Greater Bemidji Area Zoning and Subdivision Ordinance

Greater Bemidji Area

Zoning and Subdivision

Ordinance

Effective March 15, 2007

Revised April 9, 2008

Revised April 8, 2009

Revised March 10, 2010

Revised February 9, 2011

Revised March 14, 2012

Revised May 8, 2013

Revised April 9, 2014

Revised April 8, 2015

GBAJPB Zoning Ordinance 2 April 8, 2015

Greater Bemidji Area

Zoning and Subdivision Regulations

Table of Contents

Page

Preamble 7

Statutory Authorization 7

Policy 7

ARTICLE I: GENERAL PROVISIONS 8

Section 101 Title, Jurisdiction and Application 8

102 Intent and Purpose 9

103 Interpretation 10

104 Relation to Land Use Plan 10

105 Standard Requirements 10

106 Severability 11

107 Annexation of Certain Land 12

108 Effective Date 12

109 Definitions 12

ARTICLE II: ZONING DISTRICTS AND SHORELAND

CLASSIFICATION 54

Section 201 Zoning Districts 54

202 Overlay Districts 57

Airport Protection Overlay (AP) Map 59

203 Zoning Map 60

Greater Bemidji Area Zoning Map 61

204 Interpretation of Zoning Map 62

ARTICLE III: DISTRICT REGULATIONS 60

Section 301 Allowed, Permitted, Conditional, and Interim Uses 60

302 Greater Bemidji Area Land Use Regulation Matrix 61

ARTICLE IV : LOT SIZE AND BULK REGULATIONS 71

Section 401 Minimum Lot Size Requirements

and Bulk Requirements 71

402 Lot Size and Bulk Regulations by Zoning District 73

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ARTICLE V: NONCONFORMITIES & SUBSTANDARD LOTS

OF RECORD 86

Section 501 Nonconforming Uses and Structures 86

502 Substandard Lots of Record 88

ARTICLE VI: ACCESSORY USES AND STRUCTURES 89

Section 601 Accessory Uses and Structures 89

602 Accessory Buildings in Manufactured Housing 90

603 Accessory Recreational Facilities 91

ARTICLE VII: SIGN REGULATIONS 93

Section 701 Purpose and Intent 93

702 Scope 93

703 General Provisions 93

704 Prohibited Signs 94

705 Nonconforming Signs 94

706 Permits Required 95

707 Signs Not Requiring Permits 96

708 Sign Standards 98

709 Signs Permitted in the (C) Conservation District 98

710 Signs Permitted in the R-1, R-2, R-3, R-4, R-5, R-6

and MH Districts 99

711 Signs Permitted in the LC and LD Districts 100

712 Signs Permitted in the (B-1) and (B-2) Low Density

and General Commercial Districts 102

713 Signs Permitted in the (UR) Urban Renaissance

District 104

714 Signs Permitted in the O/M and U Districts 105

715 Signs Permitted in the I-1 and I-2 Districts 107

716 Additional Sign Standards 108

717 Additional Provisions in the Trunk Highway 197

Overlay 109

718 Dynamic Displays 109

719 Special Event Signs 110

720 Enforcement 114

721 Appeal 114

ARTICLE VIII: SANITATION STANDARDS 115

Section 800 Purpose and Scope 115

801 Sewage Treatment Standards 115

802 Registration of Sewage Treatment Systems 118

803 Noncompliant Sewage Treatment Systems 119

804 Nonconforming Sewage Treatment System 119

805 Sewage Treatment Permit Requirements 120

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806 Revision to Approved Plan 121

807 Certification 121

808 Sewage Treatment System Inspection 121

809 Water Supply Standards 122

810 Amendments to Adopted Standards 122

811 Dispute Resolution 123

ARTICLE IX: SHORELAND REGULATIONS 125

Section 900 Scope and Classification of Public Waters 125

901 Bulk Density and Lot Sizes 126

902 Design Criteria for Structures 131

903 Nonconforming Structures Substandard in Shoreland

Overlay District 133

904 Deck Additions to Nonconforming Structures in

Shoreland 136

905 Significant Historic and Cultural Sites 136

906 Steep Slopes 136

907 Bluff Impact Zones 137

908 Vegetative Alterations 137

909 Topographic Alterations/ Grading and Filling 138

910 Placements and Design of Roads, Driveways

and Parking Areas 140

911 Special Provisions for Agricultural Uses 141

912 Special Provisions for Forest Management 141

913 Standards for Commercial, Industrial, Public

and Semipublic Uses 142

914 Storm Water Management 143

915 PUD Site Suitability Evaluation in Shoreland Areas 144

916 Shoreland PUD Density Evaluation 145

917 Shoreland Residential PUD Density Evaluation

and Flexibility Option 146

918 Controlled Access and Recreation Lots 147

ARTICLE X: PERFORMANCE STANDARDS 149

Section 1001 Purpose 149

1002 Exterior Storage and Outdoor Display

of Merchandise 149

1003 Sight Visibility Triangle 152

1004 Fences 152

1005 Screening 153

1006 Landscaping Requirements 154

1007 Tree Preservation 159

1008 Lighting 164

1009 Parking Standards 165

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1010 Non-Motorized Transportation 174

1011 Temporary Uses 176

1012 Special Provisions for Type II

and Type III Home Occupations 177

1013 Manufactured Home Park Standards 179

1014 Special Provisions for Development

in Sensitive Areas 181

1015 Special Provisions for Trunk Highway 197 Overlay 181

1016 Special Provisions for Airport Protection Overlay 182

1017 Closed Landfill Overlay District (CL) 182

1018 Special Provisions for Transitional Housing,

Homeless Shelters and Warming Center 183

1019 Special Provisions for Bed

and Breakfast Establishments 185

1020 Special Provisions for Vacation Rentals 185

1021 Farm Animals 186

1022 Towers and Antennas 189

1023 Solar Energy Systems 193

1024 Mining and Extractive Uses 194

1025 Special Provisions for Asphalt Plants

and Processing Facilities 197

1026 Special Provisions for Adult Entertainment 197

1027 Special Provisions for Fire Protection and Safety 202

1028 Special Provisions for Outdoor Shooting Ranges 202

1029 Special Provisions for Medical Cannabis Distribution

and Production 205

1030 Special Provisions for Home and Community-Based

Services 207

1031 Environmental Review 207

ARTICLE XI: SUBDIVISIONS

AND PLANNED UNIT DEVELOPMENTS 210

Section 1101 Subdivisions of Land 210

1102 Land Suitability 215

1103 Necessary Data for Final Plat 220

1104 Absence of Utilities and Land Suitability 221

1105 General Provisions for PUD’s 222

1106 Design and Maintenance Standards

and Criteria for PUDs 229

1107 Conversion to PUD’s 234

1108 Procedures for Approval of Subdivisions and PUDs 234

1109 Minimum Subdivision Design Standards 235

1110 Required Improvements on the Site 239

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1111 Variances 243

1112 Land Use or Building Permits 243

1113 Copies of Plat 244

1114 Enforcement and Penalty 244

1115 Dedication of Parks, Open Spaces, Trails

and Public Sites 244

ARTICLE XII: ADMINISTRATION 252

Section 1201 Planning Administrator 252

1202 Planning Commission 253

1203 Board of Adjustment 254

1204 Land Use, Building

and Other Administrative Permits 255

1205 Conditional Use or Interim Permits 256

1206 Variances, Appeals and Adjustments 262

1207 Amendments; Text or Zoning District 264

1208 Public Notice and Hearing Requirements 266

1209 Enforcement and Penalties 266

1210 Fees 267

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PREAMBLE

Statutory Authorization

This Zoning Ordinance is adopted pursuant to the authority conferred by the State of Minnesota

in the planning in orderly annexation area legislation contained in Minnesota Statutes Chapter

414, Section 414.0325 subd. 5., the municipal and township planning and zoning enabling

legislation contained in the Minnesota Statutes Chapter 103 F and 462, subdivision authorities

contained in Minnesota Statutes Chapter 462 and 505, airport zoning authority contained in

Minnesota Statutes Chapter 360 and Minnesota Rules, Chapter 8800, Common Interest

Ownership contained in Minnesota Statutes Chapter 515B, shoreland management authority

contained in Minnesota Regulations, Parts 6120.2500 – 6120.3900, joint powers act authority

contained in Minnesota Statutes, Section 471.59, and any amendments to said Statutes and Rules

subsequently adopted, for the purpose of protecting the small town character of the Greater

Bemidji Area, preserving the natural environmental values of its land, preserving and enhancing

the economic and natural environmental qualities and values of surface water and shore lands,

and providing for the wise utilization of waters and related land resources.

Policy

The uncontrolled use of land within the Greater Bemidji Area affects the public health, safety

and general welfare not only by contributing to pollution of land and waters, but also by

impairing the local tax base. It is, therefore, in the best interest of the public health, safety and

welfare of Bemidji Area residents for their local governmental entities to work together to

develop plans for governing as one community and to provide for the wise utilization of land,

water, and cooperative resources through the planned regulation of land uses within the Greater

Bemidji Area. The Minnesota Legislature, through enabling legislation, has delegated

responsibility to local units of government in Minnesota to conduct planning, regulate the

subdivision of land, and enact official controls for the development and use of land within their

jurisdictions. This includes shoreland regulation of public waters and wetlands in the Greater

Bemidji Area. This responsibility is hereby recognized and embraced by the City of Bemidji,

Bemidji Township and Northern Township acting together as the Greater Bemidji Area Joint

Planning Board, and will be accomplished through the enactment and enforcement of this Zoning

and Subdivision Ordinance.

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ARTICLE I

GENERAL PROVISIONS

Section 101. Title, Jurisdiction and Application

This Ordinance shall be known, cited, and referred to as the Greater Bemidji Area Zoning and

Subdivision Ordinance. The jurisdiction of this Ordinance is intended to apply to the use of land

and water resources within the approximate 72 square mile Greater Bemidji Area, comprised

namely of the City of Bemidji, Bemidji Township and Northern Township, and including any

land hereafter annexed into the City from surrounding Townships other than Northern and

Bemidji.

Application of these regulations shall be in part by establishment of districts, including overlays

for such features such as shoreland and special use areas, and which district provisions include

regulation of the location, size, use and height of buildings, the placement of buildings on lots,

and the density of population for the purpose of promoting the public health, safety, order,

convenience and general welfare of the Greater Bemidji Area.

This Ordinance supersedes all City and Township Zoning and Subdivision Regulations

promulgated under Bemidji Code Chapter 22, Sections 22-1 through 22-73 and Chapter 28,

Sections 28-1 through 28-845; Northern Township Zoning and Land Use Ordinance and,

Bemidji Township Zoning and Land Use Ordinance.

Application of this Ordinance shall also be consistent with other official controls regulating land

use and waters within the Greater Bemidji Area, including Mississippi Headwaters Board

(MHB) Ordinance No. 10 (Comprehensive Plan), State Shoreland Standards as administered

through the Beltrami County Shoreland Management Ordinance, as amended, which shoreland

management authority within the Greater Bemidji Area subject of this Ordinance is delegated to

the Greater Bemidji Area Joint Planning Board, and consistent also with Airport Zoning

Regulations promulgated under Minnesota Statutes, Chapter 360 and Minnesota Rule, Part

8800.2400, as administered under the Revised Airport Joint Powers Agreement between the City

of Bemidji and Beltrami County.

*Before shoreland within Orderly Annexation Areas currently under the jurisdiction of the

MHB Plan is annexed into the City of Bemidji, the City and Joint Planning Board (JPB) shall

pursue a cooperative agreement with the MHB Board for development and administration of

appropriate controls and standards consistent with the provisions of the MHB Plan of and for

the shoreland to be annexed. The JPB may similarly initiate cooperative agreement

discussions with the MHB Board for shoreland outside the City’s current corporate limits, but

which is to be served with municipal water and sewer utility services prior to annexation.

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**Passage of this ordinance will not impact the current responsibility(s) for administration of

Wetland Conservation Act regulations (WCA). Unless subject of a subsequent agreement

between the City, County and the Townships, the City through its agent, the Beltrami County

Soil and Water Conservation District (SWCD), will continue to administer the WCA within the

corporate limits of the City and as to lands annexed thereto, while Beltrami County will

continue to administer the WCA on lands outside the corporate limits of the City of Bemidji.

Section 102. Intent and Purpose

This Ordinance is intended to serve the following purposes:

A. Protecting the public health, safety, comfort, convenience and general welfare of the

Greater Bemidji Area;

B. To guide the future growth and development of the Greater Bemidji Area in accordance

with the Comprehensive Plan, including various elements and/or other plans adopted by

the Greater Bemidji Area Joint Planning Board;

C. Protecting and preserving the natural environment of the Greater Bemidji Area;

D. To promote and maintain the Northwoods Character of the community;

E. To protect and conserve the value of land throughout the Greater Bemidji Area, and the

value of buildings appropriate to the various districts established by this Ordinance;

F. To provide adequate light, air, and privacy, to secure safety from fire, flood and other

danger, and to prevent overcrowding and undue congestion of land and population;

G. To bring about the gradual conformity of the uses of land and buildings throughout the

Greater Bemidji Area through the zoning regulations set forth in this Ordinance, and to

minimize the conflicts among the uses of land and buildings;

H. To promote the beneficial and safe interaction between the use of land, buildings, and

people for the circulation of vehicular, bicycles, and pedestrian traffic, including active

transportation and complete streets, throughout the Greater Bemidji Area;

I. To provide a guide for public policy and action in the efficient provision of public

facilities and services and for private enterprises in building development, investment

and other economic activity relating to uses of land, buildings, and active transportation

throughout the Greater Bemidji Area; and,

J. For the purpose of preserving and enhancing the quality of surface waters, preserving

the economic and natural environmental values of shore lands, and providing for the

wise utilization of waters and related land resources.

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K. To improve and promote the delivery of aviation and airport passenger services by

prevention of airport hazards through regulation of adjacent land use, height of

structures and trees, and the density of population on lands within airport hazard areas

adjacent to the Bemidji Regional Airport.

Section 103. Interpretation

In their interpretation and application, the provisions of this Ordinance shall be held to be the

minimum requirements for the promotion of the public health, safety and general welfare.

Interpretation shall be made by the Planning Administrator, subject to appeal to the Board of

Adjustment and Appeals. The language contained in the text of this Ordinance shall be

interpreted in accordance with the following rules of construction:

A. The singular number includes the plural and the singular.

B. The present tense includes the past and future tenses as well as all other tenses.

C. The word “shall” is mandatory, and the word “may” is permissive.

D. The masculine gender includes the feminine and neutral genders.

E. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its

meaning shall be construed as set forth in such definition.

F. All measured distances expressed in feet shall be to the nearest tenth of a foot.

G. In the event of conflicting provisions, the more restrictive provisions shall apply.

Section 104. Relation to Land Use Plan

It is the policy of the Greater Bemidji Area Joint Planning Board that the enforcement,

amendment, and administration of this Ordinance be accomplished with due consideration of the

recommendations contained in the Greater Bemidji Area Land Use Plan as developed and

amended from time to time by the Joint Planning Board. The Joint Planning Board recognizes

the Land Use Plan as the policy for regulating land use and development in accordance with the

policies and purposes herein set forth.

Section 105. Standard Requirements

The following standards shall apply to all zoning districts and property, unless otherwise noted in

this Ordinance.

GBAJPB Zoning Ordinance 11 April 8, 2015

A. More Restrictive Provisions to Govern: Where the conditions imposed by any

provisions of this Ordinance are either more restrictive or less restrictive than

comparable conditions imposed by any other law, ordinance, code, statute, resolution or

regulation, the regulations which are more restrictive or impose higher standards or

requirements shall prevail.

B. Conformity with this Ordinance: No building or structure shall be erected, converted,

enlarged, constructed, reconstructed, moved or altered, and no building, structure or

land shall be used for any purpose or in any manner which is not in conformity with the

provisions of this Ordinance and without a building or land use permit being issued

when required by this Ordinance.

C. Building Occupancy: Except as herein provided, no building, structure or premises

shall hereafter be used or occupied and no building permit shall be granted that does not

conform to the requirements of this Ordinance.

D. Land Reduction: No yard or lot existing at the time of passage of this Ordinance shall

be reduced in dimension or area below the minimum requirements set forth herein.

Yards or lots created after the effective date of this ordinance shall meet at least the

minimum requirements established by this Ordinance.

E. Abrogation and Greater Restrictions: These regulations shall not abrogate any

easement, covenant, or any other private agreement where such is legally enforceable,

provided that where the regulations of this Ordinance are more restrictive, or impose

higher standards or requirements than such easements, covenants, or other private

agreements, the requirements of this Ordinance shall be controlling.

Section 106. Severability

It is hereby declared to be the intention of the Joint Planning Board that the several provisions of

this Ordinance are severable in accordance with the following:

A. If any court of competent jurisdiction shall adjudge any provision of this Ordinance

invalid, such judgment shall not affect any other provisions of this Ordinance not

specifically included in said judgment.

B. If any court of competent jurisdiction shall adjudge invalid the application of any

provision of this Ordinance to a particular property, building, or other structure, such

judgment shall not affect the application of said provision to any other property,

building, or structure not specifically included in said judgment.

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Section 107. Annexation of Certain Land

All land not located within the Greater Bemidji Area, which may hereafter be annexed to the

City of Bemidji shall be zoned R-1 upon such annexation until such time that the land may be

rezoned under the procedures specified in this Ordinance.

Section 108. Effective Date

This Ordinance shall take effect and be in force on and after its adoption and publication

according to law.

Section 109. Definitions

The following words and terms, whenever they occur in this Ordinance, are defined as follows:

ACCESSORY DWELLING UNIT (ADU): A dwelling unit that is located on the same

lot as a single-family dwelling unit to which it is accessory and subordinate to the principal

dwelling unit. ADUs can be created in a variety of ways, including conversion of a portion of an

existing house, addition to an existing house, conversion of an existing accessory structure,

addition to an existing accessory structure, or the construction of an entirely new building.

A. Accessory Dwelling Unit, Internal: A type of ADU that is incorporated within an

existing single-family dwelling unit by converting a part of the existing home into a

separate dwelling unit that provides complete independent living facilities for one or

more person.

B. Accessory Dwelling Unit, Attached: A type of ADU that is constructed as an

expansion of an existing single-family dwelling unit, and is structurally a part of the

principal dwelling unit.

C. Accessory Dwelling Unit, Detached: A type of ADU that is not structurally a part

of the principal dwelling unit, and is built separate or incorporated within an existing

detached accessory structure, or attached to an existing detached accessory structure.

ACCESSORY STRUCTURE OR FACILITY: Any structure or facility incidental to a

principal structure or facility on the same lot.

ACCESSORY USE: Any use which is incidental to the primary use of a lot.

ADULT USE RELATED DEFINITIONS

ADULT USE : Adult body painting studios, adult book stores, adult cabaret, adult car wash,

adult hotels or adult motels, adult motion picture theaters, adult mini motion picture

GBAJPB Zoning Ordinance 13 April 8, 2015

theaters, adult massage parlors, adult health/sport clubs, adult sauna/steam

room/bathhouses, adult companionship establishments, adult rap/conversation parlors,

adult novelty businesses, adult motion picture arcade, adult modeling studios This

definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic,

physical therapy, or podiatry by State licensed or registered persons. Activities defined as

obscene by Minnesota Statutes § 617.241 are not lawful and are not included in the

definitions of adult uses.

ADULT USES (ACCESSORY): The offering of goods and/or services classified as adult

uses on a limited scale that are incidental to the primary activity and goods and/or services

offered by the establishment. Examples of such items include adult magazines, adult

movies, adult novelties, and the like. Accessory uses that use less than 200 square feet or

ten percent (10%) of the total floor area (square footage), whichever is less, are exempted

from obtaining a license under this ordinance and, the requirement of being located in the

I-1 zoning district.

ADULT USES (PRINCIPAL): The offering of goods and/or services classified as adult

uses as a primary or sole activity of a business or establishment and include, but are not

limited to, the following:

ADULT BODY PAINTING STUDIO: An establishment or business that provides the

service of applying paint or other substance, whether transparent or non-transparent, to or

on the body of a patron when such body is nude or semi-nude.

ADULT BOOK STORE: An establishment, building or business engaging in the barter,

rental or sale of items or merchandise consisting of printed matter, pictures, slides,

records, audio tapes, video tapes, computer or video disks, motion picture film, or any

other similar materials, if such shop is not open to the public generally but only to one or

more classes of the public, excluding any minor because of age, and if a consistent and

substantial useable floor area of the establishment, building, or business, is characterized

by an emphasis on matters depicting, describing or related to “specified sexual activities”

or “specified anatomical areas”.

ADULT CABARET: An establishment, building or business that regularly provides dancing

or other live entertainment if such establishment excludes minors by virtue of age and if

such dancing or live entertainment is distinguished or characterized by an emphasis on the

performance or presentation, display, depiction or description of “specified sexual

activities” or “specified anatomical areas”.

ADULT CAR WASH: A wash facility for any type of motor vehicle that regularly allows

employees, agent, independent contractors or persons to appear in a state of partial or total

nudity in terms of “specified anatomical areas”.

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ADULT COMPANIONSHIP ESTABLISHMENTS: An establishment or business, if such

establishment excludes minors because of age and regularly provides the service of

engaging in or listening to conversation, talk or discussion between an employee of the

establishment and a customer, if such service is distinguished or characterized by an

emphasis on “specified sexual activities” or “specified anatomical areas”.

ADULT ENTERTAINMENT FACILITY: A building or space in which an admission is

charged for the entrance, or food or non-alcoholic beverages are sold or intended for

consumption, and in which may be regularly observed live presentations of entertainment

distinguished by an emphasis on matters depicting, describing, or relating to “specified

sexual activities” or “specified anatomical areas”.

ADULT HOTEL OR MOTEL: A motel, hotel, or similar commercial establishment which:

(a) offers public accommodations, for any form of consideration, and which regularly

provides patrons with closed-circuit television transmissions, films, motion pictures, video

cassettes, slides, or other photographic reproductions which are characterized by their

emphasis upon the exhibition or description of “specified sexual activities” or “specified

anatomical areas” and which regularly advertises the availability of such material by

means of a sign visible from the public right-of-way, or by means of any off-premises

advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets,

radio or television, and (b) offers a sleeping room for rent for a period of time less than ten

(10) hours.

ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB: A massage parlor or

health/sport club that restricts minors because of age or law, which regularly provides the

services of massage if such service is distinguished or characterized by an emphasis on

“specified sexual activities” or “specified anatomical areas”.

ADULT MINI-MOTION PICTURE THEATER: A business, building or establishment in

an enclosed building with a capacity for less than fifty (50) persons regularly used for the

presenting of visual media material if such business as a prevailing practice excludes

minors by virtue of age or law, and if said material is distinguished or characterized by an

emphasis on “specified sexual activities” or “specified anatomical areas” for observation

by patrons.

ADULT MODELING STUDIO: An establishment or business whose major business is the

regular provision of employees who are provided with the intent of providing sexual

stimulation or sexual gratification to such customers and when said employees engage in

“specified sexual activities” or display “specified anatomical areas” while being observed,

painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted

by such customers.

ADULT MOTION PICTURE ARCADE: Any building or place to which the public is

allowed or invited in which coin or slug operated or electronically, electrically or

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mechanically controlled still or motion picture machines, projectors, computers or other

production devices that regularly show images to five or fewer persons per machine at

once, and are characterized by an emphasis on depicting or describing “specified sexual

activities” or “specified anatomical areas”.

ADULT MOTION PICTURE THEATER: A business premises within an enclosed

building with a capacity of fifty (50) or more persons regularly used for presenting visual

media material if said business as a prevailing practice excludes minors by virtue of age,

and if the material is distinguished or characterized by an emphasis on the depiction or

description of “specified sexual activities” or “specified anatomical areas” for observation

by patrons.

ADULT NOVELTY BUSINESS: A business that has as a principal and regular activity the

sale of materials or devices that stimulate human genitals or devices designed for sexual

stimulation or which depict or relate to “specified sexual activities” or “specified

anatomical areas”.

ADULT SAUNA/STEAM ROOM/BATHHOUSE: A business that excludes minors

because of age, and which regularly provides a steam bath or heat bathing room used for

bathing, pleasure, relaxation or reducing, and which utilizes steam or hot air as a cleaning,

relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is

distinguished or characterized by an emphasis on “specified sexual activities” or

“specified anatomical areas”.

ADULT ACT, DISTINGUISHED OR CHARACTERIZED BY EMPHASIS UPON:

The dominant or principal theme of the object described by such phrase. For instance,

when the phrase refers to films “which are distinguished or characterized by an emphasis

upon the exhibition or description of Specified Sexual Activities or Specified Anatomical

Areas,” the films so described are those whose dominant or principal character and theme

are the exhibition or description of “specified anatomical areas” or “specified sexual

activities.”

MINOR: Any person under the age of eighteen (18) years.

NUDITY: The showing of the human male or female genitals or pubic area with less than

fully opaque covering; the showing of the female breast with less than fully opaque

covering of any portion of the nipple; or the depiction or showing of the coverage of male

genitals in a discernibly turgid state.

SEMI-NUDE: A state of dress in which opaque clothing covers no more than the genitals,

anus, anal cleft or cleavage, pubic area, vulva, and nipple of the female breast, as well as

portions of the body covered by supporting straps or devices.

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SEXUALLY ORIENTED BUSINESS: Any adult body painting studios, adult book stores,

adult cabaret, adult car wash, adult hotels or adult motels, adult motion pictures theaters,

adult mini motion picture theaters, adult massage parlors, adult health/sport clubs, adult

sauna/steam room/bathhouses, adult companionship establishments, adult

rap/conversation parlors, adult novelty businesses, adult motion picture arcade, adult

modeling studios and other premises, enterprises or establishments, businesses, or places

open to some or all members of the public at or in which there is an emphasis on the

presentation or display, depiction or description of “specified sexual activities” or

“specified anatomical areas” which the public could see. This definition does not apply to

the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry

by State licensed or registered persons. Activities defined as obscene by Minnesota

Statutes § 617.241 are not lawful and are not included in the definitions of adult uses.

SPECIFIED ANATOMICAL AREAS:

A. Less than completely and opaquely covering human genitals, pubic region or pubic hair,

buttock, anus, or female breast or breast below a point immediately above the top of the

nipple or any combination of the foregoing; and,

B. Human male genitals in a discernibly turgid state, even if completely and opaquely

covered.

SPECIFIED SEXUAL ACTIVITIES:

A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal

copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic

region, buttock, or female breast, flagellation or torture in a sexual relationship, and any of

the following sexually oriented acts or conduct: Anilingus, buggery, coprophagy,

coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,

sodomy, zooerasty; or,

B. Human genitals in the state of sexual stimulation, arousal, or tumescence; or,

C. Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral copulation,

coitus or masturbation; or,

D. Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, female

breasts; or,

E. Situations involving a person or persons, any of whom are nude, clad in undergarments or

in sexually revealing costumes, who are engaged in activities involving the flagellation,

torture, fettering, binding or other physical restraint of any such person; or,

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F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a

human being; or

G. Human excretion, urination, menstruation, vaginal or anal irrigation; or,

H. Any combination of the above.

AGRICULTURE: The use of land for agricultural purposes including: farming; dairying;

pasturage; horticulture; silviculture; animal and poultry husbandry and the necessary accessory

uses for treating and storing the produce, provided that the operation of any such accessory uses

shall be secondary to that of the principal agricultural activity.

AGRICULTURAL BUILDING OR STRUCTURE: Any building or structure, existing or

erected, which is used principally for agricultural purposes, with the exception of dwelling units.

AIRPORT ZONING ADMINISTRATOR: The Planning Administrator.

AIRPORT HAZARD: Any structure, object of natural growth, or use of land, which obstructs

the air space required for the flight of aircraft in landing or taking off at any airport or restricted

landing area or is otherwise hazardous to such landing or take off.

AIRPORT HAZARD AREA: Any area of land or water upon which an airport hazard might

be established if not prevented as provided in the Aeronautics Statutes, Minnesota Statutes

Chapter 360.

ALLEY: The area of a parcel, other than a public street front yard, which is adjacent to a public

alley right-of-way.

AMENDMENT: An amendment is a change in the zoning ordinance or map. An amendment

may be initiated by a landowner, the governing board of a jurisdiction participating in the joint

administration of this Ordinance, the Planning Commission, or the Joint Planning Board.

ANIMAL, EXOTIC: Animal species that are not native to the area, or occurring outside of its

natural range, or are of foreign origin or character. This term specifically includes animals such

as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos,

water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.

ANIMAL, NON-DOMESTIC OR GAME: An animal, the products of which are food that is

not cattle, sheep, swine, or goat. These terms include animals such as, but not limited to

reindeer, elk, deer, antelope, bison, rabbit, squirrel, bear, and muskrat; an aquatic or non-aquatic

bird including a wild duck, goose, quail, and pheasant; a non-aquatic reptile including

rattlesnake; and an aquatic mammal.

GBAJPB Zoning Ordinance 18 April 8, 2015

ANIMAL FEED LOT: A lot or building or combination of contiguous lots and buildings

intended for the confined feeding, breeding, raising, or holding of animals and specifically

designated as a confinement area in which manure may accumulate, or where the concentration

of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots

used for feeding and rearing of poultry (poultry ranges), and barns, dairy farms, swine facilities,

beef lots, horse stalls, mink ranges and zoos, shall be considered to be animal feedlots. Pastures

shall not be considered animal feedlots.

ANIMAL OWNER: The resident, property owner, custodian or keeper of any animal(s).

ANIMAL UNIT: A unit of measure used to compare differences in the production of animal

manure that employs as a standard, the amount of manure produced on a regular basis by a

slaughter steer, heifer or other Farm Animal for an animal feedlot or manure storage area,

calculated by multiplying the number of animals of each type by the respective multiplication

factor and summing the resulting values for the total number of animal units. For the purposes of

this Ordinance, the multiplication factors shall be in accordance with the “Animal Unit

Calculation” as established by the MPCA rules M.R.7020.0300, as may be amended.

ANTENNA: Any structure or device used for the purpose of collecting or transmitting

electromagnetic waves, including, but not limited to, directional antennas, such as panels,

microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

APARTMENT: A room or suite of rooms designed for residence by an individual, a single

family, or a group of individuals living together as a single family unit, equipped with cooking

facilities. This includes any unit in buildings with more than two (2) dwelling units.

AUTOMOBILE BODY SHOP: A building or any portion thereof designed primarily for

major reconditioning of worn or damaged motor vehicles or trailers or collision service including

body, frame, or fender straightening or repair, or painting of vehicles.

AUTOMOBILE SERVICE STATION: A building or any portion thereof designed primarily

for supplying motor fuel, oil, lubrication and accessories to motor vehicles.

BASEMENT: Any part of a structure, including crawl spaces, having its floor or base below

ground level on one or more sides, regardless of the depth of excavation below ground level.

BED AND BREAKFAST: A single family dwelling; in which six or fewer transient guest

rooms are rented on a nightly basis for periods of less than a week, and where at least one meal is

offered in connection with the provision of sleeping accommodations.

BEDROOM: An area with a room designed for, used for, or capable of providing habitable

sleeping area within a dwelling according to applicable building code standards. Architectural

features normally associated with a habitable bedroom include, but are not limited to, definitions

GBAJPB Zoning Ordinance 19 April 8, 2015

contained in MN Rules 7080-7083 (i.e.: walls, doors, egress windows, closets, etc.) will be

considered in making the bedroom determination.

BEEKEEPING (Apiculture): The raising and care of bees for commercial or agricultural

purposes.

1) Apiary means the assembly of one or more colonies of bees at a single location.

2) Colony means an aggregate of bees consisting principally of workers, but having, when

perfect, one queen and at times drones, brood, combs, and honey.

3) Hive means the receptacle inhabited by a colony that is manufactured for that purpose.

4) Honey bee means all life stages of the common domestic honey bee, apis mellifera

(African subspecies and Africanized hybrids are not allowed).

BLOCK: An area of land within a subdivision that is entirely bounded by streets, the exterior

boundary of the subdivision, or a stream or water body.

BLUFF: A topographic feature such as a hill, cliff, or embankment having the following

characteristics:

A. Part or all of the feature is located within a shoreland area;

B. The slope rises at least 25 feet above the ordinary high water level of the water body;

C. The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more

above the ordinary high water level averages thirty (30) percent or greater;

D. The slope drains toward the water body.

BLUFF IMPACT ZONE: A bluff and land located within twenty (20) feet from the top of the

bluff.

BLUFF, TOE OF: The lower end of a 50 foot segment, measured on the ground, with an

average slope exceeding eighteen (18%) percent.

BOARD OF ADJUSTMENT: The Greater Bemidji Area Board of Adjustment as appointed by

the Greater Bemidji Area Joint Planning Board.

BOARDING (LODGING) HOUSE: A building other than a hotel or motel, where for

compensation and by prearrangement for definite periods, meals or lodging and meals are

provided to three (3) or more persons, but not to exceed ten (10) persons.

BOATHOUSE: A water-oriented accessory structure used solely for the storage of boats or

boating equipment.

GBAJPB Zoning Ordinance 20 April 8, 2015

BOULEVARD: The portion of the street right-of-way between the back of curb line or

pavement edge and the property line.

BUFFER: A required horizontal separation distance between two uses that may otherwise be

incompatible.

BUILDABLE AREA: That area of a platted lot lying within the required setbacks, exclusive

of those areas that are prohibited from development due to steep slopes, wetlands, easements or

other conditions protected by ordinance or legal agreement.

BUILDING: Any structure, either temporary or permanent, having a roof or other covering,

built for the support, shelter, or enclosure of persons, animals, or property of any kind, including

tents or awnings, situated on private property and used for purposes of a building.

BUILDING FACE: The exposed face of a building, including windows and doors, from

ground level to the roof line.

BUILDING LINE: A line parallel to a lot line or the ordinary high water level, at any story

level of a building, representing the distance beyond which all or any part of the building may

not extend without violating setback provisions.

BUILDING PERMIT: A permit issued by the Joint Planning Board, or a constituent authority

thereof, or an authorized agent, authorizing both the use of land in the City pursuant to the

requirements of this Ordinance and construction activity consistent with the adopted Building

Code.

BUTT LOT: A lot at the end of a block and located between two corner lots.

CALIPER INCHES: For significant trees, the trunk diameter measured approximately 4.5 feet

above the ground. For trees that branch at or below 4.5 feet above the ground but above one

foot, the diameter is measured at the smallest point below 4.5 feet. Trees that branch below one

foot will be considered to have multiple stems and the diameter of the tree will equal the sum of

the diameters of each stem. For replacement trees, the diameter of a tree measured usually

twelve (12) inches above the ground.

CANOPY: A rigid multi-sided structure covered with fabric, metal, or other material, and

supported by a building at one or more points or extremities, and by columns or posts embedded

in the ground at other points or extremities.

CARPORT: Automobile shelters having one or more sides open.

CENTRAL SYSTEM: Small Community Sewer (SCS) cluster systems for waste water effluent

collection and treatment. Systems designed to handle waste from more than one household.

GBAJPB Zoning Ordinance 21 April 8, 2015

CERTIFICATE OF (SANITARY SYSTEM) COMPLIANCE: A document written after a

compliance inspection, certifying that a subsurface sewage treatment system (SSTS) is in

compliance with applicable State and Local requirements at the time of the inspection.

CLASS V IMPERVIOUS: A surface constructed of gravel or other such similar material which

either prevents or retards the entry of water into the soil and causes water to run off the surface in

greater quantities and at increased rate of flow than prior to installation.

CLEAR CUTTING: The removal of an entire stand of trees.

CLINIC: A place where medical, dental, optometric, chiropractic, psychiatric, or nursing care is

furnished to persons on an out-patient basis by one or more licensed professionals.

CLUB OR LODGE: A building or structure operated by a non-profit association of persons

who are bona fide members, paying annual dues, with the use of the premises being restricted to

members and their bona fide guests.

COLLECTOR STREET: A Street which carries traffic from minor streets to thoroughfares. It

includes the principal entrance streets of a residential development and street for circulation

within such developments.

COMMERCIAL RECYCLING BUSINESS: A commercial business that deals in materials to

be processed for reuse either as parts or to be re-converted to a raw material state. This may be

operated in conjunction with other business such as used automobile sales or repair;

A. This may include but not be limited to such operations as dismantling, sorting, storing,

or crushing of materials.

B. Buying and selling of materials or parts thereof both for retail and wholesale use are

allowed.

COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental, or trade

of products, goods, and services.

COMMISSIONER: The Commissioner of the Department of Natural Resources.

COMMON INTEREST COMMUNITY (CIC): Contiguous or noncontiguous real estate that

is subject to an instrument which obligates persons owning a separately described parcel of the

real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their

ownership or occupancy, to pay for (a) real estate taxes levied against; (b) insurance premiums

payable with respect to; (c) maintenance of; or (d) construction, maintenance, repair or

replacement of improvements located on, one or more parcels or parts of the real estate other

than the parcel or part that the person owns or occupies. Real estate subject to a master

association, regardless of when the master association was formed, shall not collectively

GBAJPB Zoning Ordinance 22 April 8, 2015

constitute a separate common interest community unless so stated in the master declaration

recorded against the real estate.

COMMON SPACE: Property owned and managed jointly by members of a planned

community.

COMPACT EVERGREEN TREE OR HEDGE: A coniferous tree or hedge that retains its

foliage through the year.

COMPREHENSIVE PLAN: A land use or comprehensive policy plan prepared and adopted

by the Greater Bemidji Area Joint Planning Board indicating the general locations recommended

for the various functional classes of land use, places and structures, and for the general physical,

cultural, social, wellness, and economic needs of the Greater Bemidji Area Community and

includes any unit or part of such plan separately adopted and any amendments to such plan or

parts thereof.

CONDITIONAL USE: A land use or development as defined by ordinance that may be

allowed only after an in-depth review procedure and with appropriate restrictions or conditions

as provided by his Zoning Ordinance upon a finding that standards and criteria stated in this

Ordinance will be satisfied. A conditional use must conform to the Greater Bemidji Area Land

Use Plan and be compatible with the existing neighborhood.

CONDOMINIUM: A multiple unit dwelling or development containing individually owned

dwelling units and jointly owned and shared areas and facilities, which dwelling(s) or

development is subject to the provisions of the Minnesota Condominium Law, Minnesota

Statutes, Section 515.A.1-101 to 515.A.4-118.

CONTOUR MAP: A map on which irregularities of land surface are shown by lines

connecting points of equal elevations. Contour interval is the vertical height between contour

lines.

CRITICAL ROOT ZONE: The area of a circle around a significant tree with a radius that is

equal to 1.5 feet for every inch in trunk diameter.

CUL-DE-SAC: A minor street with only one inlet/outlet and ending in a turnaround or circle.

DAY CARE FACILITY: A public or private facility licensed by the Minnesota Department of

Human Services which, for gain or otherwise, regularly provides one or more persons, as defined

by the State Human Services Licensing Act, with care, training, supervision, habilitation,

rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per

day, in a place other than the person’s own home. Day care facilities include, but are not limited

to: family day care homes, group family day care homes, day care centers, day nurseries, nursery

schools, developmental achievement centers for children, day training and rehabilitation services

for adults, day treatment programs, adult day care centers, and day services.

GBAJPB Zoning Ordinance 23 April 8, 2015

DAY TIME: The time of day beginning at 6:00 a.m. and ending at 9:00 p.m.

DEAD END STREET: A Street having only one end open to through traffic.

DECK : A horizontal, unenclosed platform with or without attached railings, seats, trellises or

other features, attached or functionally related to a principal use, structure or site, and at any

point extending more than thirty (30) inches above ground. A deck is considered a structure.

DEMOLITION LANDFILL: Any area of land which is used for the disposal of non-leachable

solid waste from the construction or demolition of residential or commercial structures and their

contents.

DENSITY: The number of dwelling units or square footage of commercial floor area relative to

the total lot area.

DISTRICT: A geographical portion of the greater land area subject of this Ordinance, which

geographical portion is assigned a zoning classification and within which classification certain

regulations and requirements or various combinations thereof apply under the provisions of this

Ordinance.

DOWNTOWN BUSINESS DISTRICT: That portion of the shoreland jurisdiction of Lake

Bemidji and Lake Irving, including the Mississippi River corridor connecting the two Lakes,

bounded by Gould Avenue NE extended to the shoreline of Lake Bemidji, and Sixth (6

) Street

NW (north of Library Park) extended to the shoreline of Lake Bemidji, and by Irvine Avenue

NW extended to the shoreline of Lake Irving, and the westerly terminus of Gemmel Avenue

extended due south to the shoreline of Lake Irving.

DUPLEX, TRIPLEX AND QUAD: Dwelling units on a single lot having two, three and four

units respectively, being attached by common walls and each unit having separate sleeping,

cooking, eating, living and sanitation facilities.

DWELLING SITE: A designated location for residential use by one or more persons using

temporary or movable shelter, including camping and recreational vehicle sites.

DWELLING UNIT: Any structure, or portion of a structure, or other shelter, designed as short

or long term living quarters for one or more persons, including rental or timeshare

accommodations such as motel, hotel and resort rooms and cabins.

EASEMENT: A grant or conveyance by an owner of real property of a right to use the owner’s

real property for a specific purpose.

GBAJPB Zoning Ordinance 24 April 8, 2015

EMPLOYEE: Any person who performs any service on the premises of a business, on a full

time, part time, or contract basis, whether or not the person is denominated an employee,

independent contractor, agent, or otherwise. Employee does not include a person exclusively on

the premises for repair or maintenance of the premises or for the delivery of goods to the

premises.

ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW): A document, in worksheet

format, that helps local governments determine if a proposed action is a major action with a

potential for significant environmental effects, and to consider alternatives or to institute

methods for reducing environmental effects.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by local

governmental units of underground, surface or overhead utilities, including gas, electric, steam,

fuel or water transmission or distribution system collection, communication, supply or disposal

system, and including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire

alarm and police call boxes, traffic signals, hydrants and similar equipment in connection

therewith, but not including buildings, which are necessary for the furnishing of adequate

service by such utilities or municipal departments for the general health, safety or welfare.

EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock,

industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes,

Sections 93.44 to 93.51, and any amendments to said sections subsequently adopted.

FAMILY: An individual or group of two or more persons related by blood, marriage or

adoption.

FAMILY, RENTAL: An individual or group of two or more persons related by blood, marriage

or adoption, living together as a single housekeeping unit in a dwelling unit; or a group of not

more than four (4) persons who need not be related by blood, marriage, or adoption, living

together as a single housekeeping unit in a dwelling unit.

FARM ANIMAL: Any animal other than a dog or cat normally kept outside of a dwelling unit.

Farm animals include, but are not limited to chickens, cows, geese, goats, horses, llamas and

pigs. Keeping farm animals is an agricultural use.

FENCE: Any partition, structure, wall or gate erected within the required yard.

FINAL PLAT: The final map, drawing or chart, on which the subdivider’s plan of subdivision

is presented for approval and which, if approved, will be submitted to the County Recorder. The

plat must conform to the requirements of law.

FLAG LOT: A lot predominately situated behind another lot and having an access to a public

right of way through a portion of the lot which does not satisfy the minimum lot width standards

in effect for the district in which the lot is located. The creation of a flag lot is prohibited except

GBAJPB Zoning Ordinance 25 April 8, 2015

when approved through a PUD/CIC process and/or in accordance with other provisions of this

ordinance.

FLOOR AREA: The total gross area of all floors as measured to the outside surfaces of

exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and

open porches, balconies, decks and terraces.

FLOOR AREA PERCENTAGE: The total floor area divided by the total lot area.

FOOTPRINT: The area underneath the leading edge of a structure as projected vertically onto

the ground (includes roofline at eaves or drip line).

FORESTRY, LAND CONVERSION: The clear cutting of forested lands to prepare for a land

use other than reestablishment of a forest stand, according to the provisions of Minnesota

Statutes, Section 89A.04, as may be amended.

FORESTRY, LAND MANAGEMENT: Shall mean employing the use of best management

practices for Sustainable Forest Resources, and which shall apply to all private property

proposed for development according to the provisions of Minnesota Statutes, Section 89A and as

may be certified according to a certified Tree Inspector of the JPB, its Planning Administrator, or

designee, according to the provisions of Minnesota Statutes, Section 89.63, as may be amended.

FRONT LOT LINE: A line dividing a lot from any public street or highway, except a limited

or controlled access highway to which the lot has no access. The front lot line is the right-of-

way line of the public highway on which the lot has access. For a riparian lot, the front lot line

shall also be that line indicating the ordinary high water level.

FRONTAGE: The distance along a property line along a public right-of-way on which it

borders.

GARAGE: A fully enclosed building designed or used for the storage of motor vehicles, but not

including buildings in which fuel is sold or in which repair or other services are performed.

GARAGE, SIDE LOADED: A detached accessory structure garage with a vehicle entry door

at an angle of no less than 45 degrees from the edge of a public alley right-of-way so that

vehicles can pull entirely out of the garage onto a driveway parking space without entering the

alley.

GARDEN CENTER: A place of business where retail and wholesale products and produce are

sold to the retail customer. These centers which may include a nursery and/or greenhouse,

import the majority of the items sold. These items may include plants, nursery products and

stock, fertilizers, potting soil, hardware, power equipment and machinery, hoses, rakes, shovels,

and other garden and farm tools and utensils.

GBAJPB Zoning Ordinance 26 April 8, 2015

GRANNY FLAT/ DEPENDENT CARE ARRANGEMENT: A temporary secondary living

unit incidental to the principal use of the property where an occupant of the unit is to receive

from or administer to the principal dwelling occupant continuous care.

GREATER BEMIDJI AREA: The approximate 72 square mile area comprised of the City of

Bemidji, Bemidji Township and Northern Township, and including any land hereafter annexed

into the City from surrounding Townships other than Northern and Bemidji.

GREEN SPACE: Open space covered by native plants, natural landscape or other vegetative

cover.

GREENHOUSE: An accessory building whose roof and sides are made largely of glass or

other transparent or translucent materials and in which the temperature and humidity can be

regulated for the cultivation of delicate or out of season plants.

GROUND COVERAGE PERCENTAGE: The percentage of lot area included within the

outside lines of exterior walls of all buildings located on the lot including: porches, decks, patios,

breeze ways, balconies, and bay windows. In shoreland areas, all impervious surfaces are

included in computing ground coverage percentages.

GROUP FAMILY DAY CARE: A day care facility holding a license from Beltrami County or

Minnesota pursuant to Minnesota Statutes, Chapter 245A and/or Minnesota Rules, Chapter 9502

or Chapter 9503, as amended.

GUEST COTTAGE: A structure used as a dwelling unit that may contain sleeping spaces and

kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a

lot. Guest cottages are not allowed in any district.

HALF STREET: A public right-of-way having only half of the width required by the

subdivision design requirements prescribed in this Ordinance.

HEADWATERS LAKES: There are nine lakes within the Mississippi Headwaters Corridor,

including Carr, Irving, Bemidji, and Stump (impoundment).

HEIGHT OF BUILDING: The vertical distance between the lowest ground level at the

structure, and the highest point of the structure.

HOME AND COMMUNITY-BASED SERVICES: “Home and community-based long-term

services and supports” (HCBS) refers to assistance with daily activities that generally helps older

adults and people with disabilities to remain in their homes.

HOME OCCUPATION: The following types of uses which are clearly secondary and

incidental to residential occupancy, and which do not change the character thereof.

GBAJPB Zoning Ordinance 27 April 8, 2015

A. Type I. An occupation conducted in a residential district in which no evidence of

nonresidential activity is evident from off of the premises, no increase in traffic results

from the business activity, and no employees other than household members work on

the premises. Type I home occupations are allowed in all residential districts as

accessory uses and do not require a permit.

B. Type II. An occupation conducted in a residential district that does not meet the

requirements of a Type I home occupation for one or more reasons, but is not identified

as a Type III home occupation. Specifically excluded are any activities that result in

the alteration of a building, window display, construction features, equipment,

machinery or outdoor storage, any of which is visible from outside of the lot on which

such use is located. Type II home occupations are permitted uses in all residential

districts, and specifically include: daycares, private lessons, photography and artist

studios, commercial contractor storage, or similar uses which may result in the need for

multiple trips or visits to the home business. All such uses shall be subject to all other

provisions of this ordinance.

C. Type III. Home occupations that have the potential to adversely affect the functioning

of individual sewage treatment systems or those uses that have an increased potential to

create a nuisance, environmental contamination, inappropriate off-street parking, or any

other non-compatible residential activities with a potential to significantly disrupt the

character of surrounding residential uses in the immediate neighborhood. Type III.

Type III Home occupations may be approved as an interim use in residential zoning

districts, provided findings in support of such use are approved. The Planning

Administrator shall be responsible for determining whether such accessory use

constitutes a primary use of the premises with regard to factors contained in Article II

of this Ordinance. Factors to be included in such review, and/or approval of a Type III

Home Occupation shall include, but are not limited to, the following potential

residential neighborhood impacts:

1. Residential neighborhood character.

2. SSTS function.

3. Excessive noise, dust, vibrations, glares, etc.

4. Environmental contamination.

5. Substantially increased off-street parking.

6. Any other significant or unusual non-residential neighborhood impacts.

Type III Home Occupation uses may include, but are not limited to, the following

similar uses:

1. Greenhouses

2. Automobile Repair Operations

3. Lumber Mills

4. Welding Shops

GBAJPB Zoning Ordinance 28 April 8, 2015

5. Appliance Repair

6. Small Engine Repair

7. Food Production

8. All other accessory uses of a similar character as determined by the Planning

Administrator.

HOMELESS: The term “homeless”, “homeless individual or homeless person” shall include:

A. An individual who lacks a fixed, regular and adequate nighttime residence; and

B. An individual who has a primary nighttime residence that is:

1. A supervised publicly or privately operated shelter designed to provide temporary

living accommodations (including welfare hotels, congregate shelters, and

transitional housing for the mentally ill);

2. An institution that provides a temporary residence for individuals intended to be

institutionalized; or

3. A public or private place not designed for, or ordinarily used as, a regular sleeping

accommodation for human beings.

HOMELESS SHELTER: A location that is designated for overnight sleeping with services

such as meals, showers, computers, counseling and other dignity providing opportunities.

HOMELESS HOUSING, TRANSITIONAL: For the purposes of this Ordinance, a

transitional housing use refers to temporary living situations wherein individuals or families are

residing temporarily with or without separate sleeping rooms or a congregate space. Transitional

housing may occur for periods of one day to a specific time frame. Congregate space means that

individuals share all or part of the kitchen, bath and recreational spaces. Transitional housing

shall only be defined as requiring an Interim Use Permit if each housing unit does not contain

independent living and cooking facilities, but rather are designed and integrated around a central

group or congregate style living, cooking and dining facilities.

HOTEL/MOTEL: Any building or portion thereof where lodging is offered to transient guests

for compensation and in which there are more than three (3) sleeping rooms, with no cooking

facilities in an individual room or apartment. Hotels and motels within shoreland areas are

regulated as commercial planned unit developments.

IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry

of water into the soil and causes water to run off the surface in greater quantities and at increased

rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways,

GBAJPB Zoning Ordinance 29 April 8, 2015

septic tank, parking lots, storage areas and concrete, asphalt or gravel surfaces (see also lot

coverage).

IMPROVED LOT: A lot that contains any structure, and which is served by a sewage disposal

system and water supply.

INDUSTRIAL USE: The use of land or buildings for the production, manufacture,

warehousing, storage or transfer of goods, products, commodities or other wholesale items.

INOPERATIVE: Inoperative shall mean a vehicle that is incapable of movement under its own

power and in need of repair or junking, and shall include vehicles incapable of legal movement

on public roads.

INTENSIVE VEGETATIVE CLEARING: The substantial removal of trees or shrubs in a

contiguous patch, strip, row or block.

INTERIM USE: A temporary use of property until a particular date, until a particular event, or

until zoning regulations no longer permit it. Interim use permits are not recorded and do not run

with the land upon transfer. All interim uses shall conform to standards listed in Section 1205 of

this Ordinance.

JOINT PLANNING BOARD: The Greater Bemidji Area Joint Planning Board as created

under a Joint Powers Agreement between the City of Bemidji, Bemidji Township, and Northern

Township.

JPB: Acronym for Greater Bemidji Area Joint Planning Board or Joint Planning Board.

JUNK: Waste, discarded or salvaged materials including, but not limited to, scrap metal, rags,

paper, rubber products, glass products, lumber products and products resulting from the

wrecking of automobiles or other vehicles

JUNK YARD: Land or buildings where waste, discarded or salvaged materials are brought,

purchased, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not

limited to, scrap metal, rags, paper, rubber products, glass products, lumber products and

products resulting from the wrecking of automobiles or other vehicles, provided further that the

storage of three (3) or more inoperative and/or unlicensed motor vehicles for a period in excess

of three (3) months shall also be considered a junk yard. The term junk yard shall also be

defined to include a recycling center operation.

KENNEL: Any lot or premises on which five or more dogs aged six months or older are kept,

either owned or boarded (indoor and/or outdoor facility), either permanently or temporarily.

LAND USE PERMIT: A permit issued by the Joint Planning Board or its authorized agent

authorizing the use of land in the Townships pursuant to the requirements of this Ordinance.

GBAJPB Zoning Ordinance 30 April 8, 2015

LAND USE PLAN: The land use component of a comprehensive plan or comprehensive

development plan. The land use plan provides the primary policy basis for the official land use

controls.

LANDSCAPE AREA: The area of a lot between the minimum building setback and the street

of the official address of the lot.

LAUNDROMAT: A place where patrons wash, dry, or dry clean clothing or other fabrics in

machines operated by the patron.

LAUNDRY PLANT: A central processing facility for dry cleaning or laundering of clothing or

fabrics collected from and returned to patrons or dry cleaning and laundry companies.

LICENSED FAMILY DAYCARE, LICENSED GROUP FAMILY DAYCARE,

LICENSED CHILD CARE CENTER: A facility holding a license from Beltrami County or

Minnesota pursuant to Minnesota Statutes, Chapter 245A and/or Minnesota Rules, Chapter 9502

or Chapter 9503, as amended.

LICENSED SEWAGE TREATMENT SYSTEM INSTALLER: A person licensed by the

Minnesota Pollution Control Agency to install onsite sewage treatment systems.

LICENSED SITE EVALUATOR: An individual licensed by the Minnesota Pollution Control

Agency to complete a site evaluation report needed for the installation of an onsite sewage

treatment system.

LOT: A parcel of land designated by plat, auditor’s plat, metes and bounds description,

registered land survey, or other accepted means and separated from other parcels or portions by

said description for the purpose of sale, lease or separation.

LOT, AREA: The area of land within the boundaries of a lot, excluding that portion of a lot

within shoreland which is below the ordinary high water level.

LOT, BACK: A separate noncontiguous lot which does not contain a principal structure, and is

located on the opposite side of the street or on a nearby parcel, with the parcel boundary located

within the same block, and/or is within 500 lineal feet of a lot containing a principal structure.

LOT, CORNER: A lot where the interior angle of two (2) adjacent sides at the intersection of

two (2) street frontages is less than one hundred thirty-five (135) degrees. A lot abutting upon a

curved street or streets shall be considered a corner lot for the purposes of this Ordinance if the

arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two (2)

points where the lot lines meet the curve or the straight street line, extended, form an interior

angle of less than one hundred thirty-five (135) degrees.

GBAJPB Zoning Ordinance 31 April 8, 2015

LOT, COVERAGE: Lot coverage shall include all structures, driving surfaces, including

gravel surfaces, septic tank, parking areas regardless of type of surface, and other improved

surfaces (see also impervious surface).

LOT, DIVISION OR RECONFIGURATION: A legal description(s), which divides a parcel

of land into one (1) or more new parcels, or adjusts an existing parcel line into a new position on

the ground.

LOT, IMPROVEMENT: Any building, structure, place, work of art, or other object, or

improvement of the land on which they are situated constituting a physical betterment of real

property, or any part of such betterment. Certain lot improvements shall be properly bonded as

provided in these regulations.

LOT, LINE: A line marking a boundary of a lot except that where any portion of a lot extends

in to the public right-of-way, the lot line shall be deemed to be the boundary of said public right-

of-way.

LOT, FRONT LINE: For a riparian lot, the front lot line is that line indicating the ordinary

high water mark. For a non-riparian lot, a front lot line is a line dividing a lot from any public

highway, except a limited or controlled access highway to which the lot has no access.

LOT, REAR LINE: The lot line not intersecting a front lot line that is most distant from and

most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a

rear lot line.

LOT, SIDE LINE: Any lot line which meets the end of a front lot line and any other lot line

within thirty degrees of being parallel to such a line, except a front lot line.

LOT, RECORD OF: Any lot or tax parcel of land which is one (1) unit of a recorded plat

designated by auditor’s plat, subdivision plat, approved division, or other accepted means and

separated from other parcels or portions of said description for the purpose of sale, lease or

separation thereof that has been recorded in the Office of the County Recorder.

LOT, RIPARIAN: Any lot which is bounded on one or more sides by public waters frontage.

LOT, NON-RIPARIAN: Any lot contained within a Shoreland Overlay District which is not

bounded on one or more sides by public waters frontage.

LOT, RIVER: A lot or parcel, any part of which abuts a watercourse identified in Article IX. of

this Ordinance.

LOT THROUGH; DOUBLE FRONTED LOT: A lot which has both a rear and front yard

abutting a public street and which is not a corner lot.

GBAJPB Zoning Ordinance 32 April 8, 2015

LOT, WIDTH: The minimum required horizontal distance between the side lot lines measured

at right angles to the lot depth, at the front yard property line and/or OHWM. For cul-de-sac lots

or those fronting upon a curved street with an angle of 135 degrees or less, "lot width" shall

mean the minimum required horizontal distance between the side lot lines, measured along a

straight line at the minimum required front setback line.

MANSARD: A roof having two slopes on all sides with the lower slope steeper than the upper

slope.

MANUFACTURED HOME: A structure designed or used for residential occupancy built upon

or having a frame or chassis to which wheels may be attached by which it may be moved upon a

highway, whether or not such structure actually has, at any given time, such wheels attached, or

is jacked up or skirted. Manufactured homes shall be treated as single family housing units for

purposes of these regulations.

