Turtle Lake Township

Zoning and Subdivision Ordinance

Ordinance No. _______

Turtle Lake Township

Beltrami County, Minnesota

Adoption On __________, 2013

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Table of Contents

PAGE

PREAMBLE1

PURPOSE1

ARTICLE I

GENERAL PROVISIONS

101JURISDICTION2

102COMPLIANCE2

103INTERPRETATION2

104SEVERABILITY2

105ABROGATION AND GREATER RESTRICTIONS2

106COUNTY REGULATIONS3

107RELATIONSHIP TO COMPREHENSIVE PLAN3

108NONCONFORMING USES AND STRUCTURES3

109SUBSTANDARD LOTS OF RECORD4

ARTICLE II

LAND USE DISTRICTS

201LAND USE DISTRICTS6

202AGRICULTURAL/NATURAL ENVIRONMENT DISTRICT6

203RESIDENTIAL DISTRICT6

204COMMERCIAL DISTRICT6

205ACCESSORY STRUCTURES AND USES7

206SUBSTANTIALLY SIMILAR USES7

207ZONING MAP7

ARTICLE III

SANITARY PROVISIONS

301WATER SUPPLY STANDARDS8

302SEWAGE DISPOSAL8

303WASTE MANAGEMENT8

ARTICLE IV

ZONING PROVISIONS

401MINIMUM LOT AREA AND WIDTH9

402SETBACK REQUIREMENTS9

403HEIGHT OF STRUCTURES10

404GUEST COTTAGES10

405HIGH WATER ELEVATIONS10

406SIGNIFICANT HISTORIC SITES10

407STEEP SLOPES11

408PUBLIC NUISANCES11

ARTICLE V

PERFORMANCE STANDARDS

501EXTRACTIVE USES12

502EXTRACTIVE USES: INFORMATION REQUIREMENTS13

503MOBILE HOME PARKS14

504PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS,

PARKING AREAS AND BOARDWALKS15

505TELECOMMUNICATION TOWERS15

506ADULT ORIENTED BUSINESSES15

ARTICLE VI

SUBDIVISION OF LAND

601SUBDIVISIONS16

602COMPLIANCE16

603LOT LINE ADJUSTMENTS16

604MINOR SUBDIVISION17

605MAJOR SUBDIVISION17

606DEDICATIONS OF ROADS BY PLAT19

607GENERAL REQUIREMENTS19

608DEVELOPMENT AND ROAD AGREEMENT20

609PLANNED UNIT DEVELOPMENTS20

ARTICLE VII

ADMINISTRATION

701ADMINISTRATION21

702TRANSFER OF TITLE TO LAND22

ARTICLE VIII

PERMITS

801LAND USE PERMITS23

802CONDITIONAL USE PERMITS24

803INTERIM USE PERMITS27

804VARIANCES30

ARTICLE IX

AMENDMENTS TO ORDINANCE

901INITIATION AND PROCEDURES32

ARTICLE X

APPEALS

1001PROCEDURES33

ARTICLE XI

FEES

1101APPLICATION FEE34

1102ADMINISTRATIVE FEE34

ARTICLE XII

ENFORCEMENT AND PENALTIES

1201PENALTY35

1202ENFORCEMENT35

1203PROSECUTION35

1204COST OF ENFORCEMENT35

ARTICLE XIII

DEFINITIONS

1301RULES OF INTERPRETATION36

1302DEFINITIONS AS USED IN THIS ORDINANCE36

ARTICLE XIV

EFFECTIVE DATE

1401EFFECTIVE DATE49

APPENDIX

APPENDIX A USE BY LAND USE DISTRICT

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Turtle Lake Township

Zoning and Subdivision Ordinance

Ordinance No. _______

PREAMBLE

The Board of Supervisors of the Town of Turtle Lake ordains:

STATUTORY AUTHORIZATION

The Town Board of Turtle Lake Township (the Township) hereby adopts this ordinance, which shall be known as the Turtle Lake Township Zoning and Subdivision Ordinance (referred to herein as this Ordinance), pursuant to its authority under Minnesota Statutes, sections 462.351 to 462.364 and such other law as may apply. This Ordinance does not rely on the authority provided in Minnesota Statutes, sections 366.10 to 366.181 and the procedures and requirements of those sections do not apply to this Ordinance.

