Winona County Zoning Ordinance and Amendments Excerpts

194 Pages·2013·6.05 MB·English

Winona County
Zoning Ordinance and Amendments Excerpts

Full document available at http://www.co.winona.mn.us/page/2841/category/288
CONTENTS
CHAPTER 1: TITLE AND ADOPTION .................................................................................... 7
1.1 Title
1.2 Adoption
CHAPTER 2: INTENT AND PURPOSE....................................................................................8
2.1 Purpose
2.2 Relation to Land Use Plan
2.3 Standard Requirements
2.4 Uses not Provided for Within Zoning Districts
2.5 Monuments
2.6 Amendments
2.7 Separability
2.8 Authority
CHAPTER 3: PARCELS OF RECORD / NONCONFORMING
STRUCTURES AND USES ............................................................ 11
3.1 Parcel of Record Standards
3.2 Nonconforming Uses and Structures
CHAPTER 4: RULES AND DEFINITIONS ...................................17
4.1 Rules
4.2 Definitions
CHAPTER 5: ADMINISTRATION................................................... 56
5.1 Office of Planning Director
5.2 Planning Commission
5.3 Board of Adjustment
5.4 Amendments to the Comprehensive Plan and Official Controls
5.5 Conditional Use Permits
5.6 Variances
5.7 Reimbursement of Additional Professional Costs
5.8 Inspection and Monitoring
5.9 Responsibility Effect
5.10 Violations, Penalties and Enforcement
5.11 Surveys
5.12 Subdivision of Land
CHAPTER 6: PERMITS / CERTIFICATES. ............................................ 79
6.1 Purpose
6.2 Permit / Certificate Requirements
6.3 Reimbursement of Permit / Certificate Application Fees
6.4 Duration of Permits / Certificates; Extensions
6.5 Modification and Corrections
CONTENTS
6.6 Certificate of Compliance
6.7 Advertising Device Permit
6.8 Change of Use Permit
6.9 Commercial Timber Harvesting Permits
6.10 Conditional Use Permit
6.11 Development Certificate
6.12 Feedlot Permit
6.13 Land Disturbance Permit
6.14 SubSurface Sewage Treatment (SSTS) Permit
CHAPTER 7: ENVIRONMENTAL REVIEW ............................................... 89
7.1 Purpose
7.2 General Provisions
7.3 Environmental Assessment Worksheets (EAW)
7.4 Environmental Impact Statements (EIS)
CHAPTER 8: LIVESTOCK FEEDLOTS ............................................... 93
8.1 Statutory Authority
8.2 General Provisions
8.3 Administration
8.4 Registration & Permits
8.5 Minimum Standards
8.6 Violations & Enforcement
CHAPTER 9: PERFORMANCE STANDARDS ........................................... 107
9.1 General Building/Construction and Performance Requirements
9.2 Manufactured Homes
9.3 Manufactured Home Parks
9.4 Commercial Recreation Campgrounds Regulations
9.5 Performance Standards for Recreational Camping Vehicles
9.6 Recreational Cabins
9.7 Access/Driveways
9.8 Off-Street Parking Requirements
9.9 Advertising Devices / Signs
9.10 Extraction Pits/Land Alterations
9.11 Subsurface Mineral Exploration
9.12 Home Occupations
9.13 Temporary Small Business
9.14 Adult Entertainment
9.15 Soil Erosion & Sediment Control
9.16 Woodland Preservation
CONTENTS
9.17 Woodland Preservation Performance Standards
9.18 Outdoor Wood Fired Burner
9.19 Swimming Pools
9.20 Solar Energy Systems
CHAPTER 10: ZONING DISTRICTS .................................................................................................. 159
10.1 Zoning Districts
10.2 Zoning Maps
10.3 District Boundaries
10.4 Agricultural / Resource Conservation District (A/RC)
10.5 Rural Heritage (RH)
10.6 Urban Residential District (UR)
10.7 Community Development District (CD)
10.8 Rural Residential District (RR)
10.9 Business and Recreational District (B)
10.10 General Industry District (I)
CHAPTER 11: NATURAL FEATURES OVERLAY DISTRICTS ....... 193
11.1 Intent and Purpose
11.2 Organization
11.3 Shoreland
11.4 Floodplain
11.5 Wetlands
11.6 Steep Slopes / Bluffs
11.7 Karst Features
11.8 Archaeological Sites and Burial Grounds
CHAPTER 12: WIND ENERGY
CONVERSION SYSTEMS (WECS).......................................... 242
12.1 Purpose
CHAPTER 13: SUBSURFACE SEWAGE
TREATMENT SYSTEMS (SSTS) ............................................. 248
13.1 Intent
13.2 Purpose and Intent
13.3 Authority
13.4 General Provisions
13.5 General Requirements
13.6 SSTS Standards
13.7 SSTS Permitting
13.8 Abandonment
13.9 Management Plans
CONTENTS
13.10 Compliance Management
13.11 Enforcement
13.12 Record Keeping
13.13 Annual Report
13.14 Interpretation
13.15 Severability
13.16 Abrogation and Greater Restrictions
13.17 Ordinance Repealed
CHAPTER 14: RURAL ADDRESSING ................................................... 274
14.1 Intent
14.2 Purpose, Scope, and Statutory Authorization
14.3 Determination, Assignment, and Recording of Names of Roads and Structure Addresses
14.4 Winona County Road Naming and Numbering Criteria - General
14.5 Identification Signs
CHAPTER 15: SUBDIVISION REGULATIONS ............................ 279
15.1 Purposes and Intent
15.2 Design Standards
15.3 Plats Submission Procedure and Data
15.4 Basic Improvements
15.5 Variances
CHAPTER 16: ROAD/HOUSE SIGN SPECIFICATIONS .................... 297
16.1 Official Road Sign Specifications
16.2 Official House Numbering Sign Specifications

TITLE AND
ADOPTION
CHAPTER 1: TITLE AND ADOPTION
1.1 Title
This Ordinance shall be known, cited and referred to as the Winona
County Zoning Ordinance, except as referred to as “this Ordinance”.