MANUFACTURED HOME PARK: Any park, court, lot, parcel or tract of land, designed,

improved, maintained or intended for the purpose of supplying a location for manufactured home

units or upon which any manufactured homes are parked. It shall include all buildings used or

intended for use as part of the equipment thereof, whether a charge is made for the use of the

manufactured home park or not.

MARGINAL ACCESS STREET: A minor street which is parallel and adjacent to a

thoroughfare and which provides access to abutting properties and protection from through

traffic.

MARQUEE: A permanent roof-like structure or canopy of rigid materials supported by and

extending from the façade of a building.

MASTER PLAN: A master plan shall have the same meaning as a comprehensive development

plan.

MEDICAL CANNABIS: Means any species of the genus cannabis plant, or any mixture or

preparation of them, including whole plant extracts and resins, and is delivered in the form of:

(1) liquid, including, but not limited to, oil;

(2) pill;

(3) vaporized delivery method with use of liquid or oil but which does not require the use of

dried leaves or plant form; or

(4) any other method, excluding smoking, approved by the commissioner.

MEDICAL MARIJUANA DISPENSARY: Means an entity registered under section 152.25

that cultivates, acquires, manufactures, possesses, prepares, packs, stores, delivers, transfers,

GBAJPB Zoning Ordinance 33 April 8, 2015

transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and

educational materials to registered qualifying patients or registered designated caregivers.

MEDICAL CANNABIS MANUFACTURER: Means an entity registered by the

commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply,

or dispense medical cannabis, delivery devices, or related supplies and educational materials.

MEDICAL CANNABIS PRODUCT: Means any delivery device or related supplies and

educational materials used in the administration of medical cannabis for a patient with a

qualifying medical condition enrolled in the registry program.

METES AND BOUNDS DESCRIPTION: A description of real property which is not

described by reference to a lot or block shown on a map, but is described by starting at a known

point and describing the bearings and distances of the lines forming the boundaries of the

property or delineating a fractional portion of a section, lot or area by described lines or portions

thereof.

METHANE GAS AREA OF CONCERN (MGAOC): The area of land surrounding a mixed

municipal solid waste (MSW) landfill waste footprint where the presence of certain activities,

such as construction of enclosed structures, may be impacted or precluded by subsurface

migration of methane gas.

MINIMUM SUBDIVISION DESIGN STANDARDS: The guides, principles and

specifications for the preparation of subdivision plans indicating, among other things, the

minimum and maximum dimensions of the various elements set forth in the preliminary plan.

MINING, SAND, GRAVEL & PEAT: The use of land for subsurface removal of non-metallic

minerals and peat as regulated under Minnesota Statutes, Sections 93.44 through 93.51, and any

amendments to said section subsequently adopted.

MINING AREA: "Mining Area" or "Area subjected to non-metallic mining" means any area of

land from which material is hereafter removed in connection with the production or extraction of

non-metallic sand and gravel minerals or peat, the lands upon which material from such non-

metallic mining is hereafter deposited, the lands upon which beneficiating plants and auxiliary

facilities are hereafter located, the lands upon which the water reservoirs used in the non-metallic

mining process are hereafter located, and auxiliary lands which are hereafter used or intended to

be used in a particular non-metallic mining operation.

MINI STORAGE: A building which contains separate, individual and private storage spaces of

varying sizes leased or rented on individual leases for varying periods of time, or as part of an

approved CIC.

GBAJPB Zoning Ordinance 34 April 8, 2015

MINNESOTA POLLUTION CONTROL AGENCY: State Agency with the stated purpose

of protecting Minnesota's environment through monitoring environmental quality and enforcing

environmental regulations.

MINOR STREET: A Street of limited continuity used primarily for access to the abutting

properties and the local needs of a neighborhood.

MISSISSIPPI HEADWATERS BOARD (MHB): A joint powers board established pursuant

to law charged with planning and zoning within the Upper Mississippi River corridor.

MOBILE HOME: (see manufactured home.)

MULTIPLE FAMILY DWELLING: A structure designed or used for residential occupancy

by more than one family, with or without separate kitchen or dining facilities, including

apartment houses, rooming houses, boarding houses, townhomes, row houses, and similar

housing types. Multiple family dwellings do not include hotels, motels, nursing homes or

hospitals.

MULTI-TENANT BUILDING: A structure or grouping of attached or detached structures on

a single parcel of land or CIC plat.

MUNICIPAL SYSTEM (WATER & SEWER): A centrally treated, distributed, and/or

collected system of public water or sewage service.

NIGHT TIME: The time of night beginning at 9:00 p.m. and ending at 6:00 a.m.

NONCONFORMITY: Any legal use, structure or parcel of land already in existence, recorded,

or authorized before the adoption of official controls or amendments thereto that would not have

been permitted to become established under the terms of the official controls as now written, if

the official controls had been in effect prior to the date it was established, recorded or authorized.

NONRIPARIAN LOT: Any lot which is not bounded on any side by public water frontage.

NORTHWOODS CHARACTER: A wooded feeling, such as being covered with growing

trees. Physical characteristics or architectural design features that are consistent with or that

reflect those commonly associated with a northern Minnesota wooded setting including, but not

limited to, trees and landscaping features indigenous to northern Minnesota and use of natural

colors and materials. Northwoods character design feature examples may be identified within the

Greater Bemidji Area Comprehensive Plan.

NURSERY: A business growing and selling trees, flowering and decorative plants and shrubs

and which may be conducted within a building or without, for the purpose of landscape

construction.

GBAJPB Zoning Ordinance 35 April 8, 2015

NURSING HOME: A structure designed or used for residential occupancy and at which

limited medical or nursing care is provided for its occupants, but not including hospitals or

mental health centers.

OFFICIAL MONUMENT: A marker established by the original Federal Land Survey for use

as a reference point in surveying and subdividing land.

OPEN SALES LOT: The impervious land area of a parcel where a business will devote space to

the regular display of goods for sale, rent, lease or trade where such goods are not enclosed

within a building.

OPEN SALES LOT, MAJOR: An open sales lot which contains a total area of 2,000 square

feet, or greater, land area devoted to display of such goods.

OPEN SPACE: All area not covered by impervious surface as defined in this Ordinance.

OPERATOR, HOMELESS SHELTER, TRANSITIONAL HOUSING, or WARMING

CENTER: The owner, individual, partnership, organization, or corporation, which manages

either a Homeless Shelter, Transitional Housing, or a Warming Center use, whether or not for

remuneration of any kind.

ORDINARY HIGH WATER MARK/LEVEL (OHWM): The boundary of public waters and

wetlands indicated by an elevation delineating the highest water level which has been maintained

for a sufficient period of time to leave evidence upon the landscape, commonly that point where

the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For

watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.

OWNER: Any individual, firm, associate, syndicate, partnership, trust, or any other legal entity

having sufficient proprietary interest in the land.

PAINTED WALL SIGN: Any sign which is applied with paint, or similar substance on the

surface of a wall.

PARCEL: Real property as defined by Minnesota Statutes Section 272.03.

PARKING SPACE: An area of definite length and width designed for parking of motor

vehicles; said area shall be exclusive of drives, aisles or entrances giving access thereto.

PASSIVE RECREATION FACILITY: A facility that provides persons comfortable use of

parks, open space or green space in a manner that does not significantly impact natural, cultural,

or scientific areas. Passive recreational facilities include park benches, picnic tables, and

gazebos.

GBAJPB Zoning Ordinance 36 April 8, 2015

PASTURE: Areas where grass or other growing plants are used for grazing and where the

concentration of animals is such that a vegetation cover is maintained during the growing season

except in the immediate vicinity of temporary supplemental feeding or watering devices.

PATIO: A horizontal unenclosed platform without railings, seats, trellises, or other features

attached or functionally related to a principal use or site at ground level or at no point extending

more than thirty (30) inches above the ground. Platforms with railings, seats, trellises or other

features shall be regulated as decks regardless of height above ground level.

PEDESTRIAN WAY: The right-of-way across or within a block, for use by pedestrian traffic

whether designated as a pedestrian way, cross-walk or however otherwise designated.

PERFORMANCE BOND: A bond which may be required by the Joint Planning Board,

Planning Commission or Board of Adjustment to insure the completion of any activity falling

under the jurisdiction of this Ordinance.

PERVIOUS SURFACE: All non-impervious areas on a parcel, including green space,

landscaped planting areas, ponds, or other features which accommodate groundwater recharge.

PERMANENT FOUNDATION: A foundation meeting the Building Code and consisting of

approved footings, crawl space or a basement.

PERMIT: Documentation of duly authorized approval provided in the form of a land use

permit, conditional use permit, sewage treatment permit, or variance, allowing a property owner

to undertake an activity regulated under the provisions of this Ordinance.

PERSON: Any individual, corporation, association, firm, partnership, or similarly identified

interest.

PET HOTEL OR BOARDING: An indoor pet grooming or boarding facility which provides

overnight or extended stay accommodations for domestic animals without outdoor kennel

facilities.

PLACE OF WORSHIP: A building or space that is principally used as a religious institution

or place where people of the same faith or religion regularly assemble for worship.

PLANNED UNIT DEVELOPMENT (PUD): A type of development, characterized by a

united site design for a number of dwelling units or dwelling sites on a parcel, whether for sale,

rent, or lease, and also usually involving clustering of these units or sites to provide areas of

common open space, density increases, and a mix of structure types and land uses. These

developments may be organized and operated as condominiums, time-share condominiums,

cooperative housing; full fee ownership, commercial enterprises; or any combination of these, or

cluster subdivisions of dwelling units; residential condominiums; townhouses; apartment

GBAJPB Zoning Ordinance 37 April 8, 2015

buildings; campgrounds; recreational vehicle parks; mobile home parks; resorts; hotels; motels;

and conversions of structures and land uses to these uses.

PLANNED UNIT DEVELOPMENT – COMMERCIAL: Uses that provide transient, short-

term lodging spaces, rooms or parcels with primarily service-oriented operations. Hotel/motel

accommodations, bed and breakfast accommodations, resorts, recreational vehicle and camping

parks, and other primarily service-oriented activities are examples of commercial planned unit

developments.

PLANNED UNIT DEVELOPMENT – MIXED USE: A planned unit development which

includes a mixture of residential and commercial uses. In addition, it may be a single structure

developed or converted under the statutory requirements of a common interest community.

PLANNED UNIT DEVELOPMENT – RESIDENTIAL: A use where the nature of residency

is non-transient and the major or primary focus of the development is not service-oriented. For

example: single family residences; duplexes; triplexes; residential apartments; mobile home

parks; condominiums; time share condominiums; townhouses; cooperatives; and conversions of

structures and land uses to these uses. To qualify as a residential planned unit development, a

development must contain at least five dwelling units or sites.

PLANNING ADMINISTRATOR: The Planning Administrator of the Greater Bemidji Area,

or its authorized agent or representative.

PLAT: A map or drawing which graphically delineates the boundary of land parcels for the

purpose of identification and record of title. The plat is a recorded legal document and must

conform to the law.

PRACTICAL DIFFICULTIES: "Practical difficulties," as used in connection with the

granting of a variance, means that the property owner proposes to use the property in a

reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to

circumstances unique to the property not created by the landowner; and the variance, if granted,

will not alter the essential character of the locality. Economic considerations alone do not

constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate

access to direct sunlight for solar energy systems.

PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout

of the subdivision to be submitted to the Planning Administrator, Planning Commission, and

Joint Planning Board for consideration.

PREMISES: Any platted lot, parcel, tract of land or contiguous group thereof.

PRINCIPAL STRUCTURE: A structure in which is conducted the principal use of the lot

upon which it is situated.

GBAJPB Zoning Ordinance 38 April 8, 2015

PRINCIPAL USE: The principal use to which the premises are devoted.

PRIVATE STREET: A way for vehicular traffic, located within the Greater Bemidji Area,

which is not owned by the City, Township, State or County.

PROFESSIONAL OFFICES: Places of business from which licensed or certified practitioners

such as dentists, attorneys, accountants, surveyors, engineers, etc. provide a service to the public

and from which only limited associated retail products incidental to the service provided are

sold.

PROOF OF PARKING: An alternate parking plan approved by the JPB or Planning

Administrator which allows a reduction from the strict interpretation of the minimum parking

space standards of this ordinance as may be appropriate for a specific use of property. An

alternative parking plan approval shall be based upon documented parking studies and site

specific analysis that a need exists to reserve for future improvement and/or provide fewer

parking stalls than the minimum parking standards or to deviate from required paving standards.

Factors to be considered in such determination include (without limitation) national parking

standards, parking standards for similar businesses or land uses, size of building, type of use,

number of employees, expected volume and turnover of customer traffic and expected frequency

and number of delivery or service vehicles. The approval of such defined parking arrangements

shall be subject to review and/or expiration as determined by the Planning Administrator or Joint

Planning Board.

PROTECTIVE COVENANTS: Contracts entered into between private parties constituting a

restriction on the use of all private property, or within a subdivision, for the benefit of property

owners, and to provide mutual protection against undesirable aspects of development which

would tend to impair stability of values.

PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk, pedestrian

way, tree, lawn, off-street parking area, lot improvement, utility or other facility for which either

the City or a Township may ultimately assume the responsibility for maintenance and operation,

or which may affect an improvement for which local government responsibility is established.

PUBLIC LIBRARY: Any library that provides free access to all residents of a city or county

without discrimination and is organized under Minnesota Statutes, Chapter 134.

PUBLIC PARK: A park, reservation, playground, beach, or recreation or community center in

the community owned, leased, or used wholly or in part by a township, city, county, state, school

district, or federal government for recreational purposes.

PUBLIC USES: Uses owned or operated by municipal, school districts, county, state or other

governmental units.

GBAJPB Zoning Ordinance 39 April 8, 2015

PUBLIC UTILITY: Any person, firm, corporation, municipal department or board fully

authorized and furnishing under municipal regulation to the public electricity, gas, steam,

communication services, cable television, telegraph services, transportation, water or the like.

PUBLIC UTILITY BUILDING, MINOR: Essential service structures or uses, including, but

not limited to, buildings or uses such as telephone exchange stations, sewer lift stations, power

poles, lines, and transformers, except as a power substation or transmission line, public and

private water, sewer, and drainage distribution facilities, etc.

PUBLIC UTILITY BUILDING, MAJOR: Essential service structures or uses, including, but

not limited to, buildings or uses such as booster or pressure regulating stations, wells and

pumping stations, wastewater treatment plants, elevated tanks & towers, electrical power

substations, and major electric utility transmission lines, etc.

PUBLIC WATERS: Any waters as defined in Minnesota Statutes, Section 103G.005,

subdivision 15-18. However, no lake, pond, or flowage of less than 10 acres in size will be

regulated for purposes of these parts. A body of water created by a private user where there was

no previous shoreland shall be exempt from the provisions of this ordinance. The official

determination of the size of public water basins and physical limits of drainage areas of rivers

and streams shall be made by the Commissioner.

RAIN GARDEN: A depression planted with native vegetation that filters and infiltrates rain

water.

RECREATIONAL VEHICLE: Any vehicle or vehicular portable structure built on a chassis

designed to be used as a temporary dwelling for travel, recreation or other vacation use.

RECREATIONAL VEHICLE CAMPGROUND: Any area, whether privately or publicly

owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more

tents or recreational vehicles, either free of charge or for compensation. Recreational Vehicle

Campgrounds are considered commercial planned unit developments.

REGULAR OR REGULARLY: A consistent, ongoing, and substantial course of conduct,

such that the films, performances, or business activities so described constitute a significant and

substantial portion of the films or performances offered as a part of the ongoing business of the

sexually oriented business. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 259-261 (1990)

(Scalia, J., concurring in part and dissenting in part).

RELIGIOUS INSTITUTION: A church, synagogue, temple, mosque or other structure that is

architecturally designed or particularly adapted for the primary use of the regular assembly of

persons for religious worship. Religious institution includes those accessory uses that are

secondary to the principal use, but which are intrinsic and necessary to the tenants and exercise

of religious beliefs and that can be conducted on the property in a manner that complies with the

GBAJPB Zoning Ordinance 40 April 8, 2015

requirements of applicable federal, state, and local laws, rules, regulations, codes, and

ordinances.

REPLACEMENT TREE: A tree planted as part of the tree replacement plan, which must be at

least 1.75 caliper inches measured twelve (12) inches from the ground and which otherwise

meets the requirements of this section, except Bur Oak, Ironwood and similar trees accepted by

the Joint Planning Board which may be 1.25 caliper inches. A coniferous tree five (5) feet high

will meet the minimum caliper inches required, except on steep slopes.

RESIDENTIAL, ACCESSORY CARETAKER (as incidental use for security): An

occupied accessory dwelling use solely for the purposes of caretaking or security for an

approved high density residential development, a commercial or industrial use.

RESIDENTIAL FACILITY, PERMITTED SINGLE FAMILY STATE LICENSED USE:

A state licensed residential facility or a housing with services establishment registered under

chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer

persons, and a group family day care facility licensed under Minnesota Rules, parts

9502.0315 to 9502.0445 to serve 14 or fewer children according to Chapter 462.357, Subd.

7, shall be considered a permitted single family residential use of property for the purposes

of zoning, except that a residential facility whose primary purpose is to treat juveniles who

have violated criminal statutes relating to sex offenses or have been adjudicated delinquent

on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be

considered a permitted use.

RESIDENTIAL FACILITY, PERMITTED MULTI FAMILY STATE LICENSED USE:

Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning

regulation as authorized by this subdivision, a state licensed residential facility serving from

7 through 16 persons or a licensed day care facility serving from 13 through 16 persons

according to Chapter 462.357, Subd. 8, shall be considered a permitted multifamily

residential use of property for purposes of zoning.

RESORT: A private commercial recreational development which includes multiple units

intended for habitation on a temporary basis for relaxation or recreational purposes. Resorts are

considered commercial planned unit developments.

RIGHT-OF-WAY (ROW): The land covered by a public road, platted or via recorded roadway

easement, and adjacent land designated or reserved for public use.

ROAD AGREEMENT: An agreement between a developer and the road authority prescribing

standards for roads.

SANITARY LANDFILL: Any area of land intended or used for the disposal of solid waste.

GBAJPB Zoning Ordinance 41 April 8, 2015

SATELLITE TELEVISION ANTENNAS: Dish-type antennas greater than one meter in

diameter used in the reception of television communication signals from orbiting satellites.

SCHOOL: A building or space that is principally used as a place where twenty-five (25) or

more persons receive a full course of educational instruction. Any post-secondary or post high

school educational building, including any college or other vocational technical college, shall not

be deemed a school for purposes of adult sexually oriented business distance restrictions under

this Ordinance.

SCREENING: The reduction of negative visual impact of a structure or use on adjacent or

nearby properties by use of fencing, permanent landscape plantings, or other suitable means.

SEARCHLIGHT: An apparatus for projecting a beam or beams of light from the ground into

the sky.

SEMI-PUBLIC USES: Uses owned by private or private non-profit organizations which are

open to some, but not all, of the public such as denominational cemeteries, private schools, clubs,

lodges, recreation facilities, religious institutions, etc.

SEPTIC TANK: Any water tight, covered receptacle designed and constructed to receive the

discharge of sewage from a building’s sewer, to separate solids from liquids, digest organic

matters, and store liquids for a period of detention, and allow the liquids to discharge to a soil

treatment system.

SETBACK: The shortest straight line distance between the outer extremity of a structure

(including eaves), sewage treatment system, or other facilities and an ordinary high water level,

sewage treatment system, top of a bluff, road, highway, property line or other feature.

SETBACK, FRONT RIPARIAN: Measured from the Ordinary High Water mark.

Parcel of Record

WATER

ROADWAY

OHW

GBAJPB Zoning Ordinance 42 April 8, 2015

SETBACK, FRONT NON-RIPARIAN: Measured from the parcel line the building is

directionally facing (addressed). Corner Lots have two front yards, with specific setback

requirements based on zoning category.

SEWAGE TREATMENT SYSTEM: A system which uses subsurface soil treatment and

disposal whereby septic tank effluent is treated and disposed of below the ground surface by

filtration and percolation through the soil and includes those systems commonly known as:

seepage beds; disposal field; and mounds. All private sewage treatment systems must meet or

exceed the standards prescribed in MPCA Chapter 7080.

SEWER SYSTEM: Pipelines, conduits, pumping stations, force main and all other

construction, devices appliances, or appurtenances used for conducting sewage or industrial or

other wastes to a point of ultimate disposal.

SHELTER: A facility which provides congregate style temporary sleeping accommodations,

either with or without meals, to primarily house the homeless, or other transient individuals, for

any period of time. Shelter does not include lodging establishments licensed by the State of

Minnesota, or facilities that provide lodging to any individual who is: 1) placed by lawful

authorities or otherwise housed in a public or private institution; or 2) who is imprisoned on a

Department of Corrections Release Program, or otherwise detained pursuant to either federal or

state law.

SHOOTING RANGE (OUTDOOR): An outdoor recreational firing range facility designed for

the purpose of providing a place on which to safely discharge firearms, and where a user fee is

charged, or where a person must be a member of a group to be allowed to use the facility and

membership requires the payment of dues or fees (gun club).

A. Pistol/Rifle firing range: A recreational firing range in which a “rifle” (firearms

designed to be fired from the shoulder, including, but not limited to, firearms designed

for military or law enforcement, and muzzle loading firearms), or a “pistol” (a firearm

designed to be held, aimed, and fired with one hand. Also known as a “handgun”) is used

to discharge projectiles along a firing line toward targets.

Parcel of Record

ROADWAY

GBAJPB Zoning Ordinance 43 April 8, 2015

B. Shotgun Range: A recreational firing range in which a “shotgun” (a firearm

designed to be fired from the shoulder with a smoothbore barrel that fires shot shells

possessing a varying number of round pellets), is used to shoot at clay targets launched in

the air from a machine. Shotgun ranges practicing recreational “clay pigeon shooting” are

composed of three distinct disciplines; “trap shooting”, “skeet shooting”, and “sporting

clays”.

SHORE IMPACT ZONE: Land located between the ordinary high water mark of a public

water and a line parallel to it at the required structure setback.

SHORELAND: Land located within the following distances from public waters: 1,000 feet

from the ordinary high water level of a lake, pond or flowage; 500 feet from that stretch of the

Mississippi River classified as Scenic River; and 300 feet from any other river or stream

classification, or the landward extent of a flood plain designated by ordinance on a river or

stream, whichever is greater. The limits of shoreland may be reduced whenever the waters

involved are bounded by topographic divides which extend landward from the waters for lesser

distances and where approved by the Commissioner.

SIGHT VISIBILITY TRIANGLE: The area of a lot closest to the intersection or driveway

area, containing no visual impairment and allowing full view of both pedestrian and vehicular

traffic according to the provisions of this Ordinance.

SIGN RELATED DEFINITIONS

SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation

in the nature of an advertisement, announcement, message, or visual communication,

whether painted, posted, printed, affixed or constructed including all associated brackets,

braces, supports, wires and structures, which is displayed for informational or communicative

purposes. A sign does not include wall or building art.

SIGN, ABANDONED: A sign which no longer identifies or advertises a bona fide business,

lessor/landlord, service, owner, product or activity or for which no legal owner or operator

can be found on the premises for which an existing business identification sign exists.

SIGN, AREA: The space inside a continuous line drawn around and enclosing all letters,

designs, and background materials, exclusive of border, trim and structural supports. For the

purpose of calculating the sign area of back-to-back signs, the stipulated maximum sign area

shall refer to a single face, provided the internal radius of the sign does not exceed 45

degrees.

SIGN, AWNING: A sign painted on, printed on, or attached flat against the surface of an

awning or shelter constructed on non-rigid materials on a supporting framework projecting

from and supported by the exterior wall of a building.

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SIGN, BALLOON OR INFLATABLE DEVICE: A moveable object consisting of rubber,

vinyl, plastic, or a similar material which is capable of being inflated with air or gas to

enlarge, swell or distend from internal pressure.

SIGN, BANNER: A sign made of fabric or any non-rigid material with no enclosing

framework temporarily mounted to a building, structure, or the ground at two or more edges.

SIGN, BANNERETTE: A small banner not exceeding four (4) square feet in size.

SIGN, BENCH: A permanent sign consisting of durable material attached to a bench or

other similar type of outdoor furniture or seating. Such signage shall not be considered to be

an off- premises advertising or billboard sign.

SIGN, BILLBOARD: An off-premise sign.

SIGN, BUSINESS IDENTIFICATION, ON-PREMISE: A sign which pertains to the use

of the premises and/ or property on which it is located.

SIGN, BUSINESS IDENTIFICATION, OFF-PREMISE: A commercial speech sign

which directs the attention of the public to a business that is not on the same parcel where such a

sign is located.

SIGN, BULLETIN BOARD: A small announcement message advertising coming events or

activities through the use of non-dynamic changeable copy, bulletins, or printed fliers.

SIGN, CANOPY: A sign affixed or applied to the exterior facing surface or surfaces of a

building or freestanding canopy.

SIGN, CLEARANCE: The shortest vertical distance between the grade of the adjacent

street, highway, or street curb, and the lowest point of any sign, including framework and

embellishments, extending over that grade.

SIGN, CONSTRUCTION: A temporary sign identifying an architect, contractor,

subcontractor and/or material supplier participating in construction on the property on which

the sign is located.

SIGN, COPY: The graphic content of a sign surface in either permanent or removable

letter, pictographic, symbolic, or alphabetic form.

SIGN, DOUBLE FACED: A sign with two faces, either back-to-back, or in a V-shaped

construction.

SIGN, DYNAMIC DISPLAY: Any sign, portion of a sign or characteristics of a sign that

appears to have movement or that appears to change and which is caused by any method

GBAJPB Zoning Ordinance 45 April 8, 2015

other than physically removing and replacing the sign or its components, whether the

apparent movement or change is in the display, the sign structure itself, or any other

component of the sign. This includes a display that incorporates a technology or method

allowing the sign face to change the image without having to physically or mechanically

replace the sign face or its components. This also includes any rotating, revolving, moving,

waving, flashing, blinking, or animated display or structural element, and any display that

incorporates rotating panels, LED lights manipulated through digital input, “digital ink”,

incandescent bulbs, or any other method or technology that allows a sign face, or any other

device, to present a series of images or displays.

SIGN, DYNAMIC DISPLAY PROGRAMMING: The hardware, software and all

necessary equipment and operations associated with the control and programming of a

dynamic display.

SIGN, EASEL: (See Sandwich Board Sign).

SIGN, ELECTRICAL: A sign or sign structure in which electrical wiring, connections, or

fixtures are used.

SIGN, FAÇADE: The entire front of a building, including the parapet.

SIGN, FACE: The area of a sign on which the copy is placed.

SIGN, FREESTANDING: A sign supported permanently upon the ground by poles or

braces and not attached to any building.

SIGN, GOVERNMENT: Any temporary or permanent sign erected and maintained by the

Township, City, County, State or Federal Government.

SIGN, GROUND: A sign which is anchored to the ground in a similar manner as a pylon or

freestanding sign, but with a monolithic or columnar line and which maintains essentially the

same contour from grade to top. Height and setback requirements are the same as for

freestanding signs.

SIGN, HORIZONTAL BANNER A-FRAME: A sign which shall be regulated according

to the easel or sandwich board sign rules.

SIGN, HEIGHT: The vertical distance measured from the highest point of the sign to the

highest adjacent surface grade beneath the sign.

SIGN, INCIDENTAL: A small sign, emblem, or decal placed on the exterior of a building,

or attached to a freestanding structure on the premises, only informing the public of hours of

operation.

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SIGN, IDENTIFICATION: A sign attached to or adjacent to a building entrance and

which is limited to the name and address of the premise.

SIGN, ILLEGAL: A sign which does not meet the requirements of this Ordinance, and

which has not received legal nonconforming status.

SIGN, ILLUMINATION - DIRECT: An illuminated sign in which the light source is not

internally diffused from within the sign.

SIGN, ILLUMINATION - INDIRECT: An illuminated sign in which the light source is

internally diffused from within the sign.

SIGN, LOW PROFILE: A monument sign not exceeding six (6) feet in height.

SIGN, MAINTENANCE: The cleaning, painting, repair or replacement of defective parts

of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

SIGN, MARQUEE: Any sign attached to or supported by a marquee structure.

SIGN, MASTER PLAN: As sign plan approved as part of a multi-tenant commercial

building or PUD.

SIGN, MONUMENT: A freestanding sign that is attached to the ground by means of a

freestanding support structure, solid from grade to the top of the sign structure and is

typically encased or supported by masonry or other permanent finished materials.

SIGN, MULTIPLE FACED: A sign containing three (3) or more faces. Each face shall be

counted separately toward the maximum allowable sign area.

SIGN, NAMEPLATE: A non-electric on-premise identification sign giving only the name,

address and/ or occupation of an occupant or group of occupants.

SIGN, OFF-PREMISE DIRECTIONAL OR WAY FINDING: An approved road, park

or trail authority off-premise directional sign which directs the traveling public to a parcel

where a business or use is located.

SIGN, ON-PREMISE DIRECTIONAL: An on-premise directional sign which provides

on-premise circulation safety to and from, or upon a parcel.

SIGN, PENNANTS: Various colored flag-like devices in any shape that are individually or

collectively attached by a continuous string, with or without messages, and are used for

identification, signaling or directing attention where displayed.

GBAJPB Zoning Ordinance 47 April 8, 2015

SIGN, POINT OF PURCHASE DISPLAY: A temporary exterior sign made of any

material attached or adjacent to an item accompanying its exterior display.

SIGN, POLITICAL: A temporary sign used in connection with a local, state or national

election or referendum.

SIGN, PORTABLE: Any sign designed to be moved easily and not permanently affixed to

the ground or to a structure or building.

SIGN, PROJECTING: A sign other than a flat wall sign which is attached to a building

and projects out at a non-horizontal angle from a wall or other structure not specifically

designed and approved to support the sign.

SIGN, ROOF: Any sign erected over or on the roof of a building.

SIGN, SAIL: A piece of cloth, varying in size, shape, color, and design, attached at one

edge to a staff or cord for the entire vertical length of the cloth, and used as a means of

conveying a message.

SIGN, SANDWICH BOARD, OR EASEL: A temporary on-premise sign capable of being

carried to and from a sidewalk or pedestrian area that is constructed of wood, metal, plastic

or other durable material.

SIGN, SNIPE: A temporary sign or poster consisting of any materials such as metal, paper,

plastic, cardboard, synthetic material, etc. that is affixed to a tree, telephone or utility pole,

fuel pump canopy or supporting structure or pump island barrier, fence, permitted sign

structure, light standard, exterior window, or attached to a structure or device and temporarily

placed in the ground.

SIGN, SPECIAL EVENT: An event or special promotional activity with a limited duration

that involves the use of temporary signs or attention getting devices.

SIGN, STATIC IDENTIFICATION: A permanent on-premise sign, either freestanding or

wall mounted, and which does not contain a dynamic display or copy that can be changed

manually.

SIGN, SWINGING: A sign which is made of permanent exterior material which is

designed to swing in the air by hardware or some other form of attachment to an immovable

object.

SIGN, TEMPORARY: A sign not constructed or intended for long-term use, such as a

special event, or any sign for a business that has not yet obtained a permanent sign permit.

SIGN, UNDER-CANOPY: A sign suspended beneath a canopy, ceiling, roof, or marquee.

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SIGN, WALL: A sign attached essentially parallel to and extending not more than twenty-

four (24) inches from the wall of a building with no copy on the sides or edges. This

definition includes painted, individual letter, cabinet signs, and signs on a mansard.

SIGN, WINDOW: A sign attached to, placed upon, or painted on the interior of a window

that is visible from the exterior of the building.

SIGNIFICANT HISTORIC SITE: Any archeological site, standing structure, or other

property that meets the criteria for eligibility to the National Register of Historic Places or is

listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that

falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these

criteria if it is presently listed on either register or if it is determined to meet the qualifications for

listing after review by the Minnesota State Archaeologist or the Director of the Minnesota

Historic Society, or is locally designated by the City or township as a historic property or district.

All unplatted cemeteries are automatically considered to be significant historic sites.

SIGNIFICANT TREE: Any deciduous or coniferous tree measuring eight (8) caliper inches in

diameter or greater, measured at 4.5 feet above ground level of the main stem, and which is not

dead or actively infected with a tree killing disease or organism such as, but not limited to: Oak

Wilt, Dutch Elm Disease; except Bur Oak, Ironwood and similar slow growing trees which are

accepted by the Joint Planning Board which may be four (4) caliper inches in diameter or

greater.

SIGNIFICANT TREE, HAZARD OR DISEASED HIGH QUALITY: Any high quality

significant tree(s) that are in imminent danger of dying or toppling due to natural causes and

causing damage to public or private utilities, infrastructure, or buildings. Designation of such

hazard or diseased significant tree(s) shall be evaluated and certified in writing to this effect by a

Certified Tree Inspector, as defined by MN Laws Chapter 89.63, before being included as part of

a site tree inventory and/or allowed to be removed.

SIGNIFICANT TREE, HIGH QUALITY: Any significant tree of the following common

indigenous species: American Linden, Ash, Aspen (Large Tooth), Basswood, Black Willow,

Birch (except paper) Black Cherry, Cedar, Cottonwood, Dogwood, Elm, Hackberry, Ironwood,

Locust, Maple, Oak, Pine (all species except Jack), Spruce, Tamarack, or Walnut and other

species which have an approximate minimum life expectancy of forty five (45) years or greater.

SIGNIFICANT TREE, MATURE COVER: The full aerial outline expressed in a measure of

land area for all existing or expected significant tree canopy coverage at a mature stage of

growth.

SINGLE-FAMILY DWELLING: A structure designated or used for residential occupancy by

one family.

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SITE EVALUATION REPORT: A report completed by a licensed site evaluator containing a

description of site and soil characteristics, percolation tests, and other information needed to

ensure compliance with MPCA Chapter 7080.

SOLAR – BUILDING INTERGRATED: Solar energy absorption where the photovoltaic

elements actually become an integral part of the building. Often serving as the exterior weather

skin.

SOLAR COLLECTORS: Any of several devices that absorb and accumulate solar radiation

for use as a source of energy. Commercial collectors are large scale systems for profit. Personal

collectors are considered an accessory use when the power generated from the solar energy

system is equal to or less than the expected power usage of the principal use and any other

accessory use on the property.

SOLAR ENERGY: The energy received by the earth from the sun. This energy is in the form

of solar radiation, which makes the production of solar electricity possible.

SOLAR – GROUND: A ground mounted or pole mounted system. Must comply with

accessory structure requirements of the code; measured when oriented at maximum design tilt,

shall not exceed the maximum building height for accessory buildings in the applicable zoning

district.

SOLAR - PHOTOVOLTAIC ENERGY PRODUCTION FACILITY: Consists of one or

more freestanding ground, pole, or roof mounted solar collector devices, solar related equipment

and other accessory structures and buildings including substations, electrical infrastructure,

transmission lines and other appurtenant structures and facilities.

SOLAR – ROOF: A roof mounted system. Must not exceed 5 feet above maximum allowed

height of the building in the applicable zoning district.

STEEP SLOPES: Land where agricultural activity or development is either not recommended

or described as poorly suited due to slope steepness and the soil characteristics of the site, as

mapped and described in available County soil surveys or other technical reports, unless

appropriate design and construction techniques and farming practices are used in accordance

with the provisions of this Ordinance. Where specific information is not available, steep slopes

are lands having slopes over twelve percent, as measured over horizontal distances of fifty feet or

more, that are not bluffs.

STREAMERS: Any long narrow collection of wavy plastic, tinsel, etc., strips of materials that

are on a continuous string attachment and designed to be tied to objects to wave or float in the

wind.

GBAJPB Zoning Ordinance 50 April 8, 2015

STREET: A way for vehicular traffic, whether designated as a street, highway, thoroughfare,

parkway, throughway, road, avenue, place, lane, court, or other such designation.

STREET WIDTH: The shortest distance between the lines delineating the right-of-way of a

street.

STRUCTURAL ALTERATION: Any change to a structure, except those required by law or

Ordinance, which would prolong the life of its supporting members, including but not limited to,

bearing walls, columns, beams, or girders.

STRUCTURE: That which is built or constructed, an edifice or building or appurtenance

thereto, or any piece of work artificially built up, or composed of parts joined together in some

definable manner, except aerial or underground utility lines such as: sewer, electric, telephone,

telegraph, gas lines, towers, poles, and other supporting appurtenances.

STUDIO APARTMENT: Apartment without a formally designed bedroom.

SUBDIVIDER: Any person commencing proceedings under the terms of this Ordinance to

affect a subdivision of land hereunder for himself or for another.

SUBDIVISION: The division of a parcel of land into two or more lots or parcels for the

purpose of transfer of ownership or building or development or, if a new street is involved, any

division of a parcel of land; the term includes re-subdivision and, when appropriate to the

context, relates to the process of subdividing or to the land subdivided.

SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign located at the

entrance of a recognized subdivision, condominium complex, or residential development.

SUBDIVISION, MAJOR: A Subdivision of a real estate parcels that cannot be divided through

the simple or minor subdivision process and requiring the approval of a preliminary and final

plat or a CIC.

SUBDIVISION, MINOR: Any subdivision containing not more than eight (8) parcels fronting

on an existing street, not involving any new street or road, or the extension of municipal

facilities, or the creation of any public improvements, and not adversely affecting the remainder

of the parcel or adjoining property, and not in conflict with any provision or portion of the Land

Use Plan or these regulations.

SUBDIVISION, SIMPLE: The division of a parcel into up to and involving no more than four

(4) parcels after a 20 acre parcel of record has been subdivided, with a COS indicating necessary

easements.

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SUBSTANDARD LOT: A lot that was legally established and recorded under the terms of

regulations in existence at the time such lot was created, but which does not now meet the

minimum dimensional standards prescribed by this Ordinance.

SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS): Either an individual subsurface

sewage treatment system (ISTS) or a midsized subsurface sewage treatment system (MSTS) as

defined by MN Rules Parts 7080.1100, Subp. 82 and 7081.0020, Subp. 4. Unless otherwise

indicated, the word “system”, as it appears in this Ordinance, means a subsurface sewage

treatment system.

SUITABLE LAND: That portion of a lot, tract, or parcel of land that is a minimum of two (2)

feet above the high water table.

SURFACE WATER MANAGEMENT PLAN AND STORMWATER DESIGN GUIDE: A

set of documents originally developed for the City of Bemidji dated January, 2008 by Bonestroo.

These documents are adopted as “Policy Guidelines” whenever this Ordinance requires

application of stormwater management techniques. This Ordinance adopts the following Goals

from the Surface Water Management Plan: Volume Management, Water Quality, Water

Quantity, Non degradation, Education and Communication, and Regulation; and adopts the

“Stormwater Design Guide” as a Policy Guideline to meet those goals.

SURFACE WATER-ORIENTED COMMERCIAL USE: The use of land for commercial

purposes, where access to and use of a surface water feature is an integral part of the normal

conductance of business. Marinas, resorts, and restaurants with transient docking facilities are

examples of such use.

TEMPORARY STRUCTURE: Any structure which has been erected or moved unto a lot in

order to be utilized for any purpose for a period not to exceed six (6) months. The six (6) month

period is cumulative and cannot be subsequently renewed after the expiration of the allotted

period. Any structure which is not a temporary structure is considered a permanent structure and

must comply with all provisions of this Ordinance. Temporary structures include, but are not

limited to the following:

1. Intermodal freight containers

2. Trailers

3. Storage units

THOROUGHFARE: A Street provided for heavy volumes of fast moving vehicles, having

considerable continuity, and used primarily as traffic arteries between large areas.

TINY HOUSE: A house that is typically 150 – 800 sq feet. A tiny house on wheels is

considered a recreational vehicle and a tiny house on a foundation is considered an accessory

dwelling unit (ADU).

GBAJPB Zoning Ordinance 52 April 8, 2015

TINY HOUSE SUBDIVISION: A subdivision of land which promotes the development of tiny

houses (150-800sf) as primary residential dwelling units.

TOP OF THE BLUFF: The higher point of a 50 foot segment with an average slope exceeding

18 percent.

TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof, including

supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting

an antenna, meteorological device, turbines, blades or similar apparatus above grade. Does not

include flag poles and bird houses.

TOWER, GUYED: A tower that is supported, in whole or in part, by wires and ground anchors.

TREE REMOVAL: Any excavating, grading, clearing, filling, or other earth change, or any

cutting, which may result in removal or killing more than ten per cent (10%) of the significant

tree caliper inches on any land within any period of five (5) years.

UNATTENDED VEGETATION: Overgrown or untrimmed shrubs, brush, or grasses;

diseased, dead, noxious, or poisonous vegetative growth; weeds; and any other improperly

maintained or inappropriate vegetation according to local and state laws.

VACATION RENTALS: A property with a dwelling unit or guest house intended for

permanent occupancy that is occupied by any person other than the primary owner for

commercial transient use; or is otherwise occupied or utilized on a commercial transient basis.

Vacation rentals do not include bed and breakfasts.

VARIANCE: Relief from certain provisions of this Ordinance, when due to the particular

physical surroundings, shape or topographical condition of the property, compliance would result

in a practical difficulty upon the property owner. A variance shall not be used to permit a use in

a district where it is not allowed under the terms of this Ordinance. Variances shall only be

granted in compliance with M.S. 462.

WARMING CENTER: A building operated for the purpose of temporarily sheltering of

homeless persons from exposure to potentially life-threatening temperatures for brief intervals

not to exceed sixteen (16) continuous hours and which is designed or licensed pursuant to state

and local laws, rules, regulations and ordinances, to provide overnight sleeping accommodations.

WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, above

ground building or other improvement, except stairways, fences, docks and retaining walls,

which, because of the relationship of its use to a surface water feature, reasonably needs to be

located closer to public waters than the normal structure setback. Examples of such structures

GBAJPB Zoning Ordinance 53 April 8, 2015

and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and

detached decks.

WATER SUPPLY PURPOSE: Any use of water for domestic, commercial, industrial or

agricultural use.

WATERCOURSE: A river or tributary identified by the Minnesota Department of Natural

Resources as public water, or any river or stream identified in this Ordinance.

WETLAND: Land transitional between terrestrial and aquatic systems where the water

table is usually at or near the surface or the land is covered by shallow water, according to

MN Laws Chapter 103G.005, Subd. 19., and any subsequent amendments. For purposes

of this definition, a wetland must have the following three attributes:

A. Have a predominance of hydric soils;

B. Is inundated or saturated by surface or ground water at a frequency and duration

sufficient to support a prevalence of hydrophytic vegetation typically adapted for

life in saturated soil conditions; and

C. Under normal circumstances support a prevalence of such vegetation.

WIND ENERGY CONVERSION SYSTEM (WECS): Any device such as a wind charger,

windmill or wind turbine, which converts wind energy to a form of usable energy for any

purpose.

A. Small Commercial = >40 KW – 4,999 KW

B. Small Non- Commercial = < 40 KW

YARD, FRONT: A yard extending along the full width of the front lot line between side lot

lines and extending from the abutting front street right of way line and/or ordinary high water

level to a depth required in the yard regulations for the district in which such lot is located.

YARD, REAR: A yard extending along the full width of the rear lot line between the side lot

lines and extending toward the front lot line for a depth as specified in the yard regulations for

the district in which such lot is located.

YARD, SIDE: A yard extending along the side lot line between the front and rear yards having

a width as specified in the yard regulations for the district in which such lot is located.

YARD, SIDE EXTERIOR: That portion of a corner lot that borders a public street but is not

defined by the address and for which no driveway access is provided.

GBAJPB Zoning Ordinance 54 April 8, 2015

ARTICLE II

ZONING DISTRICTS AND REGULATIONS

Section 201. Zoning Districts

The Greater Bemidji Area is hereby divided into the following zoning districts as shown below.

These zoning districts are created in order to promote the orderly development of land within the

Greater Bemidji Area, including the shoreland of its public waters.

Symbol District Name District Intent

C Conservation Provide areas of low intensity uses and

development in order to preserve wildlife

habitat & protect sensitive natural resources.

R-1 Rural Provide areas of low density

development and low intensity uses

to preserve a predominantly rural

residential character.

R-2 Suburban Residential Provide areas for low density

residential development, and other

compatible uses, at a density which

will not require the provision of

centralized sewer or water services.

R-3 Suburban Residential Provide areas for suburban

residential development, and other

compatible uses, at a density which

will encourage the provision of

centralized sewer or water services.

R-4 Moderate Density Residential Provide areas for residential

development, and other compatible

uses, at a moderate density served by

centralized sewer & water.

R-5 High Density Residential Provide areas for residential

development and compatible uses at

a density designed to promote

efficiency in the delivery of central

services.

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R-6 Multiple Family Provide areas for multiple family

residential development and

compatible uses in both an urban and

suburban setting.

MH Manufactured Home Park Provide areas for the placement of

manufactured homes in an approved

manufactured home park.

B-1 Low Density Commercial Provide areas for the placement of

commercial establishments,

including service, retail, and

wholesale providers, and uses

complimentary to such uses, in areas

where central services are not

available.

B-2 General Commercial Provide areas for the placement of

commercial establishments,

including service, retail, and

wholesale providers, and uses

complimentary to such uses, in areas

where central services are available.

LC Lake Oriented Commercial Promote and preserve a high quality

commercial area that provides an

attractive transition from the

southern entrance of the

community into the downtown.

LD Lake Oriented Development Provide areas for a mixture of

residential and commercial

development that take advantage

of the unique recreational

opportunities available within

lakeshore areas.

UR Urban Renaissance Provide areas for retail, recreational,

and governmental functions in a high

amenity setting, accessible by

automobile but conducive to

pedestrians and bicyclists.

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O/M Office/ Medical Provide areas for the placement of medical

and professional office uses and compatible

commercial uses.

U University Provide areas for secondary educational

institutions to develop in a manner designed

to accommodate their unique physical

development needs.

I-1 Industrial Park/Light Industrial Provide areas for wholesale activities,

warehouses, and industrial operations whose

external, physical effects are restricted to

areas within the district and in no manner

affect in a detrimental way any properties in

surrounding districts. The I-1 District is

intended to permit, along with any specified

uses, the manufacturing, compounding,

processing, packaging, assembly, and/or

treatment of finished or semi-finished

products from previously prepared

materials. These areas are intended to

encourage the development of industrial

uses which are clean, quiet, and free of

hazardous or objectionable elements such as

noise, odor, dust, smoke, glare, or other

pollutants. The uses permitted in this district

are generally required to be in an enclosed

structure and all premises are to be

developed in accordance with an approved

plan. It is further intended that the

processing of raw materials for shipment in

bulk form for use in an industrial operation

at another location not be permitted.

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I-2 General Industrial Provide areas for manufacturing, assembly,

and fabrication activities including large

scale or specialized industrial operations,

whose external physical effects will be felt

by some degree by surrounding properties.

The I-2 District is intended to permit, along

with any specified uses, the manufacturing,

compounding, processing, packaging,

assembly, and/or treatment of finished or

semi-finished products from both raw

materials or from previously prepared

materials. These areas are intended to

encourage the development of industrial

uses which are apt to have some impact on

properties located in close proximity.

Therefore, the uses in this district should be

separated from residential districts and other

low intensity districts by intervening light

industrial or commercial districts.

Section 202. Overlay Districts

A. Shoreland Overlay (SH): PLEASE SEE ARTICLE IX. – All information regarding

the Shoreland overlay district has been moved to Article IX.

B. Sensitive Area Overlay (SA): Allows the appropriate development of land consistent

with the intent of the underlying zoning district provided that adequate protection of

sensitive environmental areas is ensured.

1. Permitted Uses: All uses identified as permitted in the underlying zoning district

are permitted in the Sensitive Area Overlay District, provided that such use is in full

compliance with the performance standards prescribed in Section 1014 of this

Ordinance.

2. Interim Uses: All uses identified in the underlying zoning district as interim uses

will be considered as interim uses in the Sensitive Area Overlay District. The

proposed use must meet the minimum requirements prescribed in Section 1014 of

this Ordinance.

3. Conditional Uses: All conditional uses identified in the underlying zoning district

as conditional uses will be considered as conditional uses in the Sensitive Area

Overlay District. The proposed use must meet the minimum requirements

prescribed in Section 1014 of this Ordinance.

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C. Trunk Highway 197 Overlay (TH): Protects the character of development along the

Trunk Highway 197 corridor, and to protect the functionality of the highway.

1. Permitted Uses: All uses identified as permitted in the underlying zoning district

are permitted in the Trunk Highway 197 Overlay District, provided that such use

is in full compliance with the performance standards prescribed in Section 1015

of this Ordinance.

2. Interim Uses: All uses identified in the underlying zoning district as interim uses

will be considered as interim uses in the Trunk Highway 197 Overlay District,

provided that such use is in full compliance with the performance standards

prescribed in Section 1015 of this Ordinance.

3. Conditional Uses: All uses identified in the underlying zoning district as

conditional uses will be considered as conditional uses in the Trunk Highway 197

Overlay District, provided that such use is in full compliance with the

performance standards prescribed in Section 1015 of this Ordinance.

D. Airport Protection Overlay (AP): Protects the character of airport operations, airport

safety, and the development within the airport safety zones at the ends of the runways.

1. Permitted Uses: All uses identified as permitted in the underlying zoning district

will be considered in the Airport Protection Overlay district provided such use is

allowed by, and complies with the minimum standards required under Minnesota

Rules, part 8800.2400 applicable to the particular safety zone (Zone A, Zone B, or

Zone C) in which the land is located (reference Section 1016 of this Ordinance).

2. Interim Uses: All uses identified in the underlying zoning district as interim uses

will be considered as interim uses in the Airport Protection Overlay district

provided such use is allowed by, and complies with the minimum standards

required under Minnesota Rules, part 8800.2400 applicable to the particular safety

zone (Zone A, Zone B, or Zone C) in which the land is located (reference Section

1016 of this Ordinance).

3. Conditional Uses: All uses identified in the underlying zoning district as

conditional uses will be considered as conditional uses in the Airport Protection

Overlay district provided such use is allowed by, and complies with the minimum

standards required under Minnesota Rules, part 8800.2400 applicable to the

particular safety zone (Zone A, Zone B, or Zone C) in which the land is located

(reference Section 1016 of this Ordinance).

4. Airport Protection Overlay Map – See next page

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GBAJPB Zoning Ordinance April 8, 2015

E. Closed Landfill Overlay (CL): Protects against potential health and safety impacts of

methane gas and its migration around closed MPCA managed landfills.

1. Permitted Uses: All uses identified as permitted in the underlying zoning district

are permitted in the Closed Landfill Overlay District, provided that such use is in

full compliance with the performance standards prescribed in Section 1017 of this

Ordinance.

60. Interim Uses: All uses identified in the underlying zoning district as

interim uses will be considered as interim uses in the Closed Landfill

Overlay District, provided that such use is in full compliance with the

performance standards prescribed in Section 1017 of this Ordinance.

61. Conditional Uses: All uses identified in the underlying zoning district as

conditional uses will be considered as conditional uses in the Closed Landfill

Overlay District, provided that such use is in full compliance with the performance

standards prescribed in Section 1017 of this Ordinance.

F. University Overlay (UO): The Bemidji State University area surrounding residential and

commercial neighborhoods and the public streetscapes meant to encourage infill, mixed

use, and redevelopment. The campus will serve as the primary focal point of the district.

The main intent of the district is to preserve and promote the distinct character evident in

existing structures.

Section 203. Zoning Map – See next page

The official zoning map of the Greater Bemidji Area is located at the offices of the Joint

Planning Board. This map is hereby adopted by reference. A copy of this map is included in this

Ordinance. Copies are also available at the Bemidji Town Hall, Bemidji City Hall and Northern

Town Hall.

GBAJPB Zoning Ordinance April 8, 2015

Section 204. Interpretation of Zoning Map

Regardless of the existence of purported copies of the Official Zoning Map which may from time

to time be made or published, the official Zoning Map, which shall be located in the office of the

Joint Planning Board, shall be the final authority as the current zoning status of land within the

Greater Bemidji Area.

A. District Boundaries: The location and boundaries of the districts established by this

Ordinance are set forth on the official Zoning Map. District boundary lines as indicated

on the Zoning Map follow lot lines, property lines, rights-of-way or center lines of

streets or alleys, rights-of-way or center lines of streets or alleys projected, the

corporate city limit lines, and shorelines, all as they exist upon the effective date of this

Ordinance. If said boundary lines do not follow any of the above, the district boundary

lines are established as drawn on the Zoning Map. If a lot or parcel held in single

ownership on the date of adoption of this Ordinance is divided by a district boundary

line, the entire lot shall be construed to be within the more restrictive district.

B. Vacated Ways: Whenever any street, alley or other public way is vacated in the

manner authorized by law, the zoning district adjoining each side of such street, alley or

public way shall be automatically extended to the center of such vacation and all

included in the vacation shall then and henceforth be subject to all regulations of the

extended districts.

C. Appeals: Appeals concerning the exact location of a zoning district boundary line shall

be heard by the Board of Adjustment.

GBAJPB Zoning Ordinance April 8, 2015

ARTICLE III

DISTRICT REGULATIONS

Section 301. Allowed, Permitted, Conditional, and Interim Uses

Permitted, conditional, and interim uses are enumerated by each zoning district according to the

Land Use Regulation Matrix. Permitted, conditional, and interim uses shall meet the required

criteria of both the zoning district and any overlay district. In cases where two standards exist,

the stricter standard shall apply.

Building and/or Land Use Permits are required unless specifically exempted or allowed without

a permit. There shall be erected or placed no more than one principal use or structure on any lot

in a C, R-1, R-2, R-3, R-4, or R-5 District. In all other districts a second principal use or

structure may be approved via conditional or interim use permit.

Whenever an application proposes a use not identified by this Ordinance as either a permitted,

conditional or interim use, the Planning Administrator, after reviewing the Comprehensive plan

and in consultation with the Planning Commission, either formal or informal, shall issue a

statement of clarification, finding that the use is either substantially similar in character and

impact to a use identified as either allowed, permitted, conditional or interim within the

particular district, or that the use is not sufficiently similar to another use listed within the

district. Such statement of clarification shall include the findings that led to such conclusion, and

shall be filed in the official repository of the Joint Planning Board.

If the proposed use is not sufficiently similar to a use regulated as either a permitted, interim, or

conditional use in the specific district, the use shall be prohibited. If an enumerated use in the

Land Use Regulation Matrix is not specifically identified as allowed, permitted, conditional, or

interim; then such use shall be deemed prohibited in the corresponding zoning district.

GBAJPB Zoning Ordinance April 8, 2015

Section 302.

GREATER BEMIDJI AREA

LAND USE REGULATION MATRIX

P = Permitted Use

C = Conditional Use

I = Interim Use

If a Conditional Use Permit is required and the

use will be located in a leased space, the

Interim Use Permit may be required.

A = Allowed Without Permit

*A blank means the use is prohibited and may

not occur within the district

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Accessory Uses & Structures

P P P P P P P P P P P P P P P P P

Accessory Dwelling Units

P P P P

Adult Entertainment

Agriculture

A A A A A A

Agricultural Buildings

P P P

Agricultural Implement Dlr.

I I I P P

Agricultural Mill & Elevator

C C C P

Ambulance Service

P P P P P

Agriculture Produce and Livestock

sales (land owner property)

Amusement Park

I I I

Animal, Domestic Farm 3ac.+

A A A A A A A

Animal, Domestic Farm <3ac.

P P P P P P P

Animal, Non-Domestic, Ex, Gm.

I I I I I I I

Animal Hospital

P C C P

Animal Kennel / Breeding

I I P

Animal Grooming / Sitting /

Boarding/ Pet Hotel

I I I I I I I

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Mixed Use Multi Family

Residential & Commercial

C C C C P C C

Appliance Sales

P P P P P P P

Armory

C C C C P

Art Galleries & Museums

C P P P P C P

Asphalt & Concrete Plant

I I I

Athletic Complex

C C C C C C C C C C C C C C C C

Auditorium

P P C C C P

Auto Body Shop

C C P P

Auto Parts New

P P P P P P

Auto Pts Used, Salvage &

Reclamation

I I I

Auto Rental Agency

I I P

Auto Repair

P P P P

Auto Sales Dealership

I I

Automotive Tow/Impound

I I I P

Bank & Financial Institution

P P P P P

Barber & Beauty Salon

P P P P P P I

Bed & Breakfast / Vacation Rental

I I I I I I I I

Boat Sales & Service

I I I P

Bowling Alley

P P P P

Building Material Storage Yd.

P I P P

Campgrounds

I I I

Car Wash

P P P P P

Cemetery

C C C C

Counseling

I I I I I

Chemical Storage (commercial)

C C

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Crematorium

C C

Day Care, Group Home Occ,

14/less

P P P P P P P

Day Care, Lic. Commercial

I I I I I I I P I I I P I I

Day Care, Licensed Home Occ,

12/less

P P P P P P P

Dependent Care Facility

I I I I I I I I I I

Dormitory, Residential

C C C C

Event & Convention Center

C C C

Equipment

(farm) sale,

repair, service

Exotic Animals

I I

Farm Feed / Supplies (commercial)

I I I

Farm Housing, Temporary

Fence

A A A A A A A A A A A A A A A A A

Fire Station

C C C C C C C C C C C C C C C C

Florist Shop

P P P P P P P

Forestry, Land Conversion

C C C C C C C

Forestry, Land Management

P P P P P P P P P P P P P P P P P

Foster Care, 16 or fewer

I I I I I I I

Foster Care, 6 or fewer

P P P P P P P P P

Foundry

C C

Fraternal & Service Club

P P P P P

Fraternity & Sorority

C C C P

Fuel Storage & Distribution

C C C

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Garden Center & Nursery

I I C C C P

Gasoline & Convenience

P P C C C

Mining, Sand, Gravel & Peat

I I I I

Market (flea/food – other)

C C C P P

Grocery Store

P P P P P

Group Home, 6 or fewer res.

I I I I I I I I I

Group Home, 7+ residents

I I I I

Health Club or Spa

I I P P P P P I

Heavy Equipment Repair

I I P

Home Occupation, Type 1

A A A A A A A

Home Occupation, Type 2

P P P P P P P

Home Occupation, Type 3

I I I I I I I

Hospital

C C C C

Hotel & Motel

C C C C C C C

Horticultural Uses

Incinerator

C C

Industrial, Heavy Mfg.