PURPOSE

This Ordinance is adopted with the following intent and for the following purposes:

1. This Ordinance is designed to ensure, promote and protect the health, safety and general welfare of present and future inhabitants of the Township;

1. Provide for the wise and orderly development of the Township consistent with the regulations and standards of this Ordinance and of the Turtle Lake Township Comprehensive Plan (Comprehensive Plan);

1. To establish zoning districts for land in the Township and to recognize that Beltrami County regulates aspects of zoning and land use within the Township in the matters of shorelands, floodplains, septic systems, and subdivisions;

1. To allow and regulate certain uses of land and structures within the Township while prohibiting other uses and structures;

1. To regulate structures and buildings within the Township including, but not limited to, the size, location, and permit requirements;

1. Conserving historical, natural and scenic areas of the Township;

1. To establish a set of regulations that impose reasonable restrictions in order to protect property values and to minimize the imposition of negative impacts on neighboring properties;

1. Promoting the most appropriate use of the land and providing for the orderly development of undeveloped areas in accordance with the Comprehensive Plan; and

1. To prescribe penalties for violating this Ordinance.

ARTICLE IGENERAL PROVISIONS

101JURISDICTION

The jurisdiction of this Ordinance shall include all lands within Turtle Lake Township, Minnesota, except areas within the incorporated limits of any city, however organized, or as may otherwise be provided by law. Furthermore, with the exception of the regulations imposed on public nuisances and the requirements associated with obtaining Township approval for subdivisions contained in this Ordinance, the Township leaves the regulation of shorelands to the County.

102COMPLIANCE

The use of any land, the size and shape of lots, the use, size, type and location of structures on lots, the location of water supply and sewage treatment systems, and the subdivision or configuration of land, may only be undertaken by adherence to and in full compliance with the terms of this Ordinance and other applicable regulations. No structure shall be erected, placed, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose or in any manner which is not in conformity with this Ordinance. Any deviation from the terms of this Ordinance is not allowed unless first authorized by a variance issued by the Township.

103INTERPRETATION

The interpretation and application of the provisions of this Ordinance shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Where the standards, regulations, or requirements imposed by any provision of this Ordinance are either more or less restrictive than comparable standards, regulations, or requirements imposed by any other ordinance, rule, or regulation of the Township, County, State or Federal government, the statute, ordinance, rule, or regulation which imposes the more restrictive condition, standard, regulation or requirement shall prevail. In the event of any conflict between this Ordinance with any private restrictions, protections, or covenants, the provisions of this Ordinance shall be met. In their interpretation and application, the provisions of this Ordinance shall be liberally construed in favor of the Township and shall not be deemed a limitation or repeal of any other powers granted by state statute. References in this Ordinance to any statutes, rules, regulations, or ordinances shall include any amendments to, or successors of, those statutes, rules, regulations, or ordinances.

104SEVERABILITY

This Ordinance and its various parts, sentences, paragraphs, sections, and clauses thereof are declared to be severable. If any part, sentence, paragraph, section, or clause is judged to be unconstitutional or otherwise invalid for any reason by a court of competent jurisdiction, then such finding shall not affect the remaining portions of this Ordinance.

105ABROGATION AND GREATER RESTRICTIONS

This Ordinance is meant to be applied in conjunction with all other applicable federal, state, local or approved laws, rules, and regulations. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.

106COUNTY REGULATIONS

Beltrami County has adopted shoreland regulations, wetland regulations, subdivision regulations, and administers the state regulations related to subsurface sewage treatment systems (SSTS). Those within the Township must comply with those County regulations in addition to the requirements of this Ordinance.

1. SSTS Regulations. This Ordinance does not adopt, nor shall it be construed as adopting, any portion of the SSTS regulations regarding the design, location, construction, or maintenance of systems regulated by those regulations and the Township is not assuming any responsibility for the administration or enforcement of those standards.

1. Subdivisions. Those proposing to subdivide property within the Township shall be subject to the Beltrami County Subdivision regulations. However, pursuant to Minnesota Statutes, section 505.09, subdivision 1a, the County may not approve the platting of any land within the Township unless the Town Board first approves the plat and the laying out of streets and other public ways shown on it. The Town Board may require, as a condition of any such approval, that the proposed subdivider or developer enter into a development agreement with the Town Board regarding any proposed public improvements and such issues as the Town Board may determine are needed in order to adequately protect the public health