Public c c c c c c
Nursery - Commercial (Production of Trees and Shrubs) cc p p c c n
Nurseries - Day and School  n c c c c n
Nursery and Garden Supplies C Exterior or Enclosed Sales)  n n n n n c
Offices n n n n n c
Off-Street Loading (See Section 713) n n n n n a
Off-Street Parking (See Section 712) a a a a a a
Parks c n c c c c
Photo, Art Studio n n n n n c
Planned Unit Developments n n n n n n
Public Enclosed Rentai Storage or Garages n n n n n c
Race Tracks n n n n n n
Railroad Operations n n c c n n
Recreation Areas - Commercial n c c n n c
Recreation Areas - Private c c c c c n
Recreation Equipment Storage - Commercial (Inside Storage Only) n c c c n c
Recreation Equipment Storage - Private (side and rear yard only) (See Section 706) a a a a a n
Reduction or Processing of Refuse Trash and Garbage n n c n n n
Rental of Cars, Trailers, Campers, Trucks & Similar Equipment n n n n n c
Repair Garage n n n n n c
Research n c n n n c
Residential - Multiple Family (With Central Sewer) n n n n n n
Residential - Single Family Detached Dwellings (See Section 602.01)  cc p p p p n
Residential - Townhouse n n n n n n
Residential - Two Family Dwellings (Duplex) (See Section 602.01)  n n n n n n
Residential Waterfront Uses a a a a a n
Resorts c n c c c n
Rest or Nursing Homes n n n n n n
Retail Business n n n n n c
Riding Stables - Commercial n c c n n n
Riding Stables - Private c c c c c n
Roadside Sales Stand (Seasonally Operated) cc cc cc cc cc n
Roads - Private n n n n n n
Sales - Open Lot Displays with On-Site Display Office (Auto - See Section 729) n n n n n c
Sales - Open Lot (Outdoor) Displays But No Office n n n n n c
Schools - Public and Private n n c c c n
Service Station (See Section 735) n n n n n c
Signs - Advertising (See Section 727) n n n n n c
Signs - Other Than Permitted Accessory Signs (See Section 727.31) - - - - - -
Single Family Detached Dwellings cc p p p p n
Shopping Center  n n n n n n
Storage, Highway Construction Equipment During Construction n n c c c n
Storage - Open (See Section 706) n cc cc cc cc c
Storage - As a Principal Use (See Section 706) n c c c c c
Storage - Normally Incidental to the Principal Use (See Section 706) a a a a a a
Storage - Not Accessory to a Permitted Principal Use (See Section 706) n c c c c n
Storage - Hazardous Materials (See Section 715) - - - - - -
Structure - Historic, Scenic, etc. c c c c c c
Structure - Temporary or Interim Use (See Section 728)  n n n n n n
Supper Club n n c n n c
Swimming Pool - Commercial (See Section 726) n n n n n n
Swimming Pool - Residential (See Section 726) cc cc cc cc cc n
Taverns and Bars n n n n n c
Terminal - Transportation or Motor
Freight
n n n n n c
Theater n n n n n c
Theater - Drive-In n n n n n n
Townhouse n n n n n n
Trailer/Recreation Vehicle (See  Section  733) cc cc cc cc cc n
Trailer/Recreation Vehicle Parks - Seasonal Use  n n n n n n
Truck and Automobile Service Station (See Section 735) n n n n n c
Temporary Farm Dwelling (See Section 731.04) n n n n n n
Used Auto Parts  n n n n n c
Utility Substations c c c c c c
Vegetative Cutting (See Section 748) - - - - - -
Vehicle Sales (Enclosed) (See Section 729) n n n n n c
Veterinary Clinic n c c n n c
Warehousing n n n n n c
Waterfront Uses - Residential a a a a a n
Wholesale Business n n n n n c
Wildlife Reserve - Private or Public p p p p p n

 605.  Floodplain Overlay District.

605.01.  Permitted Uses.  As permitted and regulated under the County Floodplain Regulations.

605.02.  Accessory Uses.  As permitted and regulated under the County Floodplain Regulations.

606.  (Reserved.)