Industrial, Light Mfg.

P P

Landfill, Construction Waste

C C

Landfill, Non-Hazardous W.

Landfill, Solid Waste

C C

Laundry Plant

C C P P

Laundry & Dry Cleaners

P P P P P P

Law Enforcement Center

C C C C

Library

C C C C C P

Liquor Store

P P P P P I

Lumber Yard

C C C P

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Machine Shop

C P P

Manure Storage

A A

Marina

C C C

Medical Clinic

P P C P P P P

Medical Cannabis (dispensary)

I I I I P P

Medical Cannabis (manufacturing)

I I I I

Medical Lab & Manufacture

P P P

Metal Fabrication & Assembly

P P

Monument Works

C P

Mortuary & Funeral Home

C C C

Newspaper / Printing Office

P P P P P P P P P

Nursing Home

C P P

Office

P P P P P P P P P

Office, Business

P P P P P p

Office, Professional

I I I I P P P P P P P P P

Outdoor Recreation Facility

(Commercial )

Outdoor Storage (farm equipment)

Outdoor Storage (animal feed,

bedding and maintenance

products)

A A

Open Sales Lot

P P

Open Sales Lot, Major

I I I

Paper Mill

Parks & Athletic Fields

C C C C C C C C C C C C C C C C

Parking Garage, Public

C C C C C

Passive Recreation Facilities

P P P P P P P P P P P P P P P P

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

Pharmacy

P P P P P P P

Public Building

C C C C C C C P P P P P C P P P

Public Utility Building (major)

C C C C C C C C C C C C C C C C C

Public Utility, Building (minor)

P P P P P P P P P P P P P P P P P

PUD, Commercial

C C C C C C

PUD, Mixed Use

C C C C C C C C C C

PUD, Residential

C C C C C C C C C C

Recreational Facility, Indoor

C C C C C C C P P P P P P C

Refuse, Services Facility

C C C P

Refuse, Transfer Station

C C P

Religious Institution

C C C C C C C C C C C C C C

Research, Design & Testing

P P P

Residential, Accessory Caretaker

(as incidental use for security)

P P P P P P P P P P P P

Residential, Single Family

P P P P P P

Residential, Duplex / Twin Homes

/ Triplex / Quad

P P

Residential, Multiple Family

P C C

Residential Facility, 16&less

Residential Facility, 6 & less

P P P P P P P

Restaurant, No Liquor Service

P P P P P P

Restaurant & Lounge

C C C C P C

Retail (General)

P P P P P I

Retail (Food Distribution)

P P P P

Riding Stables

Sales Office, Temporary

P P P P P P P

Sand/Gravel Storage

I I I

GBAJPB Zoning Ordinance April 8, 2015

Land Use

C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2

School (Charter)

I I I I I I I I I I I I I I I

School

C C C C C C C C C C C P C

Shooting Range, Indoor

I I I P P

Shooting Range, Outdoor

I I

Signs, Business Identification

P P P P P P P P P P P P P P P P P

Solar Collector Systems

(commercial)

C P P

Solar Collector Systems (personal)

A A A A A A A A A A A A A A A A

Theater, Movie or Performing Arts

P P C P P P

Tiny House Subdivision

C C C C C

Tower <75 feet

P P P P P P P P P P P P P P P P

Tower >75 feet

I I I I I I I I I I I I I I I I

Trade Shop

C C P P

Transitional Housing

I I I I I I I I I

Transportation Facility

C C P P P

University Building

C C C C C C C C C C C C C P C C

Vehicle Manufacture

Veterinary, Large Animal

C C P P

Veterinary, Small Animal

C P P I P

Warehouse Storage (Mini)

C C P P

Warehouse and Distribution

C P P

Homeless Facility

I I I I I I I I I

WECS, Sm Commercial

I I I I I

WECS, Sm, Non-Comm<75 ft

P P P P P P P P P

WECS, Sm, Non-Comm>75 ft

I I I

I I

GBAJPB Zoning Ordinance April 8, 2015

ARTICLE IV

LOT SIZE AND BULK REGULATIONS

Section 401. Minimum Lot Size Requirements and Bulk Requirements

The following requirements shall apply to all lots existing at the time of the adoption of this

Ordinance. No new lot shall be created that does not meet the minimum dimensional standards

of the encompassing zoning district. Except in the case of a planned unit development, each lot

shall have access directly onto an abutting public street. PUD developments are designed with

flexibility in mind.

An exception to this access requirement may be allowed where the parcel without direct street

access, and the adjacent parcel which affords access, both contain a minimum of two (2) acres

and a minimum lot width of two hundred (200’) feet. In such cases, a permanent minimum

thirty-three (33’) foot wide private access easement shall be recorded against the adjacent parcel

in favor of the restricted access parcel; which shall not be included in the calculation of the

minimum lot width requirement (must be over and above minimum).

A. Private Roads and Driveways

The Joint Planning Board and applicable Road Authorities do not assume any

responsibility for private roads or private easements providing ingress and egress to

parcels of land. The responsibility for maintenance of such private road(s) falls solely

upon the property owners utilizing the private road, including the responsibility to

ensure that private roads are properly maintained to ensure adequate service by

emergency vehicles. No public funding is or will be available to improve or maintain

any private roads. Any road must be developed in accordance with the standards of the

local road authority to be eligible for road maintenance. It is recommended that

landowners using private roads enter into private road maintenance agreements with

other road users to formally address maintenance and the allocation of corresponding

expenses.

Any division creating a new parcel to be accessed by a private road shall contain the

following statement on the Certificate of Survey creating the parcel(s) approved for

recording:

“The improvement and maintenance of any private access driveway or road constructed

within the easement for ingress and egress conveyed herein shall be the sole

responsibility of the property owner or owners benefiting from the use thereof, and is

not the responsibility of the public or any public road authority.”

B. General Development Requirements

Whenever a standard specified within a particular zoning district and that within an

overlay district conflict, the stricter standard shall prevail (for Shoreland Overlay

Standards, please reference Article IX). All setbacks shall be measured to the furthest

GBAJPB Zoning Ordinance April 8, 2015

protruding/leading edge (eaves) unless otherwise noted in this article. Minimum lot

sizes as prescribed shall be exclusive of roadway and major utility easements.

Notwithstanding the height regulations prescribed within each of the following

subsections, and excepting the building height limitation in commercial planned unit

developments prescribed in Section 1103B, no structures in residentially zoned

shoreland areas, nor non-service oriented uses or structures of a residential character in

non-residentially zoned shoreland areas, with the exception of religious institutions and

agricultural structures, shall exceed thirty (30) feet in height. In all other shoreland

areas the height of buildings shall be regulated by the standards prescribed in the

following Sections.

In any zoning district allowing more than one structure per lot there shall be a minimum

distance of ten (10) feet between structures, except where building code inspections are

required. In such instances, the minimum distance between principal and/or accessory

structures may be reduced in accordance with the requirements of the building code

authority.

In any zoning district in which the building of a structure is proposed to be placed

within the distance of three (3) feet of the required lot line setback, the applicant shall

be required to verify the property line boundary, either through identifying the location

of property line pins in order for the JPB staff to confirm the proposed location is in

compliance with the setback requirement, or by submitting a certificate of survey in

which clearly delineates the distance of the proposed structure from the property line

boundaries.

C. Standards for Single and Two Family Principle Dwellings

The following standards shall apply to all single and two family dwelling units, unless

specifically exempted:

1. All single and two family principle dwellings shall have a minimum livable floor

area of eight hundred (800) square feet per unit.

2. All single and two family dwellings shall be attached to a continuous load bearing

permanent perimeter foundation that meets the requirements of the State Building

Code (skirting is not an allowable substitute), except mobile homes in a mobile

home park.

3. All single and two family principle dwellings, except mobile homes in a mobile

home park, shall have a minimum width of twenty (20) feet.

4. Not more than one principle residential structure shall be located on a platted lot, or

parcel of record, except as may be permitted by Article XI of this Ordinance

relating to planned unit developments or Common Interest Communities consistent

GBAJPB Zoning Ordinance April 8, 2015

with the requirements of Minnesota Statute 515B. The addition of any new tax

parcels through either the platting or CIC process shall be subject to the

requirements of parkland dedication according to the provisions of this Ordinance.

5. A two family dwelling (duplex) may be divided into individual lots of record with

the party wall acting as the dividing lot line subject to the following conditions:

a. The property must be zoned either R-5 or R-6, and shall be served by

centralized sewer services.

b. To protect the safety and property of the owner and occupants of each unit, no

two family dwelling may be split until the common party wall fire rating is

brought up to adopted Building Code standards.

c. Separate sewer and water services, and to the extent feasible, separate gas,

electric, telephone, and other utilities shall be provided to each dwelling unit.

d. The two-family units must be constructed in a side-by-side manner.

e. Where the subdivision of an existing or proposed two-family dwelling is

requested, the lot size for each individual unit shall not be less than 4,000 square

feet in area or such greater minimum required by Shoreland or other overlay.

f. If the property has not been surveyed, a certificate of survey shall be submitted

showing the newly created lot line and the legal description of each lot.

g. A request for the division of a two-family dwelling shall be approved

administratively by the Planning Administrator assuming all conditions are

satisfied.

6. Apartments meeting the state building codes with a minimum dwelling space of 300

square feet for studio apartments and 450 square feet for 1 bedroom apartments.

Section 402. Lot Size and Bulk Regulations by Zoning District

A. Conservation Area (C)

1. Lot Size:

a. Minimum lot area: 5 acres

b. Minimum lot width: 330 feet

c. Minimum lot depth: 200 feet

GBAJPB Zoning Ordinance April 8, 2015

2. Setbacks:

a. Front yard 50 feet

b. Side yard, principal structure 15 feet

c. Side and rear yard, accessory structures 15 feet

d. Rear yard 30 feet

e. Riparian lots 10 feet reduction in rear yard setback*

* Local city or township roads only

3. Height of Structures 35 feet

B. Rural Area (R-1)

1. Lot Size:

a. Minimum lot area: 5 acres

b. Minimum lot width: 300 feet

c. Minimum lot depth: 200 feet

2. Setbacks:

a. Front yard 50 feet

b. Side yard, principal structure 15 feet

c. Side and rear yard, accessory structures 15 feet

d. Rear yard 30 feet

e. Corner lot, exterior side yard 20 feet

f. Riparian lots 10 feet reduction in rear yard setback*

* Local city or township roads only

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 25%

C. Suburban Residential - (R-2)

1. Lot Size:

a. Minimum lot area: 2 acres

b. Minimum lot width: 200 feet

c. Minimum lot depth: 200 feet

2. Setbacks:

a. Front yard 50 feet

b. Side yard, principal structure 15 feet

c. Side and rear yard, accessory structures 15 feet

d. Rear yard 30 feet

e. Corner lot, exterior side yard 20 feet

f. Riparian lots 10 feet reduction in rear yard setback*

* Local city or township roads only

GBAJPB Zoning Ordinance April 8, 2015

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 25%

D. Suburban Residential - (R-3)

Lots in the suburban residential – sewered district may be developed without central

sewer. Unsewered lots within this district shall comply with the specific standards

prescribed in this Section

1. Lot Size: Unsewered Lots Sewered Lots

a. Minimum lot area: 45,000 square feet 15,000 square feet*

b. Minimum lot width: 150feet 100 feet

c. Minimum lot depth: 200 feet 100 feet

* Except for all parcels subject to Mississippi Headwaters Board ordinance

standards which shall require 30,000s.f.

2. Setbacks: Sewered and Unsewered

a. Front yard 30 feet

b. Side yard, principal structures 7.5 feet*

c. Side and rear yard, accessory structures 7.5 feet*

d. Rear yard, principal structure 30 feet

e. Corner Lot, exterior side yard 20 feet

f. Alley 20 feet, except as may

be permitted**

g. Riparian lots 10 feet reduction in rear yard setback***

*Not applicable in shoreland

** When an alley exists, the accessory structure setback may be reduced to 5

feet with a side loaded garage.

*** Local city or township roads only

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 30%

E. Moderate Density Residential (R-4)

1. Lot Size:

a. Minimum lot area: 6,000 square feet

b. Minimum lot width: 60 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 7.5 feet*

c. Side and rear yard, accessory structures 5 feet

d. Rear yard 25% of lot depth up to 25 feet

GBAJPB Zoning Ordinance April 8, 2015

e. Corner Lot, exterior side yard 20 feet**

f. Alley 20 feet, except as may be

permitted***

g. Riparian lots 10 feet reduction in rear yard setback

* Reference Section 601 Accessory Uses & Structures for specific standards.

** Minimum 30 feet where driveway access exists or is proposed.

***When an alley exists, the accessory structure setback may be reduced to 5 feet

with a side loaded garage.

**** Local city or township roads only

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 40%,or 60% for permitted

Non-residential uses with an

approved CUP

F. High Density Residential (R-5)

1. Lot Size:

a. Minimum lot area: 5,000 square feet, first

dwelling unit plus an

additional 2,000s.f. per

additional dwelling unit.

b. Minimum lot width: 60 feet, per dwelling unit plus

an additional 30 feet per

additional dwelling unit.

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 7.5 feet, plus an additional 5

feet per dwelling unit

c. Side and rear yard, accessory structures 5 feet*

d. Rear yard, principal structure 25% of lot depth up to 25 feet

e. Corner Lot, exterior side yard 20 feet**

f. Alley 20 feet, except as may be

permitted***

g. Riparian lots 10 feet reduction in rear yard setback****

* Reference Section 601 Accessory Uses & Structures for specific standards.

** Minimum 30 feet where driveway access exists or is proposed.

***When an alley exists, the accessory structure setback may be reduced to 5

feet with a side loaded garage.

**** Local city or township roads only

GBAJPB Zoning Ordinance April 8, 2015

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 40%, or 60% for permitted

non-residential uses with an

approved CUP

G. Multiple Family (R-6)

1. Lot Size: Unsewered Lots Sewered Lots

a. Minimum lot area: 2 acres 18,000 square feet per

lot, or 2,000 square feet

per dwelling unit, whichever

is greater.

b. Minimum lot width: 200 feet 60 feet

c. Minimum lot depth: 150 feet 100 feet

2. Setbacks:

a. Front yard 50 feet 30 feet

b. Side yard, principal 15 feet 7.5 feet plus one additional

structures foot for each foot of

building height greater than

forty (40) feet

c. Side and rear yard, 15 feet 5 feet

accessory structures

d. Rear yard 30 feet 30 feet

e. Corner Lot, exterior 30 feet 20 feet

side yard

f. Alley 20 feet, except as may be

permitted*

g. Riparian lots 10 feet reduction in rear yard

setback**

*When an alley exists, the accessory structure setback may be reduced to 5 feet

with a side loaded garage.

** Local city or township roads only

3. Height of Structures 35 feet 50 feet

4. Maximum Impervious 25% 70%

Surface Coverage

H. Manufactured Housing Park (MH)

In unsewered areas manufactured housing parks may be developed in districts where

they are identified as permitted or conditional uses, and are prohibited in all other

districts. In sewered areas manufactured housing parks are allowed only as designated

GBAJPB Zoning Ordinance April 8, 2015

on the zoning map. The following standards apply to manufactured housing parks in

sewered areas.

1. Lot Size:

a. Minimum lot area: 2 acres for Park and 5,000

square feet per mobile home

space, excluding streets and

rights-of-way

b. Minimum lot width: 40 feet per space generally,

45 feet for corner spaces

c. Minimum lot depth: 100 feet per space

2. Setbacks:

a. Front yard Greater of 30 feet from lot

line or 55 feet from centerline

b. Side yard, principal structures 7.5 feet

c. Side and rear yard, accessory structures 7.5 feet

d. Rear yard 10 feet

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 40%

I. Low Density Commercial (B-1)*

1. Lot Size:

a. Minimum lot area: 2 acres

b. Minimum lot width: 150 feet

c. Minimum lot depth: 200 feet

2. Setbacks:

a. Front yard 50 feet

b. Side yard, principal structures 15 feet

c. Side yard, accessory structures 15 feet

d. Rear yard 30 feet

3. Height of Structures,

35 feet, 65 feet for

towers and flagpoles.

4. Maximum Impervious Surface Coverage 60%

Developments with municipal water and sewer utility services may be permitted in

accordance with the standards of Section 402(J) of this Ordinance.

GBAJPB Zoning Ordinance April 8, 2015

J. General Commercial (B-2)

1. Lot Size:

a. Minimum lot area: 7,500 square feet

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 10 feet

c. Side and rear yard, accessory structures 10 feet

d. Rear yard 20 feet

3. Height of Structures 50 feet

4. Maximum Impervious Surface Coverage 80%

K. Lake Oriented Commercial (LC)

1. Lot Size:

a. Minimum lot area: 7,500 square feet

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 15 feet

c. Side and rear yard, accessory structures 10 feet

d. Rear yard 30 feet

3. Height of Structures 35 feet

4. Maximum Impervious Surface Coverage 70%

L. Lake Oriented Development (LD)

1. Lot Size:

a. Minimum lot area: 7,500 square feet

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 15 feet

c. Side and rear yard, accessory structures 10 feet

d. Rear yard 30 feet

GBAJPB Zoning Ordinance April 8, 2015

3. Height of Structures 35 feet – Residential*

45 feet – Commercial &

Mixed Use*

* Height eligible for increase with PUD in accordance with Article XI of this

Ordinance.

4. Maximum Impervious Surface Coverage 60% (w/flexibility)

M. Urban Renaissance Area (UR)

1. Lot Size:

a. Minimum lot area: None

b. Minimum lot width: 25 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard None

b. Side yard, principal structures 10 feet if abutting res. district

c. Side and rear yard, accessory structures 10 feet if abutting res. district

d. Rear yard 10 feet if abutting res. district

3. Height of Structures None

4. Maximum Impervious Surface Coverage 100%

N. Office/ Medical (OM)

1. Lot Size:

a. Minimum lot area: 20,000 square feet

b. Minimum lot width: 100 feet

c. Minimum lot depth: 125 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 20 feet

c. Side yard, accessory structures 20 feet

d. Rear yard 25 feet

3. Height of Structures 75 feet

4. Maximum Impervious Surface Coverage 50%

O. University (U)

1. Lot Size:

a. Minimum lot area: None

b. Minimum lot width: None

a. Minimum lot depth: None

GBAJPB Zoning Ordinance April 8, 2015

2. Setbacks:

a. Front yard 40 feet plus one foot for each

two feet of building height

over forty feet

b. Side yard, principal structures 40 feet

c. Side and rear yard, accessory structures 40 feet

d. Rear yard 40 feet

3. Height of Structures 50 feet

4. Maximum Impervious Surface Coverage 30%

P. Light Industrial (I-1)

1. Lot Size:

a. Minimum lot area: 20,000 sq. ft.

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 20 feet

c. Side and rear yard, accessory structures 10 feet

d. Rear yard 20 feet

3. Height of Structures None

4. Maximum Impervious Surface Coverage 80%

Q. General Industrial (I-2)

1. Lot Size

a. Minimum lot area: 20,000 square feet

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 20 feet

c. Side yard, accessory structures 10 feet

d. Rear yard 20 feet

3. Height of Structures None

4. Maximum Impervious Surface Coverage 75%

GBAJPB Zoning Ordinance April 8, 2015

R. Sensitive Area Overlay (SA)

The following standards apply to lots located within the Sensitive Area Overlay

District. Whenever these standards conflict with the requirements of the underlying

zoning district, or another overlay district, the stricter standards shall apply.

1. Lot Size:

a. Minimum lot area: 5 acres

b. Minimum lot width: 200 feet

c. Minimum lot depth: 200 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 10 feet

c. Side and rear yard, accessory structures 5 feet

d. Rear yard 25 feet

3. Height of Structures 45 feet

S. Trunk Highway 197 Overlay (TH)

The following standards apply to lots located within the Trunk Highway 197 Overlay

District. Whenever these standards conflict with the requirements of the underlying

zoning district, or another overlay district, the stricter standards shall apply.

1. Lot Size:

a. Minimum lot area: 7,500 square feet

b. Minimum lot width: 75 feet

c. Minimum lot depth: 100 feet

2. Setbacks:

a. Front yard 30 feet

b. Side yard, principal structures 10 feet

c. Side and rear yard, accessory structures 10 feet

d. Rear yard 20 feet

3. Height of Structures 50 feet

4. Maximum Impervious Surface Coverage 70%

T. Airport Protection Overlay

The standards and requirements of the underlying zoning district shall apply, except

that height restriction, setback from runway centerline, and configuration of lighting

placement shall be subject to the standards contained in MN Rules, part 8800.2400 and

the approved site plan. Some of the standards contained in the rule include, but are not

limited to, the following:

GBAJPB Zoning Ordinance April 8, 2015

1. Primary Zone A shall contain no buildings, temporary structures, exposed

transmission lines, or other similar land use structural hazards, and shall be restricted to

those uses which will not create, attract, or bring together an assembly of persons

thereon. Permitted uses may include, but are not limited to, such uses as agriculture

(seasonal crops), horticulture, raising of livestock, animal husbandry, wildlife habitat,

light outdoor recreation (non-spectator), cemeteries, and auto parking. All that land

which lies directly under an imaginary primary surface longitudinally centered on a

runway and: Extending 200 feet beyond each end of Runway. The width of the primary

surface is: 1000 feet for Runway

2. Horizontal Zone B shall be restricted in use as follows. Each use shall be on a site

whose area shall not be less than three acres. Each use shall not create, attract, or bring

together a site population that would exceed 15 times that of the site acreage. Each site

shall have no more than one building plot upon which any number of structures may be

erected. The following uses are specifically prohibited in zone B: churches,

hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, camp

grounds, and other places of public or semipublic assembly. All that land which

lies directly under an imaginary horizontal surface 150 feet above the established

airport elevation, the perimeter of which is constructed by swinging arcs of specified

radii from the center of each end of the primary surface of each runway and connecting

the adjacent arcs by lines tangent to those arcs. The radius of each arc is: 10,000 feet for

Runway

3. Conical Zone C is subject only to the general restrictions contained in item A.

No use shall be made of any land in any of the safety zones which creates or

causes interference with the operation of radio or electronic facilities on the

airport or with radio or electronic communications between the airport and

aircraft, makes it difficult for pilots to distinguish between airport lights and

other lights, results in glare in the eyes of pilots using the airport, impairs

visibility in the vicinity of the airport, or otherwise endangers the landing, taking

off, or maneuvering of aircraft.

4. Approach Zone: All that land which lies directly under an imaginary approach

surface longitudinally centered on the extended centerline at each end of a runway. The

inner edge of the approach surface is at the same width and elevation as, and coincides

with, the end of the primary surface. The approach surface inclines upward and outward

at a slope of:

50:1 for Runway 25

The approach surface expands uniformly to a width of:

1,000 feet for Runway at a distance of 16,000 feet, then continues at the same rate of

divergence for an additional 40,000 feet to the periphery of the conical surface.

GBAJPB Zoning Ordinance April 8, 2015

20:1 for Runway 7

1,000 feet for Runway at a distance of 1500 feet, then continues at the same rate of

divergence for an additional 5000 feet to the periphery of the conical surface.

LAND USE SAFETY ZONING

SAFETY ZONE BOUNDARIES: In order to carry out the purpose of this Ordinance, as set forth

above, to restrict those uses which may be hazardous to the operational safety of aircraft

operating to and from the Bemidji Airport, and, furthermore, to limit population and building

density in the runway approach areas, thereby creating sufficient open space to protect life and

property in case of an accident, there are hereby created and established the following land use

safety zones:

Runway: 13/31

Surface: Paved

Existing Length: 7002

Planned Length: 7002

Category: Other Than Utility - Precision Instrument

1. SAFETY ZONE A:

All land in that portion of the approach zones of a runway, as defined hereof, which

extends outward from the end of the primary surface a distance equal to two-thirds of

the planned length of the runway, which distance shall be: Runway 13 Length = 1700

to 4668 feet

• Runway 31 Length = 2500 to 4177 feet

2. SAFETY ZONE B:

All land in that portion of the approach zones of a runway, as defined hereof, which

extends outward from Safety Zone A a distance equal to one-third of the planned

length of the runway, which distance shall be:

• Runway 13 Length = 2334 to 5302feet

• Runway 31 Length = 2825 to 4177feet

3. SAFETY ZONE C:

All land which is enclosed within the perimeter of the horizontal zone, as defined in

hereof, and which is not included in Safety Zone A or Safety Zone B and equals the

Horizontal Zone

Runway: 7/25

Surface: Paved

Existing Length: 5700

Planned Length: 5700

Category: Other Than Utility - Precision Instrument

GBAJPB Zoning Ordinance April 8, 2015

1. SAFETY ZONE A:

All land in that portion of the approach zones of a runway, as defined hereof, which

extends outward from the end of the primary surface a distance equal to two-thirds of

the planned length of the runway, which distance shall be:

• Runway 13 Length = 1700 to 3800 feet

• Runway 31 Length = 1700 to 3600 feet

2. SAFETY ZONE B:

All land in that portion of the approach zones of a runway, as defined hereof, which

extends outward from Safety Zone A a distance equal to one-third of the planned

length of the runway, which distance shall be:

• Runway 13 Length = 1900 to 5302 feet

• Runway 31 Length = 2100 to 4000 feet

3. SAFETY ZONE C:

All land which is enclosed within the perimeter of the horizontal zone, as defined in

hereof, and which is not included in Safety Zone A or Safety Zone B and equals the

Horizontal Zone

GBAJPB Zoning Ordinance April 8, 2015

ARTICLE V

NONCONFORMITIES AND SUBSTANDARD LOTS OF RECORD

The purpose of this Article is to provide for the regulation of nonconforming buildings,

structures and uses and to specify those requirements, circumstances and conditions under which

nonconforming buildings, structures and uses will be operated and maintained. It is the intent of

this Ordinance that nonconforming uses shall be encouraged to eventually be brought into

conformity. Legally established nonconformities existing as of the date of this Ordinance, or as

of the date of an amendment which resulted in the nonconformity, are allowed to be continued,

but they will be restricted as to any expansion, additions, or intensification of use.

Section 501. Nonconforming Uses and Structures

Any use or structure lawfully existing upon the effective date of this Ordinance that is not

located in the Shoreland Overlay District may be continued at the size and in the manner of

operation existing upon such date, subject to the following conditions:

A. Except as expressly allowed in (501.B) of this Ordinance, a nonconforming use of land

or nonconforming structure shall in no way be expanded, enlarged or extended either

on the same property or onto an adjoining lot of record if it will increase the area of

nonconformity or create another non-conformity on the parcel.

Prohibited expansion, enlargement or extension shall include anything that increases

the intensity of the use, including, but not limited to, a change to a more intense

nonconforming use or a physical expansion of the existing use that increases the height,

volume and/or area dimensions of the non-conforming use.

B. Nonconforming principal and accessory structures may be expanded or enlarged upon

if the following apply:

− The use of the property conforms to zoning district regulations,

− That all parts of the new expansion or enlargement meets current zoning district

regulations,

− The individual sewage treatment system, where existing, is in full compliance

with this Ordinance and all applicable statutes and rules are complied with, and

− No other nonconformities are created.

Such expansion or enlargement of a non-conforming principal or accessory structure

may be approved by administrative site plan approval in conjunction with a building or

land use permit application provided the area of the new improvements does not add to

the existing nonconformity nor does it create another nonconformity.

All additions or alterations which expand or enlarge the total existing structure area on

the parcel which cannot meet all other current zoning district regulations may only be

authorized by a variance in accordance with Article XII of this Ordinance.

GBAJPB Zoning Ordinance April 8, 2015

C. Routine maintenance of a structure containing or relating to a lawful nonconforming

use is permitted, including any necessary nonstructural repairs and incidental alterations

which do not extend or intensify the nonconforming use. Nothing in this section will

prevent the placing of a structure into a safe condition after it has been declared unsafe

by a Certified Building Official.

D. Alterations may be made to a building containing nonconforming residential units when

the alterations will improve the livability of such units, provided that such alterations

do not increase the number of dwelling units in the building. Such alterations must be

approved by the Planning Administrator.

E. Whenever a nonconforming structure or use is damaged by fire, collapse, flood,

explosion, earthquake, war, riot, act of God or public enemy or to the extent of 50

percent or less of its estimated market value as indicated in the records of the county

assessor at the time of damage, it may be reconstructed. The nonconforming structure

or use shall not be permitted to be reconstructed if the damage is greater than 50

percent of its estimated market value as indicated in the records of the county assessor

at the time of damage and no building permit has been applied for within 180 days of

when the property was damaged.

F. When any lawful non-conforming use of any structure or land is replaced by another

use or new structure of different size, the new use or structure must conform to the

provisions of this Ordinance and it shall not thereafter be changed to any non-

conforming use or structure.

G. If the nonconforming use of land is discontinued for a period of twelve (12) months, the

subsequent use of the land or the structure shall be in conformity with the provisions of

this Ordinance.

H. Nonconforming uses or structures which are declared by the Joint Planning Board to be

public nuisances shall not be allowed to continue as legal nonconforming uses or

structures.

I. If a nonconforming use is determined to be uninhabitable the Joint Planning Board may

ask the property owner to demo the structure. If the structure’s location and size are

surveyed the owner can maintain the nonconforming location of a structure. Examples

include setbacks and height of a structure.

J. No repair, replacement, maintenance, improvement or expansion of a nonconforming

use or structure in a floodplain area shall be allowed if such activity would jeopardize

the property’s continued eligibility in the National Flood Insurance Program, would

increase flood damage potential, or would increase the degree of obstruction to flood

flows in the floodway.

GBAJPB Zoning Ordinance April 8, 2015

Section 502. Substandard Lots of Record

A lot of record existing upon the effective date of this Ordinance may be used for the erection of

a structure without meeting the minimum lot area and lot width requirements provided that:

A. The use is permitted in the zoning district;

B. The lot has been in separate ownership from abutting lands at all times since it became

substandard;

C. The lot was created compliant with the official controls in effect at that time;

D. The sewage treatment and setback requirements prescribed by this Ordinance are met;

E. The lot area and width are within sixty-six percent (66%) of the minimum requirements

of this Ordinance except that all pre-existing lots contained within the R-3 shall not be

entitled to have this 66% rule applied and must meet 100% of the lot area and width

requirements of the R-3 District;

F. In the B-1, R-1, and R-2 districts, existing lots of record greater than one acre and with

a width of at least 100 feet may be developed without a variance, provided all other

standards of this Ordinance are met;

G. A variance from setback requirements must be obtained before any use, sewage

treatment system, or building permit is issued for a structure or facility to be

constructed or placed on a substandard lot that does not meet the setback provisions of

this Ordinance. In evaluating the variance request, the Board of Adjustment shall

consider sewage treatment and water supply capabilities or constraints of the lot, and

shall deny the variance if adequate facilities cannot be provided; and,

H. Appropriate land use and/or building permit(s) is/are obtained from the Planning

Administrator or building authority.

I. A nonconforming lot of record cannot be created without a variance application and Joint

Planning Board approval through the public hearing process.

GBAJPB Zoning Ordinance April 8, 2015

ARTICLE VI

ACCESSORY USES AND STRUCTURES

Section 601. Accessory Uses and Structures

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are

authorized, with the issuance of a Building/Land Use Permit, except as prohibited specifically or

by necessary implication in this or any other ordinance, provided that:

A. All accessory buildings and structures, including but not limited to decks, stairways,

handicapped access, carports and breezeways, attached to the principal building on a lot

shall be made structurally a part thereof and shall comply in all respects with the

requirements of the Ordinance applicable to the principal building.

B. All detached accessory buildings shall comply with all of the requirements applicable

to the principal structure and maintain a minimum of 10 feet between all structures.

C. No accessory building or structure shall be constructed, altered, or moved to any

location within 10 feet of the principal building unless the structure is made an integral

part of the principal building.

D. In the R-2 through R-5 Districts, the following maximum accessory structure size

standards shall apply:

R2 & R3 R-4 & R-5

Lot Acres Accessory Structure Size 1,008 Sq. Ft. Max.

Under 1.0 1,008 Sq. Ft.

1.1-1.4 1,200 Sq. Ft.

1.5-1.9 1,400 Sq. Ft.

2.0-2.4 1,600 Sq. Ft.

2.5-2.9 1,800 Sq. Ft.

3.0-3.9 2,000 Sq. Ft.

4.0 + No Maximum

Lots with accessory buildings in excess of 1500 square feet may not be subdivided to a

lesser size, unless the building is in conformity with the above maximum requirements.

E. No more than one accessory building (storage building) in excess of 200 square feet of

floor area shall be allowed in the R-2, R-3, R-4, and R-5 districts except where the

parcel is larger than one (1) acres.

F. Accessory structures shall not exceed twenty-five (25) feet in height, and side walls

may not exceed twelve (12) feet in height, except that accessory structures on parcels

containing one (1) acre or more in the R-1, R-2, & R-3 Districts shall not exceed thirty

(30) feet in height, and side walls may not exceed sixteen (16) feet in height.

GBAJPB Zoning Ordinance April 8, 2015

G. All detached accessory buildings or structures shall be located in the side or rear yards.

If the principle structure is set more than 100 feet from the front yard setback, then the

accessory building may be in front of the principle structure. All such structures shall

comply with all yard setback requirements applicable to the principal structures located

within the zoning district.

H. Accessory structures 1,600 Sq. Ft. or more shall be required to have double the

minimum rear and side yard setback and accessory structures 3,000 Sq. Ft. or more

shall be required triple the minimum rear and side yard setback.

I. Structures, with a floor area 200 square feet or less are exempt from the Building/Land

Use Permit requirement, but they do count towards the maximum amount of accessory

square footage allowed per parcel.

J. Accessory structures shall not be constructed or occupied on any lot in the R-4 through

R-6 zones prior to time of construction of the principal structure to which it is an

accessory.

K. Accessory structures may be constructed on lots, not containing the principal structure

in the R-3 through R-6 districts on the opposite side of the street or on a nearby parcel,

provided the parcel boundary is located within the same block, and/or is within 500

lineal feet. The accessory structure parcel shall be under the same ownership as the

primary structure parcel. A deed restriction requiring both parcels be retained under

continuous common ownership shall be recorded against both parcels prior to issuance

of a land use or building permit.

L. The structure shall not be designed or used for human habitation and shall not contain

sewage treatment facilities, unless the following conditions are met:

1. SSTS is a compliant system in conformity with Article VIII of this Ordinance

2. The land owner records a deed restriction indicating that no human habitation is

allowed in the accessory building with the Beltrami County Recorder against the

property deed and provides a recorded copy of said deed restriction to the JPB prior

to issuance of a building or land use permit.

Section 602. Accessory Buildings in Manufactured Housing Parks

No more than one storage building not to exceed 120 square feet is allowed per lot. A carport (in

addition to the storage building) may also be allowed on manufactured home lots. All accessory

buildings must meet setbacks. Storage and accessory buildings must be maintained and designed

to enhance the general appearance of the lot.

GBAJPB Zoning Ordinance April 8, 2015

Section 603. Accessory Recreational Facilities

Accessory recreation facilities shall comply with a 5 foot side yard setback and front and rear

yard setbacks as established by the zoning district. Examples of accessory recreation facilities

include but are not limited to: Tennis Courts, Pools, Trail Heads, Hockey Rinks and Volley Ball

Courts.

Section 604. Accessory Dwelling Units.

Accessory dwelling units (ADUs) may be incorporated within or added onto an existing house,

garage, or other accessory structure, or may be built as a separate structure on a lot where a

single-family dwelling exists in the R-1 through R-4 Residential Districts of the Greater Bemidji

Area.

Unless specifically addressed in this section, ADUs are subject to the regulations of the

underlying zoning district in regards to lot and bulk standards (e.g., height, setbacks, and

pervious coverage requirements), and the Minnesota State Building Code for residential

structures.

In keeping within the character and standards of single-family residential districts of the Greater

Bemidji Area, the following standards shall apply:

 Occupants of ADUs shall be limited to members of the family of the owner(s) of the

principal structure.

 No rental of the ADU’s will be allowed.

 No conversion of a single family house into a duplex will be allowed.

 If a home is converted into a rental property, the ADU shall be removed.

A. Types of permits required:

1. Allowed with the issuance of an ADU permit:

a. Internal ADUs incorporated within an existing principal structure shall

be permitted in the R-1 through R-4 districts.

b. Detached ADUs shall be permitted on lots in the R-1 and R-2

Residential Districts that contain a minimum of two (2) acres of

contiguous land.

c. Attached ADUs shall be permitted on lots in the R-1 and R-2 Districts

that contain a minimum of two (2) acres of contiguous land.

2. Allowed pursuant the approval of a Conditional Use Permit:

a. Detached ADUs in the R-3 through R-4 Residential Districts, or on lots

smaller than two (2) acres, shall require the issuance of a Conditional

Use permit subject to the standards of this ordinance.

GBAJPB Zoning Ordinance April 8, 2015

b. Attached ADUs in the R-3 through R-4 Residential Districts, or on lots

smaller than two (2) acres, shall require the issuance of a Conditional

Use permit subject to the standards of this ordinance.

B. Property Standards:

1. ADUs shall only be permitted in residential districts when the property owner lives on

the property within the principal dwelling.

2. Only one (1) ADU shall be allowed per single-family lot.

3. ADUs shall be located on the same parcel as the principle dwelling. ADUs located on

back lots are prohibited.

4. ADUs shall remain under the ownership of the principal structure’s occupant, and may

not be sold separately or used as rental property.

5. ADUs shall not be subdivided or result in the creation of a separate tax parcel.

6. ADUs shall be prohibited on residential lots in which the permitted use of the

principal structure is greater than a single-family use. This includes, but is not limited to,

duplex units, twin homes, triplex units, quad units, residential facilities, etc.

7. Home Occupations are prohibited uses for ADUs in all zoning districts.

C. Design Standards:

1. Minimum/Maximum Size:

a. The maximum size of an ADU may be no more than fifty (50) percent of the

square footage of the principal dwelling unit or eight hundred (800) square feet,

whichever is less.

2. Setbacks: The ADU must abide by the regular accessory structure setbacks.

3. Height: The height of the ADU shall not exceed that of the principle structure.

4. Architectural design: Attached ADUs added to the principal structure or to an existing

accessory structure shall be designed to maintain the architectural design, style,

appearance and character of the main building.

5. Parking: Parking requirements shall be established by the Joint Planning Board for

ADUs that require approval of a CUP, and the Planning Administrator shall determine

parking requirements for permitted ADUs on a case-to-case basis.

6. Conversion of an existing structure to an ADU shall only occur if the existing structure

meets all other zoning standards (setbacks, height, impervious, SSTS compliance). 7. All

ADU structures shall be attached to a continuous load bearing permanent perimeter

foundation that meets the requirements of the State Building Code (skirting is not an

allowable substitute).

7. All ADU structures shall be attached to a continuous load bearing permanent perimeter

foundation that meets the requirements of the State Building Code (skirting is not an

allowable substitute).

GBAJPB Zoning Ordinance April 8, 2015

ARTICLE VII

SIGN REGULATIONS

Section 701. Purpose and Intent

The purpose of this Section shall be to coordinate the type, placement, and scale of signs within

the different zoning districts to recognize the commercial communication requirements of all

sectors of the business community; to encourage the innovative use of design; to promote both

renovation and proper maintenance; to allow for special circumstances; to provide for the safety

of the traveling public by limiting distractions, hazards and obstructions; and to guarantee equal

treatment under the law through accurate record keeping and consistent enforcement. These

shall be accomplished by regulation of the display, erection, use and maintenance of signs. No

sign shall be permitted as a main or accessory use except in accordance with the provisions of

this Ordinance.

Because of its unique environmental setting, it is further the intent of this ordinance to encourage

quality and aesthetics in the size, design and the materials used for sign construction; to enhance

the overall appearance and image of the community; and to assure that the public is not

endangered by the unsafe, disorderly or unnecessary use of signage. It is not, however, the

purpose or intent of this Ordinance to regulate the message displayed on any sign.

Section 702. Scope

The purpose of this Ordinance shall be to regulate all signs intended to be viewed from any

vehicular or pedestrian public right-of-way. This ordinance shall not regulate government signs;

the copy or message displayed on signs; signs not intended to be viewed from a public right-of-

way; interior window displays; product dispensers; non-dynamic display scoreboards on athletic

fields; gravestones; barber poles; religious symbols; commemorative plaques; the display of

street numbers; or any display or construction not defined herein as a sign.

The owner of any sign which is otherwise allowed by this Ordinance may substitute non-

commercial copy in lieu of any other commercial or non-commercial copy. This substitution of

copy may be made without any additional approval or permitting. The purpose of this provision

is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or

favoring of any particular non-commercial message over any other non-commercial message.

This provision prevails over any more specific provision to the contrary.

Section 703. General Provisions

It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the Greater

Bemidji Area except in accordance with the provisions of this Ordinance. Signs, other than

government signs, are prohibited within all public rights-of-way and easements and on public

property. Projecting signs, awnings, canopies, and under canopy signs that overhang a sidewalk

or other pedestrian way shall provide a minimum clearance above the said pedestrian way of

eight (8) feet.

GBAJPB Zoning Ordinance April 8, 2015

Section 704. Prohibited Signs

The following signs are prohibited in all districts:

A. Signs on vacant or abandoned buildings, or signs located at businesses which have

ceased to operate as commercial enterprises. Such signs shall be removed by the

property owner within 30 days of abandonment or business cessation;

B. Signs imitating or resembling official traffic or public safety signs or signals in shape,

size or color;

C. Snipe signs or signs attached to trees, telephone or utility poles, public benches,

streetlights, or placed on any public property or public right-of-way, with the exception

of government signs;

D. Signs placed on vehicles or trailers which are parked or located for the primary purpose

of displaying said signs (this does not apply to permitted portable signs or to signs or

lettering on buses, taxis, or vehicles operating during the normal course of business);

E. Signs that interfere with the safe operation of official traffic control devices;

F. Signs that emit sound;

G. Signs anchored by guy wires, chains, cables or similar devices that project down to the

ground or in any way which create an unsafe condition for pedestrians or motorists;

H. Dynamic displays on any moving motorized or non-motorized vehicle, except as may

be allowed in a parade which has been officially approved by a political subdivision.

I. Roof signs without a CUP approved.

J. Swinging or other non-secured permanent signs.

K. Billboards including all dynamic billboard type displays.

Section 705. Nonconforming Signs:

Existing signs which were legally erected, placed or maintained which do not conform to the

specific provision of this Ordinance may continue in use provided that:

A. Any sign legally existing at the time of the passage of this Ordinance that does not

conform to the provisions of this Ordinance shall be considered a legal nonconforming

sign and may be continued through repair, replacement, restoration, maintenance, or

improvement but not including, expansion. “Expansion” shall be defined as any

GBAJPB Zoning Ordinance April 8, 2015

structural alteration, change or addition that is made outside of the original sign

structure or sign area, including the addition of a dynamic display.

B. When any legal nonconforming sign is discontinued for a period of more than one year,

or is changed to a conforming sign, any future sign shall be in conformity with the

provisions of this Ordinance. Any legal nonconforming sign shall be removed and

shall not be repaired, replaced, or rebuilt if it is damaged by fire or similar peril to the

extent of fifty (50) percent or more of its estimated market value at the time of damage

and no sign permit have been applied for within 180 days of the date of destruction.

The County Assessor shall be responsible for making the determination of whether a

nonconforming off-premise business identification or billboard sign has been destroyed

fifty (50) percent or less of its estimated market value at the time of destruction.

C. In the event a sign permit is applied for within 180 days of the date of destruction,

the Board may impose reasonable conditions upon the sign permit in order to mitigate

any newly created impact on adjacent properties.

D. A lawful nonconforming sign shall not be changed to a similar nonconforming sign or

to a more restrictive nonconforming sign.

E. All legal nonconforming signs that have dynamic displays are required to comply with

the night time dynamic display programming requirements of this Ordinance, provided

that the sign is capable of meeting programming requirements, as determined by the

Planning Administrator.

Section 706. Permits Required

Unless otherwise provided by this Ordinance, all signs shall require a sign permit issued by the

Planning Administrator. No permit is required for the maintenance of a sign or for a change of

copy on painted or printed sign face panels.

A. General information & application:

1. All signs requiring a permit will be required to pay an application fee as specified

by the Board’s fee schedule.

2. In addition to a sign permit, an electrical permit must be obtained, if required, for

illuminated signs or signs that have dynamic displays.

3. Unless otherwise stated herein, a permit will be valid for the life of the sign.

4. Application for a sign permit must be made on the forms provided by the Board and

filed with the Planning Administrator.

GBAJPB Zoning Ordinance April 8, 2015

B. Inspections. A sign requiring a permit shall be subject to an initial inspection by the

Board to determine whether the sign conforms to the provisions of this Ordinance, the

permit application and other applicable laws, ordinances and regulations, including, but

not limited to: sign location, size, footings, structural design, and materials used.

C. Permit Issuance. Upon the filing of a complete permit application, the Planning

Administrator shall review the application materials submitted. If the proposed sign

complies with this section and other applicable laws, ordinances and regulations, the

Planning Administrator shall issue a sign permit.

Section 707. Signs Not Requiring Permits

The following types of signs are exempt from permit requirements but must be in compliance

with all other requirements of this Ordinance:

A. One non-illuminated sign with a commercial message that does not exceed thirty-two

(32) square feet in sign area in the single family R1 – R 5 and MH Districts and forty-

eight (48) square feet in sign area in all other zoning districts may be placed upon a

construction site. The sign must be removed within ten (10) days after completion of

construction or issuance of a certificate of occupancy, whichever occurs first;

B. Holiday decorations;

C. Identification signs of two (2) square feet in sign area or less;

D. Signs authorized by Minnesota Statutes Section 211B.045;

E. Government signs;

F. Commercial message signs on property that is for sale or lease according to the

following standards:

Zoning District Road Speed Max. Size

R-1,2,3,4,5; MH; C 40 mph or less 6 s.f.

R-1,2,3,4,5; MH; C 45 mph or greater 16 s.f.

B-1,2; I-1,2; LC; LD; OM; U; UR 50 mph or less 32 s.f.

B-1,2; I-1,2; LC; LD; OM; U; UR 55 mph or less 64 s.f.

All signs allowed by this paragraph must be removed within seven (7) days after the

closing date of the sale or lease of the property;

G. Window signs. For commercial uses, window signs shall be allowed only as accessory

signage to a permitted permanent sign, and shall not be used as the principal wall sign

of the business. If a window sign is the primary sign, then a permit is required and

applicable sizes will comply.

GBAJPB Zoning Ordinance April 8, 2015

H. Incidental signs that are two (2) square feet in sign area or less;

I. Wall or building art;

J. Flags containing non-commercial speech only. Flags may be illuminated, provided the

illumination source is directed toward the flag and is not able be seen from any adjacent

public roadway or residential use;

K. Signs of any size on vehicles traveling or lawfully parked on operating and insured

vehicles, construction trailers, or equipment which are temporarily parked on a

permitted construction site, or primary business location;

L. Freestanding or portable signs not more than four (4) square feet in size, on private

property (having a garage sale) for not more than three (3) days. Property owner is

responsible for removal of signs;

M. Temporary or permanent signs installed or placed by public utilities to warn the public;

N. Outdoor scoreboards in athletic stadiums that do not include dynamic displays;

O. Static signs or banners adorning fences located in permitted outdoor recreational

facilities, provided they are placed so as to only be viewed internal to the play field area

and are not placed so as to orient a commercial message toward an adjacent public road

right-of-way;

P. On-premise directional signs without business identification are permitted in parking

lots or driveways of properties containing a multi-family residential use and in parking

lots or driveways of properties located in a commercial or industrial district. Said signs

shall not exceed four (4) square feet in total directional sign area, unless otherwise

permitted via planned unit development. Said signs shall not exceed five (5) feet in

height, unless they are placed on a building;

Q. One off-premise directional sign per avenue or block leading to a commercially or

industrially zoned property that has a driveway that has been permanently closed by the

road authority and for which no reasonable direct access remains, as determined by the

Board. Said sign shall not be illuminated, shall not exceed two (2) square feet in sign

area and eight (8) feet in height. No more than three (3) off-premise directional signs

shall be located on a single parcel and shall be placed on the same sign freestanding

structure where feasible;

R. Bench signs located at bus stops, adjacent to sidewalks and located on other public and

private resting places. Said sign shall not exceed four (4) square feet in sign area.

S. Point of purchase display signs not to exceed one (1) square foot in sign area;

GBAJPB Zoning Ordinance April 8, 2015

T. Handicapped parking signs; and

U. One non-illuminated non-commercial speech sign, not to exceed four (4) square feet,

may be attached to the wall of a structure by the owner, may not be an off-premises

sign, and shall not contain any dynamic display.

V. One non-commercial speech community event banner, not to exceed one hundred

(100) square feet, may be allowed in designated locations. Each location shall be

approved by the Joint Planning Board.

Section 708. Sign Standards

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is

required. Defective parts shall be replaced. The Planning Administrator shall order the repair or

removal of any sign which is defective, damaged, or substantially deteriorated. Replacement of

support posts, columns, pylons or other structural supports for any sign shall constitute removal

of such sign, and its replacement shall be done in compliance with the terms of this Ordinance.

Banners and other temporary signs when attached to non-utility poles, stakes, tents, buildings or

other structures shall be well secured so that they are not blown around uncontrollably by the

wind. Banners and other temporary signs shall be maintained such that they do not become

ripped, torn, faded, defaced, damaged, loose, or unsecured.

Sign calculations shall be completed and provided to the JPB staff prior to approval. The

following diagrams are meant to assist with this analysis.

4% of the building’s elevation

Multiply the Height X Width X 0.04 to find 4% of the building’s elevation. Example: Width of

building is 100 feet. Height of building is 20 feet. The calculation for the sign would be

100X20X0.04 = 80 SF of Signage Allowed.

Section 709. Signs Permitted in the (C) Conservation District

No sign may be permitted in the Conservation District, with the exception of those identified in

Section 706 of this Ordinance. No sign shall be located less than ten feet from a road right-of-

way.

HEIGHT

WIDTH

GBAJPB Zoning Ordinance April 8, 2015

Section 710. Signs Permitted in the R-1, R-2, R-3, R-4, R-5, R-6 and MH Districts:

A. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards provided that no such sign may be illuminated, except in the R-

6 District and for permitted non-residential uses:

1. All signs as permitted in Section 706 of this Ordinance;

2. One subdivision, neighborhood or development entryway sign per street frontage,

not to exceed thirty-two (32) square feet in sign area for each location. Said sign

shall not include a dynamic display;

3. One on-premise sign per entrance to each building in an apartment or condominium

complex, not to exceed thirty-six (36) square feet in total sign area. Said sign shall

not include a dynamic display;

4. Permitted non-residential uses, including churches, schools, clinics, are allowed one

freestanding sign per street frontage not to exceed thirty-two (32) square feet in sign

area. One wall sign of twenty-four (24) square feet in sign area is also permitted per

street frontage. The allowable sign area and height for freestanding signs and wall

signs may be increased by fifty (50) percent if the parcel is two and one-half (2.5)

acres in size or greater and all freestanding signs are set back at least thirty (30) feet

from any public right-of-way;

5. Home occupations are permitted no more than one (1) sign not to exceed four (4)

square feet in sign area. The sign must be located in the front yard or the side yard.

The sign shall not be illuminated and shall not include a dynamic display;

6. All permitted freestanding signs shall have a maximum height limit of six (6) feet

and shall be set back at least fifteen (15) feet from any public right-of-way. The

total width of the support structure of a freestanding signs shall not exceed the sign.

There shall be landscaping or a planter that encompasses the support structure.

7. Dynamic displays may be approved as a conditional use for uses that do not contain

any residences, subject to the provisions and standards of this Ordinance.

Appropriate restrictions on the dynamic display size may be approved by the Joint

Planning Board in order to minimize any negative impacts on the surrounding

residential area.

8. Permitted non-residential uses, with the exception of home occupations, may

display one (1) banner per parcel with no sign permit being required. The banner

shall not exceed thirty (30) square feet in sign area and shall only be displayed for a

maximum of thirty (30) days in a six month period running from January 1st to June

and July 1

to December 31

. The days are cumulative and do not carry into

the subsequent period.

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B. Permitted non-residential uses, with the exception of home occupations, are allowed to

display, without a permit, one (1) sandwich board sign per parcel, which may not

exceed twenty (20) square feet in total sign area. There must be a minimum pedestrian

clearance of five (5) feet in sidewalk or trail width. Signs are only allowed to remain

outdoors during periods of time that an establishment is open and being operated.

Section 711. Signs Permitted in the LC and LD Districts

A. The following signs are allowed without the issuance of a sign permit in accordance

with the following standards:

1. One (1) on-premise Bulletin Board Sign not to exceed nine (9) square feet in sign

area in addition to the maximum signage allowed per parcel;

2. One (1) on-premise banner per parcel, not to exceed thirty (30) square feet in total

sign area. Banners shall be displayed for no more than a total of thirty (30) days

within a six month period running from January 1

to June 30

and July 1

December 31

. The days are cumulative and do not carry into the subsequent

period.

3. Two (2) sandwich board signs per parcel, which may not exceed twenty (20) square

feet in total sign area. There must be a minimum pedestrian clearance of five (5)

feet in sidewalk or trail width. Signs are only allowed to remain outdoors during

periods of time that an establishment is open and being operated;

4. Two (2) sail signs per parcel, which may not exceed fifteen (15) feet in height.

There must be a minimum pedestrian clearance of five (5) feet in sidewalk or trail

width. Sail signs are only allowed to remain outdoors during periods of time that an

establishment is open and being operated;

B. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards:

1. One (1) portable on-premise sign not to exceed thirty two (32) square feet in sign

area. Said sign shall be set back no less than five (5) feet from any lot line, and

shall be permitted no more than a total of thirty (30) days within a six month period

running from January 1

to June 30

and July 1

to December 31st. Said sign shall

not contain a dynamic display;

2. Wall and Freestanding Signs:

a. One (1) wall sign is permitted for each building face per street frontage. One

(1) freestanding sign is permitted per parcel. Parcels that are ten (10) acres in

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GBAJPB Zoning Ordinance April 8, 2015

size or larger, with two (2) driveways on separate street frontages may be

permitted two (2) freestanding signs.

b. The total allowable signage permitted for a single tenant building is as follows:

i. Wall signage is limited to a maximum of four (4) percent of the building’s

total wall elevation square feet per street frontage, or fifty (50) square feet

whichever is greater. Maximum allowable sign size shall not exceed two

hundred and fifty (250) square feet.

ii. Freestanding signage shall be limited to one hundred twenty-five (125)

square feet for static on-premise identification signage. An additional fifty-

five (55) square feet of on-premise signage may be permitted for a manual

changeable copy reader board or a dynamic display when it is incorporated

into a permitted freestanding sign structure.

c. The total allowable signage permitted for a multi-tenant building is as follows:

i. Wall signage is limited to a maximum of four (4) percent of the building’s

total wall elevation square footage per street frontage, or fifty (50) square

feet whichever is greater. Each individual tenant may have one (1) wall sign

if a sign plan is submitted for review by JPB Staff. No individual tenant

shall have a wall sign that exceeds two hundred fifty (250) square feet.

Properties located in the LD District with reduced or no front yard setbacks,

and which front directly onto a public sidewalk may have one (1) additional

under canopy or projecting sign per sidewalk frontage.

ii. Freestanding signage is limited to one hundred fifty (150) square feet for

static identification signage. An additional fifty-five (55) square feet of

signage may be permitted for a manual changeable copy reader board or

dynamic display when it is incorporated into the freestanding sign structure.

d. Low Profile Monument Signs:

One (1) Low Profile Monument Sign less than fifty (50) square feet in sign area

and not exceeding six (6) feet in height may be permitted in lieu of any other

freestanding sign on the parcel. The sign must have a minimum setback of five

(5) feet from the street right-of-way and shall not be permitted in the Sight

Visibility Triangle.

3. Additional signage for parcels located on one-way streets:

a. A parcel fronting on only one one-way street or highway may have one (1) off-

premise identification sign which must be located within the same block as the

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parcel. The sign area of the off-premise sign shall be added to the total allowed

square footage for signs on the parcel in which the sign is located and shall not

exceed the total amount of sign area that is permitted for that parcel.

b. Where any parcel is located between two (2) one-way streets or highways, it

may have one (1) additional freestanding sign per parcel per one way street

frontage.

C. Maximum Height:

No sign shall exceed thirty (30) feet in height in the LD District and twenty five (25)

feet in height in the LC District.

D. Required Setbacks:

There shall be a minimum setback of fifteen (15) feet from the front property line for

all other freestanding signs. Side yard setbacks shall be a minimum of five (5) feet.

Section 712. Signs Permitted in the (B-1) and (B-2) Low Density and General

Commercial Districts

A. The following signs are allowed without the issuance of a sign permit in accordance

with the following standards:

1. One (1) on-premise Bulletin Board Sign not to exceed nine (9) square feet in sign

area in addition to the maximum signage allowed per parcel;

2. One (1) on-premise banner per parcel, not to exceed sixty (60) square feet in total

sign area. Such sign shall be set back no less than five (5) feet from any lot line.

Banners shall be displayed for no more than a total of thirty (30) days within a six

month period running from January 1

to June 30

and July 1

to December 31

The days are cumulative and do not carry into the subsequent period.

3. Two (2) sandwich board signs per parcel, which may not exceed twenty (20) square

feet in total sign area. There must be a minimum pedestrian clearance of five (5)

feet in sidewalk or trail width. Signs are only allowed to remain outdoors during

periods of time that an establishment is open and being operated.

4. Two (2) sail signs per parcel, which may not exceed fifteen (15) feet in height.

There must be a minimum pedestrian clearance of five (5) feet in sidewalk or trail

width. Sail signs are only allowed to remain outdoors during periods of time that an

establishment is open and being operated;

B. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards:

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1. One (1) portable on-premise sign not to exceed sixty (60) square feet in sign area,

provided that there are no signs with dynamic displays on the parcel. Such sign

shall be set back no less than five (5) feet from any lot line, and shall be permitted

no more than a total of thirty (30) days within a six month period running from

January 1

to June 30

and July 1

to December 31st. Said sign shall not contain a

dynamic display.