1.2 Adoption
This Ordinance shall be in full force and effect upon publication and
adoption pursuant to law unless otherwise specified.

Adopted: December 14, 2010.

Effective: March 15, 2011.

James Pomeroy
Chairperson, Winona County Board of Commissioners

Date:

Attest:

Duane Hebert
Winona County Administrator
Date:
7
Chapter 2
CHAPTER 2: INTENT AND PURPOSE
2.1 Purpose
This is an ordinance regulating the use of land within Winona County
including the regulation of the location, size, use and height of buildings;
the arrangement of buildings on lots, and the density of population for
the purpose of:
1. Protecting the public health, safety, order, convenience and general
welfare.
2. Protecting and preserving agriculture.
3. Conserving the natural and scenic beauty of the County.
4. Conserving natural resources in the County such as streams,
wetlands, groundwater, recharge areas, bluffs, steep slopes,
woodlands and soils.
5. Minimizing pollution.
6. Protecting existing businesses and facilities.
7. Conserving energy by allowing solar and earth sheltered housing and
wind conversion structures.
8. Promoting orderly development and redevelopment of the
residential, commercial, industrial, and public areas as well as the
preservation of agricultural areas.
9. Providing for the compatibility of different land uses and the most
appropriate use of land throughout the County.
10. Encouraging cooperation among governmental agencies to help
achieve land use policy goals.
11. Fair and efficient enforcement of land development regulations
including the discontinuance of existing uses.
12. Promoting in a financially responsible manner orderly development of
the community to insure adequate levels of service in areas of public
safety, utilities, transportation and administration.
13. Ensuring the fair and non-discriminatory administration of this
Ordinance by allowing administrative decisions rendered by the
Planning Department to be appealed through a recognized process.

2.2 Relation to Land Use Plan
The Winona County Zoning Ordinance recognizes Winona County’s
Comprehensive Land Use Plan as the policy to regulate land use and
development in accordance with the policies and purpose herein set
forth.

2.3 Standard Requirements
A. In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements for the
promotion of public health, safety and welfare.
B. Where the conditions imposed by any provision of this Ordinance
are either more restrictive or less restrictive than comparable
conditions imposed by any other law, ordinance, statutes, resolution
8 - WINONA COUNTY ZONING
ORDINANCE
INTENT & PURPOSE
or regulation of any kind, the regulations which are more restrictive
or which impose higher standards or requirements shall prevail.
C. Except as herein provided, no structure shall be erected, converted,
enlarged, reconstructed or altered and no structure or land shall be
used for any purpose nor in any manner which is not in conformity
with this Ordinance.
D. Except as herein provided, no building, structure or premises shall
hereafter be used or occupied and no Development Certificate
shall be granted that does not conform to the requirements of this
Ordinance.
E. This Ordinance is not intended to abrogate any easement,
restrictions, covenants, relating to the use of land or imposed on
lands within Winona County by private declaration or agreement, but
where the provisions of this Ordinance are more restrictive than any
easement, restriction, or covenant, or the provision of any private
agreement, the provisions of this Ordinance shall prevail.

2.4 Uses not Provided for Within Zoning Districts
Whenever in any zoning district a use is neither specifically permitted
or denied, the use shall be considered prohibited. In such cases, the
Winona County Board on their own initiative or upon request, may
conduct a study to determine if the use is acceptable and if so, what
zoning district would be most appropriate and the determination as to
conditions and standards relating to development of the use.

2.5 Monuments
For the purpose of this Ordinance, all international, federal, state,
county and other official monuments, benchmarks, triangulation points
and stations shall be preserved in their precise locations; and it shall
be the responsibility of the applicant to insure that these markers are
maintained in good condition during and following construction and
development. All section, one-quarter (1/4) section and one-sixteenth
(1/16) section corners shall be duly described and tied out and a report
made to the Winona County Surveyor. If a monument is destroyed
during construction, it shall be the responsibility of the applicant to
replace it.

2.6 Amendments
The County Board shall have the authority to enact amendments to the
text or map of the Zoning Ordinance in accordance with the provisions
of this Section. The County Board, the Planning Commission, the
Planning Department, or an owner or person having a contractual
interest in property regulated by the Zoning Ordinance may initiate an
amendment. In determining whether to grant a requested amendment,
the County Board shall consider, among other things, the provisions
of the Comprehensive Plan, and recommendations from the Planning
Commission and the Planning Department.
9
Chapter 3
The County Board, the Planning Commission, or an owner or person
having a contractual interest in property may propose amendments
to the text of the Ordinance by forwarding a proposal, which may set
forth the purpose and reason for such proposed amendment to the
Department. The Department must submit the proposed amendment
to the County Administrator for subsequent consideration by the
County Board to determine the viability of the amendment. If deemed
appropriate, the Planning Department will forward the proposed
amendment to the Planning Commission for review.

2.7 Separability
Every section, provision or part of this Ordinance or any permit issued
pursuant to this Ordinance is declared separable from every other
section, provision or part thereof to the extent that if any section,
provision or part of this Ordinance or any permit issued pursuant to this
Ordinance shall be held invalid by a court of competent jurisdiction, it
shall not invalidate any other section, provision or part thereof.

2.8 Authority
This Ordinance is enacted pursuant to the authority granted by
Minnesota Statute 394.21. The jurisdiction of this Ordinance shall apply
to all areas of Winona County outside of the incorporated limits of
municipalities, unless otherwise identified in specified chapters.
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ORDINANCE