607.  Airport Overlay District.  Permitted Uses, Accessory Uses and
Conditional Uses are as specifically provided in this Section (607)
and in addition to other use regulations covering the same land.  The
airport zoning district applies to private or publicly owned and
operated airfields and the adjacent areas.  The specific regulations
in this district are in addition to rather than in lieu of
regulations imposed by any other zoning classifications for the same
land.

607.01.  The purpose of these regulations is to:

(1) Limit the development and future construction to a reasonable
height and use so as not to constitute a hazard for planes operating
from the airfields.

(2) Control the type and extent of land development adjacent to and
near the airfields so as not to impede present or future air
operations of public benefit and to protect the public from hazards,
air traffic noise, and other disturbances.

607.02.  The following zones are hereby established:

(1) Qualified Land Use Zone.  Uses shall not be permitted within this
zone which might result in an assembly of persons; manufacturing or
storage of materials which explode on contact; and the storage of
flammable liquid above ground.  Prohibited uses shall include
educational, institutional, amusement and recreational.  Permitted
uses shall include single family homes.  No use may be permitted in
such a manner as to create electrical interference with radio
communications between airport and aircraft, make it difficult for
pilots to distinguish between airport and other lights, result in
glare in the eyes of pilots using the airport, impair visibility in
the vicinity of the airport or otherwise endanger the landing, taking
off or maneuvering of aircraft.

Fan-Shaped 2-Mile Area - Starting at End of Runway

<<<<< figure missing >>>>>

PLANNED VIEW OF QUALIFIED LAND USE ZONE

(2) Airport Zoning.  Except as otherwise provided in this Ordinance
and except as required necessary and incidental to airport operatioas
or recommended by or in accordance with the rules of the Federal
Aviation Agency, no structure shall be constructed, altered or
maintained, and no trees shall be allowed to grow so as to project
above the landing area or any of the airports referenced imaginary
surfaces described below:

(a) Horizontal surface - a circular plane, one hundred fifty (150)
feet above the establisized airport elevation, with a radius from the
airport reference noint of five thousand (5,000) feet.

(5) Conical surface - a suriace extending from the periphery of the
horizontal surface outward and unward at a slope of twenty "o one (20
to 1) for the horizontal distance of seven thousand (7,000) feet and
to the elevation above the airport elevation of five hundred (500)
feet.

(c) Primary surface - a surface longitudinally centered on a runway
and extending in length two hundred (200) feet beyond each end of a
runway.  The elevation of any point on the longitudinal profile of a
primary surface, including the extensions, coincides with the
elevation of the centerline of the runway, or the extension, as
appropriate.  The width of a primary surface is two hundred fifty
(250) feet.

(d) Approach surface - a surface longitudinally centered on the
extended centerline of the runway, beginning at the end of the
primary surface, with slopes and dimensions as follows:

i) The surface begins two hundred fifty (250) feet wide at the end of
the primary surface and extends outward and upward at a slope twenty
to one (20 to 1), expanding to a width of two thousand two hundred
fifty (2,250) feet at a horizontal distance ten thousand (10,000)
feet.

(e) Transitional surfaces - these surfaces extend outward and upward
at right angles to the runway centerline at a slope of seven to one
(7 to 1) from the edges of the primary and the approach surfaces
until they intersect the horizontal or conical surface.

607.03.  Airport Landing Area, Approach Area, Width, Slope,
Horizontal Surface and Conical Surface:

Maximum Height of Buildings, Structures and Trees Below a Runway
Approach Surface---

(1) Approach Surface Plan View

<<<<< figure missing >>>>>

(2) Approach Surface Elevation.  All height limitations are computed
from the established airport elevation.

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608.  (Reserved.)

609.  Lake and Shoreland M.anagement Overlay District.

609.01.  Permitted Uses.  As permitted and regulated undez the County
Lake and Shoreland Management Regulations.

609.02.  Accessory Uses.  As permitted and regulated under the County
Lake and Shoreland Management Regulations.

610.  Agricultural Land Preservation District.

610.01.  Permitted Uses.  As permitted and regulated under the
Community Agricultural Land Preservation Overlay District Regulations.

610.02.  Accessory Uses.  As permitted and regulated under the
Community Agricultural Land Preservation Overlay District Regulations.

611.  (Reserved.)