2. Wall, Monument and Freestanding Signs:

a. One wall sign is permitted for each building face per street frontage. One

freestanding sign or monument sign is permitted per parcel. Parcels that are ten

(5) acres in size or larger, with two (2) driveways on separate street frontages

may have two (2) freestanding or monument signs;

b. The total allowable signage permitted for single tenant building is as follows:

i. Wall signage is limited to a maximum of four (4) percent of the building’s

total wall elevation square feet per street frontage, or fifty (50) square feet

whichever is greater. Maximum allowable sign size shall not exceed two

hundred and fifty (250) square feet.

ii. Freestanding or monument signage shall be limited to one hundred twenty-

five (125) square feet for on-premise static identification signage. An

additional fifty-five (55) square feet of on-premise signage may be

permitted for a manual changeable copy reader board or a dynamic display

when it is incorporated into a permitted sign structure.

c. The total allowable signage permitted for a multi-tenant building is as follows:

i. Wall signage is limited to a maximum of four (4) percent of the building’s

total wall elevation square feet per street frontage or fifty square feet per

tenant whichever is greater. Each individual tenant may have one (1) wall

sign if a sign plan is submitted for review by the Planning Administrator.

No individual tenant shall have a wall sign that exceeds two hundred fifty

(250) square feet.

ii. Freestanding or monument signage is limited to one hundred fifty (150)

square feet for static identification signage. An additional fifty-five (55)

square feet of signage may be permitted for a manual changeable copy

reader board or a dynamic display when it is incorporated into a permitted

sign structure.

d. Low Profile Monument Signs:

One (1) Low Profile Monument Sign less than fifty (50) square feet in sign area

and not exceeding six (6) feet in height may be permitted in lieu of any other

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freestanding sign on the parcel. The sign must have a minimum setback of five

(5) feet from the street right-of-way and shall not be permitted in the Sight

Visibility Triangle.

C. Maximum Freestanding Sign Height:

No sign shall exceed thirty (30) feet in height.

D. Required Setbacks:

There shall be a minimum setback of fifteen (15) feet from the street right-of-way line

for all other freestanding signs. Side yard setbacks shall be a minimum of ten (10) feet.

Section 713. Signs Permitted in the (UR) Urban Renaissance District

A. The following signs are allowed without the issuance of a sign permit in accordance

with the following standards:

1. One bulletin board sign not to exceed nine (9) square feet in sign area in addition to

the maximum signage allowed per parcel;

2. Two (2) sandwich board signs per parcel, which may not exceed twenty (20) square

feet in total sign area. No sign permit is required. There must be a minimum

pedestrian clearance of five (5) feet in sidewalk or trail width. Signs are only

allowed to remain outdoors during periods of time that an establishment is open and

is being operated;

3. One (1) banner per parcel, which may not exceed sixty (60) square feet in total sign

area. Banners shall be displayed for no more than a total of thirty (30) days within

a six month period running from January 1

to June 30

and July 1

to December

. The days are cumulative and do not carry into the subsequent period. Sail

signs are not considered banners and are prohibited in the UR district.

B. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards:

1. Wall, Monument and Freestanding Signs:

a. The maximum number of wall signs permitted shall be the same as the number

of street and alley right-of-way frontages for the parcel.

b. The total allowable wall sign area shall not exceed three (3) square feet per

lineal foot of building frontage. No wall sign shall exceed 80 square feet in sign

area. The maximum total allowable wall sign area for a building shall not

exceed 160 square feet;

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GBAJPB Zoning Ordinance April 8, 2015

c. For multi-tenant buildings, a total of one wall mounted sign is allowed per

business per street and alley right-of-way frontage, if a sign plan is submitted

for review by the Planning Administrator. The total allowable wall sign area

shall not exceed two hundred (200) square feet per parcel. Landlords may

submit one plan and obtain one permit per building if sign structures are

incorporated into the lease plan.

d. There shall be a maximum of one (1) freestanding or monument sign permitted

per parcel not to exceed one hundred (100) square feet in sign area for static on-

premise identification signage. An additional fifty-five (55) square feet of on-

premise signage may be permitted for a manual changeable copy reader board

or a dynamic display when it is incorporated into a permitted sign structure.

2. Under-Canopy and Projecting Signs.

Parcels with reduced or no front yard setbacks, and which front directly onto a

public sidewalk with a pedestrian orientation may have one (1) under-canopy or

projecting sign per sidewalk frontage.

C. Maximum Freestanding Sign Height:

No sign shall exceed thirty (30) feet in height.

D. Required Setbacks:

There shall be no required setbacks.

Section 714. Signs Permitted in the O/M and U Districts

A. The following signs are allowed without the issuance of a sign permit in accordance

with the following standards:

1. One bulletin board sign not to exceed nine (9) square feet in sign area in addition to

the maximum signage allowed per parcel;

2. One (1) banner per parcel, which may not exceed sixty (60) square feet in total sign

area. No sign permit is required. Banners shall be displayed for no more than a

total of thirty (30) days within a six month period running from January 1

to June

and July 1

to December 31

. The days are cumulative and do not carry into

the subsequent period.

3. Two (2) sandwich board signs per parcel, which may not exceed twenty (20) square

feet in total sign area. There must be a minimum pedestrian clearance of five (5)

feet in sidewalk or trail width. Signs are only allowed to remain outdoors during

periods of time that an establishment is open and being operated;

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4. Two (2) sail signs per parcel, which may not exceed fifteen (15) feet in height.

There must be a minimum pedestrian clearance of five (5) feet in sidewalk or trail

width. Sail signs are only allowed to remain outdoors during periods of time that an

establishment is open and being operated;

B. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards:

1. One (1) portable sign no larger than thirty two (32) square feet in sign area,

provided there are no signs with dynamic displays on the parcel. Such sign shall be

set back no less than five (5) feet from any lot line, and shall be displayed no more

than a total of thirty (30) days within a six month period running from January 1

June 30

and July 1

to December 31

. Said sign shall not contain a dynamic

display.

2. Wall and Freestanding Signs:

a. There shall be no more than two wall or freestanding signs per twenty five (25)

lineal feet of street frontage.

b. The total sign area of wall and freestanding signs shall not exceed one (1)

square foot per each five (5) lineal feet of street frontage.

c. Outdoor recreational stadiums shall be permitted two (2) wall signs not to

exceed one hundred sixty (160) square feet in sign area for each sign;

d. Wall signage is limited to a maximum of four (4) percent of the building’s total

wall elevation square feet per street frontage, or fifty (50) square feet,

whichever is greater. Maximum allowable sign size shall not exceed one

hundred and fifty (150) square feet.

C. Maximum Freestanding Sign Height:

No sign shall exceed thirty (30) feet in height.

D. Low Profile Monument Signs:

One (1) Low Profile Monument Sign less than fifty (50) square feet in sign area and not

exceeding six (6) feet in height may be permitted in lieu of any other freestanding sign

on the parcel. The sign must have a minimum setback of five (5) feet from the street

right-of-way and shall not be permitted in the Sight Visibility Triangle.

E. Required Setbacks:

There shall be a minimum setback of fifteen (15) feet from the street right-of-way for

all other freestanding signs. All signs shall comply with the minimum district rear yard

setbacks for principal structures. Side yard setbacks shall be a minimum of ten (10)

feet from the property line.

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Section 715. Signs Permitted in the I-1 and I-2 Districts

A. The following signs are allowed without the issuance of a sign permit in accordance

with the following standards:

1. One (1) bulletin board sign not to exceed nine (9) square feet in sign area in

addition to the maximum signage allowed per parcel.

2. One (1) banner per parcel, which may not exceed sixty (60) square feet in total sign

area. No sign permit is required. Banners shall be displayed for no more than a

total of thirty (30) days within a six month period running from January 1

to June

and July 1

to December 31

. The days are cumulative and do not carry into

the subsequent period.

B. The following signs are permitted with the issuance of a sign permit in accordance with

the following standards:

1. One (1) portable sign no larger than thirty two (32) square feet in sign area. Such

sign shall be set back no less than five (5) feet from any lot line, and shall be

displayed no more than a total of thirty (30) days within a six month period running

from January 1

to June 30

and July 1

to December 31

. Said sign shall not

contain a dynamic display.

2. Off-premise directional signs:

One (1) off-premise directional freestanding sign not to exceed one hundred (100)

square feet in sign area is permitted on a parcel in the I-1 or I-2 District in

accordance with the following standards:

a. The sign shall comply with all set back requirements of this Section.

b. The sign shall not exceed thirty (30) feet in height.

c. The parcel where the off-premise directional sign will be located shall be

located within three hundred (300) feet of a principal or minor arterial or major

collector street as defined by the Greater Bemidji Area Transportation Plan.

3. Wall and Freestanding Signs:

a. There shall be no more than two (2) wall signs and one (1) free-standing sign, or

three (3) wall signs on a parcel;

b. Signage on a parcel shall not exceed one hundred twenty-five (125) square feet

in total sign area.

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GBAJPB Zoning Ordinance April 8, 2015

4. Low Profile Monument Signs:

One (1) Low Profile Monument Sign less than fifty (50) square feet in sign area and

not exceeding six (6) feet in height may be permitted in lieu of any other

freestanding sign on the parcel. The sign must have a minimum setback of five (5)

feet from the street right-of-way and shall not be permitted in the Sight Visibility

Triangle.

C. Maximum Freestanding Sign Height:

No sign shall exceed thirty (30) feet in height.

D. Required Setbacks:

There shall be a minimum setback of fifteen (15) feet from the front property line. All

signs shall comply with the minimum district setbacks for principal structures in rear

yards. Side yard setbacks shall be ten (10) feet from the property line.

E. Dynamic Displays shall be prohibited in these districts.

Section 716. Additional Sign Standards.

A. Illuminated Signs. Where illumination is permitted, such signs shall be indirect or

backlit to avoid direct casting of light upon property located in any residential district,

upon public waters, or onto any public right-of-way. Signs for all commercial uses

where illumination is permitted may have direct lighting, provided that the light

source has a shielded decorative exterior fixture which incorporates the same

architectural design motif as the sign and the building, avoids casting of light away

from the sign and building and is permanently maintained in the same manner. The

fixture detail information must be provided for review and approval with the sign

permit application.

B. Principal or Minor Arterial Road Signs. An increase in the maximum freestanding

sign height and one (1) additional freestanding sign per parcel may be approved for

non-residential developments, subject to the following requirements:

1. Shall contain a minimum of 1 acre;

2. Is adjacent to a Principal or Minor Arterial Road;

3. Does not contain a driveway with direct access to the Principal or Minor

Arterial Road; and

4. The highest grade elevation of the adjacent Principal or Minor Arterial Road is

fifteen (15) feet in height or greater, above the highest adjacent surface grade

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beneath the proposed sign location. In such cases, the applicant shall be

required to provide the existing and proposed grade elevation comparison

survey data. If this standard is met, then the maximum sign height shall be

based upon this highest adjacent road elevation.

Section 717. Additional Provisions in the Trunk Highway 197 Overlay District

No freestanding sign in the TH 197 Overlay District shall exceed twenty-five (25) feet in

height.

Section 718. Dynamic Displays.

Regulations: Dynamic displays on signs, where specifically allowed by this Ordinance,

shall comply with the following requirements:

1. Brightness: LED dynamic displays shall be adjusted to a night time brightness

setting of no more than twenty (20) percent of their maximum brightness setting.

LED dynamic displays may operate at up to a one hundred (100) percent of their

maximum brightness during the day time. Incandescent dynamic displays shall be

adjusted to a night time brightness setting of no more than sixty (60) percent.

Incandescent dynamic displays may operate at up to a one hundred (100) percent of

their maximum brightness during the day time. Constant night time displays of

bright or “hot colors” such as complete red or white display background shall be

prohibited. All dynamic displays shall be equipped with a night time manufacturer

auto dim feature and operated according to manufacturer night time intensity

specifications. Legal non-conforming dynamic displays without a manufacturer

auto dim feature shall comply with this requirement to the extent feasible within the

limits of the dynamic display’s programming.

2. Time/duration: Full dynamic display animation electronic programming without

any minimum frame hold display time duration is allowed for all display displays

during the day time. The night time minimum frame hold display time duration for

all dynamic displays, including legal non-conforming displays shall not be less than

three (3) seconds. There shall be no animation, motion, blinking, scrolling,

rotating, oscillating, or other apparent flashing or movement on any dynamic

display during the night time.

3. Dynamic display size and percentage of sign area: Dynamic displays may be

permitted in certain zoning districts on freestanding and monument signs or as a

wall sign, as specified by this Ordinance. Dynamic displays for freestanding signs

may occupy no more than forty-five (45) percent of the total allowable sign area of

a freestanding or monument sign(s) permitted on a parcel. Dynamic displays may

occupy no more than forty-five (45) percent of the total allowable wall sign area for

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a parcel. No dynamic display may exceed fifty-five (55) square feet in sign area,

except as may be approved as a conditional use permit condition for a

comprehensive sign plan with a PUD in the LD District.

4. Maximum number: There shall be no more than one freestanding dynamic display

sign permitted per property, except as may be permitted by this Ordinance for

additional signage along one-way pairs. Where a dynamic display is requested to

be mounted as part of the building wall signage, there shall be no more than one

dynamic display permitted per wall elevation and the maximum number of wall

elevations per building shall be two (2), including multi-tenant centers. Dynamic

displays which are mounted in a back-to-back configuration shall count as one (1)

dynamic display, provided the total angle for mounting does not exceed sixty (60)

degrees.

5. Spacing from residential uses: No dynamic display shall be located within one

hundred (100) feet of a residential district. The distance shall be measured based

upon a horizontal line beginning at the nearest residential property line and the

leading edge of the dynamic display, or a viewing radius of forty-five (45) degrees,

whichever is closer.

6. Spacing from traffic control signals: No dynamic display shall be located within

fifty (50) feet of an official traffic control signal. The distance shall be measured

based upon a horizontal line beginning at the leading edge of the dynamic display

and any portion of the traffic control device.

7. Restriction on additional temporary signage: When a dynamic display exists on a

parcel, there shall be no additional temporary signage, including, but not limited to,

banners and portable signs allowed or permitted on the parcel, except in accordance

with Section 718 of this Ordinance with an approved Special Event Sign Permit.

8. Commercial off-premise advertising shall be prohibited.

Section 719. Special Event Signs

A. Temporary signs may not be displayed at a special event without first applying for and

obtaining a special event sign permit from the Board. Upon the filing of a complete

special event sign permit application, the Planning Administrator shall review the

application materials submitted. If the proposed signs comply with this Ordinance and

all other applicable laws, ordinances and regulations, JPB Staff shall issue a special

event sign permit for the signs.

B. District Requirements: A special event sign permit may be approved for a parcel in

accordance with the following standards:

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1. All permitted commercial and multi-family uses may be permitted up to one (1)

special event sign permit for up to thirty (30) consecutive days in any four (4)

month period per calendar year,

or five consecutive days per month for an entire

calendar year.

2. Special Event Sign Permits are not required for public parks or properties where

community festivals open to the public are held.

C. Permitted Devices: The devices described below are permitted, in addition to the

maximum allowable temporary sign area, with a special event sign permit provided that

they are correctly and safety installed and the following requirements are met:

1. Balloons:

a. Small balloons, as either an individual or group of connected balloons shall not

exceed four (4) feet as the largest dimension. Balloon arches may be approved

extending across private driveways, but shall not exceed twenty (20) feet in

height and may not be placed in the public right-of-way. Balloon arches over

public streets are exempt from special event sign permit requirements, but the

street must first be closed by the road authority.

b. Balloons may be multicolored and incorporate logos and messages.

c. Helium balloons must be regularly maintained and refilled.

d. Helium or inflated balloons may be extended into the sky provided that they are

securely attached and anchored to the ground. The length from the vertical

attachment point shall not exceed a total site horizontal distance greater than

any radial point of the parcel property line or any overhead utility service line.

No balloon shall extend to a height greater than one hundred (100) feet from the

ground without prior approval of the Bemidji Airport Manager.

2. Tents:

Tents displaying signs, including all ties, ropes, stakes and other equipment, shall

be located entirely upon the property identified by the special event sign permit and

shall comply with the setback requirements for accessory structures. Tents shall

also comply with all applicable building and fire code requirements, if applicable.

3. Bannerettes:

a. Bannerettes may be placed on light standards or flagpoles.

b. No more than one (1) bannerette shall be allowed per light standard or flagpole

on the parcel. Multiple bannerettes may be staked in the ground on the parcel,

provided they are set back a minimum of ten (10) feet from the street right-of-

way line and do not exceed a height of four (4) feet.

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4. Banners:

a. Banners may be attached to non-utility poles, tents, and buildings, provided they

are well secured and are prevented from being blown around uncontrollably by

the wind.

b. A total of two (2) banners may be permitted. Each banner may be up to one

hundred (100) square feet in sign area. For multi-tenant centers, three (3) or

more tenants may each display a banner with a special event sign permit,

provided that all of the banners are attached to the building and no individual

banner exceeds thirty (30) square feet in sign area.

c. Banners shall not be higher than the front wall of the principal building on the

lot.

d. All banners shall be maintained so that they do not become ripped, torn,

defaced, damaged, loose, or unsecured.

5. Inflatable Devices:

a. A maximum of one (1) inflatable device may be permitted per parcel. It shall

not exceed a height of twenty-four (24) feet.

b. Inflatable devices may be multicolored and incorporate banners, logos and non-

dynamic signs.

c. Individual helium inflatable devices larger than four (4) feet in diameter shall be

prohibited.

d. Inflatable devices must be anchored or tethered in a safe manner and must be

kept in a weather tight and presentable condition.

e. Inflatable devices may be located on green space or in parking lot areas, but

shall not be located on rooftops.

f. Inflatable devices larger than four (4) feet in diameter shall comply with the set-

back requirements for accessory structures.

6. Portable Manual Copy or Dynamic Display Signs:

a. A maximum of one portable manual copy or dynamic display not to exceed

sixty (60) square feet may be allowed per parcel per special event sign permit.

Such signs may be allowed in addition to any approved manual copy or

permanent dynamic display(s) on the parcel, unless otherwise specified by this

Ordinance.

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b. The temporary placement of a portable manual copy or dynamic display sign

shall comply with all permanent sign setbacks for the district in which the parcel

is located.

c. A portable dynamic display sign shall only be operated in a stationary position

on the parcel and cannot be moved to and from, or upon the parcel, while in

operation.

d. The portable dynamic display sign shall comply with all programming

requirements for dynamic displays as specified by this Ordinance.

7. Pennants, Streamers, temporary light strings, or any similar displays provided:

a. Such devices shall be anchored, secured or tethered in a safe manner and shall

not be secured to any power pole or transformer.

b. Such devices shall provide a minimum clearance of fourteen (14) ft. from the

surface directly below the displays.

D. Off-Premises or Directional Signs: Off-premises or directional signs shall be

prohibited. Any violation of this provision shall be sufficient cause for immediate

revocation of an approved special event sign permit.

E. Special Events: The following are prohibited together with any other sign not

specifically allowed by the ordinance:

1. Animated or dynamic display signs, beacons and flashing light bulb strings located

in minimum required setback areas;

2. Displays or special features on roofs;

3. Swinging signs;

4. Large balloons exceeding four feet (4’) in diameter, or collections of small balloons

exceeding four feet (4') in diameter, except for approved balloon arches;

5. Any sign in the public right of way; and

6. Hot air inflatable devices.

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F. Duration and Removal:

1. Special event signs and devices must be removed within twenty-four (24) hours of

the expiration of the special event sign permit.

2. A special event sign permit shall not be issued for any parcel which a prior special

event sign permit in the same calendar year has been revoked.

Section 720. Enforcement

A. Violation. It is a violation of this Ordinance for any person, entity or organization to

provide, erect, display or fail to remove any signs or other device without first

obtaining the appropriate sign permit.

B. Notice. Any person who violates any provision of this Ordinance shall receive a notice

of the violation by hand delivery or U.S. Mail indicating that they must correct the

violation within the time prescribed by the Planning Administrator up to a maximum of

30 days.

Section 721. Appeal

An applicant whose sign permit or special event sign permit has been denied or for which a sign

permit has been revoked, may appeal the decision to the Board provided that he or she files

written notice of the appeal with the Planning Administrator within fifteen (15) days of the date

of the decision to deny. Such appeal shall be considered by the Board at its next regular

scheduled meeting held after the Board’s receipt of the written notice of the appeal, provided that

the notice of appeal is received by the Board a minimum of twenty (20) full business days before

the meeting. The Board shall conduct an appeal hearing and allow the applicant and any of his

or her witnesses to address the Board and to submit additional information. The Board shall

make its final determination on the appeal no more than thirty (30) business days after the appeal

hearing. The Board shall notify the applicant of its decision and provide reasons for the decision.

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ARTICLE VIII

SANITATION STANDARDS

Section 800. Purpose and Scope

It is the responsibility of the Greater Bemidji Area Joint Planning Board (JPB) to protect surface

and ground water from contamination by surface and subsurface discharge of all wastewater; to

protect public health and safety through regulation of human and commercial waste disposal; and

to prevent or eliminate the development of public nuisances that may develop as a result of

subsurface disposal of waste materials. This section pertains to all development containing or

requiring subsurface sewage treatment systems within the Greater Bemidji Area.

The purpose of this section is to prescribe the conditions and minimum standards under which a

Subsurface Sewage Treatment System (SSTS) may be used for treatment of sewage waste within

the Greater Bemidji Area.

Section 801. Sewage Treatment Standards

It is unlawful for any person to maintain, occupy or otherwise use any building intended for

habitation that is not provided with a wastewater treatment system that disposes of wastewater in

a manner that complies with provisions of this ordinance. Municipal sanitation services will be

employed for this purpose whenever available. All installation, repair, or expansion of SSTS or

components thereof that alters the original function of the system, changes the treatment capacity

of a system, changes all or part of the location of any component of a system, or otherwise

changes the original design, layout, components or function of a system requires the issuance of

a permit from the JPB prior to commencement of such work. Sanitation permits shall not be

issued unless the proposed system will be in compliance with the following standards:

A. Individual sewage treatment system shall not be permitted in areas where a Municipal

or Small Community Sewer Cluster (SCS) Sewer System is available within one

hundred (100) feet of the parcel boundary, or as required according to the standards of

the City of Bemidji Engineering Department and/or SCS Owner/Operator when such

system has adequate available treatment and/or collection capacity.

B. All private and public SSTS shall meet the Minnesota Pollution Control Agency's

(MPCA) standards for individual sewage treatment contained in Minnesota Rules

Chapters 7080 through 7083, "Subsurface Sewage Treatment Systems Program”, which

is hereby adopted by reference as may be amended and declared to be a part of this

Ordinance. A copy of these rules is on file at the JPB office at Bemidji City Hall and

Bemidji and Northern Town Halls.

C. All subsurface sewage treatment systems identified as an imminent threat to public

health shall be made compliant in accordance with the requirements of MPCA Chapter

7080 as soon as possible but no later than 30 days after such determination is made,

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unless weather conditions make such improvements impractical. If compliance within

30 days is impractical an extension may be granted by the Planning Administrator

provided that the property owner requests an extension and provides the Planning

Administrator with documentation that such improvement shall be made no later than

June 1 following the date of discovery.

D. All SSTSs shall be designed and installed to meet the design flow requirements for

Class I Dwellings, as prescribed by MN Rules, Chapter 7080.1860.

E. Septic tanks shall be set back a minimum of ten (10) feet from any building. Any part

of a drain field or mound systems shall be set back a minimum of twenty (20) feet from

any building or known wetland, ten (10) feet from any lot line, fifty (50) feet from a

well or other water supply (100 feet if a well is less than 50 feet in depth), and, where

feasible, shall be placed down slope from said water supply. Additionally, in shoreland

areas, on-site sewage treatment systems shall be set back from the ordinary high water

mark in accordance with the minimum standards specified in Section 901 of this

Ordinance.

F. Nonconforming and noncompliant sewage treatment systems that are not classified as

an imminent threat to public health shall be regulated and upgraded in accordance with

Sections 802 and 803 of this Ordinance.

G. Sewage treatment systems shall not be permitted in areas where any of the following

conditions are present:

1. Low, swampy areas, or areas subject to recurrent flooding.

2. Areas where the highest known groundwater table is within three feet from the

bottom of the sewage treatment system at any time.

3. Areas of exposed bedrock or shallow bedrock within three feet of the bottom of a

sewage treatment system or any other geological formation which prohibits

percolation of the effluent.

H. In the creation of new lots where individual sewage treatment systems are anticipated to

be installed, documentation shall be provided at the time of creation of the lot and again

at issuance of a land use permit that there is adequate space for both a primary and

alternate individual sewage treatment system.

I. Any individual sewage treatment system that is abandoned, or no longer being used,

shall be properly abandoned in accordance with MN Rules part 7080.2500 at the time

of discovery or upon installation of a new individual sewage treatment system, or other

treatment systems. A report of abandonment shall be completed by the licensed installer

responsible for excavation. Said report shall be forwarded to the JPB within three

working days following abandonment.

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J. Holding tanks are a permitted SSTS that may only be used in limited situations when

there is insufficient area to install a septic tank SSTS including, but not limited to, the

following:

a. Temporary SSTS for special events,

b. For structures that are infrequently utilized (examples include seasonal cabins,

tiny houses and event driven locations)

c. As permanent SSTS on properties in which the JPB SSTS Inspector affirms that

the use of a holding tank will provide sewage treatment by a quality standard

greater than that of a septic tank SSTS

A complete design and a pumping contract shall be submitted as part of the permit application

process. All holding tank installations shall include a visual and audio alarm installed as part of

the installation. All holding tank installation and repair shall be inspected in accordance with

MPCA Chapter 7080. An operating permit shall be issued to the property owner in accordance

with the standards listed below, by the JPB at the time of permitting. Operating permits shall be

reviewed every 2 years after issuance unless otherwise permitted. An expired operating permit

shall render the SSTS noncompliant until said operating permit is re-established and permitted.

A separate operating permit fee shall be collected for holding tank operating permits. Properties

containing holding tanks shall provide records of pumping activity to the JPB at least annually.

Operating permits issued for holding tank situations shall include the following:

1. System performance requirements;

2. System operating requirements;

3. Monitoring intervals, procedures and reporting instructions;

4. Maintenance procedures and schedules;

5. Compliance limits;

6. Non-compliance/failure reporting requirements and points of contact;

7. Valid contract between the owner and a licensed maintenance business;

8. Location of acceptable and permitted soil treatment dispersal area;

9. Description of acceptable and prohibited discharges; and

10. Complete description/example of monitoring report

K. Land use permits are issued for all additions to existing structures. A permit shall not

be issued for any addition of bedrooms to a dwelling utilizing a SSTS unless said SSTS

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meets the sizing requirements contained in MN Rules part 7080.1860 for Class I

dwellings.

L. MSTS or any other system deemed to require operational oversight shall be required to

maintain an operating permit to be issued in accordance with the holding tank

provisions of Section 801 (J) above.

Section 802. Registration of Sewage Treatment Systems

No owner of a tract of land upon which a dwelling is located, or upon which a structure having

an on-site sewage treatment system is located, shall sell or contract to sell by conveyance or

contract for conveyance without providing a copy of a current Certificate of Sanitary System

Compliance to the prospective buyer prior to the time of sale in accordance with the following

requirements:

A. Time of sale shall mean when a written purchase agreement is executed by the buyer or

in the absence of a purchase agreement, the time of the execution of any document

providing for the conveyance by deed or contract.

B. The Seller shall obtain and provide to the buyer a State Certificate of Compliance. A

copy of the Certificate shall be forwarded to the Joint Planning Board.

C. The proposed purchaser shall not take occupancy of a dwelling or structure prior to the

issuance of a Certificate of Compliance, except that upon the filing with the Joint

Planning Board, or its agent, of an executed written agreement by the present and

prospective owners, which agreement sets forth the date by which the new owner will

complete the necessary corrective action, and which agreement and corrective action

dates are approved by the Bemidji Area Joint Planning Board and found to be adequate

in its discretion, the occupancy may be permitted pending issuance of the Certificate of

Compliance. In no case shall the corrective action be completed later than one year

from the date the property is conveyed.

D. A Certificate of Compliance issued in accordance with MN Rules Chapter 7080

through 7083 and this Ordinance shall be effective for five (5) years from the date of

issuance for new or replacement systems or three (3) years for existing systems.

Section 803. Noncompliant Sewage Treatment Systems

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No person shall use, occupy, or maintain any premises containing a noncompliant sewage

treatment system that has been designated an imminent threat to public health. For the purposes

of this provision, a sewage treatment system shall be considered compliant if the only deficiency

is the size of the system or any setback of the sewage treatment system as prescribed under

Section 801(E) of this Ordinance. Subject to the requirements of Section 802 of this Ordinance,

sewage treatment systems installed according to all applicable regulations in effect at the time of

installation may be considered as compliant unless they are determined to be failing, except that

systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems

with less soil treatment area separation above groundwater than required by the Minnesota

Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems shall be

considered noncompliant.

It is unlawful for any person to discharge raw or treated wastewater into a well or boring as

described in Minnesota Rules part 4725.2050 or any other excavation in the ground that is not in

compliance with this Ordinance.

It is unlawful for any person to construct, maintain or use any SSTS that results in raw or

partially treated wastewater seeping or flowing into any surface water unless permitted under the

National Pollutant Discharge Elimination System (NPDES) by the MPCA.

It is unlawful for any person to discharge into any SSTS any hazardous or deleterious substance

that may adversely affect the treatment or dispersal performance of the system or the

groundwater quality.

Section 804. Nonconforming Sewage Treatment System

A sewage treatment system that does not meet the requirements of this Ordinance must be

upgraded within one (1) year of the discovery date of the noncompliance. A nonconforming

sewage treatment system also must be upgraded any time that a variance or permit of any type is

required for any improvement on, or use of, the property. If central services are available in an

abutting street or alley within 200 feet of the residents’ structure, such resident shall connect to

the sewer and/or water service if such service may be legally provided. For the purposes of this

provision, a sewage treatment system shall not be considered nonconforming if the only

deficiency is the setback of the sewage treatment system from the property boundary.

Before a permit may be issued, the Planning Administrator shall cause such inspections which

are necessary to determine if the sewage treatment system is compliant. The Joint Planning

Board requires upgrading or replacement of any nonconforming system identified through this

program within one (1) year of identification by the Planning Administrator or Planning

Commission. Sewage Treatment systems installed according to the applicable shoreland

management regulations adopted under MS Chapter 103, in effect at the time of such installation,

shall be considered as conforming, unless they are determined to be failing, except that systems

using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less

soil treatment area separation above groundwater than required by the Minnesota Pollution

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Control Agency’s Chapter 7080 for design of on-site sewage treatment systems shall be

considered nonconforming.

Section 805. Sewage Treatment Permit Requirements

No person, firm or corporation shall repair, alter, install or extend any individual sewage

treatment system without first obtaining a permit therefore from the JPB for the specific

installation, alteration, repair or extension to be performed. Installation, construction, or

modification shall be performed by a MPCA licensed sewage treatment installer. Said installer

shall be responsible for obtaining a sanitary sewer permit prior to beginning any construction or

modification. Permits shall be valid through December 31 in the year that said permit is issued.

A. Applications for permits shall be made in writing upon forms provided by the JPB, and

shall be signed by the applicant(s) and/or the licensed contractor who will perform the

work.

B. Each application for a sewage treatment system shall include:

1. A copy of the deed of the property on which the proposed repair, installation,

alteration, or extension will occur, if requested.

2. A signed copy of the site evaluation report prepared by a state licensed site

evaluator with their license number affixed to the copy. The site evaluation shall

include at least four (4) soil borings for new sites.

3. A plan of the site drawn to reasonable scale and accuracy showing: the location of

any proposed and existing buildings, water supply, property lines, underground and

overhead utility lines, names of neighbors to either side (with addresses) with the

location of their existing water supply indicated and an arrow indicating the

direction of North.

4. A signed copy of the system design prepared by a state licensed designer with their

license number affixed to the copy with a complete plan of the sewage treatment

system showing the location, size and design of all parts of the system to be

repaired, installed, altered, or extended. All system design information shall be

prepared on the current standardized U of M Extension Service SSTS Program

Forms.

5. The name and license number of the person, firm or corporation which will install

the system.

6. Any other pertinent information as requested by the Joint Planning Board or its

agent at the time of application.

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Section 806. Revision to Approved Plan

In the event that necessity requires a modification to an approved plan, the state licensed installer

shall, before commencing or resuming construction of the system, contact the Planning

Administrator and submit to the JPB a revised plan including the proposed modification. Any

revised plan shall be approved in writing by a licensed designer prior to approval by the JPB or

its agent.

Section 807. Certification

Any individual, firm, corporation, or other entity engaged in the diagnosis of soils through site

evaluations, repair, construction, installation, modification or design of sewage treatment

systems must be licensed by the MPCA. All MPCA licensed persons may be required to provide

proof of licensure either at the time of application for a permit or on site during an inspection.

All applications for permits shall include license numbers of individuals completing design

and/or work.

Section 808. Sewage Treatment System Inspection

All individual sewage treatment system construction, alteration, repair and expansions require an

inspection by a State licensed Inspector, with the exception of the repair or replacement of

pumps, floats or electrical devices associated with the pump tank. The installation and

construction of the individual sewage treatment system shall be in accordance with the approved

site evaluation and design. Inspections shall be conducted by a JPB Inspector at least once during

the construction or repair of the individual sewage treatment system. If any individual sewage

treatment system component is covered before being inspected, it may be required to be

uncovered upon the direction of the Inspector. Proposals to alter the permitted construction shall

be reviewed and the proposed change accepted by the designer, and approved by JPB staff prior

to completion of construction. Said review and acceptance shall be in the form of a written

document.

A Certificate of Compliance or Notice of Noncompliance shall be prepared by the Inspector

following an on-site inspection or review of as-built plans, site evaluation and design report. A

Certificate of Compliance or Notice of Noncompliance shall be provided to the property owner

and the permitting agency by the Inspector. As soils cannot be accurately reviewed and certified

when the surface ground is frozen. Because of this concern, a compliance inspection will not be

approved from November 15

to February 15

The JPB may conduct random inspections to determine compliance with this Ordinance.

Random inspections may be made on newly permitted on site individual septic systems

installations, modifications or repair to assure that permitted systems are being properly

constructed and installed in compliance with what was permitted by the issuance of a permit by

the JPB.

Section 809. Water Supply Standards

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All public or private supplies of water for domestic purposes must meet or exceed the standards

for water quality of the Minnesota Department of Health, Minnesota Rules Chapter 4725 and the

Minnesota Pollution Control Agency.

All installations of SSTS shall meet the required setbacks and other regulations stet forth therein.

Section 810. Amendments to Adopted Standards

The JPB hereby adopts by reference the local standards set out in Section 10 of the Beltrami

County SSTS Ordinance No. 32 as amended, as well as the following additional standards:

A. All lots created after January 23, 1996 that are not intended for connection to a

municipal wastewater treatment system shall have a minimum of two soil treatment and

dispersal areas that can support trenches, seepage beds, mounds, or at-grade systems as

described in MN Rules, parts 7080.2200 through 7080.2230 or site conditions

described in 7081.0270, Subp. 3 through 7.

B. An observation pit is required for system inspection. The pit shall be dug to

demonstrate the soil classification, depth of installation of the system and depth to the

restrictive layer. A wooden lathe shall be placed in the pit and clearly marked to show

the depths of the bottom of the system and the separation of same from the restricting

layer. Said pit shall remain open until the inspector has photographed it as part of the

inspection.

C. Determination of Hydraulic Loading Rates and SSTS sizing shall be determined as

indicated in Table IX from Minnesota Rules part 7080.2150, Subp. 3(E).

D. All land application of septage shall be as permitted by Beltrami County.

E. SSTS may only be installed in accordance with class I standards as indicated in MN

Rules, parts 7080.1860, Table IV, 7080.1880 and 7080.1885.

F. Compliance Inspections for existing systems shall include the following

determinations:

1. Water tightness of all tanks in the system to include a leakage report.

2. Vertical separation distance between the bottom of the treatment dispersal area and

the periodically saturated soil or bedrock.

3. The size of the system in relationship to the existing bedrooms or flow

determination.

4. Sewage backup, surface discharge, surface seepage to include a hydraulic function

report.

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G. Compliance inspections for new or replacement systems shall include, but are not

limited to, the following:

1. Verification of sizing in relationship to bedrooms or flow demand;

2. Verification of soil separation/periodically saturated soil horizons;

3. Verification of water tightness of the system connections;

4. Verification of need and installation of insulation on tanks;

5. Verification of installation of alarms and filters;

6. Verification of all setbacks;

7. Verification of pumping access;

8. Verification of operating permit if applicable;

9. Verification of depth of treatment system; and

10. Review of the design against the installation.

H. A management plan is required for all new and replacements for SSTS.

I. An operation permit is required for Type IV and V systems and Midsized sewage

treatment systems. Those systems that currently do not have an operation permits must be

maintained as specified in Minn. R. 7080.2450.

J. All owners of Class V wells must submit inventory information to the US Environmental

Protection Agency (EPA).

Section 811. Dispute Resolution

In the event there are conflicting site designs, soil evaluations or changes to the original design,

the following process will be used in an attempt to resolve any resulting disputes:

A. The Planning Administrator will review and evaluate all existing designs.

B. The Planning Administrator will meet with all parties involved in the design and

installation to review the differences in the evaluations or designs.

C. If no resolution is reached a site visit will be conducted with all parties present. A

minimum of at least one soil pit will be examined.

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D. If no resolution is determined at that point, the Planning Administrator will make a final

determination. Documentation of that determination will be provided to each party

involved within ten working days. The Joint Planning Board may involve professional

services of a soil scientist in reaching the aforementioned determination. If that

becomes necessary it shall be the responsibility of the disputing parties to pay the costs

of those services prior to engaging said service.

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ARTICLE IX

SHORELAND REGULATIONS

Section 900. Scope and Classification of Public Waters

The shoreland overlay district shall be overlaid upon the zoning districts established by the

Greater Bemidji Area Joint Planning Board so that any parcel of land located within shoreland

shall also lie in an established zoning district. All structures and uses shall be required to meet

the requirements of the regulations for the zoning district in which such structure or use is

located (please also see underlying zoning districts in Articles II, III and IV of this Ordinance).

In addition, such structures and uses shall be required to meet the requirements of the shoreland

overlay district. No permits may be issued, and no approvals may be made until all such

necessary requirements have been met.

The public waters of the Greater Bemidji Area as shown below have been classified according to

criteria found in Minnesota Rules, Part 6120.3300, the MHB Plan and the Protected Waters

Inventory Map for Beltrami County, Minnesota. The shoreland jurisdiction for water bodies

listed below shall be within the distances as defined in this Ordinance and as shown on the

official Zoning Map for the Greater Bemidji Area.

A. General Development Lakes

Lake Name: Lake I.D. Number:

Lake Bemidji* 4-130

Lake Irving* 4-140

*Also subject to MHB Ordinance No. 10

B. Recreational Development Lakes

Lake Name: Lake I.D. Number:

Big Bass 4-132

Marquette 4-142

Movil 4-152

Plantagenet 29-156

C. Sensitive Area Lakes

Lake Name: Lake I.D. Number:

No Name 4-131

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D. Special Protection Lakes

Lake Name: Lake I.D. Number:

Little Gnat 4-133

Carr* 4-141

Addition 4-144

No Name 4-145

No Name 4-146

Britten 4-147

Bakkum 4-149

Sumac 4-150

Alice 4-151

Grass 4-216

No Name 4-356

*Also subject to MHB Ordinance No. 10

E. Scenic and Transition River Segments (SC&TR)

River Name: From: To:

Mississippi* SC - West section line, Inlet of Lake Irving

Section 19, T146N, R33W in Section 20, T146N,

R33W

Mississippi TR – Outlet of Lake Irving, Inlet of Lake Bemidji in

Section 20, T146N, R33W Section 16, T146N, R33W

*Also subject to MHB Ordinance No. 10

F. Forested River Segments (FR)

River Name: From: To:

Mississippi Outlet of Lake Bemidji in East section line, Section 1,

Section 2, T146N, R33W T146N, R33W

G. Tributary River Segments (TR)

River Name: From: To:

Unnamed Outlet of Big Bass Lake in Inlet of Lake Bemidji in

Section 24, T147N, R33W Section 23, T147N, R33W

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Schoolcraft Outlet of Lake Plantagenet in Inlet of Carr Lake in Section

Section 31, T146N, R33W 29, T146N, R33W

Balsam West section line of, Section Inlet of Lake Alice in

18, T147N, R33W Section 18, T147N, R33W

Balsam Outlet of Lake Alice, Section Inlet of Lake Bemidji,

18, T147N, R33W Section 28, T147N, R33W

All protected watercourses in the Greater Bemidji Area shown on the Protected Waters

Inventory for Beltrami County, which is hereby adopted by reference, not given a

classification in Section 900 of this Ordinance, shall be considered “Tributary.”

Section 901. Bulk Density and Lot Sizes

The following standards apply to lots located within shoreland areas. Whenever these standards

conflict with the requirements of the underlying zoning district the stricter standards shall apply.

A. Minimum Size of Lots

1. Lots Served by Municipal Sewer on General Development Lakes

Structure: Riparian lots: (safe.) Nonriparian lots: (safe.)

Single-family 15,000 15,000

Duplex 26,000 26,000

Triplex 38,000 38,000

Quad 49,000 49,000

* For parcels subject to MHB Ordinance, lot area must contain a minimum of

30,000 square feet of contiguous land that is not a Type 1-8 wetland for Riparian

lots and a minimum of 40,000 square feet of land that is not Type 1-8 wetland for

Non-Riparian lots. Non-Riparian lots connected to municipal sewer and water

may be 20,000 square feet in area.

2. Lots Not Served by Municipal Sewer on General Development Lakes

Structure: Riparian lots: (safe.) Nonriparian lots: (safe.)

Single-family 20,000 40,000

Duplex 40,000 80,000

Triplex 60,000 120,000

Quad 80,000 160,000

* For parcels subject to MHB Ordinance, lot area must contain a minimum of

30,000 square feet of contiguous land that is not a Type 1-8 wetland for Riparian

lots and a minimum of 40,000 square feet of land that is not Type 1-8 wetland for

Non-Riparian lots.

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3. Lots Served by Municipal Sewer on Recreational Development Lakes

Structure: Riparian lots: (safe.) Nonriparian lots: (safe.)

Single-family 20,000 15,000

Duplex 35,000 26,000

Triplex 50,000 38,000

Quad 65,000 49,000

* No Recreational Development Lake currently served by Municipal Sewer

4. Lots Not Served by Municipal Sewer on Recreational Development Lakes

Structure: Riparian lots: (safe.) Nonriparian lots: (safe.)

Single-family 45,000 45,000

Duplex 90,000 90,000

Triplex 135,000 135,000

Quad 180,000 180,000

* Lot area must contain a minimum of 45,000 square feet of contiguous land that is

not a Type 1-8 wetland.

5. Lots on Sensitive Area Lakes

Structure: Riparian lots: Nonriparian lots:

Single-family 130,690 Sq. Ft. (3 acres) 130,690 Sq. Ft. (3 acres)

* Lot area must contain a minimum of 45,000 square feet of contiguous land that is

not a Type 1-8 wetland.

6. Lots on Special Protection Lakes

Structure: Riparian lots: Nonriparian lots:

Single-family 217,800 Sq. Ft. (5 acres) 217,800 Sq. Ft. (5 acres)

* Lot area must contain a minimum of 45,000 square feet of contiguous land that

is not a Type 1-8 wetland.

7. Lots on Rivers or Tributaries

a. The minimum lot size for the Scenic River Segment of the Mississippi is 5

acres.

b. The minimum lot size for all other lots located within the shoreland of rivers or

tributaries will be governed by the requirements of the underlying zoning

district as prescribed by this Ordinance.

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B. Lot Width: All lot widths shall be measured at both the building line and at the

ordinary high water level.

1. Lots Served by Municipal Sewer on General Development Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 100 100

Duplex 135 135

Triplex 195 195

Quad 255 255

* Outside City limits, lot width minimums the same as unsewered.

2. Lots Not Served by Municipal Sewer on General Development Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 100 150

Duplex 180 265

Triplex 260 375

Quad 340 490

3. Lots Served by Municipal Sewer on Recreational Development Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 100 100

Duplex 135 135

Triplex 195 190

Quad 255 245

* No Recreational Development Lake currently served by Municipal Sewer.

4. Lots Not Served by Municipal Sewer on Recreational Development Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 150 150

Duplex 225 265

Triplex 300 375

Quad 375 490

5. Lots on Sensitive Area Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 300 300

6. Lots on Special Protection Lakes

Structure: Riparian lots: (ft.) Nonriparian lots: (ft.)

Single-family 400 400

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7. Lots on Rivers. On Scenic River Segment of Mississippi the minimum width is 330

feet.

Structure: Remote: Forested: Transitional:

Single-family 300 200 250

Duplex 450 300 375

Triplex 600 400 500

Quad 750 500 625

8. Lots on Tributaries.

Structure: Sewered: Unsewered:

Single-family 100 150

Duplex 115 200

Triplex 150 250

Quad 190 300

C. Lot Coverage: The maximum ground coverage percentage shall be 25% on all lots

within the shoreland district. This shall include all structures, paving, cement, and all

other impermeable surfaces.

D. Setbacks: Structure setbacks in the shoreland overlay district are as follows:

1. General Development Lakes Distance in Feet

Structure setback from ordinary high water level (unsewered) 75

Structure setback from ordinary high water level (sewered) 50

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 75

*Outside City limits, Lake Bemidji setback from OHWM (unsewered) 100

2. Recreational Development Lakes Distance in Feet

Structure setback from ordinary high water level (unsewered) 100

Structure setback from ordinary high water level (sewered) 75

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 100

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3. Sensitive Area Lakes Distance in Feet

Structure setback from ordinary high water level 150

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 150

4. Special Protection Lake Distance in Feet

Structure setback from ordinary high water level 150

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 200

5. Remote River Segments (incl. Scenic River) Distance in Feet

Structure setback from ordinary high water level 200

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 200

6. Forested River Segment Distance in Feet

Structure setback from ordinary high water level 150

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 150

7. Transition River Segments Distance in Feet

Structure setback from ordinary high water level 150

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 150

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8. Tributary River Segments Distance in Feet

Structure setback from ordinary high water level (unsewered) 100

Structure setback from ordinary high water level (sewered) 50

Structure setback from top of bluff 30

Structure setback from side lot line 10

Structure setback from unplatted cemetery 50

Structure setback from federal, State, or County right-of-way 50

Structure setback from right-of-way of other roads 20

Sewage treatment system setback from ordinary high water level 100

E. Maximum Building Height: No structure in residential districts in the shoreland

overlay, except religious institutions and agricultural structures, shall exceed thirty (30)

feet in height. All other height limitations shall be as prescribed for the underlying

zoning district.

Section 902. Design Criteria for Structures

In shoreland areas, no structure may be placed, and no lots may be developed, except in

accordance with the following design criteria.

A. High Water Elevations

Structures must be placed in accordance with any floodplain regulations applicable to

the site. Where such controls do not exist, the elevation to which the lowest floor,

including basement, is placed or flood-proofed must be determined as follows:

1. For lakes, by placing the lowest floor at a level at least three feet above the highest

known water level; or 3 feet above the ordinary high water level, whichever is

greater.

2. For rivers and streams, by placing the lowest floor at least three feet above the flood

of record, if data are available. If data are not available, by placing the lowest floor

at least three feet above the ordinary high water mark, or by conducting a technical

evaluation to determine the effects of proposed construction upon flood stages and

flood flows and to establish a flood protection elevation. Under all three

approaches, technical evaluations must be done by a qualified engineer, hydrologist,

or registered land surveyor consistent with Statewide Floodplain Management

Rules parts 6120.5000 to 6120.6200. If more than one approach is used, the highest

flood protection elevation determined must be used for placing structures and other

facilities.

B. Stairways, Lifts and Landings

Stairways and lifts are the preferred alternative to major topographic alterations for

achieving access up and down bluffs and steep slopes to shore areas. New stairways

and lifts shall be permitted by building or land use permit. Stairways, lifts and landings

must meet the following design requirements:

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1. Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider

stairways may be used for commercial properties, public open-space recreational

properties, and planned unit developments if specifically authorized in a

Conditional Use Permit.

2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in

area. Landings larger than 32 square feet may be allowed for commercial

properties, public open-space recreational properties, and planned unit

developments, if specifically authorized in a Conditional Use Permit.

3. Canopies or roofs are not allowed on stairways, lifts, or landings

4. Stairways, lifts or landings may be either constructed above the ground on posts or

pilings, or placed into the ground provided they are designed and built in a manner

that ensures control of soil erosion

5. Stairways, lifts or landings must be located in the most visually inconspicuous

portions of lots, as viewed from the surface of the public waters assuming summer,

leaf-on conditions, whenever practical.

6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons

are also allowed as a permitted use for achieving access to shore areas, provided

that the dimensional and performance standards of this section, and the

requirements of the State Building Code, Minnesota Rules 1341, are complied with.

C. Accessory Uses and Structures

Where a shoreland lot is devoted to a permitted principal use, customary accessory uses

and structures are authorized, except as may otherwise be specifically prohibited. In

addition to the applicable requirements of Article VI of this Ordinance, the following

standards shall also apply:

1. Piers and docks are allowed, but shall be controlled by applicable State and local

regulations. Docks or piers on riparian lots shall be under the control and ownership

of the abutting land owner. Dock space rental and/or usage rights for anyone else is

prohibited, except under the provisions of this Ordinance under Section 918

Controlled Access and Recreation Lots.

2. Each riparian lot may have one water-oriented accessory structure not meeting the

normal setback from the ordinary high water level as specified in Section 901 of this

Ordinance, provided that such structure complies with the following provisions:

a. Such structure shall not exceed ten (10) feet in height, exclusive of safety rails,

and shall not occupy an area greater than 120 square feet;

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b. The setback of the structure from the ordinary high water level must be at least

ten (10) feet;

c. The structure must be treated to reduce visibility as viewed from public waters

and adjacent shore lands by vegetation, topography, increased setbacks, or color

assuming summer, leaf-on conditions;

d. The roof may be used as a deck with safety rails, but shall not be enclosed as a

storage area; and

e. The structure shall not be designed or used for human habitation and shall not

contain an SSTS.

D. Fences, Landscape Walls, and other similar features in addition to the fence provisions of

Section 1004 of this Ordinance, shall be restricted within the required front yard setback

between the structure and OHWM to no greater than 3 feet in height. Such

improvements shall not be constructed any closer than ½ of the minimum lakeshore

setback of the zoning district in which the property is located.

Section 903. Nonconforming Structures Substandard in Shoreland Overlay District

Structures which were legally constructed prior to the adoption of shoreland controls or prior to

adoption of this Ordinance, but that do not meet the provisions of this Ordinance may be

continued at the size existing upon such date, subject to the following conditions:

A. Routine maintenance of a nonconforming structure in the Shoreland Overlay District is

permitted, including any necessary or nonstructural repairs and incidental alterations

which do not expand or enlarge the nonconforming structure. Nothing in this section

will prevent the placing of a structure into a safe condition after it has been declared

unsafe by the Building Official or Planning Administrator.

B. The outside dimensions of a nonconforming principal or accessory structure, including

the height, bulk or area in the Shoreland Overlay District, may be expanded or enlarged

provided that:

1. The use of the property meets current zoning district regulations;

2. A building or land use permit is obtained.

3. The lot size is a minimum of 15,000 square feet, and is at least 100 feet wide at the

building line, and, for riparian lots, 100 feet in wide at the ordinary high water

mark. There shall be no expansion or enlargement permitted on the side of the

building that faces the water, with the exception of decks as set forth in Section 503

of this Ordinance; and

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4. Shall be subject to all other provisions of Section 501 above.

C. Lots of record in the office of the County Recorder as of the date shoreland regulations

were adopted by the Joint Planning Board that are located within the Shoreland Overlay

District and do not satisfy the requirements of this Ordinance for lot size or lot width is

subject to the following:

1. A nonconforming single lot of record located within the Shoreland Overlay District

may be allowed as a building site without variances from lot size requirements,

provided that:

a. All structure and septic system setback distance requirements can be met;

b. A Type 1 sewage treatment system consistent with Minnesota Rules Chapter

7080, can be installed or the lot is connected to a public sewer; and

c. The impervious surface coverage does not exceed 25 percent of the lot.

2. In a group of two or more contiguous lots of record under a common ownership, the

smaller of the two lots can be considered an individual lot to be considered a

separate parcel of land for the purpose of sale or development, if it meets the

following requirements:

a. The lot must be at least 66 percent of the dimensional standard for lot width and

lot size for the shoreland classification consistent with Minnesota Rules Chapter

6120 and Beltrami Co. Shoreland Ordinance;

b. The lot must be connected to a public sewer, if available, or must be suitable for

the installation of a Type 1 sewage treatment system consistent with Minnesota

Rules Chapter 7080 and local government controls;

c. Impervious surface coverage must not exceed 25 percent of each lot; and

d. Development of the lot must be consistent with the comprehensive plan.

3. A lot subject to paragraph 2 above not meeting the requirements of paragraph 2

must be combined with one or more contiguous lots so they equal one or more

conforming lots as much as possible.

4. Notwithstanding paragraph 2, contiguous nonconforming lots of record in the

Shoreland Overlay District under a common ownership must be able to be sold or

purchased individually if each lot contained a habitable residential dwelling at the

time the lots came under common ownership and the lots are suitable for, or served

by, a sewage treatment system consistent with the requirements of Minnesota Rules

Chapter 7080 or connected to a public sewer.

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5. In evaluating all variances, zoning and building permit applications or conditional

use permit requests, the Joint Planning Board shall require the property owner to

address, when appropriate, storm water runoff management, reducing impervious

surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage

treatment and water supply capabilities and other conservation-designed actions.

6. A portion of a conforming lot may be separated from an existing parcel as long as

the remainder of the existing parcel meets the lot size and sewage treatment

requirements of the zoning district for a new lot and the newly created parcel is

combined with an adjacent parcel.

D. An existing resort may maintain and replace its structures and expand to the extent

allowed in Minnesota Statutes Section 103F.227.

E. Whenever a nonconforming structure is damaged by fire, collapse, flood, explosion,

earthquake, war, riot, act of God or public enemy to the extent of 50 percent or less of

its estimated market value as shown on the records of the county assessor at the time of

damage, it may be reconstructed. The nonconforming structure shall not be permitted

to be reconstructed if the damage is greater than 50 percent of the estimated market

value as shown on the records of the county assessor at the time of damage and no

building permit has been applied for within 180 days of when the structure was

damaged. When a nonconforming structure in this district with less than 50 percent of

the required setback from the water is destroyed by fire or other peril to greater than 50

percent of its estimated market value, as indicated in the records of the county assessor

at the time of damage, the structure setback may be increased if practicable and

reasonable conditions are placed upon a zoning or building permit to mitigate created

impacts on the adjacent property or water body.

F. When any lawful nonconforming structure is replaced by another structure, the new

structure must conform to the provisions of this Ordinance and it shall not thereafter be

changed to any nonconforming structure.

G. If the nonconforming structure is discontinued for a period of 12 months, the

subsequent use of the structure shall be in conformity with the provisions of this

Ordinance.

H. Alterations may be made to a building containing nonconforming residential units when

the alteration will improve the livability of such units, provided that such alterations do

not increase the number of dwelling units in the building. Such alterations must be

approved by the Joint Planning Board.

I. No repair, replacement, maintenance, improvement, or expansion of a nonconforming

use or structure in a floodplain area shall be allowed if such activity would jeopardize

the property’s continued eligibility in the National Flood Insurance Program, would

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increase flood damage potential or would increase the degree of obstruction to flood

flows in the floodway.

Section 904. Deck Additions to Nonconforming Structures in Shoreland

Deck additions are allowed to structures that do not meet the minimum setback from the ordinary

high water level, or to those structures that minimally meet the setback requirement to the

ordinary high water level, without a variance, provided:

A. The structure existed on the date the structure setbacks were established;

B. A thorough evaluation of the property reveals no reasonable location (no rear or side

yard setbacks remain on the site) for a deck which meets or exceeds the established

setback from the ordinary high water level;

C. The deck encroachment toward the ordinary high water level does not exceed fifteen

(15) percent of the existing setback of the structure from the ordinary high water level,

and does not encroach closer than thirty (30) feet; and,

D. The deck is constructed primarily of wood, and is not roofed or screened. Existing

decks constructed within a required setback shall not be expanded in any way,

including the addition of footings, walls, or a roof, except by approval of a variance.

Section 905. Significant Historic and Cultural Sites

No structure may be placed on a significant historic site in a manner that affects the values of the

site unless adequate information about the site has been removed and documented in a public

repository.

Section 906. Steep Slopes

No construction of structures, sewage treatment systems, roads or driveways or other

improvements may be undertaken on steep slopes within the jurisdiction of this Ordinance

without the completion of a Vegetative Management Plan by the Beltrami Soil and Water

Conservation District or other qualified entity. The Planning Administrator shall evaluate

possible soil erosion impacts and development visibility from public waters before issuing a

permit for the construction of sewage treatment systems, roads, driveways, structures, or other

improvements on steep slopes. Upon evaluation of the Vegetative Management Plan, the

Planning Commission may place necessary conditions in order to prevent erosion and to preserve

existing vegetation screening of structures, vehicles, and other facilities as viewed from the

surface of public waters, assuming summer, leaf-on conditions.

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Section 907. Bluff Impact Zones.

No structures, with the exception of stairways, lifts and landings, may be placed within bluff

impact zones. All structures must be set back at least thirty (30) feet from the top of a bluff.

Walkout basements shall not be allowed in bluff impact zones.

Section 908. Vegetative Alterations

Intensive vegetative clearing within shore and bluff impact zones and on steep slopes is not

allowed with the following exceptions:

A. Intensive vegetative clearing for forest land conversion to another use may be allowed

as a conditional use, with a Conditional Use Permit, provided that such clearing is not

undertaken in shore or bluff impact zones or on steep slopes. Such Conditional Use

Permit shall only be issued upon the completion of an erosion and sedimentation plan

prepared by the Beltrami Soil and Water Conservation District or other qualified entity,

and approved by the Joint Planning Board.

B. In shore and bluff impact zones and on steep slopes, limited clearing of trees and brush

and cutting, pruning and the trimming of trees is allowed, without a permit, in order to

provide a view to the water from the principal dwelling site and to accommodate the

placement of stairways, lifts and landings, picnic areas, access paths, livestock watering

areas, and beach and water craft areas provided that:

1. Vegetation alterations shall in no case exceed 50% of the brush and 25% of the

trees within the shore and bluff impact zones or on steep slopes. For the purpose of

this section, trees less than four (4) inches in diameter as measured at a height of

four (4) feet from the ground shall be considered brush.

2. The screening of structures, vehicles, or other facilities as viewed from the water,

assuming summer, leaf-on conditions, is not substantially reduced; and,

3. Along rivers, existing shading of water surfaces is preserved.

C. Vegetative alterations necessary for the construction of structures, sewage treatment

systems, or roads and parking areas regulated by Section 908 of this Ordinance are

allowed without a separate permit;

D. The above provisions are not applicable to the removal of trees, limbs, or branches that

are dead, diseased, or pose safety hazards.

E. Harvesting of timber as regulated under Section 910 of this Ordinance.

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Section 909. Topographic Alterations/Grading and Filling

Topographic alterations, including grading and filling, shall not be allowed without obtaining a

Conditional Use Permit from the Joint Planning Board.

A. Grading and filling and excavations necessary for the construction of structures, sewage

treatment systems, or driveways under validly issued permits for these facilities do not

require the issuance of a separate permit. Walls or other related structural components

necessary to meet state building code requirements shall be excluded from excavation

and fill calculation standards for shoreland alteration. However, the grading and filling

standards prescribed in this Section must be incorporated into the issuance of said

permits.

B. Excavation where the intended purpose is connection to public water such as boat slips,

canals, lagoons and harbors are allowed only with a Conditional Use Permit issued by

the Joint Planning Board. Such Conditional Use Permit shall only be granted after the

Commissioner of Natural Resources has approved the proposed connection to public

waters.

C. Extractive uses are not allowed without the issuance of a Conditional Use Permit by the

Planning Commission. The following conditions shall be incorporated into all

Conditional Use Permits granted for extractive uses in shoreland areas.

1. An extractive use site development and restoration plan must be developed,

approved, and followed over the course of operation of the site. The plan must

address dust, noise, possible pollutant discharges, hours and duration of operation,

and anticipated vegetation and topographic alterations. The plan must also identify

actions to be taken during operation to mitigate adverse environmental impacts,

particularly erosion, and must clearly explain how the site will be rehabilitated after

extractive activities end.

2. Processing machinery must be located consistent with setback standards for

structures from the ordinary high water level of public waters and from bluffs.

D. No permit shall be issued under this section unless the following conditions are

complied with:

1. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to

determine how extensively the proposed activity would affect the functional

qualities of the wetland, including: sediment and pollutant trapping and retention;

storage of surface runoff to prevent or reduce flood damage; fish and wildlife

habitat; recreational use; shoreline or bank stabilization; and noteworthiness,

including special qualities such as historic significance, and critical habitat for

endangered plants and animals. This evaluation must also include a determination

of whether the wetland alteration being proposed requires permits, reviews, or

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approvals by other local, state or federal agencies such as a watershed district, the

Minnesota Department of Natural Resources, or the United States Army Corp of

Engineers. The applicant will be so advised by the Planning Administrator.

2. Alterations must be conducted in a manner that ensures that only the smallest

amount of bare ground is exposed for the shortest time possible.

3. Mulches or similar materials must be used, where necessary, for temporary bare soil

coverage, and a permanent vegetative cover must be established as soon as possible.

4. Methods to minimize soil erosion and to trap sediments before they reach any

surface water feature must be used.

5. Altered areas must be stabilized to acceptable erosion control standards consistent

with the field office technical guides of the Beltrami Soil and Water Conservation

District.

6. Fill or excavated material must not be placed in a manner that creates an unstable

slope;

7. Excavated materials shall not be placed in such a manner as to create finished

slopes of 30 percent or greater. Plans to place fill or excavated material on steep

slopes must be prepared and approved by a registered engineer, a registered land

surveyor, or the Beltrami Soil and Water Conservation District to ensure continued

slope stability.

8. Fill or excavated material must not be placed in bluff impact zones.

9. Any alterations below the ordinary high water level of public waters must first be

authorized by the Commissioner of Natural Resources under Minnesota Statutes,

Chapter 103G.

10. Alterations of topography may only be allowed if they are accessory to permitted or

conditional uses and do not adversely affect adjacent or nearby properties.

11. Placement of natural rock riprap, including associated grading of the shoreline and

placement of a filter blanket, may be permitted if the design is prepared for the

individual site by the SWCD or DNR in accordance with required standards and

with a finished slope which does not exceed three feet horizontal to one foot

vertical, the landward extent of the riprap is within ten feet of the ordinary high

water level, and the height of the riprap above the ordinary high water level does

not exceed three feet. A shoreland alteration permit is required prior to any

excavation for these purposes. New Sand Beach Blankets not exceeding 400s.f. in

area, or the renewal of an existing Sand Beach Blanket not expanding the footprint

greater than 20%, may be approved by issuance of a shoreland alteration permit

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standards of Beltrami County and the DNR. Proposals over and above these

standards shall require the issuance of a CUP in accordance with Article XII of this

Ordinance.

Section 910. Placement and Design of Roads, Driveways and Parking Areas

A. Public and private roads and parking areas must be designed to take advantage of

natural vegetation and topography to achieve maximum screening from view from

public waters. Documentation must be provided to the Planning Administrator that all

roads and parking areas are designed and constructed to minimize and control erosion

to public waters consistent with the technical guides of the Beltrami Soil and Water

Conservation District, or other technical materials.

B. Roads, driveways, and parking areas must meet structure setbacks and must not be

placed within bluff or shore impact zones or wetland areas when other reasonable and

feasible placement alternatives exist. If no alternatives exist, they may be placed within

these areas if designed to minimize adverse impacts but only with a conditional use

permit and only if the grading and filling requirements under this Ordinance are met.

C. Public and private water craft access ramps, approach roads, and access-related parking

areas may be placed within shore impact zones provided that the vegetative screening

and erosion control conditions of this section are met. For private and public facilities,

the grading and filling provisions prescribed in Section 907 of this Ordinance must be

met. Private and public water craft access ramps require a Conditional Use Permit. No

private watercraft access ramps are allowed if fill would be needed to be placed in a

type 2 through 8 wetland. No private watercraft access ramps will be allowed on lakes

where there is an existing public access except that a private watercraft access ramp,

approach road and access-related parking area for a Surface Water-oriented

Commercial Use may be allowed only by a conditional use permit.

D. Private access across wetlands is allowed, with the issuance of a permit, provided that

the following conditions are met:

1. Access across wetland areas must be by means of a constructed board walk.

2. The board walk must not exceed six (6) feet in width or two (2) feet in height above

grade.

3. If required, permits from and compliance with other official controls.

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Section 911. Special Provisions for Agricultural Uses

Agricultural practices and associated uses are allowed only under the following circumstances:

A. Agricultural practices and associated uses conducted consistent with the provisions of

Agricultural and Water Quality “Best Management Practices for Minnesota”, shall be

allowed without a permit. A copy of this document is on file at the offices of the

Planning Administrator.

B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod

farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff

impact zones are maintained in permanent vegetation or operated under a conservation

plan approved by the Beltrami Soil and Water Conservation District.

C. New animal feedlots are not allowed in shoreland areas. Legally established

nonconforming feedlots must meet the following standard:

Modifications or expansions to existing feedlots that are located within 300 feet of the

ordinary high water level or within a bluff impact zone are allowed if they do not

further encroach into the existing ordinary high water level setback or encroach on bluff

impact zones. All feedlots must comply with Minnesota Pollution Control Agency

Rules Chapter 7020.

D. Use of fertilizer, pesticides, or animal wastes within shoreland areas must be done in

such a way as to minimize impact on the shore impact zone or public water by proper

application or use of earth or vegetation.

Section 912. Special provisions for Forest Management

The harvesting of timber and associated reforestation or conversion of forested use to a non-

forested use must be conducted such that timber harvesting and associated reforestation must be

conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution

Assessment - Forestry and the provisions of Water Quality in Forest Management “Best

Management Practices in Minnesota.” A copy of this document is on file at the office of the

Planning Administrator.

Section 913. Standards for Commercial, Industrial, Public, and Semipublic Uses

No surface water-oriented commercial uses and industrial, public or semipublic uses shall be

allowed on parcels or lots with frontage on public waters without a Conditional Use Permit

issued by the Joint Planning Board. The issuance of such a permit shall be subject to the

following conditions:

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A. In addition to meeting impervious coverage limits, setbacks, and other zoning standards

presented elsewhere, the uses must be designed to incorporate topographic and

vegetative screening of parking areas and structures.

B. Uses that require short-term water craft mooring for patrons must centralize these

facilities and design them to avoid obstructions of navigation and to be the minimum

size necessary to meet the need.

C. Uses that depend on patrons arriving by water craft may use signs and lights to convey

needed information to the public, subject to the following general standards:

1. No sign shall be erected or placed in shoreland areas without a sign permit issued

by the Planning Administrator.

2. No advertising signs or supporting facilities for signs may be placed in or upon

public waters. Signs conveying information or safety messages may be placed in or

on public waters by a public authority or under a permit issued by the Beltrami

County Sheriff.

3. Signs may be placed within the shore impact zone, when necessary and in

compliance with the underlying zoning district, only if they are designed and sized

to be the minimum necessary to convey needed information. They must only

convey the location and name of the establishment and the general types of goods

or services available. The signs must not contain other detailed information such as

product brands and prices, must not be located higher than ten feet above the

ground, and must not exceed 32 square feet in size. If illuminated by artificial

lights, the lights must be shielded or directed to prevent illumination out across

public waters.

4. Other outside lighting may be located within the shore impact zone or over public

waters if it is used primarily to illuminate potential safety hazards and is shielded or

otherwise directed to prevent direct illumination out across public waters. This

does not preclude use of navigational lights.

5. Uses without water-oriented needs must be located on lots or parcels without public

waters frontage, or, be set back double the normal ordinary high water level setback

and be substantially screened from view from the water by vegetation or

topography, assuming summer, leaf-on conditions.

6. Other sign regulations may apply depending on the underlying zoning district as

noted in Article VII of this Ordinance.

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Section 914. Storm Water Management

A. All construction within the shoreland overlay shall require a storm water management

plan prior to issuance of any permit, except for one and two family dwellings. Plan

shall include as a minimum, contour intervals, volume of water, drainage easements,

direction of flow and any other pertinent data requested at time of application.

B. If a project cannot meet the shoreland limitation for impervious surface of twenty five

(25%) percent maximum, an engineering plan, provided by a licensed civil engineer, or

registered land surveyor, indicating that there will be no additional post development

runoff with the addition of alternative impervious surfaces (including rain gardens,

pervious pavers or pavement systems, green roofs, underground treatment, etc.) may be

submitted for review and approval by the Planning Administrator, subject to prior

engineering review and a maintenance plan. Approved alternative pervious surfaces of

up to an additional twenty five (25%) percent over and above traditional impervious

surface materials may be considered for approval.

C. No new drainage way for storm water runoff may be constructed without a Conditional

Use Permit issued by the Joint Planning Board. The issuance of such a permit shall be

subject to the following conditions:

1. When possible, existing natural drainage ways, wetlands and vegetated soil surfaces

must be used to convey, store, filter, and retain storm water runoff before discharge

to public waters.

2. All development must be planned and conducted in a manner that will minimize the

extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay

runoff volumes. Disturbed areas must be stabilized and protected as soon as

possible and facilities or methods used to retain sediment on the site.

3. When development density, topographic features, and soil and vegetation

conditions are not sufficient to adequately handle storm water runoff using natural

features and vegetation, various types of constructed facilities such as diversions,

settling basins, skimming devices, dikes, waterways, and ponds may be used.

Preference must be given to designs using surface drainage, vegetation, and

infiltration rather than buried pipes and man-made materials and facilities.

4. Impervious surface coverage of lots must not exceed 25 percent of the lot area,

except existing commercial lots in the Downtown Business District and as

otherwise permitted in accordance with Section 912 (B) above.

5. When constructed facilities are used for storm water management, they must be

designed and installed consistent with the field office technical guide of the

Beltrami Soil and Water Conservation District.

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6. Newly constructed storm water out falls to public waters must provide for filtering

or settling of suspended solids and skimming of surface debris before discharge.

7. A complete and adequate drainage system plan for the project shall be provided.

The plan shall be designed by a professional engineer, or registered land surveyor

for areas where greater than 1 acre of site disturbance is involved. The plan shall

include a storm sewer system or a system of open ditches, culverts, pipes, and catch

basins, or both systems. Such system or systems shall be designed in conformity

with the adopted Policy Guidelines of the “Surface Water Management Plan and

Stormwater Design Guide Report Dated January 2008, as may be amended; and/or

other applicable standards and policies of the Joint Planning Board. Stormwater

management and Erosion Control Plans shall conform to all required local, state and

federal permit and ordinance provisions as they may apply to land development in a

specific location.

Section 915. PUD Site Suitability Evaluation in Shoreland Areas

Proposed new planned unit developments (PUDs) or expansions to existing PUDs shall be

evaluated using the following procedures and standards to determine the suitable area for the

dwelling unit/dwelling site evaluation described in this Section.

In shoreland areas, the project parcel must be divided into tiers by locating one or more lines

approximately parallel to a line that identifies the ordinary high water level at the following

interval, proceeding landward:

A. General Development lakes (GD) 200 Ft., additional tiers 267 Ft.

B. Recreational Development lakes (RD) 267 Ft.

C. Rivers and Tributaries (ex. Scenic) 300 Ft.

The suitable area is next calculated by excluding all wetlands, bluffs, and land below the

ordinary high water level of public waters. In shoreland areas the suitable area shall be

calculated for each tier. This suitable area and the proposed development are then subjected to

either the residential or commercial planned unit development density evaluation steps to arrive

at an allowable number of dwelling units or sites within each tier.

Section 916. Shoreland PUD Density Evaluation

The procedures for determining the allowable density of residential and commercial PUDs in

unsewered shoreland areas are as follows: Allowable densities may be transferred from a tier to

any other tier farther from the public water, but shall not be transferred to any tier closer to the

public water.

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A. To determine the allowable density for Residential Planned Unit Developments:

1. For lakes, the suitable area within each tier is divided by the single residential lot

size standard for the applicable management district.

2. Proposed locations and numbers of dwelling units or sites for residential PUDs are

then compared with the tier, density, and suitability analyses herein and the

maintenance and design criteria prescribed in Section 1104 of this Ordinance.

B. To determine the allowable density for Commercial Planned Unit Developments:

1. The average inside living area size of dwelling units or sites is computed for each

tier. Computation of inside living area need not include decks, patios, stoops, steps,

garages, porches or basements unless such areas are habitable space;

2. The appropriate floor area ratio is then selected from the following table based upon

the average unit floor area for the appropriate public water classification, as noted

below:

Commercial Planned Unit Development*

GD Lakes (Other);

Average Unit GD Lakes (Tier 1); Recreational

Floor Area (sq. ft.) Areas Development lakes

200 or less .040 .020

300 .048 .024

400 .056 .028

500 .065 .032

600 .075 .038

700 .082 .042

800 .091 .046

900 .099 .050

1,000 .108 .054

1,100 .116 .058

1,200 .125 .064

1,300 .133 .068

1,400 .142 .072

1,500 .150 .075

*For recreational camping areas, use the ratios listed for the average floor area of

400 square feet. Manufactured home sites in recreational camping areas shall use a

ratio equal to the size of the manufactured home, or if unknown, shall use the ratio

listed for the average floor area of 1,000 square feet.

3. The suitable area within each tier is multiplied by the floor area ratio to yield the

total floor area in each tier allowed to be used for dwelling units or sites;

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4. The total floor area for each tier is divided by the average living area size to yield

the number of dwelling units or sites allowed for each tier;

5. Proposed locations and numbers of dwelling units or sites for the commercial

planned unit developments are then compared with the tier, density and suitability

analyses herein and the maintenance and design criteria prescribed in Section 1104.

C. Increases to the dwelling unit base densities as determined by the Base Density

Evaluation prescribed by this section are allowed provided that the density standards

prescribed by Section 901 and design criteria provided in Section 1104 are complied

with. The allowable density increase presented in this section will only be allowed if

structure setbacks from the Ordinary High Water Level are increased to at least fifty

(50) percent greater than the minimum setback. The allowable dwelling unit density

increases for residential planned unit developments is as follows:

Density Evaluation Maximum Percent Density Increase

Tiers Outside City Limits Inside City Limits

First 50 50

Second 0 100

Third 0 200

Fourth 0 200

*The multiplier shall not apply to any river or stream segments nor to natural

environment, sensitive area and special protection lakes.

Section 917. Shoreland Residential PUD Density Evaluation and Flexibility Option

Planned unit developments served, or to be served, by municipal sewer, shall be allowed with the

issuance of a Conditional Use Permit by the Joint Planning Board, and shall be administered in

accordance with the provisions of Section 913 of this Ordinance. In the LD and UR districts

only, a flexibility option to normal development is available to allow greater densities and taller

buildings in redeveloping areas in accordance with the rules established below:

In lieu of following the tier and base density evaluation standards under Section 913 of this

Ordinance, a residential planned unit development may be developed at a minimum setback of

200 feet from the Ordinary High Water Mark from a public water, provided such use is allowed

in the underlying zoning district, in accordance with the use table located in Article III. of this

Ordinance. If the minimum setback of 200 feet is elected, the proposed development may be

permitted to transfer all allowable densities from the back tiers forward, starting at the 200 foot

setback line. The proposed development shall otherwise meet the minimum shoreland standards

for residential planned unit developments, except that the tier impervious surface limitation may

be relaxed to accommodate the allowable increased density, as long as the development as a

whole does not exceed the allowable impervious surface defined in the underlying zoning

district(s). The lot size standard used for the calculation of base density in a sewered residential

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planned unit development shall be as defined in Section 901 Minimum Size of Lots, except in

the LD and UR zoning districts. Property in the LD and UR zoning districts shall comply with all

other requirements of the ordinance with the exception of the following modified performance

based zoning criteria;

A. If flexibility is elected, a proposed residential PUD project shall not exceed allowable

impervious surface area as defined in the underlying zoning district.

B. The maximum height for a Residential PUD is thirty five (35) feet. That height may be

increased in accordance with the formulas in 3 & 4 below. In no case shall the

maximum height exceed 65 feet.

C. For each one percent (1%) of additional pervious surface preserved beyond the

minimum required in the underlying zoning district the developer may add an

additional two (2) feet of height not to exceed the maximum 65 feet.

D. For each additional five (5) feet of setback beyond the required 200 foot setback, the

proposed development may add an additional two feet of height not to exceed the

maximum 65 feet.

E. A combination of 3 & 4 above may be used to calculate the maximum allowable height

not to exceed a total height of 65 feet.

F. Structures that exceed 35 ft. in height shall exhibit an uneven horizontal façade

approximately parallel to the OHWM wherein the area of the building that exceeds the

maximum height of 65 ft. shall have an equal amount of building façade parallel to the

OHWM that is below the 35ft mark.

G. In the UR district, the JPB shall review each proposal to determine the feasibility of

additional green space beyond that required in the underlying district. Approval shall

include dedicated additional green space if feasible.

Section 918. Controlled Access and Recreation Lots

Controlled access in recreation lots. A riparian lot which is intended to be used as a controlled

access to public waters for nonriparian lots and/or dwelling units in any existing or proposed

subdivision, out lot development or planned unit development shall require a conditional use

permit and shall comply with the following:

A. Access lots must meet the minimum width and area requirements for residential lots

and shall be suitable for access. In addition, the access lots shall have a minimum width

of 200 feet at the water line and shall extend a minimum of 400 feet back from the

ordinary high-water level or to the back limits of the development, whichever is greater.

If docking, mooring, or over-water storage of watercraft is allowed at a controlled

access lot, the width of the lot must be increased by the percent of the minimum lot

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width requirement for riparian residential lots for each watercraft beyond six, consistent

with the following table:

Ratio of Lake Size (in Acres) to

Shore Length (in miles)

Required Increase

in Frontage (%)

Less than 100

100-200

201-300

301-400

More than 400

B. A minimum of 25-foot side yard area on both sides of the private access lots shall be

maintained with vegetative cover screening abutting lots.

C. The ownership and the responsibility for the maintenance and upkeep of a private

access shall be vested in an incorporated association of the dwelling unit owners and

their successors in interest who have access privileges over and upon such lots. The

nonriparian dwelling units and lots shall be subjected to restrictive conditions and

covenants for the equitable proration and assessment of the cost of maintenance and

upkeep of the private access lot. Covenants must be developed which specify which lot

owners have authority to utilize the access lot and activities that are allowed on such

lots. Further, the covenants shall limit the total number of vehicles parked and

watercraft moored, docked, beached or otherwise situated to be visible to users of the

public water to a maximum of one of each per lot served. Covenants must require

centralization of all facilities and activities in the most suitable locations of the lot to

minimize topographic and vegetative alterations. They must also require all buildings,

parking areas and other facilities to be screened by vegetation or topography, as much

as practical, from view from the public water, assuming summer, leaf-on conditions.

D. The construction of any facility, including docks, roadways, launching facilities,

playgrounds, parking facilities, or sports and game facilities, on any private access lot

shall require the issuance of a conditional use permit. The application for such permit

shall be made by the corporation charged with the maintenance and upkeep of the lot.

All facilities, with the exception of docks, must meet the setback provisions specified in

Section 901 (D) of this Ordinance.

E. No watercraft access lot may provide access rights for more than 25 nonriparian lots

not served by municipal sewer.

F. Reversion of developed or undeveloped controlled access and recreation lots, whether

specifically implied or inferred, and whether originally approved via a CUP, PUD, Plat,

CIC, and/or any other public approval process or not; may only be permitted for the

individual development of a parcel by approval of a CUP as required by Section 1205

of this Ordinance.

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ARTICLE X

PERFORMANCE STANDARDS

Section 1001. Purpose

The performance standards established in this section are designed to encourage a high standard

of development by providing assurance that neighboring land uses will be compatible. These

standards are also designed to prevent and eliminate conditions that cause blight. Before any

land use or building permit is approved, the Planning Administrator shall determine whether the

proposed use will conform to the performance standards. An applicant shall supply data

necessary to demonstrate such conformance.

The performance standards shall apply to future development and to existing development within

compliance periods as noted in individual sections. Compliance may be waived by the Joint

Planning Board if a building condition created under prior ordinances physically precludes the

reasonable application of the standards

Section 1002. Exterior Storage and Outdoor Display of Merchandise

A. Exterior Storage

In R-1, R-2, R-3, R-4, R-5, R-6, and MH, Districts, all materials (trash, waste, refuse or

any other items deemed a nuisance by the JPB Staff) and equipment shall be stored

within a building or be fully screened so as not to be visible from adjoining properties.

Exceptions include:

1. Construction and landscaping equipment, materials, etc., currently being used on

the premises in connection with an approved land use, building, or site plan

approval permit. Such items shall not be allowed to remain upon expiration of such

permit(s), or when the work is completed, whichever occurs sooner;

2. Agricultural equipment and materials if being actively used for farming, and

intended for use on, or off of the premises on a regular basis;

3. Off-street parking of operable passenger automobiles and pick-up trucks;

4. Passenger cars, trucks, or other vehicles in an obviously inoperative state due to

age, damage, dismantled or malfunction shall not be parked outside in residential

districts for a period exceeding seven (7) consecutive calendar days;

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5. In R-2 Districts, boats, trailers, recreational vehicles, and campers less than 40 feet

in length, if stored at least 10 feet from all property lines. In R-3, R-4, R-5, R-6 and

MH Districts, boats, trailers, recreational vehicles, and campers less than 20 feet in

length, if stored in a rear yard at least 10 feet from all property lines. All vehicles

that are deemed inoperative shall be screened with an opaque fence.

6. For all uses, except one and two family residences, which provide exterior and/or

accessory trash, recycling or associated storage, the following standards shall be

required:

a. Such areas shall be completely screened and enclosed on all sides, except the

roof, with an enclosure or screening wall a minimum of six (6) feet in height.

b. The enclosure shall be provided with a secure door and/or opening device to

allow regular servicing and pick up of materials.

c. The construction materials for the enclosure shall be of a durable and fully

opaque material which cannot be seen through.

d. The enclosure exterior design materials shall be compatible or of the same

composition and appearance with that of the principal structure.

e. The enclosure, if designed as an accessory structure with a roof or located

within 10 feet of the principal or accessory structure where building code

inspections are required, shall be permitted in accordance with the requirements

of the building code.

7. In LC, LD, UR, OM and U districts, no materials or equipment may be stored

outside except those directly related to the principal use or those being used for

construction on the premises.

B. Outdoor Display of Merchandise and Open Sales Lots:

The following standards shall apply to any outdoor displays of merchandise and open

sales lots in all districts where permitted:

1. Shall not occupy more than 25% of the required front yard setback area.

2. Shall be set back a minimum of 15 feet from any front yard property line, street or

alley right-of-way line.

3. Shall not occupy any required minimum front yard green space area.

4. Shall only be located upon an improved hard surface consisting of bituminous,

concrete, pavers or an equally durable surface.

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5. Shall not occupy any of the minimum required parking spaces associated with the

current use of the property.

6. Shall not exceed more than 25% of the maximum allowable impervious surface

requirements of the district in which it is located, except by approval of a

conditional use permit.

7. Shall be in compliance with the lighting standards of this Ordinance.

8. Shall be in compliance with the sign standards of this Ordinance.

9. Merchandise shall be maintained in condition for immediate sale or rent and there

shall be no storage of inoperable, dismantled or partially dismantled vehicles,

equipment or supplies allowed for display.

10. Permanent display areas should be accented with landscaping to provide a

‘Northwoods Character’ appearance.

C. Outdoor Display of Merchandise for Major Open Sales Lots:

The following standards shall apply to any outdoor display of merchandise and major

open sales lots in all districts where permitted by IUP: All standards set forth in this

Section above shall be met, except as may be approved in accordance with the

following:

1. Merchandise display area shall not exceed more than 75% of the maximum

allowable impervious surface requirements of the district in which it is located.

2. A live landscaping plan shall be approved with the IUP in order to provide the

appearance of a North Woods Character on the parcel. Landscape planting shall be

in accordance with Section 1006 of this Ordinance.

3. A minimum of at least 8% of the merchandise display and parking lot area shall

have live landscaping, including trees, within the interior of such areas, including

circulation areas.

Section 1003. Sight Visibility Triangle

Notwithstanding any other provision of this Ordinance, no buildings, structures, permanent or

portable signs, parking spaces, fences, utility equipment, landscaping nor any other object may

be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a

height of 3 feet and 10 feet above curb grade, or street centerline elevation where no curb exists,

except for sign support poles less than eight (8) inches in diameter within the required sight

visibility triangle of a street intersection or driveway intersection with a street.

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Required Corner Visibility

Speed Limit (miles per hour)

Size of Corner Visibility Triangle

30 or less

25 feet measured from curb or paving

30 feet measured from curb or paving

25 feet measured from property line

33 feet measured from property line

<50

43 feet measured from p/l or curb

>55

60 feet measured from p/l or curb

At intersections of two streets, the sight visibility triangle for the street with the higher speed

limit applies. The size of the triangle may be increased by the JPB, or road authority, when

deemed necessary for traffic safety alignment or other factors that require increased corner

visibility. This sight visibility standard shall not apply within the portion of the UR District

where development follows the zero lot line dimensional standards. For purposes of this section,

that “distance measured from curb” at an intersection of two streets or roads shall be determined

from a point where the extension of the curb from the two streets or roads meet and, at an

intersection of a street or road and a driveway, the distance shall be measured from the point of

the curb cut for the driveway.

Section 1004. Fences

This section shall apply to all fences constructed after adoption of this ordinance. All boundary

line fences shall be entirely located upon the property of the person constructing such fence

unless the owner of the property adjoining agrees, in writing, that such fence may be erected on

the division line of the respective properties. Fences shall not exceed four (4) feet in height

within the required front or exterior side yard setback in residential districts, six and one-half (6

½) feet in height within the required side or rear yards in residential districts, . On corner lots in

residential districts fences shall not exceed a height of three (3) feet above curb grade, or street

centerline elevation where no curb exists within the required sight distance triangle unless the

fence is made of open, decorative, or ornamental materials which are a maximum of 50%

opaque, and which do not create a site obstruction for drivers.

Fences shall not exceed eight (8) feet in height in the required side or rear yard setback in non-

residential districts Fences shall not obstruct the required sight distance triangle in non-

residential districts. Fences shall not exceed six (6) feet in height in the required front yard

setback nor shall they obstruct the view of the principle structure from the street except with the

issuance of a CUP, IUP or variance.

Any posts or similar structural member used in the construction of a solid board fence shall be

constructed to face inward towards the property being fenced, so as not to be visible from

adjacent properties. Fence designs which partially conceal posts and structural members such as

alternating board and basket weave fences are exempt from this requirement.

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Fences constructed in the rear yard on parcels defined as a through or double fronted lot, may be

erected and/or maintained up to the maximum height allowed for the district provided the fence

is not located within the sight visibility triangle and there is no driveway access from the

adjacent roadway. Fences in violation of this standard are nonconforming and shall be removed

within six (6) months of notice from JPB Staff or any other governmental authority.

Section 1005. Screening

Screening shall be provided on all parcels where:

A. Any off-street parking area contains more than four (4) parking spaces and is adjoining

a residential zone.

B. Where any business or industrial use (i.e. structure, parking or storage) is adjacent to or

within 100 feet of property zoned for residential use, that business or industry shall

provide screening along the boundary of the residential property. Screening shall also

be provided where a business or industry is across the street from a residential zone, but

not on that side of business or industry that is considered to be the front. The screening

required shall consist of a wall, fence or densely planted compact evergreen hedge not

less than five (5) feet or more than eight (8) feet in height that blocks direct vision but

shall not extend to within fifteen (15) feet of any street right-of-way. Landscaping

shall be required between the screening and pavement. All required screening shall be

installed by the owner of property which creates the need for said screening. Compact

Evergreen Hedges may initially be planted according to the Landscaping Requirements

as a potted or ball and burlap plant measuring a minimum of no less than three (3) feet

in height. While many evergreens are slow growing, others can grow quite quickly

once established. Most evergreens, such as pine or spruce trees, and other coniferous

landscape approved species are allowed to grow naturally to required minimum heights.

Such plantings to meet this definition shall ensure there is enough room on all sides for

such trees to spread out and achieve their normal expected maturity height and width.

An approved planting plan shall also be defined so as to ensure there is adequate room

for roots to spread out. If tree roots are confined to a small area because of buildings,

walks, driveways, roads, alleys, adjoining site improvements, etc. (roots will not grow

under hard surfaces), the root system will eventually be too small to provide for the size

of the tree or hedge. If the trees or hedge then stops growing, declines, or eventually

dies, or leaves gaps in the approved screening barrier, then the definition of a compact

evergreen tree or hedge for required screening under this ordinance shall no longer exist

and may be subject to compliance or enforcement actions as defined under this

Ordinance. For foundation plantings or shrub beds, many dwarf evergreens species

shall be defined as meeting this definition. Such species shall include, but not be

limited to various common names such as, Arborvitae, Japanese Yew, Hemlock,

Junipers, etc.

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Section 1006. Landscaping Requirements

In all zoning districts, all open areas on a lot not used for approved buildings, driveways,

parking, patios, pools and similar improvements, shall have a vegetative cover, including grass

seed or sod, and be kept free of noxious weeds and plants. Vegetative cover may include lawns,

other landscaping vegetation, or indigenous plant species, provided that the vegetative cover also

complies with other applicable property maintenance code requirements. Rocks, boulders, etc.

may be used as an accent material within the landscape design, but shall not cover a majority of

any area calculated to meet required green space areas on a development site.

Open space requirements by zoning district:

Zoning District

Minimum Required Green Space

Rural Area (R-1)

75%

Suburban Residential (R-2)

75%

Suburban Residential (R-3)

70%

Moderate Density Residential (R-4)

60%,or 40% with approved CUP

High Density Residential (R-5)

60%,or 40% approved CUP

Multiple Family (R-6)

75% (unsewered) - 30% (sewered)

Manufactured Housing Park (MH)

60%

Low Density Commercial (B-1)

40%

General Commercial (B-2)

20%

Lake Oriented Commercial (LC)

30%

Lake Oriented Development (LD)

40% (w/flexibility)

Urban Renaissance Area (UR)

Office/ Medical (OM)

50%

University (U)

70%

Light Industrial (I-1)

20%

General Industrial (I-2)

30%

Shoreland Overlay (SH)

75%

Trunk Highway 197 Overlay

30%

A. Native Landscaping

1. Purpose: To prohibit the uncontrolled growth of vegetation, while encouraging the

planting and maintenance of native vegetation, edible landscapes, and rain gardens.

There are reasonable expectations regarding the proper maintenance of vegetation

on any lot or parcel of land.

2. Definition of Landscape Area: The area of the lot between the minimum building

setback and the street of the official address of the lot.

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3. Design Required: Ornamental plants; and grasses; or vegetable and fruit bearing

plants are allowed in the landscape area, but they must be planted pursuant to a

design. The design must either be created by a professional landscape designer or

be consistent with Model Community Soil and Water Conservation District

(SWCD) standards.

4. Setbacks: A three (3) foot setback must be provided along the sidewalk or street. A

one (1) foot side yard setback is required but may be reduced to 0 feet if:

a. A fence is installed adjoining the landscape area, or

b. The planted area abuts:

i. a restoration area on any adjoining lot,

ii. a public park or open space,

iii. a vacant lot,

iv. a wetland, pond, lake, stream, or natural area, or

c. The landscape area is located on slopes equal to or greater than three feet

horizontal to one foot vertical (3:1).

5. Plants Allowed: Ornamental plants; native plants and grasses; and fruit and

vegetable bearing plants are allowed.

6. Restoration and Establishment of Native Plant Communities: Restoration or

establishment of native plant communities is allowed in the rear, side or front yard.

Restoration projects should be consistent with the MN DNR’s brochure, How to

Use Native Plants for Landscaping and Restoration in Minnesota. Ornamental

plants; native plants and grasses; and fruit and vegetable bearing plants are allowed.

7. Unattended Vegetation: Every owner and responsible party who fails to keep

private property clear of unattended vegetation is in violation of this article and

subject to the remedies and enforcement specified herein.

8. Prohibited Vegetation: Every owner and responsible party is in violation of this

Ordinance and subject to the remedies and enforcement specified herein if they fail

to keep their private property clear of vegetation that:

a. That presents a fire hazard;

b. That attracts or harbors disease vectors;

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c. That obstruct sight lines for the traveling public on streets or alleys; or that

includes noxious weeds or secondary noxious weed as identified by the State

Commissioner of Agriculture pursuant to M.S. 18.171, Subd. 5.

B. For new construction and major building additions the following tree planting

requirements shall apply for all parcels as the minimum number of trees required for

development:

1. One and Two Family Dwellings shall preserve existing or plant at least two (2)

trees between the front property line and the minimum front yard setback line. For

corner lots there shall be a minimum of two (2) trees per street frontage.

2. Multiple Family Dwellings shall preserve existing or plant at least one (1) tree per

30 lineal feet of street frontage between the front property line and the minimum

front yard setback line. The development site plan submitted for approval shall

provide a landscape plan which provides a minimum total tree count as follows:

a. < 1 acre = 1 tree per 600s.f. of minimum required pervious site surface.

b. 1 – 3 acres = 1 tree per 900s.f. of minimum required pervious site surface.

c. > 3 acres = 1 tree per 1,200s.f. of minimum required pervious site surface.

3. Commercial Zoning Districts. Developments shall preserve existing, or plant at

least one (1) tree per 50 lineal feet of street frontage between the front property line

and the minimum front yard setback line. As part of the development site plan

submitted for approval, the landscape plan shall also include a minimum total tree

count according to required minimum green space as follows:

a. <1 acre = 1 tree per 800s.f. of minimum required pervious site surface.

b. 1 – 3 acres = 1 tree per 1,100s.f. of minimum required pervious site surface.

c. > 3 acres = 1 tree per 1,400s.f. of minimum required pervious site surface.

4. Industrial Zoning Districts. Developments shall preserve existing, or plant at least

one (1) tree per 50 lineal feet of street frontage between the front property line and

the minimum front yard setback line; or a minimum of 4 trees, whichever is less.

As part of the development site plan submitted for approval, the landscape plan

shall also include a minimum total tree count according to required minimum green

space as follows:

a. <1 acre = 1 tree per 1,600s.f. of minimum required pervious site surface.

b. 1 – 3 acres = 1 tree per 2,200s.f. of minimum required pervious site surface.

c. > 3 acres = 1 tree per 3,800s.f. of minimum required pervious site surface.

5. Modifications to the tree planting standards may be approved by the Joint Planning

Board for unique or unusual conditions associated with the development.

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6. Locations of Tree Planting: Trees shall be planted on the site based on the proposed

use with special consideration to restoration areas including steep slopes, common

areas, buffer zones between different land uses and/ or activities, and project

entrance areas. If there is a lack of sufficient suitable area on the site, the Joint

Planning Board may consider allowing planting on other land, especially on or

adjacent to land owned by a participating jurisdiction on the Joint Planning Board

(LGU). Areas required to be developed as “green space” within the parking lot are

required to contain at least one tree per each island.

7. Size and Types of Trees.

a. Trees must be no less than the following sizes when planted:

b. Deciduous trees shall be no less than one and three quarter (1.75) caliper inches;

except on steep slopes (e.g. slopes greater than 3:1), and for slow growth

deciduous trees such as Bur Oak, Ironwood, etc. which may be no less than 1.25

caliper inches.

c. Coniferous trees shall be no less than four (4) feet high, except on steep slopes

where coniferous trees shall be no less than three (3) feet in height.

d. All tree planting requirements shall be completed prior to building occupancy.

Tree planting requirements which cannot be completed prior to building

occupancy shall post with the JPB a landscaping performance bond or escrow to

be held until the required planting is completed.

e. As an alternate to the preceding two size requirements, the Joint Planning Board

may approve an off-premise planting size which includes seedlings or bare root

stock. The plan must provide for an increased quantity of trees, a watering

maintenance provision, and the total caliper inches in the 3

year after planting

must equal the above required caliper or size requirements. Required escrow

and landscaping performance guarantees shall be held by the JPB during this

additional time period until a final inspection is completed and approved.

f. Trees planted shall be the same species or similar to the trees which are lost or

removed from a development site. A suggested list of desired trees is shown in

the Table below. In most situations it is recommended that not more than forty

per cent (40%) of the trees be from the same species when planting more than

twenty (20) trees. Indigenous high quality species are preferred.

8. Tree Planting Table

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DECIDUOUS TREES

COMMON NAME

BOTANICAL NAME

Norway Maple

Acer Platanoides

Cultivars

Cleveland

Red Maple

Acer Rubrum

Cultivars

Northwood, Firedance

Silver Maple (seedless)

Acer Saccharinum “Silver Queen”

Sugar Maple

Acer Saccharum

Cultivars

Green Mountain

River Burch

Betula Nigra

Hackberry

Celtis Occidentalis

Green Ash

Fraxinus Pennsylvanica

Cultivars

Kindred, Newport, Bergeson, Marshall’s,

Seedless, Patmore, Summit

Ginko

Ginko Biloba (male only)

Honey Locust

Gleditsia Triacanthos

Kentucky Coffeetree

Gymnocladus Dioica

Ironwood

Ostrya Virginiana

Robusta Poplar

Poplux X Robusta

Siouxland Cottonwood

Polus Deltoides X Sioukland

White Oak

Quercus Alba

Swamp White Oak

Quercus Bicolor

Pin Oak

Quercus Palustris

Northern Red Oak

Quercus Rubra

American Linden (Basswood)

Tilia Americana

Small-Leaved Linden (Basswood)

Tilia

Cultivars

Glenleven, Greenspire

Redmond Linden

Tilia Americana “Redmond”

Yellow Birch

Betula Lutea

Paper Birch

Betula Alba Papyrifera

Bur Oak

Quercus Macrocarpa

Black Ash

Fraxinus Nigra

Black Walnut

Juglans Nigra

Pagoda Dogwood

Cornus Alternifolia

Hawthorne

Crataegus

American Plum

Prunus Americana

Black Cherry

Prunus Serotina

Northern Pin Oak

Querucus Ellpsoidalis

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CONIFEROUS TREES

COMMON NAME

BOTANICAL NAME

Balsam Fir

Abies Balsamea

White Fir

Abies Concolor

European Larch

Larix Decidua

Black Spruce

Picea Mariana

Jack Pine

Pinus Bankslana

Austrian Pine

Pinus Laricio Austriaca

Ponderosa Pine

Pinus Ponderosa

Norway Pine

Pinus Resinosa

Scotch Pine

Pinus Sylvestris

White Pine

Pinus Strobes

Douglas Fir

Pseudotsuga Taxifolia

Canadian Hemlock

Tsuga Canadensis

Colorado Spruce

Picea Pungens

Northern and Eastern White Cedar

Thuja Occidentalis

White Spruce

Picea Glauca

Tamarack/ Larch

Larix Laricina

Section 1007. Tree Preservation

A. Purpose

The Greater Bemidji Area desires to preserve significant trees in urban, rural and other

areas identified as containing substantial forested areas with high quality mature tree

cover. When significant trees are lost through removal, grading, or other action, the

Greater Bemidji Area, property interests and the general welfare may be impacted by

such tree loss. More specifically, the purpose of this section is to:

1. Promote protection of significant trees and overall tree cover for the benefits which

they provide including: aesthetic value and contribution to the community’s image,

shading and cooling, air quality, energy use reduction, buffering, enhancement to

property values, tourism, erosion control, noise reduction, and support of wildlife

and natural habitats.

2. Preserve standing tress on undeveloped land until development occurs.

3. Recognize and protect the natural environment consistent with the community’s

goals and the Greater Bemidji Area Land Use Plan by preserving “old growth” and

protection of significant high quality mature tree cover areas.

4. Establish requirements on cutting, removal or destruction of high quality significant

trees and identified high quality tree cover areas.

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5. Establish reasonable requirements for the preservation and of high quality

significant trees and overall canopy coverage in an effective manner.

6. Ensure fair and reasonable development opportunities for the Greater Bemidji Area

in a manner which does not create over burdensome regulations.

7. Ensures that tree replacement will occur when high quality significant trees are

damaged during site development and grading activities.

8. Provides fair, understandable, cost effective administration, and enforcement of tree

preservation regulations.

B. Applicability

The provisions of this section shall apply to all land use activity in the Greater Bemidji

Area, except as may otherwise be regulated under section 1104 C of this Ordinance.

For developments which only involve street, utility, drainage or other site

improvements which result in a loss of high quality significant trees, the requirements

under this Section shall apply only to the disturbed areas of the property.

C. Exclusions

The provisions of this section shall not apply to commercial nurseries in the business of

growing and selling trees, or active tree farms or commercial forests, if managed under

a forest stewardship plan. The section shall also not apply to properties containing

single or two-family residential housing units owned and occupied, or intended for

occupancy, by their residents, except as may be otherwise restricted according to a

development plan approved by the Joint Planning Board. This exclusion shall not

apply to land being platted and/or developed for single or two-family residential

housing.

D. Permit Required

1. It is unlawful for any person to use land or to engage directly or indirectly in tree

removal, as defined in this Section, unless such person shall first have applied for

and obtained a permit, from the Joint Planning Board, authorizing high quality

significant tree removal. An approved permit authorizing such tree removal shall

be obtained by an applicant prior to commencing any land development, site

demolition, or grading activities. A separate permit is not required, in accordance

with these regulations, as part of an approved site plan review on parcels containing

one (1) acre or less.

2. Trees shall not be removed in preparation for, or as part of, a development project

until the project has been approved and all required permits have been obtained.

Failure to obtain a permit shall be cause to deny issuance of a land use or building

permit, prohibit continuation of any construction on the property, connection or

extension of any utilities on the property or on any adjacent streets, issuance of a

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Certificate of Occupancy, as applicable, and to require remedial action in

accordance with the Tree Preservation Table for high quality significant trees lost or

expected to be lost as a result of activity on the site.

3. The Joint Planning Board may hire an independent certified tree inspector, arborist,

Landscape Architect, or similar professional, to assist the board and it’s Planning

Administrator in the review of such tree removal permits, analysis of unauthorized

tree removal, or any other site assessment of tree loss, damage, and/or replacement

from land within its jurisdiction, as may be deemed necessary. The cost for such

professional services shall be paid for by the land owner, contractor, permit holder,

or other individual responsible for tree loss, damage, or replacement. A permit

escrow fee, payable to the JPB, for professional services and/or tree replacement

shall be paid by the permit holder or responsible party and used to defray any or all

costs of such services, including administrative and collection costs.

E. Application for Tree Removal

An application for a permit for tree removal shall be made in writing using the form

provided by the Joint Planning Board. The application shall include:

1. Applicant Information

2. Owner Information

3. Tree Preservation Plan including existing and proposed buildings, roads, utilities

and easements, public parks and open spaces, lots and blocks, water bodies and

wetlands, proposed building pads, equipment and material storage areas, the Tree

Inventory, and Tree Protection.

4. Schedule for completion of tree removal.

5. Topographic Map of Site (the JPB may waive this requirement if site grading or

disturbance will not result in changes to finished site contours or elevations.)

6. Proposed Use of Site.

F. Tree Inventory

The applicant shall have a tree inventory prepared to include:

1. The quantity, species by type, condition including any existing tree hazard

conditions as a result of disease or damage, and location of all significant high

quality trees on a parcel or development site. On heavily wooded sites which

contain two (2) acres or greater of mature tree cover, forest mensuration methods

may be used to determine the total tree quantity. On such parcels, the inventory

shall also include an area calculation of the high quality significant tree canopy

coverage during full leaf on conditions and a detailed species assessment.

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2. Significant high quality trees which will be lost due to the proposed activities. Such

trees shall be considered lost as a result of grade change, including grading or

filling, whether temporary or permanent, affecting forty-five per cent (45%) or

more of the tree’s critical root zone, utility construction (e.g. sewer, water, storm

sewer, gas, electric, telephone, cable television, fiber optics or similar facilities)

resulting in the cutting of forty-five per cent (45%) or more of the tree’s roots

within the critical root zone.

3. The location, number, type and size of trees required to be preserved pursuant to

this Section.

G. Tree Preservation and Tree Protection for all except single and two-family dwelling

uses.

1. High quality significant trees designated for preservation shall be protected by a

snow fence or other means acceptable to the Joint Planning Board. The protective

measures must protect the entire critical root zone of the trees, unless more

protection is warranted due to the proximity of a structure, road or similar

obstruction to be part of the development in which case at least fifty-five per cent

(55%) of the critical root zone of the tree must be protected. The protection

measures shall be clearly identified on the site disturbance, demolition, and/or

grading plans.

2. The applicant shall preserve high quality significant trees on a development site.

Existing significant trees identified in the tree inventory with hazard conditions as a

result of disease or damage should be considered for removal. They shall be clearly

identified in the site tree inventory. These hazard trees shall be excluded from the

high quality significant tree preservation requirements.

3. The significant high quality tree preservation table establishes performance criteria

for tree preservation on a development site that has over and above the base

minimum landscaping standard determined in accordance with the maximum

impervious surface allowed in the underlying zoning district, according to Section

1006 of this Ordinance. This standard shall only apply to parcels or developments

which contain more existing high quality significant trees than the minimum base

landscaping standard.

4. Removal of high quality significant trees identified by the tree inventory which are

equal to or less than the base minimum landscape standard shall be prohibited

except by CUP.

5. Removal of up to 60% of the high quality significant trees over and above the base

minimum landscape standard may be permitted. Any removal of high quality

significant trees beyond this standard may only be approved by CUP.

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6. If significant high quality trees exist on the property and are competing with

development requirements, then the trees authorized for removal shall be according

to an approved plan. The final determination of the tree removal and replacement

location(s) shall be made by the JPB.

7. Notwithstanding the tree preservation requirements, new boulevard tree planting in

the required front setback area according to Section 1006 shall be required.

8. Tree removal permits and inventory evaluation for a development project involving

more than one parcel of land will include all parcels of land as one development

project.

9. Trees shall not be removed until a development project has been approved and

permitted.

10. If the required inventory of all high quality significant trees results in a number

greater than the base minimum landscape standard required in Section 1006, then

the number of trees to be preserved shall be in accordance with the following tree

preservation table:

SIGNIFICANT HIGH QUALITY TREE PRESERVATION TABLE

(Not Including 1 & 2 Family Dwelling Uses)

Parcel or

Development Size

# Existing*

High Quality

Trees Retained

Over Base

Landscape

Standard

# Existing*

High Quality

Trees Retained

Over Base

Landscape

Standard

# Existing*

High Quality

Trees Retained

Over Base

Landscape

Standard

< 1 Acre

25% or >

40% or >**

60% or >***

> 1 Acre

40% or >

50% or >**

60% or >***

For base minimum landscape standard per s. f. of pervious surface, please refer to

Section 1006.

**For developments which preserve 50% or more of existing high quality significant

trees over and above the base minimum landscape standard, the total maximum

allowable impervious surface may be increased by an additional two percent (2%),

provided adequate plans for on-site storm water management improvements are

approved.

***For developments which preserve 60% or more of existing high quality significant

trees over and above the base minimum landscape standard, the total maximum

allowable impervious surface may be increased by an additional five percent (5%),

provided adequate plans for on-site storm water management improvements are

approved.

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H. Action by the Joint Planning Board

1. Permit denial, approval, or approval subject to conditions shall be based upon the

extent to which tree removal may be consistent with or detrimental to the above

stated purposes of this Section and the health, safety or general welfare of the

public.

b. For initial development and new subdivisions and plats, the applicant shall enter

into a written agreement with the Joint Planning Board prior to the approval or

issuance of a permit for any activity in which trees are required to be replaced.

Such agreement will require the applicant to comply with the provisions and

conditions imposed in connection with any such approval or issuance of a permit

and the required provision of security for the performance of all obligations.

I. Procedures

The following identifies the general steps to be taken to comply with this Ordinance:

1. Submit tree inventory and replacement plans with the data and submission

requirements according to the JPB approved Tree Preservation Plan Application

Checklist & Procedures.

2. The Planning Administrator shall require a performance bond, an irrevocable letter

of credit, or an escrow fee in accordance with the JPB Fee Schedule in order to

ensure completion of work consistent with any conditions imposed.

3. If approved by JPB Staff, implementation may begin.

4. Upon completion of the implementation activity the applicant shall request

inspection and approval of the work by JPB Staff. Upon approval, the surety

provided shall be released by the Joint Planning Board to the applicant, less any

direct costs incurred in the review and issuance of the Tree Preservation Permit.

Section 1008. Lighting

Exterior lighting shall not be allowed unless such lighting is arranged so that it is hooded or

otherwise shielded in order to deflect light away from adjoining property, public waters, and

public streets. Bare light bulbs or other illumination sources shall not be permitted in view from

adjacent properties, public waters, or public rights-of-way. Lighting shall be directed downward

in order to minimize adverse impact on surrounding properties and rights-of-way. All

development which requires a land use or building permit, excluding single and two-family

residences, shall be required to submit a lighting plan which, at a minimum, must include the site

placement of all exterior lighting components and the specific fixture design features of each

light. For the purposes of this section, any property which contains lighting which is determined

to be non-conforming by JPB Staff shall be brought into compliance upon written notice. Such

non-conformity shall herein be defined as a public nuisance and shall not be entitled to the

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provisions of legal non-conforming uses as prescribed in Article V of this Ordinance. Minor

changes to fixture direction or changes of illumination source which easily bring such lighting

violations into compliance shall be made within the prescribed time frame. Substantial changes

which require new lighting fixtures, the addition of fixture shields, and removal and/or

replacement of lighting standards shall be completed so as to bring the property into compliance

within one (1) year of written notice.

Section 1009. Parking Standards

The regulation of off-street parking spaces in this Ordinance is to alleviate or prevent congestion

of the public right-of-way and to promote the safety and welfare of the public by establishing

minimum requirements for off-street parking of motor vehicles. In all zoning districts all

structures built and uses established hereafter shall provide off-street parking in accordance with

the regulations of this ordinance. When an existing use or structure is expanded, off-street

parking shall be provided in accordance with the regulations of this ordinance for the total area

or capacity of such expansion.

A. Design and Maintenance.

1. A parking space shall not be less than nineteen (19) feet in length and eight and

one-half (8 ½) feet in width, exclusive of access drives.

2. Off-street parking and loading areas shall be improved with a bituminous, concrete,

paver, or equally durable surface with the exception of required off-street single-

family and two-family residential parking. Such areas shall be graded and drained

so as to dispose of all surface water accumulation within the area in accordance

with the standards as prescribed in the City of Bemidji “Surface Water Management

Plan and Stormwater Design Guide Report” Dated January 2008, as may be

amended. Concrete curb & gutter shall be installed within all or portions of the

parking lot perimeter for the purposes of surface water management control, site

design & long-term maintenance of defined edges between pervious and impervious

surfaces. Use of a flat concrete edge on bituminous pavement may be substituted

for a vertical curb to allow the sheet flow of run-off from the impervious parking

surface onto a pervious infiltration area. This requirement may be modified by the

Planning Administrator where public drainage utilities and infrastructure; including

street curb & gutter, integrated subsurface drainage systems, improved overland

drainage swales, etc., are not available or planned in the future.

3. In all zoning districts the following limitations shall apply:

a. Off-street driving or maneuvering areas shall not cover more than fifty (50)

percent of the total parcel area between the street and principal structure in R1-

R5 Districts. In all other districts they shall not cover more than fifty (50)

percent of the required minimum front yard setback areas, except in the UR

District which shall be exempt from this requirement.

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b. Vehicle parking for single and two family residences is prohibited between the

street and the principal structure along all street frontages of the parcel, except

upon a driveway or approved parking surface. Driveways in these areas may

not exceed twenty (20) feet in width. Platted alleys are exempt from these two

specific limitations.

c. Off street parking on grass, landscaped areas, or any unapproved driveway

surface on a parcel is prohibited; except in R-1, R-2, & R-3 Districts for parcels

1 acre in size or greater. Approved driveway and parking surfaces shall

constitute an impervious surface subject to the limitations set forth in this

Ordinance.

d. The public street or alley right-of-way area devoted to driveway purposes shall

not be considered in determining whether off-street parking requirements have

been met. Parking in alleys or unimproved street rights-of-way shall be

prohibited.

e. Enclosed buildings, carports, and any other permanent or temporary structure

containing off-street parking shall be subject to structure setback requirements

applicable to the district in which located.

4. All open off-street parking areas containing more than four (4) parking spaces shall

be effectively screened on each side that adjoins any residentially zoned property by

a wall, fence or densely planted compact evergreen hedge not less than five (5) feet,

or more than eight (8) feet in height.

5. Any lighting used to illuminate off-street parking areas shall be in accordance with

the regulations of Section 1008 of this Ordinance.

6. When determining the number of off-street parking spaces required by this Section,

a fraction of less than one-half may be disregarded, and a fraction of one-half or

more shall be counted as one required space.

7. All parking spaces required to serve buildings or uses shall be located on the same

lot or in the same zoning district as the building or use, except that such parking

spaces may be provided in an adjacent zoning district if such district allows parking

lots or parking garages as a permitted use. In no instance shall required off-street

parking be located more than six hundred (600) feet from the use which it serves,

measured along lines of public access.

8. Parking spaces required on an employee basis shall be used on the maximum

number of employees on duty or residing on the premises at any one time, at the

same time as the land use or building permit is issued.

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9. Notwithstanding any other provision of this Section, uses located within the Urban

Renaissance (UR) District are exempt from all off-street parking and loading

requirements.

10. Developments on a single and/or adjoining parcels with a total of forty (40) or more

off street parking spaces shall have live landscaping, including trees, of at least four

(4%) of the interior of the parking lot area, including circulation areas

11. All new or redeveloped parking areas containing 4 or more spaces shall comply

with the following standards:

a. Striping and Curbing. All parking areas shall be marked by durable painted

stripes designating the parking spaces unless exempted by the Planning

Administrator. A continuous curb shall be provided around the periphery of the

paved parking area of the lot, including drives, except as may be provided under

Section 1009 (A.2) of this Ordinance.

b. Setbacks:

i. Front, side and rear setbacks of at least five (5’) feet from property lines

shall be maintained from parking areas in all zoning districts, except the UR

District. Setbacks of five (5) feet in the UR Districts shall apply only to

those parking areas adjacent to residentially zoned or residentially used

property.

ii. No area used by motor vehicles, other than driveways for ingress to and

egress from the site, shall be located within the public street right-of-way.

c. More than One Use. Except for a multi-tenant commercial building, should a

structure contain two (2) or more types of uses, the parking requirements of

each use shall be calculated and a reduction of up to ten (10%) percent may be

made for non-usable space. The resulting net figure shall be utilized to

determine the off-street parking requirement.

d. Snow Storage in Parking Stalls. Provision shall be made in the parking area for

adequate snow storage or removal in order to ensure that the required numbers

of spaces are available at all times during the year.

e. Use of Required Area. Required off-street parking spaces in any district shall

not be utilized for open storage, sale or rental of goods, except in accordance

with the regulations of Section 1002 of this Ordinance, or any storage of

inoperable vehicles.

f. Vehicular traffic generated by a use shall be channeled and controlled in a

manner which will avoid congestion or interference with other vehicular

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transportation systems or pedestrian traffic and which will avoid creating traffic

hazards or excessive traffic through residential areas. The adequacy of any

proposed traffic circulation system to accomplish these objectives shall be

determined by the Planning Administrator in conjunction with an engineer,

which may require such additional measures for traffic control as deemed

necessary, including but not limited to the following: directional signalization,

channelization, standby turn lanes, sidewalks, driveway spacing, illumination

and other facilities within the site to prevent a backup of vehicles on public

streets.

g. Parallel parking spaces shall be twenty-three (23) feet in length.

h. Driveway Standards. Except in the case of single family, two-family,

townhouse, and four-plex dwellings, minimum driveway and traffic lane widths

shall be developed in compliance with the following standards:

Angle of Parking Traffic Flow Minimum Width

90 Degree Two Way 24 ft.

60 Degree One Way 18 ft.

45 Degree One Way 14 ft.

i. Streets Not Used. Except in the case of single, two-family and townhouse

dwellings, parking areas shall be designed so that circulation between parking

bays or aisles occurs within the designated parking lot and does not depend

upon a public street or alley. Except in the case of single, two-family and

townhouse dwellings, parking area design which requires backing into the

public street is prohibited. Parking spaces in a public right-of-way cannot be

utilized in meeting required off-street parking standards.

j. Curb Cut Proximity to Intersection. No curb cut or other driveway access shall

be located less than forty (40) feet from the intersection of two (2) or more

street rights-of-way. This distance shall be measured from the intersection of lot

lines, not curb lines.

k. Curb Cut Maximum. No curb cut access shall exceed twenty-four (24) feet in

width, except upon approval by the Planning Administrator and Road Authority.

l. Curb Cut Spacing Minimum. Curb cut openings shall be located at a minimum

of ten (10) feet from the side yard lot line in all districts, except in UR Districts

where such setbacks shall apply only to those parking areas adjacent to

residentially zoned or residentially used property.

m. Curb Cut Separation (multifamily, commercial and industrial). Driveway access

curb openings on a public street, except for single, two-family and townhouse

dwellings, shall not be located less than forty (40) feet from one another, except

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on approval by the Planning Administrator and Road Authority. Driveway

access curb openings on the opposite side of the public street shall comply with

the same separation standard along the street, unless they are in direct

alignment.

n. Curb Cut Separation (single family residential). Driveway access curb openings

on a public street, for single, two-family and townhouse dwellings, shall not be

located less than forty (20) feet from one another, except on approval by the

Planning Administrator and Road Authority. Driveway access curb openings on

the opposite side of the public street shall comply with the same separation

standard along the street, unless they are in direct alignment.

12. Truck Loading Area Requirements, Design and Maintenance:

a. Requirements. Truck loading docks or berths are not required for off-street

parking areas. When such facilities are planned for residential and commercial

developments they shall meet the design provisions of this Section. Such

requirements will not be applied to the UR, I-1, or I-2 Zoning Districts.

b. All loading areas shall consist of a maneuvering area in addition to the berth and

shall not use any of those portions of the site containing parking stalls.

Maneuvering areas shall be of such size as to permit the backing of truck

tractors and coupled trailers into a berth, without blocking the use of other

berths, drives or maneuvering areas or on public right-of-way. The construction

and setback standards listed in this Section also shall apply to all loading areas.

c. Landscaping and Screening of Loading Berths. Loading berths shall be screened

from all property lines if adjacent to residential zoning districts and directly

facing them. Said screening shall be accomplished by a solid wall or fence and

shall be so designed with building materials as to be architecturally similar or

compatible with that of the principal structure. Screening plantings may be

substituted, provided such plantings to fully screen the loading area to the top of

any docked semi-trailer.

d. Location.

i. Off-Street. All required loading berths for a non-residential use shall be off-

street and located on the same lot as the building or use to be served.

ii. Distance from Intersection. All loading berth curb cuts shall be located a

minimum of fifty (50) feet from the intersection of two (2) or more street

rights-of-way. This distance shall be measured from the property line.

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iii. Distance from Residential Use. No loading berth for a non-residential use

shall be located closer than one hundred (100) feet from a residential district

unless located completely within a structure, except on approval by the

Planning Administrator.

a) Pedestrians. Loading berths shall not conflict with pedestrian movement.

b) Visibility. Loading berths shall comply with sight visibility

requirements.

c) General Compliance. Loading berths shall comply with all other

requirements of this section.

iv. Traffic Interference. Each loading berth shall be located with a means of

vehicular access to a street or public alley in a manner which will cause the

least interference with traffic.

v. Accessory Use; Parking and Storage. Any space allocated as a required

loading berth or access drive so as to comply with the terms of these zoning

regulations shall not be used for the storage of goods, inoperable vehicles,

container storage, or snow and shall not be included as part of the space

requirements to meet off-street parking requirements.

B. Minimum Off-Street Parking Spaces Required

The minimum parking standards for a standalone business as well as mixed-use

businesses must individually comply with the minimum space requirements. If the use

cannot comply with the minimum standards but can produce a shared parking model,

with an adjoining property, the Planning Administrator may approve a reduction in

onsite requirements.

Use Required Spaces

1. One and two-family dwellings One (1) space per bedroom, except

(owner occupied) that all dwellings shall have two (2)

spaces. Garage space may be

included in this calculation. Existing

owner occupied dwellings with

deficient parking shall not be

required to increase parking spaces

until the use of the property changes

from an owner occupied status.

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2. One and two-family dwelling One (1) space per bedroom or one

(licensed rentals) (1) space per licensed occupancy,

whichever is greater (maximum of 4

required). Garage space may be

included in this calculation.

3. Multiple Family Dwellings, One (1) space per bedroom, plus one

generally** (1) additional space per dwelling

unit.

4. Housing for Seniors and/or One (1) space per dwelling unit for

each Physically Handicapped Persons of the first twenty (20) units, and a

total number of spaces not less Than

seventy-five per cent (75%) of the

total number of units.

5. Dormitories, Fraternities, One (1) space per dwelling

Sororities and other lodging first twenty (20) units, and a

facilities designed primarily total number of spaces not

for unmarried student occu- less than seventy-five per-

pancy. cent (75%) of the total

number of units.

6. Manufactured Housing Parks Two (2) spaces per dwelling

unit.

7. Lodging or Rooming Houses One (1) space per dwelling

unit.

8. Business and Professional Offices One (1) space for each two

hundred and fifty (250) square feet

of gross floor area.

9. Medical and Dental Clinics Three (3) spaces per examination or

treatment room.

10. Hotels/Motels/Resorts Two (2) spaces plus one (1)

space per rental unit, plus additional

spaces required for restaurants,

assembly rooms and affiliated

facilities.

11. Primary and Intermediate One (1) space per each

Schools, Nursery Schools and faculty member of full-

Group Day Care Centers employee status.

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12. Secondary Schools One (1) space per eight (8) students,

based upon the maximum number of

students attending classes on the

premises at any one time in a twenty-

four (24) hour period, plus one space

for each faculty or other full time

employee.

13. Trade and Commercial Schools One (1) space for each three (3)

students, and (1) space for each

faculty member and other full time

employee.

14. Commercial Establishments One (1) space for each 300

square feet of gross floor area except

those specified elsewhere plus one

(1) space for each full time

employee.

15. Retail Stores One (1) space for each two

hundred Fifty (250) square feet of

floor area.

16. Furniture and Appliance Stores, One (1) space for each four new

Used Motor Vehicle Showrooms and (400) square feet of enclosed

and Sales Facilities, Used Car Lots, floor area and (1) space for each

and Mobile Home and Trailer Sales three thousand (3000) square feet

and Rental Lots. of open lot area devoted to sales and

display.

17. Establishments handling the sale One (1) space for each three

and consumption of food, beverages, (3) seats based on maximum

and refreshments on premises. fixed seating design capacity for

restaurants without liquor service,

provided that drive-in restaurants

shall have at least ten spaces. For

restaurants with liquor service, an

additional 30% shall be required in

addition to the one (1) space per

three (3) fixed seats standard.

18. Automobile Service Stations Two (2) spaces for each service bay,

plus one space for each employee,

but not less than a total of five (5)

spaces.

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19. Bowling Alleys At least five (5) spaces per bowling

lane, plus such additional spaces as

may be required herein for affiliated

uses such as restaurants and other

similar uses.

20. Religious Institutions, Temples, One (1) space for each four

Theaters and other places of (4) seats, upon maximum capacity.

assembly

21. Funeral Homes One (1) space for each four (4) seats

maximum capacity, plus one (1)

space for each employee and one (1)

space for each vehicle garaged on the

premise.

22. Warehouse, storage, or One (1) for each three (3) employees

handling of bulk goods on maximum shift.

23. Mini-Storage Facilities If there’s a manager’s office, four

parking spaces, two (2) spaces for

the manager’s office and two (2) for

prospective customers.

24. Manufacturing, production, One (1) for each three (3) employees

processing, assembly, disassembly, on maximum shift.

cleaning, servicing, testing, or

repairing goods, materials or products.

25. Auditoriums, gymnasiums, and One (1) space for each three (3)

similar places of assembly persons based on the maximum

design capacity

26. Hospitals One (1) space for each hospital bed,

plus one (1) space for each two (2)

employees other than doctors, plus

one (1) space for each doctor

assigned to the staff.

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27. Nursing Homes Six (6) spaces for the first three

thousand square feet of floor area

and one (1) space for each additional

one thousand (1,000) square feet,

with a minimum of six (6) spaces per

establishment.

28. Private Clubs and Lodges One (1) for each three (3) persons, at

maximum design capacity.

29. Ice Skating Rinks and Clubs One (1) space for each two hundred

(200) square feet of ice area.

30. Other Uses Not Noted The number of spaces shall be

determined by the Planning

Administrator

*Parking for employees shall be based on the maximum number of employees present

during the largest work shift

** For licensed rental dwellings, all provisions of Section 1009 (B.-2.) above shall apply.

Section 1010. Non-Motorized Transportation

A. Purpose and Rational

There is an important relationship between the built environment and the ability of

people to be physically active in the public setting. The JPB will seek to enhance the

safety, access, convenience and comfort of all transportation users of all ages and

abilities, including pedestrians (including people requiring mobility aids), bicyclists,

transit users, and motorists, through the design, operation and maintenance of the

transportation network so as to create a connected network of facilities accommodating

each mode of travel that is consistent with and supportive of the local community,

recognizing that all streets are different and that the needs of various users will need to

be balanced in a flexible manner non-motorized transportation seeks to:

1. Ensure that each development is designed to be pedestrian friendly.

2. Create a healthy built environment in which individuals have opportunities to

incorporate physical activity, such as walking and bicycling, into their daily routine.

3. Create an environment where the risk of pedestrian injuries or fatalities is

minimized through the application of appropriate design standard by minimizing

bicycle, pedestrian and motorized vehicle conflict.

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B. Requirements

Active Transportation Requirements shall apply to all private on site improvements in

all zoning districts except I1, I2, C, R1, and R2. It will be important to ensure that the

project development process includes early consideration of the land use and

transportation context of the project, the identification of gaps or deficiencies in the

network for various user groups that could be addressed by the project, and an

assessment of the tradeoffs to balance the needs of all users. The context factors that

should be given high priority include the following:

1. Whether the corridor provides a primary access, to a significant destination such as

a community or Regional Park or recreational area, a school, a commercial area,

grocery store, or an employment center. Any destination that is within .5 miles shall

meet these criteria.

2. Whether the corridor is in an area where a relatively high number of users of non-

motorized transportation modes can be anticipated.

3. Whether a public road corridor provides important continuity or connectivity links

for an existing or proposed trail, path, or sidewalk network.

When one or more of the context factors listed in this section is met, new development,

major alterations, conditional/interim use permits, and subdivisions requests shall

include on-site access and circulation design for pedestrians, bicyclists, and motor

vehicles, and integrate these facilities with adjacent properties to support the safe travel

of persons of all ages and abilities. Pedestrian and bicycle facilities shall have a paved

surface width of not less than five feet and shall provide ADA (Americans with

Disabilities Act) compliant accessibility.

C. Exemptions

Non-motorized transportation facilities shall be included in all development and land

use projects based in the Context Factors and Standards listed in Section 1010 (B)

above, except under one or more of the following conditions:

1. The Planning Administrator and/or the City Engineer (when applicable) jointly

determine that the construction of such facilities is not practically feasible or cost

effective specifically because of significant or adverse environmental impacts to

streams, flood plains, remnants of native vegetation, wetlands, steep slopes, or other

critical areas, or due to impacts on neighboring land uses. Cost alone is not a

reasonable factor.

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2. The Planning Administrator and/or the City Engineer (when applicable) jointly

determines there is insufficient space to safely accommodate new facilities or there

are relatively high safety risks.

3. There is a lack of need for the facilities due to a failure to meet each of the context

factors listed in this section. If a residential development proposal does not meet

both context factors 2 and 3 as outline in Section 1010 (B) above, the Planning

Administrator can waive the non-motorized transportation requirements.

4. Permits for accessory uses, paving of driveways, sign requests, landscaping, farm

animals and other actions that do not result in new development, major alterations,

conditional/interim uses, or subdivision of land are exempt from the Non-Motorized

Transportation Standards.

5. If the road the serves as the primary access to the proposed development is not

paved, and any new roads will not be paved as a result of the development, the

Non- Motorized Transportation Standards shall not apply.

Section 1011. Temporary Uses

The following temporary uses of land are allowed, subject to the regulations and time limits

identified below, unless a permit is specifically required by this ordinance. These temporary

uses are, however, subject to all other zoning regulations applicable within the specific zoning

district in which the use is permitted.

A. Christmas tree sales in any commercial or industrial district for a period not to exceed

forty-five (45) days. Display of such trees need not comply with the yard and setback

requirements provided that no trees shall be displayed within thirty (30) feet of the

intersection of the curb line of any two (2) streets.

B. Contractors’ offices and equipment sheds accessory to an ongoing permitted

construction project, provided that no sleeping or cooking accommodations are

provided.

C. Real estate offices incidental to a new housing development, provided that no sleeping

or cooking accommodations are provided, until the initial sale or lease of all dwelling

units in the development.

D. Seasonal sale of farm produce (including Christmas trees) grown on the premises in the

C and R-1 districts, to continue for not more than four (4) months per year. Structures

incidental to such sale need not comply with the front yard setback if the structures are

removed or moved back behind the setback line at the end of the season in which they

used.

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E. Promotional activities of retail merchants involving the display only of goods and

merchandise that are for sale within the principal structure, conducted outside of such

structure for a period of not more than two (2) consecutive weeks in any three (3)

month period, provided that:

1. No portion of the display shall be on publicly owned property unless the applicant

shall have first obtained approval for such use from the JPB;

2. No required off-street parking or loading area will be utilized for such display,

storage or dispensing;

3. No food or drink shall be displayed outside the building except in accordance with

standards and prior approval of the health department; and,

4. These provisions shall in no way be deemed to authorize the outdoor display of

automobiles, trailers, equipment rental, or the sale of used furniture, appliances,

plumbing, housewares, building materials, or similar display or sale in any business

district except as otherwise permitted by this Ordinance.

F. Garage or yard sale at a residential dwelling property limited to three (3) consecutive

days no more than twice in any twelve (12) consecutive month period. Where such sale

is conducted on premises exterior to any structure, all sale items shall be removed from

such exterior premises within one day following the day the sale is conducted.

G. Trailers used for temporary storage of materials incidental to a permitted use may be

located on a property for 15 consecutive days without a permit and 180 consecutive

days with a building permit or land use permit as appropriate. Temporary office or

classroom space may be permitted for 180 days or less with a building or land use

permit as appropriate. Temporary uses for any of the above in excess of 180 days shall

require an IUP.

H. Tents, recreational vehicles (RV) and other temporary assembly structures may be

located on a property for temporary assembly uses for a period not to exceed 15 days

without a permit. A permit is required for any temporary structure erected for more than

15 days.

Section 1012. Special Provisions for Type II and Type III Home Occupations

Customary Type II home occupations shall be allowed with the issuance of a Home Occupation

Permit provided that they meet the following conditions. Type III home occupations shall be

allowed only via the issuance of an Interim Use Permit and must meet the provisions of this

section in addition to any standards or conditions prescribed by the Joint Planning Board in the

issuance of said permit.

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A. Such occupation is carried on in the principal building and may not be conducted in an

accessory building other than a private garage.

B. Not more than twenty-five percent (25%) of the gross floor area of the residence or

garage is used for this purpose.

C. Only articles made or originating on the premises shall be sold on the premises, unless

such articles are incidental to a permitted commercial service. Retail sales, including

used goods and garage sales are prohibited from being the primary business. No more

than two (2) garage sales may occur at a dwelling in any year. A garage sale may not

exceed a period of more than three (3) consecutive days.

D. No articles for sale shall be displayed so as to be visible from the street.

E. Not more than one person other than those who reside on the premises shall be

employed.

F. No mechanical or electrical equipment shall be used if the operation of such equipment

violates existing nuisance ordinance controls, creates a public nuisance, or otherwise

interferes unreasonably with the desired quiet residential environment of the

neighborhood or if the health and safety of the residents is endangered. No equipment

shall be used in the home occupation which will create electrical interference to

surrounding properties.

G. Such occupation must provide off-street parking. Parking spaces shall be clearly

identified on an approved site plan of the parcel at the time the permit is issued.

Parking of vehicles associated with the home occupation on streets or alley ways is

prohibited. The on-site parking spaces must be sufficient to accommodate all traffic

generated by the home occupation. No more than six vehicles in addition to the vehicles

registered to drivers living at the residence may be parked on a parcel at any one time.

H. There shall be no exterior storage of equipment or materials used in the home

occupation, except personal automobiles used in the home occupation may be parked

on the site.

I. One sign no larger than four (4) square feet shall be permitted on site.

J. No permitted home occupation shall be conducted between the hours of 10:00 PM and

6:00 AM.

K. An owner of a home occupation shall maintain adequate sewage treatment facilities,

and shall provide documentation of compliance with the standards prescribed in Article

VIII upon request of the Planning Administrator.

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L. No home occupation shall require exterior or significant interior renovation or

alteration not customarily found in dwellings except where required to comply with

local and state fire and police recommendations.

M. Home occupations which create noise, odor, dust, electrical glare or vibrations

discernible off of the premises shall not be permitted.

Section 1013. Manufactured Home Park Standards

In order that a manufactured home park may be harmonious within itself and with the

surrounding area, the following performance standards are required:

A. Area and Open Space Requirements:

1. The minimum area for a manufactured housing park shall be ten acres.

2. A minimum of 500 square feet per mobile home shall be provided in a definable

play area and/or open space. Lot yards shall not be included in this space, nor shall

any areas of less than twenty feet in length or width. All areas not used for access,

parking circulation, buildings and service shall be completely landscaped and the

entire area maintained in good condition, consistent with the provisions of this

Ordinance.

B. Streets

Streets must follow subdivision requirements concerning grading and must be a

minimum of 24' in width and, at a minimum, a driving surface of Class V gravel.

When a manufactured home park reaches 75% occupancy, streets will be required to be

paved with a bituminous or concrete surface. The right-of-way width will be a

minimum of 40'. On-street parking is not allowed.

C. Parking

A minimum and maximum of two off-street parking spaces will be provided on each

lot. These spaces will be clearly defined with a border and gravel or cement surface. A

parking compound must be provided by the developer to accommodate one additional

parking space for every two manufactured homes. All boats, campers and trailers must

be parked in this designated parking compound.

D. Screening

All manufactured home parks located adjacent to residential, recreational, commercial

or industrial land uses shall provide screening such as fences, shrubs or trees along the

property boundary line separating the park and other uses and shall be maintained in a

neat and orderly manner. Screening shall be a minimum of 5' in height. Landscaping

shall be provided between the screen and property boundary. A landscape plan is

required as part of the platting process for a manufactured home park.

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E. Accessory Buildings

One storage building of not more than 120 square feet is allowed per lot. A carport

may also be allowed on manufactured home lots. All accessory buildings must meet

applicable setbacks. Storage and accessory buildings must be maintained and designed

to enhance the general appearance of the lot.

F. Manufactured Home Requirements

All manufactured homes shall be skirted and shall be in accordance with the decor of

the manufactured home and in good repair. Each home shall be parked upon a jack or

block approved by the JPB. Each manufactured home shall be anchored to resist

damaging movement by wind or storm. Each manufactured home base shall have a

suitable hardstand of durable material capable of supporting the vehicle wheels, stands

or jacks. A minimum of five hundred (500) square feet shall be required for all

manufactured homes in a manufactured housing park.

G. Sanitary Sewer

All manufactured homes in manufactured housing parks shall be connected to

municipal sanitary sewer if such services are within 600 feet of the boundaries of the

park and within the Orderly Annexation Areas adopted under the Orderly Annexation

Agreement. In areas where municipal sewer services are unavailable sanitary sewer

services shall be provided consistent with Article VIII of this Ordinance, and any state

requirements.

H. Miscellaneous Requirements

Owners of the manufactured housing park are responsible for meeting the following

standards:

1. Park management shall notify park occupants of all applicable provisions of this

Section and inform them of their duties and responsibilities under this Section.

2. The Park Operator shall maintain a record of all mobile home owners and occupants

located with the park. The register shall contain the following information: The

name and address of each manufactured home occupant, the name and address of

the owner of each manufactured home and motor vehicle by which it is towed; the

make, model, year and license number of each manufactured home and motor

vehicle, the state, territory or country issuing such license; and the date of arrival

and departure of each manufactured home. The operator shall make this available

to law enforcement officers, public health officers, and other officials whose duty

necessitates acquisition of the information in the register. The register record for

each occupant registered shall not be destroyed for a period of three (3) years of the

registrant moving from the park.

a. No part of any park shall be used for non-residential purposes, except such uses

that are required for the direct serving and well-being of park residents and for

the management and maintenance of the park.

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b. All manufactured home parks shall comply with the State of Minnesota

Department of Health requirements for manufactured home park licensing. The

platting requirements of manufactured home parks shall meet the subdivision

standards as prescribed in Article XI. of this Ordinance, unless specifically

exempted in this Section.

Section 1014. Special Provisions for Development in Sensitive Areas

To the greatest extent possible, all wetlands, including marshlands and swamps, shall be retained

in their natural state. Proposed alterations to wetlands shall not be permitted, except in

compliance with Wetland Conservation Act regulations applicable to the location and as

administered by the responsible local governmental unit (LGU). Review shall be either by the

Beltrami Soil and Water Conservation District, Beltrami County Environmental Services Staff or

other qualified entity. The following provisions apply to development in sensitive areas:

A. No permit may be issued without documentation provided by the applicant that

adequate sewage treatment will be provided, either through a municipal system or

individual sewage treatment system. Documentation shall include soil borings

completed at the applicant’s expense, and an evaluation signed by a registered engineer,

state certified wetland delineator, or qualified soils scientist.

B. No part of any sewage treatment system requiring on-land or in-ground disposal of

waste shall be located closer than seventy-five (75) feet from the wetland boundary or

ordinary high water level, as delineated by a certified wetland specialist, unless it is

proven by the applicant that no effluent will immediately or gradually reach the wetland

because of existing physical characteristics of the site or the system.

C. Organic waste which would normally be disposed of at a solid waste treatment site or

which would normally be discharged into a sewage treatment system or sewer shall not

be directly or indirectly discharged to the wetland.

D. Untreated storm water runoff from construction sites may not be directed to a wetland.

E. The lowest floor elevation of buildings used for living quarters or work area shall be at

least three (3) feet above the ordinary high water level. Structures shall be setback

twenty (20) feet from the wetland boundary, as delineated by a certified wetland

specialist.

Section 1015. Special Provisions for Trunk Highway 197 Overlay

No direct access located within one hundred (100) lineal feet of an existing access shall be

approved unless no access is available from an alternate public street.

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Section 1016. Special Provisions for Airport Protection Overlay

Airports and the lands surrounding them are subject to certain minimum standards imposed by

the federal and state governments in order to protect the safety of air travelers and those living

and working around airports. Specifically, Minnesota Rule, part 8800.2400 identifies three land

use safety zones around an airport, which are called Zone A, Zone b and Zone C, and imposes

certain minimum standards within these zones. The Airport Protection Overlay district

encompasses all land within the designated safety zones, as shown on the safety zone map which

was incorporated into the zoning map, and the land within these safety zones are subject to the

minimum standards imposed by the state.

The Bemidji Regional Airport Authority Commission has delegated its authority under

Minnesota Statutes, section 360.061 to 360.074 to adopt, administer, and enforce airport zoning

regulations within the safety zones to the JPB. The JPB may adopt regulations which are stricter

than the state required minimum standards, but may not adopt regulations which are less strict

than those standards. The Commission has, in turn, adopted by reference, the airport zoning

regulations adopted by the JPB to ensure their consistent application through the safety zones.

The JPB will coordinate with the Airport Manager to facilitate the prompt review and action on

zoning requests related to land within the Airport Protection Overlay district.

Lands within the safety zones , and thus the Airport Protection Overlay district, are subject to the

regulations applicable to the underlying zoning district as well as the applicable standards

imposed by Minnesota Statutes, Chapter 360, Minnesota Rules , part 8800.2400, and such other

laws as may apply. Such lands are also subject to the following:

A. Before accepting consideration or signing an agreement to sell or transfer real property

that is located in safety zone A, B, or C, the seller or transferor, whether executing the

agreement in the seller or transferor’s own right, or as executor, administrator, assignee,

trustee, or otherwise by authority of law, must disclose in writing to the buyer or

transfer the existence of airport zoning regulations that effect the real property.

B. Future transfers of real property within the safety zones shall contain a deed restriction

or advisory stating that the real property is subject to airport zoning regulations.

Zoning applications and requests made with respect to land within the Airport Protection

Overlay district shall be processed and acted upon in accordance with the procedures required

under this Ordinance and in accordance with the applicable provisions of Minnesota Statutes,

section 360.061 to 360.074.

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Section 1017. Closed Landfill Overlay District (CL)

A. Purpose:

In order to protect the public health, safety and general welfare of the community by

informing the public about the risks to current and future land owners regarding the use

of land within the Minnesota Pollution Control Agency (MPCA) identified Methane

Gas Area of Concern (MGAOC) associated with closed mixed solid waste (MSW)

landfills, as identified on the Long-Term Care List of State-Permitted, Mixed Municipal

Solid Waste Closed Landfills under Minn. Stat. 115B.412, Subd. 9. Methane gas is an

odorless gas produced as waste decomposes which may be explosive in confined spaces

such as basements.

B. Applicability:

These regulations shall apply only to parcels located at least in part within the MPCA

identified MGAOC associated with closed MSW landfills, as identified on the Long-

Term Care List of State-Permitted, Mixed Municipal Solid Waste Closed Landfills

under Minn. Stat. 115B.412, Subd. 9. (CL district).

C. Standards:

In order to regulate development within the CL district, the following regulations shall

apply to affected parcels (as identified above), in addition to the requirements of the

applicable underlying zoning district:

1. The use of land and any improvements to structures contained on parcels within the

CL district shall conform to the most restrictive requirements of this Ordinance and

the Minnesota Closed Landfill Program.

2. A land use or structure may be permitted to occur within the (CL) district in

accordance with the following requirements:

a. All provisions of the Minnesota Landfill Clean Up Program are met in

accordance with any land use plan developed for the landfill site by the MPCA

and any other applicable requirements contained within Minnesota Statutes,

Sections 115B.39 to 115B.445.

b. The MPCA shall be notified of any proposed use on parcels within the CL

district, including the plans and details of such use. The MPCA shall review

and provide comments, along with any suggested conditions, to the JPB within

30 days of such notice.

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Section 1018. Special Provisions for Transitional Housing, Homeless Shelters, and

Warming Centers.

A. Purpose:

It is the purpose of this Section to provide standards for transitional housing, homeless

shelters and warming centers in order to promote the health, safety, morals, and general

welfare of the Greater Bemidji Area and to establish uniform regulations to:

1. To promote the health, safety and welfare of shelter clients.

2. Prevent deterioration of neighborhoods and its consequent adverse effect on real

estate values of properties within the neighborhood.

3. To minimize their impacts on the residential neighborhood and provide for the

greatest level of safety within the neighborhood.

4. To minimize the public costs and impacts of community service delivery and

enforcement efforts necessary to ensure adequate levels of regulation and safety

where such uses are located.

B. Land use requirements for Transitional Housing, Homeless Shelters, and Warming

Centers:

1. Except as may otherwise be allowed or required by this Ordinance, no structure

shall be erected, converted, enlarged, reconstructed, or altered, and no structure or

land shall be used or occupied for Transitional Housing, a Homeless Shelters, or a

Warming Center unless it is connected to Municipal water and sewer services and is

in full conformity with the provisions of this Ordinance, and all other applicable

federal, state and local laws, rules, regulations, codes, and ordinances.

2. Transitional Housing, Homeless Shelters, and Warming Centers are interim uses

and are allowed in the R1, R2, R3, R4, R5, R6, B2, UR, and OM Districts upon

issuance of an interim use permit. Except as may be provided for by law, no such

uses shall occur in these Districts unless an Interim Use Permit has been applied for

and obtained pursuant to the procedures provided for in this Ordinance.

3. No new Transitional Housing, Homeless Shelter, or Warming Center use shall be

located on a parcel that has a boundary that is within 500 feet from the boundary of

a parcel containing any of the following uses;

a. Any other Transitional Housing, Homeless Shelter, or Warming Center, or

licensed care facilities for vulnerable adults and children.

b. Licensed Daycares, schools, libraries, parks, and trails.

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4. All Transitional Housing, Homeless Shelters & Warming Centers shall be required

to meet all applicable building, safety, fire and health code requirements.

5. Signage may be permitted in accordance with applicable sign regulations with the

issuance of a sign permit.

6. The application for an interim use permit for a Homeless Shelter, transitional

Housing, or Warming Center shall provide a list of its Board of Directors,

Executives and Officers and the owner of the proposed facility and the operator of

the facility.

7. Transitional Housing, Homeless Shelters, and Warming Centers lawfully

established prior to the effective date of this section shall be allowed to continue

provided they comply with applicable building, safety, fire and health code

requirements. Transitional Housing, homeless shelters, and warming centers which

are lawful nonconforming uses may expand the use within the existing structure in

which it is located provided the expanded use continues to comply with the

applicable building, safety, fire and health code requirements. However, no

relocation of the use or expansion of the structure in which it is located shall be

allowed except in conformity with the requirements of this Ordinance.

Furthermore, if any such nonconforming use is discontinued for period of one year

or more, it shall not be re-established except in conformity with the requirements of

this Ordinance.

Section 1019. Special Provisions for Bed and Breakfast Establishments

Bed & Breakfast Establishments are a conditional use in all residential zoning districts and shall

meet the following requirements:

A. A site plan showing location of home, garage and provision for guest parking is to be

provided.

B. At least one parking space per guest room is to be established and at least two spaces

for the homeowner are to be provided.

C. One three (3) square foot informational sign is allowed.

D. No exterior alterations shall be made to the residential structure other than those

necessary to meet health and safety codes.

E. The structure is to be owner occupied.

F. The bed and breakfast operation shall not use more than 50% of the floor area of the

principle residence.

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Section 1020. Special Provisions for Vacation Rentals

Vacation rentals are an interim use in all residential zoning districts and shall meet the following

requirements:

A. A site plan showing location of home, garage and provision for guest parking is to be

provided.

B. At least one parking space per guest room is to be established or at least one space per 3

maximum sleeping spaces, whichever is greater.

C. One three (3) square foot informational sign is allowed.

D. No exterior alterations or expansions shall be made to the residential structure other

than those necessary to meet health and safety codes.

E. All recreational equipment (canoes, boats, and other types of equipment, will be stored

inside an approved and permitted accessory structure).

Section 1021. Farm Animals

A. Allowed without a permit:

Domestic farm animals shall be an allowed accessory to a residential use without a

permit, subject to the following standards: (All other situations shall require a permit.)

1. The parcel contains a minimum of 3 contiguous acres.

2. The standard shall be one (1) animal unit per acre of fenced pasture, according to

“animal unit factor” calculation methods prescribed by the Minnesota Department

of Agriculture.

3. Adequate fencing to contain domesticated farm animals shall be provided and

maintained to insure safe confinement on the owner’s property.

4. Electric or barbed wire fence installed after April 8, 2009 shall be prohibited within

150 feet of an adjacent residential dwelling.

5. Covered shelter from winds and other weather shall be available.

6. Stallions and bulls shall only be allowed in R-1 Districts and shall be confined

within a fenced area of not less than 5 ft. in height.

B. Allowed with a permit:

A permit may be issued to allow domestic farm animals on residentially zoned

Property which contains less than three (3) acres, subject to the following standards:

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1. All animals and confinement area shall be maintained in a healthy and sanitary

condition.

2. The applicant shall provide a written management plan. The plan shall include a

diagram of the confinement area drawn to scale on a parcel site plan.

3. The confinement area is required to meet twice the required side and rear yard

setback requirements of Article IV of this Ordinance.

4. The total number of Animal Units allowed under this Section shall be determined

according to the size of the available confinement area, but in all cases the number

shall not exceed fifty (50%) percent of one animal unit.

5. Typical animal adult weight may not exceed 25 pounds with less than 1.5 acre total

parcel size, and 50 pounds on parcels which contain 1.5- 2.9 acre total parcel size.

6. Animals shall be confined in an appropriate structure and/or fenced area.

7. The animal confinement area shall not be located between a principal structure and

any street, with the exception of a platted alley.

8. Animal confinement area may not be located upon any part of an SSTS area.

9. The confinement area shall not consist of any type of vehicle or equipment, whether

or not operative.

10. The animal owner shall prevent animal noise from occurring on the property which

is audible on adjacent or nearby property.

11. Animal odors shall not be detectible on adjacent or nearby properties.

12. The animal owner shall prevent conditions which constitute a public nuisance.

13. All other requirements of Article VI of this Ordinance shall apply.

C. Non-domestic, exotic, or game animals.

The keeping of Non-Domestic, Exotic, or Game Animals may only be allowed upon

approval of an Interim Use Permit in accordance with Section 1205 of this Ordinance.

The Joint Planning Board may impose any requirements of this ordinance, state and

federal laws, and any other appropriate conditions to assure the safe keeping or

harboring of such animals on the property. Non-domestic animal owners shall be

required to mitigate any potential impacts to neighboring properties with conditions

imposed with an approved IUP. A yearly inspection of approved exotic animal IUPs

shall be conducted. This is meant to ensure that these permits are complying with the

conditions placed upon the permit.

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D. Beekeeping.

1. Allowed with a permit:

A permit may be issued to allow beekeeping.

2. All beekeeping in the Greater Bemidji Area shall employ the best management

practices as prescribed by the Minnesota Department of Agriculture, and are

additionally subject to the following standards:

A. Set back of hives must be set back 10 feet from all property lines and at least 25

feet from a principle building on an abutting lot. Hives will be no closer than 15

feet from a public sidewalk.

B. A flyway barrier at least six (6) feet in height shall shield any part of a property

line that is within twenty-five (25) feet of a hive. The flyway barrier shall consist

of a wall, fence, dense vegetation or a combination thereof.

C. Each beekeeper shall ensure that a convenient source of water is available at all

times to the honey bees so that the honey bees are discouraged from congregating

at swimming pools, bibcock, pet water bowls, birdbaths or other water sources

where they may cause human, or domestic pet contact.

D. Any hive which has been abandoned by the beekeeper, is unlawful and may be

summarily destroyed or removed from the municipality by an appropriate

designee. The beekeeper will have 30 days from the time of the complaint to

bring the hive/hives into compliance.

E. Beekeeping shall be prohibited on residentially zoned properties that contain a use

greater than a single-family dwelling including, but is not limited to, multi-family

units, duplex units, triplex units, quad units, residential facilities, etc. Unless an

Interim Use Permit has been obtained and the surrounding property owners and

renters have signed a bee keeping approval agreement.

F. No person is permitted to keep more than the following numbers of colonies on

any lot within the GBA, based upon the size of the lot:

1) One half acre lot or smaller: 3 colonies;

2) Lot larger than half acre but smaller than 3/ 4 acre: 4 colonies;

3) Lot larger than 3/ 4 acre lot but smaller than 1 acre: 6 colonies;

4) One acre lot but smaller than five acres: 8 colonies;

5) Larger than five acres: no restriction.

3. Honey Production

Each beekeeper is allowed to make in person sales of honey from the beekeeper's

residence as long as a permit has been applied for, approved, and the following

standards are met:

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a. The beekeeper must live on the apiary lot.

b. All honey sold in person on the residential premise must be produced by the

beekeeper's hives that are located on the subject residential premise.

c. An application for a home occupation must be applied for and a home

occupation permit approved prior to sale of product, signage or commercial

production commences.

E. Farm Animal Feedlot

Farm animal feedlot confinement operations which require a permit by the MPCA in

accordance with Minnesota Statues Section 116.07, subdivision 7 shall be required

to obtain an IUP in accordance with the procedures of this ordinance. The IUP

threshold shall be 50 animal units in R-1 Districts, 20 animal units in R-2 & B-1

Districts and 10 animal units in R-3 Districts. MPCA feedlot confinement

permits shall be prohibited in all other Districts.

Section 1022. Towers and Antennas

A. Purpose:

In order to accommodate the communication and sustainable energy needs of residents

and businesses while protecting the public health, safety, and general welfare of the

community, the JPB finds that these regulations are necessary to:

1. Maximize the use of existing and approved towers and buildings to accommodate

new antennas and towers in a manner which reduces the number of new towers

necessary to serve the community.

2. Ensure antennas and towers are designed, located, and constructed in accordance

with all applicable code requirements to avoid potential damage to adjacent

properties from failure of the antenna and tower through structural standards and

setback requirements.

3. Encourage wind energy conversion systems to be located on properties in a manner

which minimizes potential negative impacts upon adjacent properties.

4. Maintain community aesthetics by minimizing adverse visual effects of antennas

and towers.

B. Regulatory Applicability

1. These regulations shall only apply to towers which are not permitted as a land use

by another governmental agency. Where such provisions exist in conflict with

these requirements, the more restrictive provision shall apply. Such approval,

however, shall not supersede any other applicable permitting requirements and/or

other regulations contained elsewhere in this Ordinance.

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2. It shall be unlawful for any person, firm or corporation to erect, construct, place,

replace, or make structural repairs to any tower without first securing a building or

land use permit as required by this Section, unless otherwise exempted herein.

C. Height and Permit Requirements

The following permit requirements in relationship to tower height shall apply:

1. Less than 35 feet in height – No permit required, unless attached to a principal or

accessory structure in which case a building permit shall be required where building

codes are enforced and inspections required.

2. 35-75 feet in height – Requires a Building or Land Use Permit.

3. Greater than 75 feet in height - Requires an Interim Use Permit (IUP).

D. Setbacks

All towers shall conform to a minimum setback requirement from all property lines at a

horizontal distance of the total tower height, plus 10 feet from any property line.

Setback requirements are required even with engineering collapse analysis.

E. Lighting

Towers shall not be illuminated by artificial means and shall not display strobe lights

unless such lighting is specifically required by the Federal Aviation Administration or

other federal or state authority for a particular tower. When incorporated into the

approved design of the tower for camouflage purposes, light fixtures used to illuminate

ball fields, parking lots, or similar areas may be attached to the tower.

F. Signs and Advertisements

No signage, advertising, or identification of any kind intended to be visible from the

ground or other structures is permitted, except applicable warning and equipment

information signage required by the manufacturer or by federal, state, or local

authorities.

G. Accessory Utility Buildings

All utility buildings and structures accessory to a tower shall be architecturally

designed to blend in with the surrounding environment and shall meet the minimum

setback requirements for accessory structures of the underlying zoning district. Such

buildings shall be exempt from the maximum number of accessory structures allowed

or permitted under Section 601 (E) of this Ordinance.

H. Design Standards

Towers in all districts shall be of a monopole type unless otherwise permitted via CUP

or IUP or other permit. They shall be designed to blend into the surrounding

environment to the maximum extent possible through the use of building materials,

colors, texture, screening, landscaping, and other camouflaging architectural treatment,

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except in instances where the color is dictated by federal or state authorities such as the

federal aviation administration. Guyed towers and antennas (including antenna cables),

with the exception of WECS, shall be prohibited within all zoning districts, except in

R-1, I-1, and I-2 Districts. The JPB may approve alternatives, via IUP, where no other

alternative is available.

I. Tower Collocation Requirements

All antennas erected, constructed, or located within the Greater Bemidji Area shall co-

locate on existing towers or structures, except where a comprehensive analysis reveals

that there are no technical or structural alternatives. Such analysis shall be certified by

an appropriately licensed individual at the time of application.

J. Special Requirements for WECS

WECS shall be prohibited in R-3, R-4, R-5, R-6, LD, LC, MH and UR Districts; and

within all Shoreland Overlay areas.

1. Small Commercial WECS may only be permitted in R-1, R-2, B-1, U and Industrial

Districts with.

2. WECS greater than seventy five (75’) feet in height shall be prohibited in Airport

Zones A, B, and C.

3. WECS may only be permitted on parcels which are one (1) acre in size, or greater.

4. A maximum of one WECS per acre shall be allowed.

5. WECS shall maintain a minimum blade clearance of twelve (12’) from the ground.

6. WECS height is measured from the highest blade point to the top of existing grade

at the base.

7. WECS shall not exceed MN Rules 7030 governing noise.

K. Tower Construction Requirements

All towers erected, constructed, or located within the Greater Bemidji Area shall

comply with the following requirements:

1. Structural Engineer's Report: The applicant shall provide a report from a licensed

structural engineer which demonstrates the tower's compliance with all applicable

structural and electrical, standards, including, but not limited to, the Minnesota

State Building Code, and IBC. The report shall include analysis of the base

construction and the soils into which the tower will be placed. The report shall

include the engineer's certification.

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2. Exceptions: Building or land use permits are not required for:

a. Adjustment, repair, or replacement of existing antennas or the elements of an

antenna array affixed to a tower or antenna; provided that adjustments or

replacement does not reduce the safety factor.

b. Routine maintenance (e.g., painting) and other nonstructural related repairs of

towers.

c. Antennas and/or towers erected temporarily for test purposes, for emergency

communication, or for broadcast remote pick up operations, provided that all

requirements of subsection (E) and (F) of this section are met. Temporary

antennas shall be removed within seventy two (72) hours following installation,

unless additional time is approved by the JPB. Temporary towers erected for

emergency purposes may be exempt from setback requirements of this Section.

L. Existing Antennas and Towers

Antennas and towers in existence as of the effective date hereof which do not conform

or comply with this chapter are subject to the following provisions:

1. Towers may continue in use for the purpose used and existing as of the effective

date hereof, but may not be replaced or structurally altered without complying in all

respects with this chapter.

2. If such towers are subsequently damaged or destroyed due to any reason or cause

whatsoever, the tower may be repaired and restored to its former use, location, and

physical dimensions upon obtaining a land use or building permit for the repair or

restoration, but without otherwise complying with this chapter, in accordance with

Section 501 (E) of this Ordinance.

M. Abandoned, Unused Towers and Tower Decommissioning

All abandoned or unused towers and associated facilities shall be removed within

twelve (12) months of the cessation of operations at the site unless a time extension is

approved by the JPB. After the facilities are removed, the site shall be restored to its

original or an improved state.

N. Interference with Public Safety Telecommunications

No new or existing telecommunications service or WECS shall interfere with public

safety telecommunications or air traffic.

O. Additional Submittal Requirements

In addition to the information required elsewhere in this title, an application for a land

use or building or interim use permit for towers and antennas shall include the

following supplemental information:

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A report from a qualified and licensed structural engineer which includes the following:

1. Describes the tower height and design including a cross section and elevation.

2. Documents the height above grade for all potential mounting positions for

collocated antennas and the minimum separation distances between antennas.

3. Describes the tower's structural integrity and capability of the base, including the

number and type of antennas that it can accommodate.

P. Exemptions

Satellite TV antennas that are six feet (6ft) or less in diameter are exempt from the

requirements under this Section.

Section 1023. Solar Energy Systems

Purpose

It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy

systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as

a permitted accessory use while protecting the health, safety and welfare of adjacent and

surrounding land uses through appropriate zoning and land use controls. A solar energy system

shall be permitted in any zoning district as an accessory to a principal use herein and subject to

specific criteria as set forth below.

Requirements

a) A solar collection device or combination of devices shall be designed and located to avoid

glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with

traffic or create a safety hazard.

b) Roof mounted solar collection devices shall not extend more than 10 feet from the top of the

roof. The total height of the building including the solar collection devices shall not extend more

than 10 feet above the height regulations in the applicable zoning district.

c) Solar collection devices shall not exceed 45 feet in height.

d) A solar energy system connected to the utility grid shall provide written authorization from

the local utility company to acknowledge and approving such connection.

e) The minimum solar energy system setback distance from the property lines shall be equivalent

to the building setback requirement of the underlying zoning district.

f) Before any construction can commence on any solar energy system the property owner must

acknowledge that he/she is the responsible party for owning and maintaining the solar energy

system.

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Exemptions

a) Ground mounted solar energy systems shall not be included in calculation of impervious

surface if mounted on a pole.

b) Ground mounted solar energy systems are considered an accessory structure and will not be

required to be screened as equipment.

Section 1024. Mining and Extractive Uses

A. Requirements

Mining and extractive uses shall require an Interim Use Permit (IUP) from the Joint

Planning Board as prescribed in Article XII. of this Ordinance, and shall be subject to

all requirements of this Section. All requests for an IUP shall include a restoration plan

complete with final elevations and a timetable for final restoration.

B. Information Requirements

In addition to the information required on the permit application, the following

information shall be provided, in writing, by the person requesting the permit:

1. Maps of existing conditions, proposed operations and proposed end use of the site.

Maps shall include the site and all areas within one-half (1/2) mile of the site. All

maps shall be drawn at a scale of one inch to one hundred feet. Such maps shall

include the following information:

a. Map of existing conditions shall include: contour lines at five (5) foot intervals,

soil conditions, vegetation, drainage and permanent water areas, structures,

wells and existing and proposed roads.

b. Map of proposed operations shall include: Location of materials to be

extracted, structures to be erected or constructed, location of tailing deposits

showing their maximum height, location of machinery to be used, location of

material storage showing its maximum height, location of vehicle parking,

location of explosives, storage, location of erosion and sediment control

structures.

c. Reclamation Map shall include: Final grade of proposed site showing

elevations and contour lines at five (5) foot intervals, location and species of

vegetation to be replanted, location and nature of any structures to be erected.

2. A soil erosion and sediment control plan.

3. A plan for noise and dust control.

4. A full description of all phases of the proposed operation, including the expected

duration of the mining or excavation operation.

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5. Any other information deemed necessary by the Joint Planning Commission in

order to make an informed decision.

C. Standards

1. The area shall be kept free of noxious weeds according to the requirements of State

and Local Laws.

2. All equipment used for mining or excavation operations shall be constructed,

maintained and operated in such a manner as to minimize, as far as is practical,

noises and vibrations which are injurious or substantially annoying to persons living

in the vicinity.

3. The mining or excavation operation shall not be allowed to interfere with surface

water drainage beyond the boundaries of the site. The mining or excavation

operation shall not adversely affect the quality of surface or subsurface water

resources. Surface water originating outside and passing through the site shall, at

its point of departure from the site, be of equal quality to the water at the point

where it enters the site. The mining or excavation operator shall perform any water

treatment necessary to comply with this provision.

4. Any mining or excavation operation within three hundred (300) feet of two (2) or

more residential structures shall be bound by the following standards:

a. Where man-made or artificial collections of water occur that are one and one-

half (1 1/2) feet or more in depth, existing for any period of at least one (1)

month, all access to such man-made or artificial collections of water shall be

barred by a fence or some similarly effective barrier such as a snow fence of at

least four (4) feet in height.

b. In locations where slopes occur that are steeper than one (1) foot vertical to

three (3) feet horizontal existing for a period of one (1) month or more, access

to such slopes shall be barred by a fence or some similarly effective barrier such

as a snow fence at least four (4) feet in height.

5. The location of the intersection of excavation access roads with any public roads

shall be selected such that traffic on the access roads will have a sufficient distance

of public road in view so that any turns onto the public road can be completed with

a margin of safety.

6. To minimize problems of dust and noise, and to shield mining or excavation

operations from public view, a screening barrier shall be maintained between the

site and adjacent residential and commercial properties. A screening barrier shall

also be maintained between the excavation site and any public road within five

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hundred (500) feet of any mining, excavation or processing operations. The

screening barrier shall be planted with a species of fast growing trees such as Jack

Pine and/or other native species. Existing trees and ground cover along public road

frontage shall be preserved, maintained, and supplemented for the depth of the road

side setback except where traffic safety requires cutting and trimming.

7. Mining or excavation operations shall not be conducted closer than fifty (50) feet to

the right-of-way line of any existing or platted street, road or highway, except that

excavating may be conducted within such limits in order to reduce the elevation

thereof in conformity to the existing or platted street, road, or highway. Excavation

operations shall not be conducted closer than five hundred (500) feet from the

ordinary high water level of any classified lake, river, or stream.

8. All buildings, structures and plants used for the production of sand and gravel shall

be maintained in such a manner as is practical and according to acceptable

industrial practice as to assure that such buildings, structures and plants shall not

become dangerously dilapidated.

9. All equipment used for mining or excavation operations shall be constructed,

maintained and operated in such a manner as to conform to Minnesota Pollution

Control Agency Rules, Chapter 7011 which govern air quality/dust conditions

which are injurious or substantially annoying to persons living within six hundred

(600) feet of the mining or excavation operations site. All access roads from the

mining or excavation operations to public highways, roads or streets or to adjoining

property shall be paved or surfaced with gravel to minimize dust conditions.

10. All mining or excavation sites shall be reclaimed immediately after excavation

operations cease. Reclamation shall be completed within one (1) year. The

following standards shall apply:

a. Within a period of three (3) months after the termination of a mining or

excavation operation, or within three (3) months after abandonment of such

operation for a period of six (6) months, or within three (3) months after

expiration of an interim use permit, all buildings, structures and plants

incidental to such operation shall be dismantled and removed by, and at the

expense of, the mining or excavation operator last operating such buildings,

structures and plants.

b. The peaks and depressions of the area shall be graded and backfilled to a

surface which will result in a gently rolling topography and substantial

conformity to the land area immediately surrounding, and which will minimize

erosion due to rainfall. No finished slopes shall exceed eighteen (18) percent in

grade.

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c. Reclaimed areas shall be sodded or surfaced with a soil of a quality at least

equal to the topsoil of land areas immediately surrounding, and to a depth of six

(6) inches. Such required topsoil shall be planted with legumes and grasses.

Trees and shrubs may also be planted, but not as a substitute for legumes and

grasses. Such plantings shall adequately retard soil erosion. Mining or

excavations completed to a water producing depth need not be backfilled if the

water depth is at least ten (10) feet and if banks are sloped to the waterline at a

slope no greater than three (3) feet horizontal to one (1) foot vertical. The

finished grade shall be such that it will not adversely affect the surrounding land

or future development of the site upon which mining or excavation operations

have been conducted. The finished plan shall restore the mining or excavation

site to a condition whereby it can be utilized for the type of land use proposed to

occupy the site after mining or excavation operations cease.

d. The permit holder shall provide the JPB with a permanent financial guarantee

which ensures these reclamation requirements shall be satisfied. The amount

shall be determined according to the JPB Fee Schedule, or an amount as

otherwise determined by the JPB prior to final approval. Failure to maintain

such financial guarantees on record with the JPB may be cause for immediate

review of the permit and possible revocation after conduct of a formal review

hearing.

Section 1025. Special Provisions for Asphalt Plants and Processing Facilities

No asphalt plant or asphalt processing facility is permitted except in conformance with the

following standards:

A. No asphalt plant or processing facility may be located closer than 500 feet from the

nearest property line of the premises or building used as a dwelling or residence, place

of worship, school, public park, licensed family daycare, licensed group family

daycare, or licensed child care or daycare center.

B. All asphalt plants must be surrounded by an earthen berm at least eight (8) feet above

the average grade at the placement of the processing facility or equipment.

Section 1026. Special Provisions for Adult Entertainment

A. Purpose

It is the purpose of this Section to provide standards for Adult Oriented Establishments

in order to promote the health, safety, morals, and general welfare of the Greater

Bemidji Area and to establish uniform regulations to:

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1. Prevent additional criminal activity within the community;

2. Prevent deterioration of neighborhoods and its consequent adverse effect on real

estate values of properties within the neighborhood;

3. To locate Adult Oriented Establishments away from residential areas, schools,

religious institutions, parks and playgrounds;

4. Prevent concentration of Adult Oriented Establishments.

The provisions of this Ordinance have neither the purpose nor effect of imposing a

limitation or restriction on the content of any communicative materials, including Adult

oriented materials. Similarly, it is neither the intent nor effect of this Ordinance to restrict

or deny access by adults to adult oriented materials protected by the First and Fourteenth

Amendments to the Constitution of the United States or to deny access by distributors and

exhibitors of Adult oriented entertainment to their intended market. This Ordinance

represents a balancing of the legitimate ends of the Community by imposing incidental,

content-neutral place, time and manner of regulation of sexually oriented entertainment

and businesses without limiting alternative avenues of communication, The special

regulations deemed necessary to control the undesirable effects arising from these

enterprises are set forth in this Ordinance. See City of Erie v. Pap’s A.M., 529 U.S. 277,

297 (2000) (holding that municipalities may “reasonably rely on the evidentiary

foundation set forth in Renton and American Mini Theatres to the effect that secondary

effects are caused by the presence of even one adult entertainment establishment” in a

community); California v. LaRue, 409 U.S. 109, 111 (1972) (describing illicit “sexual

conduct between dancers and customers” which included oral copulation and prostitution,

as well as public masturbation, indecent exposure, attempted rape, rape, and assaults on

law enforcement officers); see also Young v. American Mini Theatres, Inc., 427 U.S. 50

(1976), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Barnes v. Glen

Theatre, Inc., 501 U.S. 560 (1991) (noting cases of prostitution linked with nude dancing

establishments).

B. Application of this Ordinance

Except as may otherwise be permitted in this Ordinance, 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.

No Adult Oriented Business shall engage in any activity or conduct, or permit any other

person to engage in any activity or conduct, in or about an establishment which is

prohibited by any Ordinance of the Joint Planning Board, a participating community in the

Joint Planning Board, the laws of the State of Minnesota or the United States of America.

This Ordinance shall supersede any similar regulations imposed by Beltrami County MN.

However, nothing in this Ordinance shall be construed as authorizing or permitting

conduct which is prohibited or regulated by other statutes or ordinances, including but not

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limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene

material generally, or the exhibition, sale or distribution of specified material to minors.

C. Licensing

1. No person, firm or corporation shall own or operate an adult oriented business in

the I-1 Zoning District without having first secured a license from the City of

Bemidji.

2. Accessory uses that use less than 200 square feet or ten (10) percent of the total

floor area (square footage), whichever is less, of the establishment, space, structure

or building in which it is located are exempted from obtaining a license.

D. Nonconforming Uses

Any legally established adult oriented business existing on the effective date of the

adoption of this Ordinance may be continued subject to the provisions of Article V of

this Ordinance and the following provisions:

a. No such adult oriented business shall be expanded or enlarged except in conformity

with the provisions of this Ordinance;

b. A non-conforming adult oriented business shall be required to apply for and receive

an adult oriented establishment license from the City of Bemidji. The City of

Bemidji does not require a public hearing before issuing a license for the

nonconforming adult oriented businesses.

E. Interim Use Permit Required.

Adult oriented establishments may be located only in the I-1 Light Industrial Zoning

District, as defined in Article III of this Ordinance, with an Interim Use Permit issued

by the JPB.

F. Location Conditions of Interim Use Permit

An adult oriented establishment located in the I-1 Zoning District shall be subject to the

following conditions:

1. No adult oriented establishment shall be located closer than 300 feet from any other

adult use or sexually oriented business in the City or County. Measurements shall

be made in a straight horizontal line, without regard to local government

boundaries, intervening structures or objects, from the nearest point of the actual

business premises of the adult use or sexually oriented business to the nearest point

of the actual business premises of any other adult use or sexually oriented business.

2. No adult oriented establishment shall be located closer than 500 feet from any

residential lot line, place of worship, school, public park, licensed family daycare

home, public library, or licensed child care or daycare center in the city or county.

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Measurements shall be made in a straight horizontal line, wit7hout regard to local

government boundaries, intervening structures or objects, from the nearest point of

the actual business premises of the adult use or sexually oriented business to the

nearest property line of the premises or building used as a dwelling or residence,

place of worship, school, public park, licensed family daycare home, licensed group

family daycare home, public library or licensed child care or daycare center.

3. No adult oriented establishments shall be located closer than 500 feet from any

residential lot line, any residential zoning district or any residential planned unit

development (PUD). Measurements shall be a straight horizontal line, without

regard to local government boundaries, intervening structures or objects, from the

nearest point of the actual business premises of the adult oriented establishment to

the nearest property line of the premises or building used as a dwelling or residence,

residential zoning district or PUD

4. No adult oriented establishments shall be located closer than 500 feet from any state

or federal trunk highway or 200 feet from Carr Lake Road (CSAH 404) and Paul

Bunyan Drive SE (CSAH 50).

5. The building owner or operator of an adult oriented use is prohibited from having

more than one (1) of the following uses, tenants or activities in the same building

structure:

a. Adult body painting studio;

b. Adult book store;

c. Adult cabaret;

d. Adult car wash;

e. Adult companionship establishment;

f. Adult entertainment facility;

g. Adult hotel or motel;

h. Adult modeling studio;

i. Adult sauna/steam room/bathhouse;

j. Adult motion picture theater;

k. Adult mini-motion picture theater;

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l. Adult massage parlor;

m. Adult health/sports club;

n. Adult novelty business;

o. Any business or establishment in which there is an emphasis on the

presentation, display depiction, or description of “specified sexual activities” or

“specified anatomical areas” that the public can see.

6. An adult oriented establishment shall not sell or dispense non-intoxicating or

intoxicating liquors, nor shall it be located within 500 feet of a building that

contains a business that sells or dispenses 3.2% malt liquor beverage or intoxicating

liquors. An adult use oriented establishment shall not allow the consumption of

non-intoxicating or intoxicating liquors anywhere on a parcel containing that use or

business.

7. No adult oriented establishment’s entertainment shall engage in any activity or

conduct or permit any other person to engage in any activity or conduct in or about

the adult use establishment that is prohibited by any local government ordinance,

the laws of the State of Minnesota or the United States of America. Nothing in this

Ordinance shall be construed as authorizing or permitting conduct that is prohibited

or regulated by other statutes or ordinances prohibiting the exhibition, sale, or

distribution of obscene material generally, or the exhibition, sale or distribution of

specified materials to minors.

8. No adult use oriented establishment shall be conducted in any manner that permits

the perception or observation from any property not approved as an adult use, of

any materials depicting, describing or relating to “specified sexual activities” or

“specified anatomical areas” by any visual or auditory media, including display,

decoration, sign, show window, sound transmission or other means.

9. All adult use oriented establishments shall prominently display a sign at the

entrance and located within two (2) feet of the door opening device of the adult use

establishment or section of the establishment devoted to adult books or materials

which states: “This business sells or display material containing adult themes.

Persons under eighteen (18) years of age shall not enter”.

10. No adult oriented establishments (principal) shall be open to the public between the

hours of 10:00 p.m. and 10:00 a.m. on the days of Monday through Saturday. No

adult oriented establishments (principal) shall be open to the public on Sunday.

11. Adult use accessory shall be prohibited from both internal and external advertising

and signing of adult materials and products.

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12. An adult oriented establishment shall prevent off-site viewing of its merchandise,

which if viewed by a minor would be in violation of Minnesota Statutes Chapter

617 or other applicable federal or state statutes or local ordinances.

13. All entrances to the establishment with the exception of the emergency fire exits

which are not useable by patrons to enter the business shall be visible from a public

right-of-way.

14. The layout of the display areas shall be designed so that the management of the

establishment and any law enforcement personnel inside the store can observe all

patrons while they have access to any merchandise offered for sale or viewing

including but not limited to books, magazines, photographs, video tapes, or any

other material.

15. Illumination of the premises exterior shall be adequate to observe the location and

activities of all persons on the exterior premises.

16. Signage shall also be in compliance with Section F. of this Ordinance.

17. No Adult Oriented Establishment may be granted a conditional use permit under this

section unless it is applied for and received a business license from the City of

Bemidji. Applications for a business license and a conditional use permit may happen

concurrently or a conditional use permit may be granted under the section subject to

the applicant receiving a license from the City of Bemidji. An applicant for a

conditional use permit under this section shall also include a copy of the application

for the business license.

G. Appeals.

In the event of a denial of an Interim use permit by the JPB, the applicant may seek

prompt judicial review of such administrative action in any court of competent

jurisdiction. The administrative action of the JPB shall be promptly reviewed by the

court.

Section 1027. Special Provisions for Fire Protection and Safety

The current Minnesota State Fire Code (MN Statutes 299F.011) and reference standards,

including all subsequent amendments and updates thereto, shall be required for all commercial

site improvements.

Section 1028. Special Provisions for Outdoor Shooting Ranges

A. Purpose

It is the purpose of this Section to provide standards for Outdoor Shooting Ranges, which

shall include pistol/rifle ranges and shotgun ranges, in order to promote the health, safety,

and general welfare of the Greater Bemidji Area and to establish uniform regulations of

the following:

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1. Safety standards

2. Noise standards

3. Environmental standards

B. General Requirements

1. Conditional Use Permit required: Outdoor shooting ranges shall be permitted uses

exclusively in R-1 Rural Districts of the Greater Bemidji Area and solely pursuant to a

Conditional Use Permit subject to the standards of this ordinance.

2. Outdoor shooting ranges shall meet all applicable standards established in the 1999

edition of the National Rifle Association (NRA) Range Source Book.

3. Outdoor shooting ranges shall meet all applicable State and Federal regulations

including, but not limited to: the Minnesota Department of Natural Resources,

Environmental Protection Agency, the Occupational Safety and Health Administration,

the Beltrami County Sherriff’s Department, or the City of Bemidji Police Department.

4. Documentation indicating compliance with the standards cited hereinafter shall be

submitted with the site plan including the development of a community relations plan,

which describes exactly how positive relationships with the surrounding neighborhoods

and communities will be established and maintained. The key components of this plan

shall include: (1) A noise management plan that describes exactly how the impacts of

sound and noise potential will be addressed and mitigated; (2) A environmental plan that

addresses lead deposits, cleanup, containment, and recycling methods; (3) and a safety

management plan that show that the range’s operational safety conditions are adequate.

C. Nonconforming Uses/Exemptions

The terms of this ordinance shall not apply to indoor shooting ranges, public outdoor

shooting ranges developed and operating as of the effective date of the ordinance codified

in this chapter, private outdoor shooting ranges where no fee is charged or membership

required for the use of the facility and where firing occurs less than five times per month

by other than the property owner or lessee, or to ranges used exclusively for archery;

provided, any expansion of a public outdoor shooting range beyond that developed and

operating as of the effective date of said ordinance, or beyond the terms of a permit

issued hereunder, shall require issuance of a new Conditional Use Permit and the total

facility shall be subject to the standards of this ordinance.

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D. Standards

1. Safety Standards

a. Setbacks:

1. All shooting stations on a range facility shall be located a minimum of

two hundred (200) feet from any adjacent property line.

2. All shooting stations on a range facility shall be located at least seven

hundred fifty (750) feet from any existing occupied dwelling.

b. Range Design/shot containment

1. Pistol/rifle range – Pistol and rifle firing range design shall include

sufficient land area under control of the applicant for a safety fan (direct

fire zone, safety zones and ricochet zones) to accommodate the ballistics

of the highest powered firearms and ammunition to be used on the range.

Such geographic areas shall be based on the guidelines contained in the

NRA Source Range Handbook.

2. Shotgun range – Shotgun ranges shall meet all applicable standards

established in the 1999 edition of the National Rifle Association (NRA)

Range Source Book.

c. Security

1. The outdoor shooting range shall be fenced in a manner so as to prohibit

entrance onto the property by members of the public.

2. The outdoor shooting range shall have signs posted at one hundred

(100) foot intervals warning members of the public of the danger. A sign

shall be constructed on the range site listing allowable types of firearms,

and stating the rules of the operation of the range.

d. Operations

Outdoor shooting ranges shall meet all applicable standards established in the

1999 edition of the National Rifle Association (NRA) Range Source Book in

terms of the operational procedures of the range.

2. Noise Standards

Shooting range facilities shall be designed to minimize off-site noise impacts

generated by the activities conducted on the range facility. All firing line locations

shall be located such that the sound levels generated by the discharge of firearms

comply with the standards established by the Minnesota Department of Natural

Resources. All noise studies shall be at the applicant’s expense and shall be

performed by a professional engineer registered in the State of Minnesota.

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3. Environmental Standards

Wetland and wildlife preservation: Firing ranges shall be developed such that

there are no streams, ponds, lakes, or other water courses or wetlands located

between any firing line or within any shotgun shotfall zone.

Lead management program: Shooting range facilities shall implement best

management practices for lead management as specified by the Environmental

Protection Agency’s (EPA) most current edition of Best Management Practices

for Lead at Outdoor Shooting Ranges.

Section 1029. Special Provisions for Medical Cannabis Distribution and Production

A. Purpose

It is the purpose of this Section to provide standards for Medical Cannabis distribution

and production, The Minnesota Legislature enacted the law that created the Medical

Cannabis Program. To fully develop the details for this program, the Legislature

authorized the Department of Health (MDH) to adopt rules.

If medical Cannabis facilities were allowed to be established and to operate without

appropriate local regulation of their location, medical cannabis businesses might be

established in areas that would be inconsistent with surrounding land uses, or otherwise

be detrimental to the public health, safety and welfare; including problems with odors,

ventilation, mold, mildew, and fire safety.

The regulations are meant to limit the number of medical cannabis businesses that can be

established within the Greater Bemidji Area based on the population, the needs of the

community and the desires of the inhabitants.

B. General Requirements

It shall be unlawful for any person to operate a medical cannabis business without first having

obtained a license to operate from the State of Minnesota and an Interim Use Permit from the

Greater Bemidji Area Joint Planning Board.

1. Interim Use Permit required:

Medical Cannabis Dispensary shall be an allowed use exclusively in OM, UR, B-

1, B-2, I-2 and I-2 Districts of the Greater Bemidji Area and solely pursuant to an

Interim Use Permit subject to the standards of this ordinance.

Medical Cannabis Production shall be shall be an allowed use exclusively in R-1,

B-1, OM, I-1 and I-2 Districts of the Greater Bemidji Area and solely pursuant to

an Interim Use Permit subject to the standards of this ordinance.

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B. Documentation indicating compliance with the standards cited hereinafter shall be

submitted with the site plan including the development of a community relations

plan, which describes exactly how positive relationships with the surrounding

neighborhoods and communities will be established and maintained. The key

components of this plan shall include: (1) A smell and waste plan that describes

exactly how the impacts of smell and waste product will be addressed and

mitigated; (2) A environmental plan that addresses any hazardous wastes or

contamination associate with the production or distribution; (3) and a safety

management plan that show that the medical cannabis facility is operational and

safety conditions are adequate.

C. No Mobile Facilities. No Medical Cannabis Dispensary shall be located in

movable or mobile vehicle or structure.

D. The dispensary shall be located in a permanent building and may not be located in

a temporary structure, trailer, cargo container, motor vehicle or other similar

nonpermanent enclosure.

E. Limitation on the number of facilities allowed in the GBA. Only one Medical

Cannabis Dispensary and one Medical Cannabis Production facility will be

allowed with an approved Interim Use Permit within the GBA.

C. Standards

1. No Medical Cannabis Production Facility is to be located is within five hundred feet

(500’) of the following:

i. Any residential land use;

ii. Any public park or other publicly owned or maintained building open for use

by the general public; or

iii. Any religious institution or place of worship.

The distance shall be computed by direct measurement from the nearest property line of the land

used for the above uses to the nearest portion of the building in which the medical marijuana

business is to be located

1. Medical Cannabis Production Facilities shall not have plants, products, accessories, and

associated paraphernalia visible to members of the public from a public sidewalk, public

street or right-of-way, any other public place, or any portions of the building in which the

medical marijuana business is located not restricted to access by patients and employees

only.

2. No signs associated with a medical marijuana business shall use the words “marijuana”,

“cannabis”, or other any word or phrase commonly understood to refer to marijuana. No

depiction of marijuana plants or leaves shall appear on any exterior sign of a medical

cannabis business.

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3. There shall be an approved plan for emission of dust, fumes, vapors, smoke or odors into

the environment from the facility.

An Interim Use permit for a Medical Cannabis Facility may be subject to conditions that are

reasonably necessary to protect the public health, safety or welfare.

Section 1030. Special Provisions for Home and Community-Based Services

A. Purpose

On January 16, 2014 the Centers for Medicare and Medicaid Services (CMS) in the U.S. Depart-

ment of Health and Human Services issued final rules in the Federal Register that implemented

section 1915(i) State Plan home and community-based services.

The goal is to remove the “institutional” style living arrangements and maximize opportunities

for people to have access to the benefits of community living, including receiving services in

integrated settings. Rather than “group home” settings those recipients of services are

encouraged to live in a variety of home settings.

The GBA shall consider the residence of the recipient of services under a home and community-

based services as a residential use of property for the purposes of zoning and consider this a

permitted use in all residential zones or districts, including all single-family residential zones.

The GBA shall not require that the recipient, or owner of such residence if other than the

recipient, obtain a conditional use permit. The GBA shall not establish limitations regarding the

proximity of one such residence to another.

B. General Requirements

a. The residence is a single-family dwelling owned or rented by the recipient.

b. The residence is a multifamily dwelling which does not hold itself out to the

public as a community-based residential provider otherwise regulated by law,

including but not limited to a residential care facility, and which provides

dwelling units to no more than four recipients of services under a home and

community-based services waiver at any one time.

c. The homes shall contain no more than 6 residents.

Section 1031. Environmental Review

A. The provisions of Minnesota Statutes, Chapter 116D and Minnesota Rules, Chapter 4410

are hereby adopted by reference as they may be amended and are declared to be part of

this Ordinance.

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B. Under state law certain projects, because of their potential to produce significant

environmental effects, are required to prepare an environmental assessment worksheet

(“EAW”) or an environmental impact statement (“EIS”) before the Joint Planning Board

can issue any final zoning approvals for these projects. Mandatory EAWs are identified

in Minnesota Rules, parts 4410.1000; 4410.4300; and 4410.4400, and mandatory EISs

are identified in Minnesota Statutes, section 116D.04 and Minnesota Rules, part

4410.2000. The Joint Planning Board is also authorized under Minnesota Rules, part

4410.1000 to exercise its discretion, either on its own initiative or in response to a

petition, to determine based on the nature or location of a project to require an EAW.

Upon the review of an EAW and related comments, the Joint Planning Board may also

require an EIS if it determines the project has the potential for significant environmental

effects. The law also expressly exempts certain projects from the environmental review

process.

C. The Minnesota Environmental Quality Board oversees the environmental review process

and provides a great deal of materials and information to assist affected parties and local

governments to understand and work through the process.

D. The purpose of this Section is to incorporate the environmental review process into the

Ordinance and to help inform project proposers of its requirements. Nothing in this

Section is intended, or shall be interpreted, as establishing standards or procedures that

are less strict than those required by law. To the extent any provision in this Section is

found to be less strict, or directly contrary to, state law, the applicable provisions of state

law shall be controlling.

E. The provisions of this Section shall apply to any project subject to environmental review

under law.

F. The Planning Administrator is responsible for the administration of this Section. The

Joint Planning Board shall make the determination of whether a project may have the

potential for significant environmental effects and to otherwise exercise the discretion

allowed by law to determine whether an EAW or EIS shall be required for proposed

projects.

G. The Joint Planning Board shall, to the greatest extent permitted by law, serve as the

responsible governmental unit for the purposes of the environmental review process for

projects occurring within its jurisdictional boundaries.

H. Environmental Assessment Worksheets (EAW).

(1) An EAW shall be required if mandated by law or if the Joint Planning Board

exercises its discretion under Minnesota Rules, part 4410.1000, subpart 3 to require

an EAW.

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(2) The Planning Administrator shall identify when a mandatory EAW is required or

when, based on the nature or location of the proposed project, the Joint Planning

Board may wish to consider a discretionary EAW. In either case, the Planning

Administrator shall report to the Joint Planning Board on the environmental review

process related to the proposed project.

(3) Upon the Planning Administrator’s report to the Joint Planning Board, or if the Joint

Planning Board receives a petition for an EAW as provided in Minnesota Rules, part

4410.1100, the Joint Planning Board shall decide whether to require a discretionary

EAW. The Joint Planning Board may forward the matter to the Planning

Commission for review and a recommendation before deciding whether to require a

discretionary EAW. Notice of the Joint Planning Board’s decision shall be provided

to the project proposer.

(4) If an EAW is required, the proposer of the project shall submit an “Application for

Environmental Review” along with the completed data portions of the EAW. The

applicant shall agree in writing, as part of the application, to reimburse the Joint

Planning Board prior to the issuance of any permits for all reasonable costs, including

legal and consultants’ fees, incurred in preparation and review of the EAW. The

proposer shall make a deposit with the Joint Planning Board an amount identified in

the fee schedule, or as may otherwise be determined by the Joint Planning Board, to

be held in escrow for the payment of these costs. The proposer shall be required to

deposit additional funds as may be required to fully reimburse the Joint Planning

Board. Any unexpended funds shall be returned to the proposer within 30 days of the

Joint Planning Board’s decision.

(5) The Planning Administrator shall promptly review the application for completeness

and accuracy. If the Planning Administrator determines that the submittal is

incomplete, the submittal shall be returned to the proposer within five days for

completion of the missing data. If the Planning Administrator determines that the

submittal is complete, the proposer shall be notified of the acceptance of the submittal

within five days. The Joint Planning Board shall have 30 days from notification to

add supplementary material to the EAW, if necessary, and to approve the EAW for

distribution.

(6) Upon completion of the EAW for distribution by the Planning Administrator, the

Joint Planning Board shall provide mailed notice of the availability of the EAW and

date of the meeting at which the Planning Commission will consider the matter to all

property owners within at least 750 feet of the boundaries of the property which is the

subject of the EAW. Said notice shall be mailed at minimum 10 days before the date

of the Planning Commission meeting during which the EAW will be considered.

Failure of a property owner to receive notice shall not invalidate any such

proceedings on the EAW or the underlying land use proposal.

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(7) The Planning Administrator shall receive and collect all written comments on an

EAW submitted during the 30-day EAW review and comment period. The Planning

Commission and the Joint Planning Board may take public comment on the EAW

during the 30-day period, provided that notice of the comment time is published and

mailed to the proposer at least 10 days prior to the date the Planning Commission or

Joint Planning Board plans to take public comment.

(8) When reviewing an EAW or EIS, Joint Planning Board staff and the Planning

Commission may suggest design alterations which would lessen the environmental

impact of the action. The Joint Planning Board may require these design alterations

to be made as a condition for approving the land use proposal when it finds that the

design alterations are necessary to lessen the environmental impact of the action.

(9) The Planning Commission shall review the EAW and all public commentary after the

close of the comment period, and make a recommendation to the Joint Planning

Board regarding the need for an EIS. The Joint Planning Board shall meet no less

than three and no more than 30 days after the close of the comment period to decide

whether and EIS is needed for the land use proposal. Both the Planning Commission

and the Joint Planning Board shall use the standards and procedures set forth in

Minnesota Rules, parts 4410.1700 and 4410.2000 to guide their recommendations

and decisions.

I. If the Joint Planning Board determines that an EIS is necessary, they shall apply and

follow Minnesota Statutes, section 116D.045, Minnesota Rules, parts 4410.1700-

4410.3000 in the preparation and review of an EIS.

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ARTICLE XI

SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS

Section 1101. Subdivisions of Land

Lot division or boundary line realignment is defined as the division of land into two but not more

than three lots, parcels or other division of land for sale, development or other use. Parcels

receiving approval of division yet unrecorded are not considered legal divisions, unless the land

owner can demonstrate a legal basis for lack of recordation.

A parcel may be divided no more than twice, and into no more than three total parcels without

subdividing, in accordance with the remaining provisions of this Section. A parcel of record is a

parcel that is 20 acres or larger as a unit or as contiguous units on the current tax roll.

Parcels which are adjacent to platted, but not accepted for maintenance, roads, may be approved

administratively in accordance with the provisions of this Ordinance. No land use or building

permits shall be issued until a Certificate of Survey (COS) has been filed with the Beltrami

County Recorder, and a new parcel identification number has be issued for each new parcel

created. No lot may be created that would require the issuance of a variance in order to obtain a

building/land use permit.

No new lot shall be created that does not meet the minimum dimensional standards of the

encompassing zoning district and any applicable overlay districts. Except in the case of a

planned unit development, each lot shall have access directly onto an abutting public street.

An exception to this access requirement may be allowed where the parcel without direct street

access, and the adjacent parcel which affords access, both contain a minimum of two (2) acres

and a minimum lot width of two hundred (200’) feet. In such cases, a permanent minimum

thirty-three (33’) foot wide private access easement shall be recorded against the adjacent parcel

in favor of the restricted access parcel; which shall not be included in the calculation of the

minimum lot width requirement (must be over and above minimum). Properties seeking lot

division approvals which cannot meet these standards may only be approved by variance.

Each new subdivision becomes a permanent unit in the basic physical structure of the

community, a unit to which the future community will of necessity be forced to adhere.

Piecemeal planning of such subdivisions, without correlation to a Plan, will bring a disconnected

patchwork of plats and poor circulation of traffic. In order that new subdivisions will contribute

toward an attractive, orderly, stable and wholesome community environment, adequate services

and efficient movement of traffic, all subdivisions hereafter platted within the jurisdiction of the

Greater Bemidji Area, shall, in all respects, fully comply with the regulations hereinafter set

forth in these Regulations.

In their interpretation and application the provisions of these Regulations shall be the minimum

requirements adopted for the protection of the public health, safety and general welfare. No

subdivision of a lot, tract or parcel into two or more lots may be undertaken, except in

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compliance with the following provisions. No lot may be created that would require the issuance

of a variance in order to obtain a building/land use permit. No subdivision of a lot, tract, or

parcel into two or more lots, and no Planned Unit Development (PUD) or Common Interest

Community (CIC) may be established, except in compliance with the following provisions.

A. Simple Subdivision

The division of a parcel into up to and involving no more than four lots after a 20 acre

parcel of record has been subdivided, with a COS indicating necessary easements.

1. A Simple Subdivision may be approved which includes the realignment of existing

parcels of record or the creation of up to three new parcels, including the remainder,

assuming one or more of the following conditions exist:

a. The parcel being subdivided has direct access to a public road. Each new parcel

not abutting a public road must contain a minimum 33 foot wide easement for

ingress, egress and utilities subject to the provisions outlined in Section 401 (A)

of this Ordinance regarding private roads and driveways.

b. Aside from the remainder parcel, which shall retain direct access to a public

road, the new parcel(s) being created do not have the potential to be further

subdivided and the creation of any new parcel does not compromise the orderly

development of the remaining property or adjoining property. Each new parcel

not abutting a public road must contain a minimum 33 foot wide easement for

ingress, egress and utilities subject to the provisions outlined in Section 401 (A)

regarding private roads and driveways.

c. If a new parcel has the potential of being further subdivided, the parcel shall be

benefited by one of the following:

i. A 66 ft. wide easement for ingress, egress and utilities granted with the

authority to enable the future sub divider to unilaterally dedicate the

easement as a public way if deemed necessary at the time of future

development. The cost of developing the public way shall be the sole

responsibility of the future sub divider. Until the time of future

development, the parcel shall be subject to the provisions outlined in Section

401 (A) regarding private roads and driveways.

ii. A portion of the new parcel shall contain at minimum a 66 ft. wide strip of

land providing direct access to a public way. This strip would be for the sole

purpose of being donated or dedicated as a public way in the event of future

development. Care should be taken to ensure that said strip of land does not

compromise the orderly development of the remaining property or adjoining

property.

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2. The Planning Administrator reserves the discretion to request additional

information for any Simple Subdivision.

3. To accomplish a Simple Subdivision, a Certificate of Survey (COS) or Plat of the

entire original parcel shall be prepared including identification of all structures and

facilities, public or private easements, wells and septic systems on such parcels, and

legal descriptions of the parcels and their components, shall be filed with the

Planning Administrator. A lot division shall be approved for such division provided

that all requirements of this Ordinance are met. Parcels which are adjacent to

platted but unaccepted roads may be approved only IAW Section 1204 of this

Ordinance. No land use or building permits shall be issued until said COS has been

filed with the Beltrami County Recorder, and a new parcel identification number

has be issued for each new parcel created. Approvals issued shall expire one (1)

year after approval unless such approval and the COS are recorded. An extension

of approval may only be considered by the Planning Administrator in the case of

exceptional circumstances.

B. Minor Subdivisions

Real estate parcels that are platted in accordance with Minnesota Statutes 505. A minor

subdivision plat does not create more than eight (8) parcels. Roadways created under

the minor subdivision process will be constructed as public roads; adhering to all

requirements of the road authority of the local government unit in which it is created.

Minor Subdivisions shall comply with the requirements for platting and obtain approval

through the Greater Bemidji Area Joint Planning Board.

A minor subdivision may be approved by the Joint Planning Board without the need for

a prior preliminary plat, subject to the following standards:

1. The plat delineates existing parcels or complies with the Simple or Minor

Subdivision Procedures outlined herein.

2. The plat does not include the dedication or donation of any new public ways;

however, existing public streets or utilities shall dedicate easements and Right-of-

Way on said plat in accordance with the appropriate road standards of this

ordinance, the JPB Transportation Plan, and applicable LGU or Road Authority

requirements.

3. New drainage and utility easements shall be created if the review engineer deems

needed.

4. The land shall be properly zoned and suitable in its natural state for the intended

purpose.

5. Lot areas and dimensions shall conform to the requirements of this Ordinance,

except as may otherwise be approved by a variance.

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6. Lot layouts shall be compatible with the existing layout of adjoining properties,

and/or shall not constrain the future development of any remainder parcel or

adjacent properties.

7. All lots to be created shall have legal access to a public road, or be in full

conformity with the provisions of Section 401 (A) of this Ordinance.

8. The Road Authority reviews the plat for consideration of access and active

transportation connections to the public way or trails and provides written

comments regarding accessibility of each proposed lot to the public way within 30

days of the request by the Planning Administrator.

9. The plat shall be reviewed and approved by the Beltrami County Surveyor or

another independent Licensed Land Survey in accordance with Minnesota Statutes

505.021, Subd. 9(c) for compliance with Minnesota Statues 505.

C. Major Subdivisions

Real estate parcels that cannot be divided through the simple or minor subdivision

process. Major Subdivisions shall comply with the requirements for platting and obtain

approval through the Greater Bemidji Area Joint Planning Board.

D. Replat of an existing subdivision / conversion of existing development to a CIC /

Condo

In certain cases, including but not limited to, historical errors, additional land

purchases, rerouting of a road and other similar situations arise. An applicant can apply

for a replat of an existing platted area through a simplified process. A replat

application includes minor changes and is reviewed by the planning administrator and

approved through by consent of the JPB.

For existing development where ownership is proposed by multiple parties of one

building or one parcel, a conversion replat may be required. A replat application

including the new CIC or condominium conversion documents will be reviewed by the

planning administrator and approved through by consent of the JPB.

E. Planned Unit Developments (PUDs)

In order to permit the use of more flexible land use regulations, and to facilitate use of

the most advantageous techniques of land development, planned unit developments are

authorized under the provisions of this Article. Planned unit developments shall be

created in harmony with the general purpose and intent of this Article and with the

Greater Bemidji Area Land Use Plan, but may differ in one or more respects from the

zoning regulations applicable within the districts in which they are located.

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No PUDs may be allowed for new projects on undeveloped land, redevelopment of

previously built sites, or conversions of existing buildings and land except in those

zoning districts where specifically identified in Article III of this Ordinance. No PUDs

are allowed without the issuance of a conditional use permit by the Joint Planning

Board, with the following exception:

In shoreland areas, the expansion of an existing commercial PUD involving six or

fewer new dwelling units or sites after the effective date of this Ordinance shall be

allowed one time only as a permitted use, with the issuance of a land use or building

permit, provided that the total project density does not exceed the allowable densities

prescribed in this Ordinance. Additional expansions will require a Conditional Use

Permit.

F. TINY HOUSE SUBDIVISION

Tiny house subdivisions will consist of individual dwelling structures 150 – 800 sf. The

purpose of small lot subdivision is to encourage affordable housing, infill development

and sustainable practices. All PUD and subdivision standards shall apply to Tiny Home

Subdivisions. Additional standards are required as follows:

a. Tiny House subdivisions may only be approved with the review and approval of a

PUD / CUP.

b. Tiny house subdivisions can occur in R-1, R-2, R-3, R-4, R-5 zoning districts.

c. The density of a Tiny House Subdivision will be no more than 1.5 times the

underlying zoning.

d. Small lot subdivisions are not condominiums, multi-family, mobile homes or

recreational vehicles. Properties are titled in fee simple.

e. Small lot homes must be structurally independent, with no shared foundations or

common walls.

f. Small lots may be irregularly shaped, a minimum area of 600 square feet, and at

least 16 feet wide.

g. There are no yard or setback requirements along alleys, streets, or between lots

within the approved subdivision.

h. 50% open space is required.

i. Design of structures must be approved by the GBAJPB.

j. Appropriate water, waste water and other utilities will be provided. These

standards will fall in line with MN Building Code and the Greater Bemidji Area

SSTS Zoning Ordinance.

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Section 1102. Land Suitability

A. Each lot created through the subdivision process must be suitable in its natural state for

the proposed use. Suitability analysis by the Joint Planning Board will consider

susceptibility to flooding, existence of wetlands, soil or rock formations with severe

limitations for development, severe erosion potential, steep topography, inadequate

water supply or sewage treatment capabilities, presence of significant historic sites, or

any other feature of the natural land likely to be harmful to the health, safety or welfare

of future residents of the proposed subdivision or of the Greater Bemidji Area. In

shoreland areas, land suitability will also consider near-shore aquatic conditions,

suitability for water-based recreation, and the presence of important fish and wildlife

habitat.

B. Sufficient information must be submitted by the applicant to enable The Joint Planning

Board to make a determination of land suitability. The information shall include at

least the following:

1. Topographic contours at two (2) foot intervals showing limiting site characteristics.

2. The surface water features required by Minnesota Statutes, section 505.02,

subdivision 1, to be shown on plats, obtained from the United States Geological

Survey quadrangle topographic maps or more accurate sources.

3. Information regarding adequacy of domestic water supply.

4. Extent of anticipated vegetation and topographic alterations.

5. Near-shore aquatic conditions including depths, types of bottom sediments, and

aquatic vegetation.

6. Proposed methods for controlling storm water runoff and erosion both during, and

after, construction activities.

7. Location of 100 year floodplain areas and floodway districts from existing adopted

maps or data;

8. A delineation of all wetlands;

9. A line or contour representing the ordinary high water level, the toe and the top of

bluffs, and the minimum building setback distances from the top of bluff, and from

the public waters.

10. Location with respect to Airport Safety Zones.

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C. The JPB shall make its decision, in writing, specifying the facts upon which the

suitability determination is made. If a determination is made that the land is not

suitable for development the applicant will be notified, in writing, regarding the

particular facts leading to such determination. The applicant will be afforded the

opportunity to appeal such determination in accordance with the procedure for appeal

specified in Section 1207 of this Ordinance.

D. Preliminary Plat/Pre-application Advisory Meeting

1. If the parcel cannot be divided through the lot division process described in Section

1106 A above, a sketch map shall be prepared and submitted for staff review. A

pre-application advisory meeting shall be required for all plats, CIC’s or PUDs

which include public improvements or contain more than 5 new lots. The sketch

map shall not constitute filing of a preliminary plat with the JPB, but will serve as

the basis for preliminary discussion between the sub divider and staff. This

discussion will help the sub divider by providing information regarding the extent

to which the proposed subdivision conforms to the requirements of this Ordinance,

and possible modifications necessary to secure approval of the plan. The sketch

map shall include at least the following information:

a. A site location map showing the boundaries of all parcels, the location of

existing and proposed streets within and adjacent to the property, the location of

existing and proposed structures, and other significant development;

b. A North arrow and scale;

c. The topography and physical features, including wetlands and public waters;

d. The proposed lot size and orientation; and

e. A vicinity map.

2. Before dividing any tract of land into two or more lots or parcels, with the

exception of lot divisions authorized under Section 1106 A of this Ordinance, an

owner or sub divider shall file with the Joint Planning Board:

a. Fifteen (15) full size copies, folded to 8 ½ x 11, of the Preliminary Plat, and

twenty (20) 11 x 17 copies;

b. A cash payment as established by the Joint Planning Board. This fee will be

used for public expenses in connection with approval or disapproval of said plat

and final plat which may be submitted thereafter. Each plat filed in addition to

the preliminary plat must be accompanied by an additional fee as designated by

the Joint Planning Board;

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c. If the sub divider requests or the Joint Planning Board requires that any existing

special assessments which have been levied against the premises described in

the subdivision be divided and allocated to the respective lots in the subdivision

plat, the City Assessor or Township Clerk shall estimate the clerical cost of

preparing the revised assessment roll, filing the same with the County Auditor,

and making such division and allocation, and upon approval by the appropriate

jurisdiction of such estimated cost the same shall be paid to the respective

jurisdiction, to cover the cost of preparing and filing such revised assessment;

and

d. The sub divider shall fill out a "Request for Subdivision” form or other

application form provided by the Joint Planning Board.

3. The Planning Commission shall consider the preliminary plat officially filed after

the Planning Administrator has examined it and advised the Commission that it is in

the proper form, and the appropriate fee has been paid.

4. On the same date that the Planning Administrator places the preliminary plat on

file, the Planning Administrator shall:

a. Set a date for a public hearing on the preliminary plat, subject to Item 5 below.

The Planning Administrator shall cause notice of said hearing to be sent by mail

to all property owners of record within 500 feet of the proposed subdivision

boundaries at least ten days prior to the hearing. The Planning Commission shall

hold the public hearing at a regular meeting, or at a special meeting called for

that purpose.

b. Refer a copy of the preliminary plat to the appropriate persons based on the

distribution policy of the Joint Planning Board.

5. The Planning Commission shall make its report to the Joint Planning Board.

6. The Joint Planning Board shall act on the preliminary plat within 60 days of the

date on which it was received and verified as complete by the Planning

Commission.

7. If the preliminary plat is not approved by the Joint Planning Board, the reasons for

such action shall be recorded in the proceedings of the JPB and transmitted to the

applicant. If the preliminary plat is approved, such approval shall not constitute

final acceptance of the subdivision until approval of the final plat.

E. Necessary Data for Preliminary Plat

The preliminary plat shall be clearly and legibly drawn. The size of the map shall not be

less than 11 inches by 17 inches. All subdivision maps shall be drawn at a scale not

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smaller than a scale of 1 inch equals 100 feet, unless otherwise required by the Joint

Planning Board. The preliminary plat of the proposed subdivision shall contain or have

attached thereto information in accordance with the data and submission requirements

for the Preliminary Plat and CIC/PUD Submission Checklist approved by the Joint

Planning Board.

F. Qualifications Governing Approval of Preliminary Plat

The Planning Commission may return a conditional report to the Joint Planning Board.

The JPB may require such changes or revisions as it deems necessary for the health,

safety, general welfare and convenience of the community. The approval of a

preliminary plat by the Planning Commission and JPB is tentative only, involving

merely the general acceptability of the layout as submitted. Subsequent approval will

be required of the engineering proposals pertaining to water supply, storm drainage,

sewerage and sewage disposal, sidewalks, gas and electric service, grading, gradients

and roadway widths and the surfacing of streets and by other public officials having

jurisdiction, including airport zoning approval, prior to the approval of the final plat by

the JPB. No plat will be approved that includes an area subject to periodic flooding, or

that lacks adequate drainage, unless the sub divider agrees to make improvements to the

property as are needed and, in the opinion of a Registered Engineer, are sufficient to

allow for development of the property and to provide adequate drainage of the lots,

streets, and other areas within the plat. No plat will be accepted that cannot be

adequately serviced with sanitary sewer or other approved disposal system.

G. Final Plat.

1. The owner or sub divider shall file a minimum of twenty five (25) copies of the

Final Plat to the Planning Administrator for the Planning Commission not later than

six months after the date of approval of the preliminary plat by the Joint Planning

Board, otherwise, the preliminary plat and final plat will be considered void unless

an extension is requested in writing by the sub divider and, for good cause, granted

by the Joint Planning Board. The owner or sub divider shall also submit at this time

either an up-to-date certified Abstract of Title or Torrens Certificate of Title and/or

evidence of Title Insurance Commitment as the JPB Attorney may require showing

title or control in the property by the applicant;

2. The final plat will have incorporated all changes or modifications approved in the

preliminary plat; in all other respects it shall conform to the preliminary plat. It may

constitute only that portion of the approved preliminary plat which the sub divider

proposed to record and develop at the time, provided that such portion conforms to

all of the requirements of this Article;

3. Prior to submitting the final plat to the Joint Planning Board, the sub divider shall

submit a copy of the final plat to the City or township, the office of the Beltrami

County Surveyor and the County Planning Commission for review and comment;

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4. The Planning Commission shall consider the final plat officially filed after the

Planning Administrator has examined it and advised the Planning Commission that

it is in proper form;

5. As soon as the final plat is placed on file the Planning Administrator shall distribute

copies of the final plat to the Planning Commission, and the remainder of the

distribution list as approved by the Joint Planning Board. The Abstract of Title or

Torrens Certificate of Title and/or Title Insurance Commitment shall be referred to

the JPB Attorney for examination and report. The Attorney's report shall be given to

the Planning Commission within fifteen days. Following preliminary approval the

applicant may request final approval by the JPB, and upon such request the JPB

shall certify final approval within 60 days if the applicant has complied with all

conditions and requirements of applicable regulations and all conditions and

requirements upon which the preliminary approval is expressly conditioned either

through performance or the execution of appropriate agreements assuring

performance. If the JPB fails to certify final approval as so required, and if the

applicant has complied with all conditions and requirements, the application shall

be deemed finally approved, and upon demand the JPB shall execute a certificate to

that effect;

6. If the final plat is approved by the Joint Planning Board, the sub divider shall record

it with the County Recorder within six (6) months after the date of approval;

otherwise, the approval of the final plat shall be considered void;

7. The sub divider shall, immediately upon recording, furnish the JPB and appropriate

Engineer’s Office with one transparent reproducible Mylar of the final plat showing

evidence of the recording and paper prints of the plat for the Planning

Administrator, Assessor's Office, and Building Inspector's Office, as applicable;

8. The sub divider shall furnish the required type and number of final plat drawings

for review and approval, including the necessary plat data, according to the

approved Final Plat Application Checklist provided and approved by the Joint

Planning Board.

Section 1103. Necessary Data for Final Plat

The final plat shall be prepared by a land surveyor who is registered in the State of Minnesota,

shall conform to all State and County requirements and shall include the following:

A. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to

describe boundaries, streets, alley, easements, area reserved for public use, and other

important features. Dimensions of lot lines shall be shown in feet and hundredths of a

foot;

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B. Names and right-of-way width of each street, highway, easement, or other right-of-way

as required by state law;

C. An identification of all lots and blocks, including lot lines and dimensions;

D. Accurate location of all monuments as required by state law;

E. Names and location of adjoining subdivision, streets and unplatted properties;

F. Municipal, townships, county or section lines accurately tied to the lines of the

subdivision by distance and angles;

G. Radii, internal angles, points and curvatures, tangent bearings, and lengths of all areas.

H. Certification on plat of title showing that the applicant is the owner and a statement by

that owner dedicating streets, rights-of-way and any other sites for public use;

I. Accurate outlines and legal description of any areas to be dedicated or reserved for

public use, or for the exclusive use of property owners within the subdivision with the

purposes indicated therein;

J. Public drainage and utility easements along the entire internal and external boundary

lines of every lot in the plat;

K. Certification by a registered surveyor in the form required by Section 505.03 Minnesota

Statutes;

L. Execution by all owners of any interest in the land any holders of a mortgage thereon of

the certificate required by Section 505.03 Minnesota Statutes, and which certificate

shall include a dedication of the utility easements and any other public areas in such

form as shall be approved by the JPB Attorney;

M. Certification showing that all taxes and special assessments currently due on the

property to be subdivided have been paid in full;

N. Location of public waters as required by state law;

O. Letters of approval of highway access points and service roads from the Commissioner

of the Department of Transportation and County Engineer, as applicable, shall be

submitted with the final plat;

P. Form of approval by local authorities, either by the JPB and/or the governing body of

the jurisdiction(s) where the plat is located, as may be required under Minnesota

Statutes Chapter 505, may be worded substantially as follows:

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Approved by the Greater Bemidji Area

Joint Planning Board, Minnesota

this 9th day of April, 2014.

JPB Chair

Q. Form for approval by County authorities as required by law.

Section 1104. Absence of Utilities and Land Suitability

Where sewer and water are not available and individual wells and disposal systems are to be

utilized, the sub divider may be required to submit a showing of land suitability pursuant to

Section 1102 of this Ordinance, including the results of tests to ascertain subsurface soil, rock,

and ground water conditions. The results of such tests may make it necessary, at a minimum, to

vary the required lot size.

Section 1105. General Provisions for PUDs

A. A PUD is a type of development where the JPB allows greater flexibility than

otherwise allowed under the zoning or subdivision code in return for a coordinated

development that provides public benefits not otherwise part of the development

process. Flexibility in the regulations and standards of this Ordinance is only granted to

the extent it is expressly set out the flexibility expressly granted in the approval of the

PUD shall apply and the PUD is otherwise subject to all applicable regulations and

requirements.

B. A PUD may be established as a residential planned unit development, a commercial

planned unit development, or a general planned unit development as permitted under

Article III of this Ordinance.

C. Minimum area. A planned unit development shall contain a minimum contiguous area

of one (1) acre.

D. The PUD review process consists of three (3) phases

a. Concept Review. Due to the nature of a PUD there are many details and

questions which need answers that arise in the planning and analysis phase.

Applicants have expressed an interest in having a clear picture of the JPB’s

opinions, specifically if they are choosing not to support a project. In creating a

concept approval process, the JPB is answering two questions. 1. Does this

project’s density and sample layout work within the confines of its location? 2.

What pieces of information would we require in order to make a final

recommendation to the applicant? The concept approval of density and layout is

in no way an approval of the project, the final layout, the preliminary or final plat,

the roadway access, the utilities or any other change to the underlying property.

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i. Site plan

ii. Traffic patterns

iii. Utilities needed and proposed

iv. Landscaping layout

v. Any and all plans and studies required by the JPB staff to support

approval. Examples include traffic study, wetland evaluation, tree removal

approval etc.

b. Preliminary Review. Upon approval of the Concept Plan, an applicant is then

allowed to submit for a preliminary / final approval. The preliminary approval of

density and layout is in no way an approval of the project, the final layout, the

preliminary or final plat, the roadway access, the utilities or any other change to

the underlying property. Preliminary and Final approval can be combined if the

Joint Planning Board Staff recommends. The applicant will be required to provide

all preliminary and final plans. Items required with preliminary application:

i. Site plan

ii. Preliminary Plat

iii. Traffic patterns

iv. Utilities layout

v. Landscaping layout

vi. Preliminary elevations of buildings

vii. Preliminary drainage

viii. Any and all plans and studies required by the JPB staff to support

approval. Examples include traffic study, wetland evaluation, tree removal

approval etc.

c. Final Approval. At this stage in the PUD process the JPB will make a

determination of denial or approval. Finalized plans are required as part of this

final application.

i. Site plan

ii. Final Plat

iii. Traffic plan

iv. Utilities layout

v. Landscaping layout

vi. Elevations of buildings

vii. Post development drainage

viii. Any and all plans and studies required by the JPB staff to support

approval. Examples include traffic study, wetland evaluation, tree removal

approval etc.

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D. Flexibility options will be provided upon the applicants’ agreement to provide a

selection of amenities including but not limited to the following items:

Amenity

Standards

Active uses as part of a parking

garage

Include housing, office, or other active uses around the perimeter of

all floors of a parking garage that face a public street, sidewalk, or

pathway.

Green roof

Installation of a green roof system that covers a minimum of fifty

(50) percent of the total roof area proposed for the development.

Historic preservation

Preservation, rehabilitation or restoration of designated historic

landmarks as a part of the development.

Public right-of-way dedication

& construction

Dedication of land and construction of a public road, alley, pathway,

or greenway that is part of an approved LGU capital improvements

plan. Points shall not be awarded for the reconstruction or relocation

of an alley to facilitate an alley vacation.

Underground parking

All parking shall be located underground.

Conservation of the built

environment

Significant renovation, rehabilitation and adaptive reuse of an

existing building(s), rather than demolition.

Garden(s) or on-site food

production

Permanent and viable growing space and/or facilities such as a

greenhouse or a garden conservatory at a minimum of sixty (60)

square feet per dwelling unit to a maximum required area of five

thousand (5,000) square feet, which provide fencing, watering

systems, soil, secured storage space for tools, solar access, and

pedestrian access as applicable. The facility shall be designed to be

architecturally compatible with the development and to minimize the

visibility of mechanical equipment.

On-site renewable energy

Use of a photovoltaic or wind electrical system, solar thermal system

and/or geothermal heating and cooling system for at least seven (7)

percent of the annual energy costs in new and existing buildings.

Open space

For commercial PUDs open space that is related to and proportional

with the bulk of the building and landscaped with trees and shrubs.

Rain gardens, where appropriate, are encouraged. For residential

developments minimum of thirty (50) percent of the site not occupied

by buildings shall be landscaped outdoor open space. Minimum of

fifty (50) percent of the provided open space shall be contiguous.

Outdoor children’s play area

An active, outdoor children’s play area with a minimum of fifty (50)

square feet for each unit containing three (3) or more bedrooms but

not less than five hundred (500) square feet of play area to a

maximum required area office thousand (5,000) square feet.

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Art feature

Provision of art. The art shall be maintained in good order for the life

of the principal structure. The art shall be located where it’s highly

visible to the public. The art shall be valued at not less than one-

fourth (.25) of one (1) percent of the capital cost of the principal

structure.

Energy efficiency

Utilization of energy design assistance programs or commissioning to

ensure that building systems are designed to operate efficiently and

exceed the Minnesota State Energy Code by at least thirty (30)

percent of the annual energy costs. The developer must submit

documentation to the city including a letter signed by the owner or a

licensed design professional that shows the project will comply with

this standard.

Natural features

Site planning that preserves significant natural features or restores

ecological functions of a previously damaged natural environment.

Pedestrian improvements

A site and building design that allows for exceptional and accessible

pedestrian and/or bicycle access through and/or around a site that

exceeds the requirements.

Enhanced exterior lighting

Lighting plan that highlights significant areas of the site or

architectural features of the building(s)

Enhanced landscaping

A landscaping plan of exceptional design that has a variety of native

tree, shrub, and plant types that provide seasonal interest and that

exceed the requirements. The landscaped areas shall have a resource

efficient irrigation system. The landscaping plan shall be prepared by

a licensed landscape architect.

Enhanced storm water

management

Provide capacity for infiltrating storm water generated onsite with

artful rain garden design that serves as a visible amenity. Rain garden

designs shall be visually compatible with the form and function of the

space and shall include for long-term maintenance of the design. The

design shall conform to requirements of the storm water management

plan approved by public works.

Heated drives or

Heated drives or sidewalks that are designed to provide snow and ice

free

Tree islands

The inclusion of additional or larger tree islands in the interior of

parking lots that exceed the requirements of Chapter 530, Site Plan

Review. Larger tree islands shall have a minimum width of ten (10)

feet in any direction and shall provide shrubs, plant materials, and/or

rain garden plantings in addition to the trees.

Water feature

A water feature, including but not limited to a reflecting pond, a

children's play feature or a drinking fountain shall be located where it

is highly visible to and useable by the public.

Amenities proposed by the

applicant or others

The Joint Planning Board may consider other amenities not listed.

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E. Residential PUDs and flexibility Option.

In non-shoreland areas, a development plan may provide for a greater number of

dwelling units per acre than would be permitted by the zoning regulations otherwise

applicable to the site.

In no case may a PUD exceed by more than fifty (50%) per cent the number of

dwelling units per acre permitted by the zoning regulations otherwise applicable to the

site. The Planning Commission, in determining the reasonableness of a proposed

increase in the number of dwelling units per acre, shall recognize that increased density

may be compensated for by additional private amenities and by increased efficiency in

public services to be achieved by the amount, location and proposed use of common

open space, and the location, design and type of dwelling units.

The Planning Commission shall, in its determination, also consider that the physical

characteristics of the site may make increased densities appropriate in the particular

location.

The Planning Commission shall recommend to and, in its final determination the JPB

may also authorize an additional use other than residential in a residentially zoned

PUD.

F. General PUDs and flexibility Option.

Within the B-1, B-2, LC, OM, U, LD, UR districts, also known as the downtown

business district, developers are encouraged to provide a mixed use, residential and

commercial, development when replacing former high density, industrial and

commercial uses.

G. Upon approval of qualifying amenities the Planning Commission may, in its

determination allow flexibility in the following standards:

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Zoning code standard

Alternative

Setback standards

Allow a change in the setbacks required by the

underlying zoning.

Lot sizes and density (commercial)

1) To increase the maximum impervious area

2) To increase the maximum height of structures.

Lot sizes and density (residential)

1) To allow reductions in lot sized, including square

footage, width and length

2) To allow a density bonus to increase the maximum

number of dwelling units by not more than twenty (20)

percent.

Yards

To allow a reduction or elimination of required yards

within the planned unit development.

Signs

To allow alternatives to the sign standards.

Off-street parking and loading

To allow alternatives to the following:

1) Minimum and maximum amount of required off-street

parking and loading.

2) Minimum width of parking aisles.

3) Minimum and maximum width of driveways.

H. PUD in Shoreland Overlay

Density is determined by allowable impervious surface area and height. In lieu of

dividing a proposed development parcel into tiers to calculate base density, a proposed

general development may be approved at a minimum setback of 150 feet from the

ordinary high water mark (OHWM) from public water if the structures involve a

minimum of 20% of commercial uses. Whenever individual structures do not contain

20% commercial uses a minimum 200 foot setback from the OHWM is required to

exercise the flexibility density calculations.

The entire parcel may then be developed as one General PUD with the following

standards applied accordingly;

1. If flexibility is elected, a proposed General PUD project shall not exceed allowable

impervious surface area as defined in the underlying zoning district.

2. The maximum height for a General Development is forty five (45) feet. That height

may be increased according to the formulas in 3 & 4 below. In no case shall the

maximum height exceed 65 feet.

3. For each one percent (1%) of additional pervious surface preserved beyond the

minimum required in the underlying zoning district the developer may add an

additional two (2) feet of height not to exceed the maximum 65 feet.

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4. For each additional five (5) feet of setback beyond the required 200 foot setback,

the proposed development may add an additional two feet of height not to exceed

the maximum 65 feet.

5. A combination of 3 & 4 above may be used to calculate the maximum allowable

height not to exceed a total height of 65 feet.

6. Structures within the General PUD that do not contain a minimum of 20% proposed

commercial are limited to a maximum height of 45 feet.

7. All land identified as part of the General PUD shall be zoned as one zoning district

prior to application for a general PUD.

8. Structures that exceed 45 ft in height shall exhibit an uneven horizontal façade

approximately parallel to the OHWM wherein the area of the building that exceeds

the maximum height of 45 ft shall have an equal amount of building façade parallel

to the OHWM that is below the 45ft mark.

I. Shoreland Commercial PUDs

1. Flexibility Option.

Within the Urban Renaissance (UR) and Lakeshore Development (LD) districts

prescribed in Article III, in lieu of dividing a proposed commercial planned unit

development parcel into tiers to calculate base density, a proposed development

may be developed at a minimum setback of 150 feet from the Ordinary High Water

Mark from a public water, provided such use is allowed pursuant to Article III of

this Ordinance. If the increased setback of 150 feet is elected, the proposed

development shall not be subject to the density evaluation prescribed in Section

914, but shall comply with all other requirements of this Ordinance with the

exception of the following modified performance based zoning criteria:

a. If flexibility is elected, a proposed Commercial PUD project shall not exceed

allowable impervious surface as defined in the underlying zoning district.

b. The maximum height for a Commercial PUD is forty five (45) feet. That height

may be increased in accordance with the formulas in 3 & 4 below. In no case

shall the maximum height exceed sixty five (65) feet.

c. For each one percent (1%) of additional pervious surface preserved beyond the

minimum required in the underlying zoning district the developer may add an

additional two (2) feet of height not to exceed the maximum 65 feet.

d. For each additional five (5) feet of setback beyond the required 150 foot

setback, the proposed development may add an additional two feet of height not

to exceed the maximum 65 feet.

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e. A combination of 3 & 4 above may be used to calculate the maximum allowable

height not to exceed a total height of 65 feet.

f. Structures that exceed 45 ft. in height shall exhibit an uneven horizontal façade

approximately parallel to the OHWM wherein the area of the building that

exceeds the maximum height of 45 ft. shall have an equal amount of building

façade parallel to the OHWM that is below the 45ft mark

2. Redevelopment.

A commercial planned unit development may be redeveloped as a new commercial

planned unit development with a Conditional Use Permit under the following

conditions:

a. The proposed redevelopment will be evaluated using the criteria specified in

Section 913 or 914 of this Ordinance, as applicable. Inconsistencies between

existing features of the development and the minimum standards shall be

identified.

b. Deficiencies involving impervious surface coverage, storm water management

vegetation, screening, setbacks, open space, and shore recreation facilities must

be corrected or evaluated and reasonable improvements made as part of the

redevelopment proposal.

c. Shore and bluff impact zone deficiencies must be evaluated and reasonable

improvements made as part of the redevelopment. These improvements must

include, where applicable, the following:

i. Removal of extraneous buildings, docks, or other facilities that no longer

need to be located in shore or bluff impact zones;

ii. Remedial measures to correct erosion sites and improve the vegetative cover

and screening of buildings and other facilities as viewed from the water;

and,

iii. If existing dwelling units are located in shore or bluff impact zones,

conditions that preclude exterior expansions in any dimension or substantial

alteration are attached to approvals of all redevelopment. The conditions

must also provide for future relocation of dwelling units, where feasible, to

other locations meeting all setback and elevation requirements when they

are rebuilt or replaced.

d. Existing dwelling site densities (square footage of habitable rental space as

measured by using interior walls of habitable dwelling space) that exceed

standards prescribed in this Ordinance may be allowed to continue but shall not

be increased, either at the time of the redevelopment or in the future. Efforts

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shall be made during any such redevelopment to limit impacts of high densities

by requiring seasonal use, improving vegetative screening, centralizing shore

recreation facilities, developing storm water management plans, or other means

deemed necessary by the Joint Planning Board.

Section 1106. Design and Maintenance Standards and Criteria for PUDs

A. For all PUDs, a development plan shall be submitted to the JPB or its agent consistent

with the following general standards for use of land, and the use, type, bulk, design, and

location of buildings, the density of use, the common open space, the public facilities

and the development by geographic division of the site. The development plan, which

may be submitted and evaluated simultaneously with the preliminary plat, shall

demonstrate compliance with the following criteria:

1. The application for a planned unit development shall be filed jointly by all owners;

2. A PUD which meets the definition of a Common Interest Community (CIC) may be

approved in accordance with Minnesota Statutes 515(B), including the articles of

incorporation. A PUD development which meets the definition of a Subdivision

(Plat) in accordance with Minnesota Statutes 505 may also be approved. When a

Plat or Re-plat creates one or more parcels consisting of private common property

improvements including, drives, parking, roads, stormwater areas, green space,

utilities, etc., proof of the creation of an Association, including the articles of

incorporation, consistent with Minnesota Statutes 317(A), may also be approved.

All PUD’s not under single ownership must have a Property Owners Association.

Association articles of incorporation shall be approved by the JPB prior to approval

and the release of documents for recording.

Any easements, restrictions or other provisions, if part of an approved PUD may

only be modified, removed or released upon consent of the Joint Planning Board.

The association shall, at a minimum, include restrictive covenants and bylaws that

identify individual and joint ownership properties, rights and responsibilities

consistent with approval requirements of the PUD. The association documents shall

specifically provide for enforcement by the landowners within the development;

3. The planned development can be substantially completed within the period of time

specified in the schedule of development submitted by the developer;

4. The planned development will not substantially injure or damage the use, value and

enjoyment of surrounding property, nor hinder or prevent the development of

surrounding property in accordance with the Greater Bemidji Area Land Use Plan;

5. The site will be accessible from public roads that are adequate to carry the traffic

that will be imposed upon them by the proposed development, and will be adequate

to serve the residents, occupants, or users of the proposed development. An

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appropriate traffic control plan will be required by the road authority responsible for

accepting and maintaining public roads. The Minnesota Manual on Uniform

Traffic Control Devices will be used to justify when signals are needed in order to

prevent traffic hazards or congestion in adjacent streets;

6. Public streets and roads shall meet all requirements of the respective road authority.

Private streets and roads shall be constructed to meet and all requirements of the

respective road authority;

7. The development will not impose an undue burden on public services and facilities,

such as fire and police protection;

8. The location and arrangement of structures, parking areas, walks, lighting and

appurtenant facilities shall be compatible with the surrounding land uses, and any

part of a planned unit development not used for structures, parking and loading

areas, or access ways, shall be landscaped or otherwise improved, unless said open

space would accomplish the intent of this Article if left in its natural state;

9. There shall be a minimum of ten (10) feet between all buildings;

10. Nonresidential uses of an educational or recreational nature shall be designed or

intended primarily for the use of the residents of the planned unit development;

11. Wetlands shall be managed in accordance with the Wetland Conservation Act;

12. Maintenance and grounds keeping shall be undertaken consistent with statute;

13. A complete set of plans shall be submitted which shall include the projected cost of

the project, location and design of roads, septic system design if applicable, and any

other information deemed necessary by the JPB at the time of application;

14. A complete and adequate drainage system for the development shall be designed by

a professional engineer. The plan shall include a storm sewer system or a system of

open ditches, culverts, pipes, and catch basins, or both systems. Such system or

systems shall be designed in conformity with the adopted Policy Guidelines of the

“Surface Water Management Plan and Storm water Design Guide Report Dated

January 2008, as may be amended; and/or other applicable standards and policies of

the Joint Planning Board. Storm water management and Erosion Control Plans

shall conform to all required local, state and federal permit and ordinance

provisions as they may apply to land development in a specific location.

B. In unsewered areas, the development plan shall demonstrate compliance with the

following additional criteria:

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1. A managed, self-contained, collective well and septic system shall be provided for

all planned unit developments including more than four (4) dwelling units, except

where the individual units exceed 1 acre with a minimum 100 feet in width and the

soils analysis demonstrates an ability to support an SSTS and a well on each unit so

designated. No more than 40% of the total possible number of lots allowed may be

so developed.

C. In shoreland areas, with the exception of zoning districts LD and UR, the development

plan shall demonstrate compliance with the following additional criteria:

1. Deed restrictions, covenants, permanent easements, public dedication and

acceptance, or other equally effective and permanent means shall be provided to

ensure the following protections:

a. Commercial uses shall be prohibited in residential planned unit developments;

b. Vegetative and topographic alterations, except for routine maintenance, shall be

prohibited;

c. Construction of additional buildings or the storage of vehicles and/or other

materials is prohibited;

d. Uncontrolled beaching of watercraft shall be prohibited.

2. All planned unit developments must contain open space meeting all of the

following criteria:

a. Dwelling units or sites, road rights-of-way, land covered by road surfaces,

parking areas, structures, and any impervious surfaces are developed areas and

shall not be included in the computation of open space;

b. Open space must include those areas with physical characteristics unsuitable for

development in their natural state, and areas containing significant historic sites

or unplatted cemeteries;

c. Open space may include outdoor recreational facilities for use by owners of

dwelling units or sites, by guests staying in commercial dwelling units or sites,

and by the general public;

d. Open space may include subsurface sewage treatment systems provided the use

of the space is restricted to avoid adverse impacts on such systems; Open space

must not include commercial facilities or uses;

e. The appearance of open space areas, including topography, vegetation, and

allowable uses, must be preserved by use of restrictive covenants, permanent

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easements, public dedication and acceptance, or other equally effective and

permanent means; and,

f. The shore impact zone, based upon normal structure setbacks, must be included

as open space. For residential planned unit developments, at least 50 percent of

the shore impact zone of existing developments and at least 70 percent of the

shore impact zone area of new developments must be preserved in its natural or

existing state. For commercial planned unit developments, at least 50 percent of

the shore impact zone must be preserved in its natural state.

3. As part of Storm Water Management Plan, Erosion Control Plans completed by a

registered engineer and approved under the terms of a NPDES permit shall be

required. The PUD must:

a. Be designed, and the construction managed, to minimize the likelihood of

serious erosion occurring either during or after construction. This must be

accomplished by limiting the amount and length of time of bare ground

exposure. Temporary ground covers, sediment entrapment facilities, vegetative

buffer strips, or other appropriate techniques must be used to minimize erosion

impacts on surface water features.

b. Be designed and constructed to effectively manage reasonably expected

quantities of storm water runoff. Impervious surface coverage within any tier

must not exceed 25 percent of the tier area, except if permitted under exercise of

flexibility option.

4. Centralization and design of facilities and structures must be done according to the

following standards:

a. Planned unit developments must be connected to publicly owned water supply

and sewer systems, if available. On-site water supply and sewage treatment

systems must be centralized and designed and installed to meet or exceed

applicable standards or rules of the Minnesota Pollution Control Agency,

Minnesota Department of Health and Article VIII of this Ordinance. On-site

sewage treatment systems must be located on the most suitable areas of the

development, and sufficient lawn area free of limiting factors must be provided

for a replacement soil treatment system for each sewage system;

b. Dwelling units or sites must be clustered into one or more groups and located on

suitable areas of the development. They must be designed and located to meet

or exceed the following dimensional standards for the applicable shoreland

classification: setback from the ordinary high water level; elevations above the

surface water features; and maximum height;

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c. Shore recreation facilities, including but not limited to swimming areas, docks

and watercraft mooring areas and launching ramps must be centralized and

located in suitable areas. Evaluation of suitability must include consideration of

land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or

other relevant factors. The number of spaces provided for continuous beaching,

mooring, or docking of watercraft must not exceed one for each allowable

dwelling unit or site in the first tier (not withstanding existing mooring sites in

an existing commercially used harbor). A small dock for loading and unloading

equipment may be provided for use by occupants of dwelling units or sites

located in other tiers;

d. Structures, parking areas, and other facilities must be treated to reduce visibility

as viewed from public waters and adjacent shore lands by vegetation,

topography, increased setbacks, color, or other means, assuming summer, leaf-

on conditions. Vegetative and topographic screening must be preserved, if

existing, or may be required to be provided;

e. Accessory structures and facilities, with the exception of one water-oriented

accessory structure, must meet the required principal structure setback, and

must be centralized.

5. Where a building or development contains multiple businesses and/or occupants, a

Master Sign Plan shall be created by the land owner and provided to the JPB prior

to issuance of sign permits. The plan shall identify, within the standards of this

article, how multiple wall and/or freestanding signs shall be allocated for the

property or development.

Section 1107. Conversion to PUDs

Land uses and/or facilities may be converted to PUDs, with the issuance of a Conditional Use

Permit, provided all of the following standards are met.

A. Proposed conversions must be initially evaluated using the same procedures as for

planned unit developments involving all new construction. Inconsistencies between

existing features of the development and the PUD standards shall be identified.

B. Deficiencies involving water supply and sewage treatment, structure color, impervious

surface coverage, open space and shore recreation facilities must be corrected as part of

the conversion, or as specified in the Conditional Use Permit.

C. Shore and bluff impact zone deficiencies must be evaluated and reasonable

improvements made as part of the conversion. These improvements must include,

where applicable, the following:

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1. Removal of extraneous buildings, docks, or other facilities that no longer need to be

located in shore or bluff impact zones;

2. Remedial measures to correct erosion sites and improve the vegetative cover and

screening of buildings and other facilities as viewed from the water; and,

3. If existing dwelling units are located in shore or bluff impact zones, conditions that

preclude exterior expansions in any dimension or substantial alteration are attached

to approvals of all conversions. The conditions must also provide for future

relocation of dwelling units, where feasible, to other locations meeting all setback

and elevation requirements when they are rebuilt or replaced.

D. Existing dwelling unit or dwelling site densities that exceed standards prescribed in

Section 914 of this Ordinance may be allowed to continue but shall not be increased,

either at the time of conversion or in the future. Efforts must be made during any such

conversion to limit impacts of high densities by requiring seasonal use, improving

vegetative screening, centralizing shore recreation facilities, installing new sewage

treatment systems, or other means.

Section 1108. Procedures for Approval of Subdivisions and PUDs.

No subdivision of a lot, tract, or parcel into two or more lots, and no Planned Unit Development

(PUD) or Common Interest Community (CIC) may be established, except in compliance with the

following provisions.

A. Lot Division

In any case where the division of a parcel of land for the purpose of transfer of

ownership or building development, and where no creation of a new street or way is

required, does not come within the definition of subdivision as defined by this

Ordinance, but shall not be exempt from the dedication requirements of Section 1109 of

this Ordinance where a new parcel is created for the purpose of establishing a new

buildable parcel(s) a Certificate of Survey (COS) of the entire original parcel shall be

prepared including identification of all structures and facilities, public or private

easements, wells and septic systems on such parcels, and legal descriptions of the

parcels and their components, shall be filed with the Planning Administrator. A lot

division shall be approved for such division provided that all requirements of this

Ordinance are met.

A parcel of record may be divided no more than twice, and into no more than three total

parcels without subdividing, in accordance with the remaining provisions of this

Section. Parcels which are adjacent to platted but unaccepted roads may be approved

only IAW Section 1113 of this ordinance No land use or building permits shall be

issued until said COS has been filed with the Beltrami County Recorder, and a new

parcel identification number has be issued for each new parcel created.

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Section 1109. Minimum Subdivision Design Standards

A. The proposed subdivision shall conform to the Greater Bemidji Area Transportation

Plan.

B. The arrangement, character, extent, width, grade, and location of all streets shall

conform to the Greater Bemidji Area Transportation Plan and to these regulations, and

shall be considered in their relation to existing and planned streets, to reasonable

circulation of traffic, to topographical conditions, to run-off of storm water, to public

convenience and safety, and in their appropriate relation to the proposed uses of the

land to be served by such streets.

1. Continuation of Existing Streets.

The arrangement of streets in any new subdivision shall make provision for the

appropriate continuation of the existing streets in adjoining areas.

2. Future Projection of Streets.

Where adjoining areas are not subdivided, but may be subdivided, the arrangement

of streets in a new subdivision shall make provision for the proper projection of

streets into adjoining areas by carrying the new streets to the boundaries of the new

subdivision at the appropriate locations.

C. Streets.

1. Residential Road Widths. All residential right-of-way widths and pavement widths

(face to face of curb or total surface width) shall conform to the following minimum

dimensions, in addition to any requirements of the road authority that will be asked

to accept the particular street:

Classification Right of Way/Pavement Width

Urban Street with Curb and Gutter 60 feet / 32 feet

(R-3, R-4, R-5, R-6 districts)

Suburban Street with Curb and Gutter 60 feet / 32 feet

(R-3 district)

Suburban Street without Curb and Gutter 66 feet / 24 feet

(R-3 district)

Rural Streets without Curb and Gutter 66 feet / 24 feet

(R-1 and R-2 districts)

Additional width may be required at discretion of the road authority to provide for

parking, turn lanes or high traffic projections. Two foot shoulders are required for

all roads built without curb and gutter. Platted roadways designated to be arterials

or major collectors and roadways in plats in non-residential zoning districts shall be

built to standards based on estimated twenty (20) year average daily traffic and

meet geometric standards as prescribed by Chapter 8820 of Minnesota Rules.

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Additional street right-of-way width shall be required for designated arterials and

major collectors in the Future Functional Classification System of the Greater

Bemidji Area Transportation Plan, according to the minimum planned design right-

of-way of the road authority. The road authority may also approve a decrease the

above minimum standards when a specific compact development plan concept

supports a smaller standard. In such cases, a full or partial on-street parking

restriction shall be required for such approval.

2. Deflections. When connecting street lines deflect from each other at any one point

by more than ten degrees, they shall be connected by a curve with a radius of not

less than that allowed for in the current version of the Minnesota Department of

Transportation Road Design Manual for the appropriate design speed of the

roadway. In no case shall the design speed be less than 30 mph.

3. Grades. Minimum grade for curb and gutter streets shall be 0.2%.

4. Vertical Curves. Different connecting street gradients shall be connected with

vertical curves. The minimum length of these curves shall conform to the standards

specified in the current version of the MN DOT Road Design Manual.

5. Minor Streets. Minor streets shall be so aligned that their use by through traffic will

be discouraged.

6. Cul-de-sacs. Maximum length of cul-de-sac streets shall be 500 feet measured

along the centerline from the intersection of origin to end of right-of-way. Cul-de-

sacs shall have a minimum permanent turn-around area radius of 53 feet to the edge

of the finished street or curb line, and a minimum right-of-way radius of 60 feet.

7. Marginal Access Streets. Where a subdivision abuts or contains an existing or

planned major thoroughfare or a railroad right-of-way, the JPB may require a street

approximately parallel to and on each side of such right-of-way for adequate

protection of residential properties and to afford separation of through and local

traffic. Such marginal access streets shall be located at a distance from the major

thoroughfare or railroad right-of-way suitable for the appropriate use of the

intervening land, as for park purposes in residential districts, or for commercial or

industrial purposes in appropriate districts. Such distances shall also be determined

with due regard for the requirements of approach grades and future grade

separations. For platted, unimproved streets see Section 1113.

8. Half Streets. Half streets shall be prohibited, except where essential to the

reasonable development of subdivision in conformity with the other requirements of

these regulations; and except where the Joint Planning Board finds it will be

practicable to require the dedication of the other half when the adjoining property is

subdivided. Wherever there is a half street adjacent to a tract to be subdivided, the

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other half of the street shall be platted within such tract. For platted, unimproved

streets see Section 1113.

9. Reserve Strips. Reserve strips controlling access to streets shall be prohibited,

except that a lot frontage below minimum lot width requirements may be created

via the administrative lot division procedure for purposes of future access to

property. This shall only be permitted where future subdivision of land is feasible

according to the zoning classification of a parcel. Such statement shall be recorded

on the Certificate of Survey and recorded against the property with approval.

10. Private Streets. Private streets shall not be approved unless part of an approved

planned unit development, nor shall public improvements be approved for any

private street.

11. Hardship to Owners of Adjoining Property Avoided. The street arrangements shall

not be such as to cause hardship to owners of adjoining property in platting their

own land and providing convenient access to it.

D. Intersections.

1. Angle of Intersection. The angle formed by the intersecting of streets shall not be

less than 85°.

2. Size of Intersection. Intersections of more than four corners shall be prohibited.

3. Corner Radii. Roadways of street intersections at the curb shall be rounded by a

radius of not less than 20 feet. Roadways of alley-street intersections shall be

constructed according to appropriate MN DOT Standard Plates. Corners at the

entrance to the turn-around portions of cul-de-sacs shall be rounded by a radius of

not less than 15 feet.

E. Drainage.

A complete and adequate drainage system for the subdivision shall be designed by a

professional engineer. The plan shall include a storm sewer system or a system of open

ditches, culverts, pipes, and catch basins, or both systems. Such system or systems shall

be designed in conformity with the adopted Policy Guidelines of the “Surface Water

Management Plan and Storm Water Design Guide Report Dated January 2008, as may

be amended; and/or other applicable standards and policies of the Joint Planning Board.

Storm water management and Erosion Control Plans shall conform to all required local,

state and federal permit and ordinance provisions as they may apply to land

development in a specific location.

F. Curb and Gutter.

In areas served by storm sewer, concrete curb and gutter shall be included as a part of

the required street surface improvements and shall thus be designed for installation

along both sides of all roadways in accordance with the standards of the JPB.

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G. Ditches.

In areas without storm sewer the right of way shall be grubbed to a minimum of twenty

(20) feet on either side of a center line in an embankment section; or such addition as

may be required in a ditch section. (Except, see Section 1111 A.2.a.) The width

between shoulder lines shall be uniform and shall be a minimum of fourteen (14) feet

either side of center line. In slopes and back slopes shall not be steeper than three (3)

feet on the horizontal to one (1) foot on the vertical. The ditch separation shall be a

minimum of two (2) feet with a ditch bottom of three (3) feet minimum.

H. Sidewalks and Shared Use Paths.

In all major subdivisions that include paved roads: sidewalks or paved shared-use paths

at not less than five feet on both sides of the road. Active Transportation requirements

outlined in Section 1010 also apply with respect to connections to adjacent

development.

I. Water Supply.

Extensions of the municipal water supply system shall be designed so as to provide

water service to each lot. The design of said extension shall be in accordance with the

design standards proposed to and approved by the Joint Planning Board.

J. Sewage Disposal.

Extensions of the municipal sanitary system shall be designed so as to provide sewer

service to each lot. The design of said extensions shall be in accordance with the design

standards proposed to and approved by the Joint Planning Board, and shall meet all

requirements of Article VIII of this Ordinance.

K. Street Names.

Names of new streets shall not duplicate existing or platted street names unless a new

street is a continuation of or in alignment with the existing or platted street, in which

event it shall bear the same name of the existing or platted street so in alignment. Street

names and numbers shall conform to the established pattern in the Greater Bemidji

Area and shall be subject to the approval of the Planning Commission.

L. Blocks.

Block length and width or acreage within bounding streets shall be such as to

accommodate the size of residential lot required in the area by the zoning provisions

and to provide for convenient access, circulation control, and safety of street traffic.

M. Lots.

1. Location. All lots shall abut on a publicly dedicated street or a street that has

received legal status as such with the exception of Common Interest Communities

meeting all other requirements of this Ordinance.

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2. Size. The lot dimensions in subdivisions designed for single family detached

dwelling use shall not be less than the minimum dimensions required to secure the

minimum lot area specified in this Ordinance.

3. Side Lot Lines. Side lines of lots shall be substantially at right angles to the street

line, with the exception of lots in cul-de-sacs.

4. Natural Features. In the subdividing of any land, due regard shall be shown for all

natural features such as tree growth, water courses, historic spots or similar

conditions, which if preserved will add attractiveness and stability to the proposed

development.

5. Lot Remnants. All remnants of lots below minimum size left over after subdividing

of a larger tract must be added to adjacent lots, rather than allowed to remain as

unusable parcels.

Section 1110. Required Improvements on the Site

A. Improvements Listed and Described.

Prior to the approval of a final plat by the Joint Planning Board, the sub divider shall

have agreed, in the manner set forth in this Section, to install or pay for the installation

in conformity with construction plans approved by the Registered Engineer and in

conformity with all applicable standards and Code provisions, the following

improvements on the site:

1. Monuments.

Monuments of a permanent character, as required by MS Chapter 505, shall be

placed in locations on the boundary of the subdivision and within it as required;

2. Street and Alley Improvements.

a. Grading. The full width of the right-of-way of each street dedicated in the plat

shall be graded with due regard to prominent trees, historic spots and

appropriate aesthetic considerations.

b. Pavements. All streets shall have an adequate sub-base and shall be improved

with all-weather, permanent surface approved by the appropriate road authority.

c. For platted, unimproved streets see Section 1113.

3. Curb and Gutter.

Permanent curb and gutter shall be installed in all areas proposed to be developed

with lot widths of 100 feet or less.

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4. Water Supply.

The developer shall be required to install water mains and lines to all residential lots

in the subdivision where it is within 300' of an existing municipal water line, unless

such lots are outside of the Phased Annexation Areas adopted by the JPB where

such services are not available. All installation and connection costs shall be borne

by the developer. Where connection to the municipal water system is not required,

individual water systems shall be installed according to the requirements of this

Ordinance.

5. Sewage Disposal.

The developer shall be required to install sanitary sewer mains and service

connections to all residential lots on the subdivision where it is within 300 feet of an

existing sewer line, unless the property is located in an area outside of the Phased

Annexation Areas adopted by the JPB. All installation and connection costs shall be

borne by the developer. Where connection to the municipal sewage system is not

required, individual disposal systems shall be installed according to the

requirements of this Ordinance.

6. Drainage.

A system that will adequately take care of the water runoff within the subdivision

shall be provided, based on a storm water runoff plan prepared by a Registered

Engineer and approved by the JPB. If the Joint Planning Board, upon the

recommendation of the Registered Engineer, determines that it is feasible for the

sub divider to install storm sewers connected to the existing storm system of the

community within or adjacent to the subdivision, or an extension of the community

system which will be extended to the boundary of the subdivision within eighteen

months of the filing of the final plat, the appropriate governing body shall require

installation of a storm sewer system to provide drainage. If a storm system is

installed and connections to the community system are not immediately available,

the storm sewers shall be capped and temporary provisions made for drainage by

other means. The cost of storm sewers shall be assessed against the benefiting

properties, based on the assessment policy of the governing body, including those

which may lie outside the boundaries of the proposed subdivision.

7. Street Sign.

Street signs shall be installed in all new subdivisions by the appropriate governing

body at the expense of the developer.

8. Underground Electric, Telephone and Cable TV Service.

All electric, telephone, and cable TV service shall be installed underground in new

subdivisions.

B. Optional Community Construction Permitted.

In lieu of doing actual construction work in improvements required to be made by the

sub divider under this Section, the sub divider may petition the appropriate governing

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body to do the construction work required. Such petition shall include a request that the

benefited property be assessed for the cost of such improvements where appropriate.

Such petition shall be presented to the governing body by September 1 for construction

during the next season. This option shall apply to streets, alleys, curb and gutters, water

and sanitary sewer facilities. In no event shall such design and construction result in a

cost to be borne by tax payers of the community generally except in those instances

where part of the benefit of the construction is deemed by the appropriate governing

body to extend beyond the properties contained in the proposed subdivision.

C. Payment for Installation of Improvements.

The costs of the required improvements, which are listed and described in Subdivision

A above, are to be furnished and installed at the sole expense of the sub divider and at

no expense to the community, unless otherwise stated. In the case of an improvement,

the cost of which would by general policy of the governing body be assessed only in

part to the improved property and the remaining cost paid out of general tax levy or

other funds, the governing body may make provisions for payment of a portion of the

cost by the sub divider and the remaining portion of the cost by the governing body,

and provided further, that if any improvement installed within the subdivision will be of

substantial benefit to lands beyond the boundaries of the subdivision, the governing

body may make provision for causing a portion of the cost of the improvement,

representing the benefit to such lands to be assessed against the same and in such case

the sub divider will be required only to pay for such portion of the whole cost of said

improvement as will represent the benefit to the property within the subdivision.

D. Required Developer’s Agreement Providing for Proper Installation of Improvements.

Prior to installation of any required improvements and prior to approval of the final

plat, the sub divider shall enter into a contract in writing with the governing body

requiring the sub divider to furnish and construct said improvements at his sole cost and

in accordance with plans and specifications and usual contract conditions all approved

by the governing body, which shall include provision for supervision of details of

construction by the Registered Engineer and grant to the Registered Engineer authority

to correlate the work with any other work being done or contracted by the governing

body in the vicinity. The agreement shall require the sub divider to make an escrow

deposit or in lieu thereof, to furnish the performance bond as specified in Subsection E.

hereof, the amount of the deposit and the penal amount of the bond to be equal to the

Registered Engineer's estimate of the total cost of the improvements to be furnished

under the contract, including the cost of inspection by the governing body. On request

of the sub divider, the contract may provide for completion of part of all of the

improvements covered thereby prior to acceptance of the plat, and in such event the

amount of the deposit or bond shall be reduced in a sum equal to the estimated cost of

the improvements to be furnished after the acceptance of the plat only. The time for

completion of the work and the several parts thereof shall be determined by the

governing body upon recommendation of the Registered Engineer after consultation

with the sub divider and shall be reasonable in relation to the work to be done, the

seasons of the year, and proper correlation with construction activities in the

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subdivision. The provisions of this Subsection shall be waived or amended as deemed

appropriate by the governing body upon advice of the Registered Engineer on those

improvements which the governing body has agreed to install under the provisions of

Subsection B. hereof.

E. Construction Plans

Construction plans for the required improvements conforming in all respects with the

standards of the Registered Engineer and local Code provisions shall be prepared at the

sub divider’s expense by a professional engineer who is registered in the State of

Minnesota, and said plans shall contain his seal. Such plans together with the quantities

of construction items, shall be submitted to the Registered Engineer for his estimate of

the total cost of the required improvements; upon approval they shall become a part of

the contract required in Subsection D. hereof. The original plans approved by the

Registered Engineer plus two prints and a copy in electronic format shall be furnished

to the appropriate jurisdiction to be filed by the Registered Engineer as a record in the

Engineering Department. Following construction, the sub divider shall furnish to the

appropriate road authority a reproducible Mylar "Record Drawings" plus two sets of

prints showing the actual field dimensions as measured during construction.

F. Inspection.

All required improvements on the site that are to be installed under the provisions of

this Article shall be inspected during the course of construction by the Registered

Engineer at the sub divider’s expense, and acceptance shall be subject to the Registered

Engineer's certificate of compliance with the contract.

G. Improvements Completed Prior to Approval of Final Plat.

Improvements within a subdivision which have been completed prior to application for

approval of the final plat or execution of the contract for installation of the required

improvements shall be accepted as equivalent improvements in compliance with the

requirements of Subsection A hereof only if the Registered Engineer shall certify that

he is satisfied that the existing improvements conform to applicable to appropriate

community standards.

Section 1111. Variances

In accordance with Section 1206 of this Ordinance, the Board of Adjustment may grant a

variance in any particular case where the sub divider can show that by reason of exceptional

topography or other physical conditions the strict compliance with these regulations could cause

practical difficulties for the enjoyment of a substantial property right provided such relief may be

granted without detriment to the public welfare and without impairing the intent and purpose of

the regulations.

In support of a variance application under Section 1206, the sub divider/applicant shall, for

consideration by the Board of Adjustment, supplement the application with maps, plans or other

additional data which may aid the Board of Adjustment in the analysis of the proposed project.

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The plans for such development shall include such covenants, restrictions or other legal

provisions necessary to guarantee the full achievement of the plan. Any variance or modification

thus granted shall be recorded in resolution form and entered in the minutes of the Board of

Adjustment setting forth the findings of fact which justified the action.

Section 1112. Land Use or Building Permits

No land use or building permits shall be issued for construction on any lot until all requirements

of this Article have been fully complied with. All lots or parcels must have a parcel

identification number prior to the issuance of any permit.

A building or land use permit shall not be issued for a platted lot whose only access is a street

that is not part of the road authority’s system of publicly maintained streets, unless the developer

has entered into an agreement with the road authority which set out the specific improvements

required before the road authority will accept maintenance of the streets, including a timeline for

making the improvements, and provides for the private maintenance of the street until it is

accepted for pubic maintenance . A copy of the executed agreement with the road authority must

be provided to the JPB before any permits will be issued. A road authority is not responsible for

maintaining or improving a platted street until it acts to expressly take over such maintenance.

Furthermore, a decision of the road authority to not take over the maintenance of a platted street

shall not be deemed an abandonment of the street.

Section 1113. Copies of Plat

Copies of all of such plats or subdivisions, after the same have been submitted, approved and

recorded as provided in this Article, shall be filed and kept by the Joint Planning Board at a place

designated as the official repository of the records of the Greater Bemidji Area, and with the

appropriate road authority.

Section 1114. Enforcement and Penalty

Unless approved as a final plat as provided herein, no subdivision shall be entitled to record in

the County Recorder's Office or have any validity; and neither the Building Official nor Planning

Administrator shall cause to be issued building permits or land use permits for any structure on a

lot in any proposed subdivision, with the exception of permits that may have been granted

without approval of such subdivision. The Joint Planning Board shall not permit any public

improvements to be installed unless the preliminary plat is approved and shall not permit any

services until approval of the final plat and recording of same. It is unlawful for any person to

violate, omit, neglect or refuse to comply with or to resist the enforcement of any of the

provisions of these regulations, or to sell or offer for sale or lease any lot or block of land

herewith regulated before all the requirements of these regulations have been complied with; and

each day that a violation is permitted to exist shall constitute a separate offense. Every person

violates a Section, subdivision, paragraph or provision of this Article when he performs an act

thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or

declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except

as otherwise stated in specific provisions hereof. The Joint Planning Board may enjoin such

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conveyance by action for injunction or may recover such penalty by a civil action in any court of

competent jurisdiction.

Section 1115. Dedication of Parks, Open Spaces, Trails and Public Sites

A. Purpose.

The Greater Bemidji Area continues to grow while the amount of parkland, open space

and trails for active and passive recreational opportunities remains almost unchanged.

The community’s growth includes increases in population, employment, new

dwellings, and square footage of floor space for business uses, all of which directly or

indirectly use and place burdens upon the community’s park and trail system. In our

modern day society and culture, people continue not only to seek recreational

opportunities but to demand that adequate park, open space and trail resources be an

integral component incorporated into the fabric of their community, be it their

neighborhood or the workplace. This Ordinance requirement is enacted to equitably

meet park, open space and trail needs of the community as land is developed, and to

fulfill the needs, plans and policy of the community and its people as expressed in the

City of Bemidji’s prior Nexus Study, the Comprehensive Plan, as well as the City's

2001 Parks, Open Space and Trail System Plan. The City has previously implemented

Parkland Dedication requirements, and meeting these continued park, open space and

trail needs protects the health, safety and welfare of community residents and is in the

best interests of the community.

B. Findings

The Joint Planning Board finds that:

1. Minnesota Statutes Section 462.358 enables cities to require dedication of parks,

open spaces and trails as part of the platting and subdivision process.

2. Pursuant to that enabling authority, for several decades cities have enacted parkland

dedication ordinances such that it is common practice in most communities around

the State to require the dedication of park, open space and trail lands as part of the

platting and subdivision process.

3. Requiring dedication of lands for park, open space and trail needs, based on the use

and density of development, will help ensure adequate park, open space and trail

facilities at suitable locations throughout the community.

4. There is a nexus or close relationship between the need for more parkland, open

space and trails and the conversion of unplatted land, often rural land, to urban or

suburban development. As a general rule, a core system of parkland requires a

minimum of 6.25 to as much as 20 acres per 1000 population. Furthermore, many

communities have found it reasonable to require an amount of lands equal to ten

percent (10%) of the land proposed to be subdivided for parks, open space, trails

and other recreational purposes, exclusive of public streets, alleys, drainage,

easements and pedestrian ways.

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5. The City previously completed a Nexus Report which demonstrated the need and

basis for dedication as the community grows and new development and subdivision

occurs as a result of that growth.

6. Requiring park and trail dedication is consistent with Bemidji's previously adopted

Comprehensive Plan, particularly the Public Facilities/Parks Plan and the policy

which recommended that the City require dedication of parkland or cash in lieu of

land in conjunction with subdivision of all property.

7. The City currently implements and administers Parkland Dedication requirements,

and requiring continued dedication for parks, open space and trails is also consistent

with and in furtherance of the City's Parks, Open Space and Trail System Plan, as

well as the City's local sales tax legislative initiative passed by a majority of voters

in the 2002 general election.

8. Accordingly, the Joint Planning Board finds it in the best interest of the community

to protect the public health, welfare and safety by continued assurance of adequate

parks, trails and open space through dedication of land, or cash in lieu of land, in

conjunction with the subdivision of property within the City of Bemidji.

C. Land Dedication Required.

As allowed by Minnesota Statutes, §462.358, Subd. 2b, the Joint Planning Board shall

require all subdivides of property within the City limits of Bemidji to dedicate a

reasonable portion of the land being platted or subdivided, or established as a new CIC

which creates one or more new tax parcels. CIC applications for existing buildings

which were constructed more than five (5) years prior to the application are exempt.

Dedication and/or payment to the City shall be for public use, park, playground, trails,

public sites, open space, conservation purposes, and storm water holding areas and

ponds.

D. Adaptability-Suitability of Dedication.

Land to be dedicated shall be in a location and of a character consistent with and

reasonably adaptable for the above public purposes. Factors the JPB will use in

evaluating the adequacy of proposed dedications shall include size, shape, topography,

tree cover, drainage, geology, access and location. Lands not reasonably adaptable

(wetlands, lands within flood plains or already protected lands) may be dedicated but

such dedication shall not count or be credited toward meeting the minimum park land

dedication requirements of this Ordinance.

E. Minimum Areas of Dedication

1. Residential: A minimum of at least the rate of one acre per 25 dwelling units within

the subdivision.

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2. Non-Residential: A minimum of at least 4 percent of the gross area, excluding

wetlands, shall be dedicated.

3. Mixed Residential and Non-Residential: For that portion in non-residential uses, a

minimum of at least 4 percent of the gross area, excluding wetlands, shall be

dedicated. For that portion in residential use, a minimum of at least the rate of 1

acre per 25 residential units in the subdivision shall be dedicated.

4. Multiple Family Residential: The rate of 1 acre per 25 residential units shall be

dedicated based upon actual number of dwelling units in the development. The

Parkland dedication shall be calculated at the time of permit application.

F. Trails (and Sidewalks).

Trails shall be included in the plat and dedicated to provide a suitable circulation

system within the plat and with links to the community’s system consistent with the

City’s Comprehensive Plan, Bemidji Parks, Open Spaces and Trails Plan and any

similar plan of the community or Beltrami County. At the discretion of the City, trails

dedicated by the sub divider within a public park having at least 30 feet of width

throughout its length, may be eligible for park dedication under provisions of this

chapter.

G. Dedicated Land not counted in Meeting Density or Open Space Requirements.

Land conveyed or dedicated for the above public purposes and/or its equivalent as a

cash contribution may not be used by a sub divider or owner as an allowance for

purposes of calculating the density requirements of the development as set out in this

Ordinance and shall be in addition to and not in lieu of open space requirements for

planned unit developments, open space easements for roads, utilities, drainage,

conservation, and open space.

An incentive to dedicate additional parkland over and above that required as a

minimum in Para E above may be used to calculate additional density for the

development in an amount equal to the percentage of the amount of additional land

dedicated. Additional land to be dedicated shall be located on the property to be

developed. Maximum density increases cannot exceed the maximum calculated for the

entire parcel without parkland dedication. Monetary remuneration shall not be

substituted for additional land dedication.

H. Private Open Space.

If private open space for park and recreation purposes is provided in a proposed

subdivision and such space is to be privately owned and maintained by the future

residents of the subdivision, at the discretion of the Joint Planning Board, and upon

recommendation of the City, such area may be used for credit toward the park

dedication requirement provided the JPB finds it is in the public interest to do so and

that the following standards are met:

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1. That where such credit is granted, the amount of credit shall not exceed 20 percent

of the amount of land dedication required to be dedicated by this Article.

2. That yards, court areas, setbacks and other open space required to be maintained by

this Ordinance shall not be included in the computation of such private open space.

3. That the private ownership and maintenance of the open space is adequately

provided for by written agreement.

4. That the private open space is restricted for park and recreation purposes by

recorded covenants which run with the land in favor of the future owners of

property within the tract and which cannot be eliminated without the consent of the

City.

5. That the proposed private open space is reasonably adaptable for use for park and

recreation purposes, taking into consideration such factors as size, shape,

topography, geology, drainage, access, and location of the private open space land.

6. That facilities proposed for such open space are in substantial accordance with the

provisions of the recreational element of the land use plan, and are approved by the

Joint Planning Board.

I. Contribution of Equivalent Market Value in Lieu of Land.

The sub divider is required to dedicate land or the equivalent market value of suitable

land in cash to meet the land dedication requirement. When, upon recommendation of

the City, in the opinion of the Joint Planning Board, the subdivision is too small for

practical dedication of public land, or if no land in the subdivision is suitable for such

use, or if, in the opinion of the JPB, there is no need for publicly dedicated recreation

land, school sites or public use, within the subdivision, the JPB may direct that the City

accept the equivalent market value in cash of suitable land from the sub divider in lieu

of land dedication. Equivalent market value of suitable land shall be calculated using an

average fair market value for one acre of land having the same zoning classification(s)

and development potential as the property being developed, and having a character

consistent with and reasonably adaptable for park, open space and/or trail purposes.

Fees based on equivalent fair market values for residential and non-residential

(commercial/industrial) properties shall be determined by the Bemidji City Council and

reviewed annually and, if necessary, recalculated based upon current land sales

comparisons. The fee values shall be reported to the JPB and current fees shall be set

forth in both the City’s and JPB’s Fee Schedule Ordinances. Upon City

recommendation, the JPB may consider and allow a combination of land dedication and

a cash contribution in lieu of land dedications. Dedication of parkland or cash-in- lieu

of land dedication for Multiple Family Residential shall be required at the time of

building permit application and prior to any issuance of such permit.

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J. Dedication Requirements Presumptively Appropriate.

The dedication requirements based on the development’s proportional share of the

community’s park system are presumptively appropriate. A sub divider may request a

deviation from the presumptive requirements based upon the anticipated impact of that

particular subdivision. That request must be made to the Joint Planning Board as part of

an application before final plat approval.

K. Previously Platted Property.

Property being subdivided without an increase in the number of lots shall be exempt

from park and trail dedication requirements if similar requirements were satisfied in

conjunction within an earlier subdivision. If the number of lots is increased, then the

dedication shall be based on additional lots created.

L. Out Lots.

In plats that include out lots for future development, the sub divider may pay to the

City;

1. The development’s proportional share for the entire subdivision, including the out

lots, or;

2. The development’s proportional share, excluding such out lots, provided that the

dedication requirement shall be satisfied when such out lots are developed or re-

platted.

M. Administration and Accounting.

The Joint Planning Board shall establish administrative procedures deemed necessary

or required to implement land dedication requirements. The City already has an

established fund into which cash contributions received in lieu of conveyance or

dedication is placed. In the future, should all participating jurisdictions together

implement parkland dedication requirements, the JPB may be authorized to establish a

separate fund into which shall be placed all cash contributions received in lieu of

conveyance or dedication of land.

N. CITY NEXUS REPORT: A Brief Explanation

Background: If the city is to require park and trail dedications in new plats, a rationale

and justification for such dedication strengthens the basis for such an ordinance. The

rationale and justification can be based on:

1. The purpose clause in the subdivision ordinance which contains the following

phrases:

“Each new subdivision becomes a permanent unit in the basic physical structure of

the community, a unit to which the future community will of necessity be forced to

adhere.” And “In their interpretation and application, provisions of these

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Regulations shall be the minimum requirements adopted for the protection of the

public health, safety and general welfare.”

2. Minnesota statues allow such dedication.

3. Many cities require dedication.

4. Nexus- There is a strong relationship between requiring park dedication and the

need for and use of the park (benefit) by the population and uses, which will occupy

the site being subdivided.

The first three are well established. The fourth item, Nexus, is the subject of this

report.

Nexus:

Nexus involves essentially two tests:

Test 1 – Does a relationship exist between the dedication requirement and the

benefit derived from the dedication? For example, the dedicated park allows active

and/or passive recreation by the people who will live and/or work etc. within the

subdivision.

Test 2 – Is there a rough proportionality shown/demonstrated between the amount

of dedication required and the use and benefits to the property. For example, the sub

divider of a few residential lots could not be expected to dedicate an entire

community park serving a large population.

City Demographics:

The following statistical information was compiled to show the relationship

between park acres and population/dwellings.

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Demographics- Parks

Park Acres

Dwelling

Units

Population

% Increase

Acres per

1000 People

Natural

Dev.

Total

Dwell

Pop.

Nat. &

Dev.

Only

1990

4,412

11,245

17.6

1996

289

193.44

2000

205

4,948

11,917

12%

17.2

2001

119.5

85.7

205.2

June 2004

119

205

5,100

12,200

16.8

7.0

2020

119

205

6,000

14,400

18%

14.24

6.0

If No

New Park

Year

119

126

245

6,000

14,400

18%

8.7

Notes:

1 - U.S. Census used for 1990 and 2000 population and dwellings.

2 - Population other years based on census plus the number of new dwellings units x

number of persons per dwelling unit from closest last census.

3 - Dwelling units for other years based on census plus new units added from city’s

Building Permit Records.

4 - June 2004 population and dwellings are estimated from partial city information.

5 - Park acres for 1996 from the City’s Comprehensive Plan see pg. 28, pg.33 and pg.

36.

(Total of all parks).

6 - Park acres for 2000 from the Bemidji Parks, Open Space and Trail System Plan.

7 - Park acres for 2001 and June 2004 based on no new acres added. Source: the City

Parks Director.

8 - 2020 is a projected year matched with orderly annexation.

Future Expansions of Bemidji: (Orderly Annexation)

Currently, the city has about 205 acres of parks, equal to about 2.6 percent of the land

in the city (205 park acres/7981 total city acres. [P.28 Comp. Plan] =2.6%). This

percent (2.6%) can be considered a low percent for park land.

The parks serve a city population of about 12,000 equal to 16.8 acres per 1000 persons.

If the park acres are judged to be approximately reasonable in terms of acres per person

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and percent of total land, then when the city expands, Bemidji’s future needs can be

calculated by projecting the size and population of the city. If the city expands by 1000

acres by 2020, then park acres need to be expanded by 40 acres to serve the expanded

population and city. The Nexus Principle is based on the determination that the new

need for park comes from the new subdivisions in the proportion each new subdivision

contributes to the population and increases in the square footage of commercial and

business development. See the table below.

PARK NEED: BASED ON PROJECTED POPULATION

Year

City Acres

Acres per 1000 People

Acres of Park Provided or Needed

2004

7981

205

2020

8981

245

Difference

1000

The need can also be based on a percent of the land in the community. A figure of 10

percent is often used as a standard. Bemidji’s percent is about 2.6 percent. The table

below shows the park land needed based on the city’s projected annexation and

2.6 percent.

PARK NEED: BASED ON CITY’S ANNEXATION PROJECTION*

Year

City Acres

Acres per 100

people

Acres of Park

Provided or Needed

2004

7,981

205

2010

(5 years)

1,391 New Annex

9372 Total

253**

2015

(10 years)

2,145 New Annex

11,517 Total

310**

2020

(15 years)

1,624 New Annex

13,141 Total

1) **

2) 342**

3) Difference

4) Between 2004

5) And 2020

6) 5,160

7) _

8) 137**

*Information received August 26, 2004 from City on possible/projected annexation in

Northern Township and Bemidji Township.

**Projection of park land needed is not based on population in this scenario. Instead

park land needed is projected based on the percent of park land to total city acres in

2004 (2.6%) and 2020 (2.6%). Total city acres times 2.6 percent gives the projected

needed park land. For example, if the city has 13,141 acres in 2020, the projected park

land needed at 2.6 percent is 342 acres or 137 acres more than the 205 acres which exist

today. The calculation is 13,141 x .026=342 acres.

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ARTICLE XII

ADMINISTRATION

Section 1201. Planning Administrator

The Joint Planning Board shall appoint one or more Planning Administrators. The Planning

Administrator(s) shall perform the following duties:

A. Enforce and administer the provisions of this Ordinance;

B. Issue necessary permits for permitted uses and/or activities which comply with and as

called for under the provisions of this Ordinance;

C. Maintain permanent and current records of this Ordinance, including but not limited to

applications, plats, official zoning maps, amendments, variances and conditional uses;

D. Receive, file and forward, along with recommendations, all applications for appeals,

variances, conditional uses or other land use matters and requests to the designated

official bodies and authorities responsible for official reviews and approvals;

E. Institute, in the name of the Greater Bemidji Area, any appropriate actions or

proceedings against a violator as provided for in this Ordinance, or otherwise by law.

F. Coordinate with and assist other zoning and/or regulatory authorities and their

administrators regarding matters which are subject of shared concern and exercise of

official controls within the Greater Bemidji Area.

Section 1202. Planning Commission

A. The Planning Commission is an advisory body appointed by the Joint Planning Board

to engage in the process of community planning in the Greater Bemidji Area. The

Planning Commission is charged with the following responsibilities:

1. To prepare and update as needed the Greater Bemidji Area Comprehensive Plan, or

any component thereof, and the regulations designed to effectuate the Plan

including zoning, subdivision, and shoreland management. In addition, the

Planning Commission shall undertake a complete review of the Comprehensive

Plan, or its components, and prepare recommended revisions to the Joint Planning

Board for its consideration at least every five years.

2. To participate in the implementation of the Comprehensive Plan, or its components,

by reviewing applications for the subdivision of land, zoning amendments, and

conditional use permits, and forwarding recommendations for approval or denial, as

well as conditions for approval, to the JPB, as further specified below.

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a. Assist the Joint Planning Board in the formulation of goals, policies and

programs for the future development of the Greater Bemidji Area;

b. Assist the Joint Planning Board in the preparation of development controls

designed to promote development consistent with adopted goals and policies;

c. Review applications for conditional use permits, conduct public hearings in

accordance with the provisions of the Ordinance, and make recommendations to

the Joint Planning Board;

d. Review subdivision proposals for compliance with the provisions of this

Ordinance, conduct public hearings, and forward final plats, along with

recommendations, to the Joint Planning Board;

e. And in general have the authority to review and make recommendations on any

proposed plans for the implementation of any planning, improvement, or

redevelopment of any area or neighborhood, notwithstanding whether those

plans fall within the purview of the existing Zoning Ordinance and related

regulations. This advisory role includes recommendations on proposed

improvements in neighborhoods, areas or districts that have been destroyed in

whole or in part by fire, earthquake, tornadoes, wind storms or other natural

disasters, as well as by deterioration due to disinvestment.

f. Any other such duties as required or requested by the Joint Planning Board to

further goals and policies in furtherance of the intent of this Ordinance.

B. The Planning Commission shall consist of twelve (12) members. Six (6) of those

members shall be appointed from names recommended by the Bemidji City Council,

three (3) members shall be appointed by names recommended by the Bemidji

Township Board, and three (3) members shall be appointed from names recommended

by the Northern Township Board. The initial appointments shall be made by the Joint

Planning Board so that each jurisdiction shall have an equal proportion of its appointees

serving terms of one, two and three years respectively. There is no limit to the number

of terms that a Planning Commissioner may serve.

1. The Planning Commission shall meet at least monthly, and its first regular meeting

in January shall be designated as its Annual Meeting.

2. No Planning Commission member may be an employee of any of the jurisdictions

that are a party to the Joint Powers Agreement.

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Section 1203. Board of Adjustment

There is hereby created a Bemidji Area Board of Adjustment vested with the authority as is

hereinafter provided, and as provided in Minnesota Statutes Chapter 462. The JPB shall act as

the Board of Adjustment. However, in the future the JPB may appoint a separate Board with

equal City and Township representation.

A. The Board of Adjustment and Appeals shall elect a Chairperson and Vice-Chairperson

from among its members. It shall adopt rules or bylaws, for the transaction of its

business and shall keep a permanent record of its proceedings, findings and

determinations. The Board of Adjustment and Appeals shall cause all such records of

its proceedings, findings and determinations to be filed in the offices of the Joint

Planning Board.

B. The meeting of the Board of Adjustment shall be held as specified in the rules or

bylaws, and at other such times as the Chairperson of the Board shall deem necessary

and appropriate.

C. The Board of Adjustment shall have the exclusive power concerning the following:

1. To grant variances from the strict enforcement of standards and provisions

prescribed by this Ordinance. Variances shall only be granted based upon the

criterion prescribed in Section 1206 of this Ordinance;

2. To hear and decide any appeal from an order, requirement, decision or

determination made by the Planning Administrator;

3. To interpret any management district boundary on the Official Zoning Map;

4. All decisions by the Board of Adjustment in granting variances, or in hearing any

appeals from administrative order, requirement, decision or determination shall be

final except that any aggrieved person, department, agency, Board or Commission

shall have the right to appeal to the District Court within thirty (30) days after

receipt of the notice of the decision made by the Board of Adjustment.

Section 1204. Land Use, Building and Other Administrative Permits

Separate permits shall be required for the following permitted activities: building construction,

alteration, tree removal, signs, Type II home occupations, specific group living and daycare

activities in unsewered areas, subsurface sewage treatment system installation or alteration, and

grading or filling in shoreland areas. All permits issued shall be in accordance with the standards

prescribed in this ordinance. Permit Types include:

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A. Building Permits. All property owners, contractors, subcontractors, builders or other

persons having charge of the erection, alteration, moving, change, or remodeling of any

building or structure shall apply for a Land Use Permit from the Joint Planning Board

or a Building Permit from the City Building Department, as applicable, before

beginning or undertaking such work. Requests to the City of Bemidji for building

permits which require a site plan review shall be forwarded to JPB Staff for review and

approval prior to issuance of any permit. JPB Staff may require a pre-application

meeting for land use or building permits for developments more complex than one and

two family dwellings. After the appropriate fee has been paid, and if the proposed

work does not conflict with any portion of this Ordinance or related regulations, the

permit shall be granted. If the permit is not granted, the reasons for such denial shall be

provided, in writing, to the applicant.

B. Land Use Permits are the Township version of City of Bemidji Building Permits.

C. SSTS and Shoreland Alteration Permits. Permits for the installation of subsurface

sewage treatment systems or grading and filling in shoreland areas must also be

obtained from JPB Planning Staff before such installation or shoreland alteration has

begun.

D. Sign Permits. Permits for the construction or placement of signs must be obtained from

JPB Planning Staff before such construction or placement shall be allowed.

E. Tree Removal Permits. Permits for the removal and/or replacement of significant trees

must be obtained from JPB Planning Staff before such removal, cutting, or clearing

may commence on any property where such permits are required.

All building, sign, excavation and related installation permits shall expire one year from the date

of approval unless the project has been substantially completed. SSTS permits shall expire at the

end of the calendar year in which they are issued. A request for an extension may be considered

by the Planning Administrator or Joint Planning Board pursuant to M.S. Chapter 462.

Site plan improvements for all new, expanded, or redevelopment projects, shall meet all

performance standard requirements of this Ordinance. These improvements may be waived or

modified by the Planning Administrator, provided they structure(s) and/or site impervious

footprint is not expanded or intensified greater than twenty (20%) percent.

Section 1205. Conditional Use or Interim Permits

Any use listed as a Conditional or an Interim Use in this Ordinance shall be permitted only upon

application to the Planning Office, review and recommendation of the Planning Commission,

approval and issuance of a Conditional/Interim Use Permit by the Joint Planning Board, and only

after any additional approval required under applicable official controls of any other

governmental jurisdiction. The applicant for a conditional/interim use permit shall fill out and

submit to the Planning Office an Application for Conditional/Interim Use Permit. When such

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permit is completed and submitted, the appropriate fee shall be paid in order for the application

to be considered complete and to receive consideration by the Planning Commission. A

thorough site evaluation shall be conducted by JPB Planning Staff and, as applicable, the

Planning Commission prior to consideration of the permit by the JPB. An applicant seeking a

CUP or IUP for a use existing as a lawful preexisting nonconforming use shall, upon approval of

such permit, be subject to the terms and conditions of the CUP or IUP, which shall apply in lieu

of the rights attaching to the nonconforming use. An applicant’s acceptance of the conditions of

the CUP or IUP shall constitute an intentional waiver of the rights applicable to the

nonconforming use and agreement that the use shall be controlled by the terms and conditions of

the permit, including the cessation of the use upon revocation of the permit.

A. Required Findings of Fact. The Planning Commission shall during its public hearing

consider and include in its recommendation to the JPB consideration of the following

findings-of-fact:

1. Whether the proposed use adversely affects the public safety, health, morals,

convenience and general welfare of the occupants of surrounding land;

2. Whether the proposed use adversely affects traffic conditions and parking on

adjacent streets and land;

3. Whether the proposed use adversely affects property in the surrounding area;

4. Whether the proposed use is in conformance with the community’s Comprehensive

Plan or Land Use Plan; and,

5. Whether adequate utility, drainage and other such necessary facilities have been or

can be provided.

B. In consideration of the granting of any conditional use permit throughout the Greater

Bemidji Area, the Joint Planning Commission and Joint Planning Board shall evaluate

the effect of the proposed use upon:

1. The maintenance of the public health, safety and welfare;

2. The location of the site with respect to existing and proposed access roads;

3. Its compatibility with adjacent land uses;

4. Its compatibility with the intent of the zoning district in which such use is proposed;

5. Its compatibility with the objectives of this Ordinance and its consistency with the

Greater Bemidji Area Land Use Plan.

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6. The ability to provide pedestrian and bicycle access, as noted in the site plan, to any

customer/tenant ingress/egress of the building, including from a public right-of-way

and off-street parking area that serves the use in a manner which minimizes non-

vehicular/vehicular conflicts.

C. In consideration of the granting of any conditional use permit in shoreland areas, the

Planning Commission and Joint Planning Board shall also evaluate the effect of the

proposed use upon:

1. The prevention and control of water pollution, including sedimentation and nutrient

loading;

2. Existing topography and drainage features and vegetative cover on the site;

3. The erosion potential of the site based upon the degree and direction of slope, soil

type and existing vegetative cover

4. The need for the proposed use for a shoreland location;

5. The amount of liquid waste to be generated and the adequacy of the proposed

sewage treatment system;

6. The visibility of structures and other facilities as viewed from public waters;

7. Adequacy of the site for water supply and on-site sewage treatment systems if

central utilities are not available;

8. The potential adverse impact on historic or cultural sites;

9. The types, uses and numbers of watercraft that the project will generate in relation

to the suitability of public waters to safely accommodate the watercraft.

D. Upon consideration of the factors listed above, the Planning Commission may attach

such reasonable conditions, in addition to those required elsewhere in this Ordinance,

which it deems necessary for the furtherance of the purposes set forth in this Ordinance.

Such conditions attached to conditional use permits may include, but shall not be

limited to:

1. Increased yards and setbacks;

2. Limitations on odor, dust, noise, and light pollution;

3. Periods and/or hours of operation;

4. Minimum number of off-street parking spaces;

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5. Type of construction;

6. Adequate access for all pedestrians, including those using wheelchairs or any other

mobility aid, subject to requirements in Section 1010 of this Ordinance and the

Americans with Disabilities Act.

7. Deed restrictions;

8. Landscaping and vegetative screening;

9. Type and extent of shore cover;

10. Specified sewage treatment and water supply facilities;

11. Location of signs, parking, docks and piers;

12. Requirement to notify the Planning Commission within 30 days of the transfer of

ownership of a property subject to a conditional use permit;

13. Any other reasonable requirements necessary to fulfill the purposes and intent of

this Ordinance.

E. An applicant for a Conditional/Interim Use Permit may be required to furnish to JPB

Staff, in addition to the information required for the building or other permit, the

following:

1. A plan of the proposed project area showing contours, soil types, ordinary high

water level, ground water conditions, bedrock, slope, and vegetative cover;

2. Location of existing and proposed buildings, parking areas, traffic access,

driveways, walkways, piers, open spaces and vegetative cover;

3. Plans for buildings, sewage treatment facilities, water supply systems, and

arrangements of operations;

4. Specifications for areas of proposed grading, filling, dredging, lagooning, or other

topographic alterations;

5. Other pertinent information necessary to determine if the proposal meets the

requirements and intent of this Ordinance.

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F. The Planning Commission and the Joint Planning Board, in evaluating a

conditional/interim use application, may request the Beltrami Soil and Water

Conservation District, or other qualified entity, to make available expert assistance to

assist in the evaluation and consideration of such application.

G. The procedure for applying for a conditional/interim use permit is as follows:

1. An applicant desiring a conditional/interim use permit shall fill out and submit to

the JPB Office a completed Conditional/Interim Use Permit Request form, copies of

which are available from the JPB Office. The appropriate fee shall be paid in order

for the application to receive consideration by the Planning Commission.

2. JPB Planning Staff shall make a written recommendation to the Planning

Commission and schedule a public hearing to be conducted within 30 days of the

receipt of the application.

3. The Planning Commission shall hold a public hearing in accordance with M.S. 462

and the provisions of this Ordinance.

4. The Planning Commission will forward its recommendation to the Joint Planning

Board for consideration at its next scheduled meeting. If it recommends approval

of the conditional/interim use permit, the Commission may recommend conditions

it considers necessary to protect the public health, safety and welfare.

5. The Joint Planning Board will act upon the request within 15 days of receipt of the

recommendation, and within 60 days from receipt of the application. The Joint

Planning Board may, at its discretion, extend the review period by no more than 60

additional days provided that it notifies the applicant, in writing, of the reason for

such extension. The Joint Planning Board may affirm, deny or modify the

recommendation provided by the Planning Commission. If it grants the

conditional/interim use permit the Joint Planning Board may impose reasonable

conditions it considers necessary to protect the public health, safety and welfare.

Such conditions may include a time limit for the use to exist or operate.

6. If a time limit or periodic review is included as a condition by which a

conditional/interim use permit is granted, the conditional/interim use permit may be

reviewed at a public hearing with notice of said hearing published at least ten (10)

days prior to the review. It shall be the responsibility of the Planning Administrator

to schedule such public hearings and the owner of land having a conditional/interim

use permit shall not be required to pay a fee for said review. A waiver from a

public hearing for annual review of conditional/interim use permits may be granted

by the Joint Planning Board at the time of review at its discretion.

7. Conditional/Interim Use Permits issued shall be recorded in the office of the

Beltrami County Recorder as per Minnesota statutes.

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H. Any change involving structural alterations, enlargement, intensification of use, or

similar change not specifically permitted by the original Conditional Use Permit issued

shall require an amended conditional use permit and all procedures shall apply as if a

new permit were being issued.

I. The Planning Administrator shall maintain a record of all conditional and interim use

permits issued including information on the use, location, and conditions imposed by

the Joint Planning Board, time limits, review dates, and such other information as may

be appropriate. Any major Permit modification including, but not limited to, hours of

operation, additional employees, expansion of structures, structural alterations and/or

premises, operational modifications resulting in increased traffic, enlargement,

intensification of use, or similar change not specifically permitted by the original

Conditional or Interim Use Permit issued shall require an amended interim or

conditional use permit and all procedures of this Section shall apply as if a new permit

were being issued. Proposed permit modifications shall be classified as major or

minor, as determined by the Planning Administrator. Major and minor permit

modifications shall be further subject to and processed as follows:

1. Major Permit Modifications:

a. Any modification that exceeds 20% of a quantifiable standard of any condition

of a permit shall be considered a major modification.

b. Qualifications: Any permit modification not classified or qualifying as major

shall be classified as minor.

c. Applications for substantial modification of uses that were granted prior to the

establishment of the Greater Bemidji Area Joint Planning Board and which

require a conditional or interim use permit according to Article III of this

Ordinance shall require a Major Permit Modification according to the

requirements of this Section.

d. Procedure: Major permit modifications shall be processed according to all

provisions of this Section and shall be subject to all requirements and standards

of this Ordinance.

2. Minor Permit Modifications: In addition to other considerations noted above,

minor permit modifications shall meet the following criteria:

a. Sites shall be in nonresidential zoning districts, and shall not abut any

residentially zoned property.

b. All sites must be legal parcels of record at the time of application and shall not

contain more than one principal use on the parcel.

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c. All applications for permit modification shall be complete and in full

compliance with all the requirements of this Ordinance. All applicable fees

shall be paid.

d. All permit modification proposals shall meet or exceed the current standards of

all applicable codes, ordinances, and policies and shall be free of any variances

from those standards.

e. Applications for modification of existing structures, infrastructure or other

physical characteristics of a site upon which a conditional or special use was

granted prior to the establishment of the Greater Bemidji Area Joint Planning

Board; may be approved as a Minor Permit Modification, provided all

requirements of the current standards of this Ordinance are met for

administrative approval.

f. Intensification of previously permitted conditional, interim or special uses may

be allowed as a Minor Permit Modification provided the intensification does not

result in a net increase of greater than 20% of the existing use or impervious

surface of the existing parcel and it does not exceed existing quantifiable

standards.

3. Procedure: Administrative approval of minor permit modifications shall be subject

to the requirements of Section 1204 of this Ordinance.

Section 1206. Variances, Appeals and Adjustments

A. The Board of Adjustment and Appeals shall have the exclusive power to order the

issuance of variances from the terms of this ordinance, including restrictions

placed on nonconformities. All such variances shall be granted in accordance

with M.S. Chapter 462.357 (Subd. 6), or as may be amended.

B. Appeals to the Board of Adjustment and Appeals may be taken by any affected

person upon compliance with any reasonable conditions imposed by the Zoning

and Subdivision Ordinance. The Board of Adjustment and Appeals has the

following powers with respect to the Zoning and Subdivision Ordinance:

1. To hear and decide appeals where it is alleged that there is an error in any

order, requirement, decision, or determination made by the Planning

Administrator in the enforcement of the Zoning and Subdivision Ordinance.

2. To hear requests for variances from the requirements of the Zoning and

Subdivision Ordinance, including restrictions placed on nonconformities.

Variances shall only be permitted when they are in harmony with the general

purposes and intent of the Zoning and Subdivision Ordinance and when the

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variances are consistent with the comprehensive plan. Variances may be

granted when the applicant for the variance establishes that there are practical

difficulties in complying with the zoning ordinance.

3. Practical difficulties, as used in connection with the criteria for granting of a

variance, means:

a. The property owner proposes to use the property in a reasonable manner

not permitted by the Zoning and Subdivision Ordinance;

b. The plight of the landowner is due to circumstances unique to the property

not created by the landowner;

c. The variance, if granted, will not alter the essential character of the

locality;

d. Economic considerations alone do not constitute practical difficulties.

Practical difficulties include, but are not limited to, inadequate access to

direct sunlight for solar energy systems. A variance shall be granted for earth

sheltered construction as defined in section MS. Chapter 216C.06, subdivision

14, when in harmony with the Zoning and Subdivision Ordinance. The Board of

Adjustment and Appeals may not permit as a variance any use that is not

allowed under the Zoning and Subdivision Ordinance for property in the zone

where the affected person's land is located.

C. The Board of Adjustment and Appeals or other governing body, as the case may be,

may impose conditions in the granting of variances. A condition must be directly

related to and must bear a rough proportionality to the impact created by the

variance.

D. The Board of Adjustment and Appeals must make an affirmative finding on all four

criteria listed above in order to grant a variance. The applicant for a variance has the

burden of proof to show that all of the criteria listed above have been satisfied. A

variance shall not be granted for a use that is not permitted under the terms of this

Ordinance.

E. The Board of Adjustment and Appeals may impose conditions upon a variance that

relate to the purposes and objectives of this Ordinance to ensure compliance and to

protect adjacent properties.

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F. The procedure for applying for a variance is a follows:

1. An applicant desiring a variance shall fill out and submit to the JPB Office a

completed Variance Request form, copies of which are available from the JPB

Office. The appropriate fee shall be paid in order for the application to receive

consideration by the Board of Adjustment and Appeals.

2. The Planning Staff shall make a written recommendation to the Joint Planning

Commission and Board of Adjustment and Appeals. A public hearing shall be

conducted within 30 days of receipt of the application.

3. The Joint Planning Commission shall hold a public hearing in accordance with M.S.

462 and the provisions of this Ordinance. The JPC shall make a recommendation to

the Board of Adjustment and Appeals.

4. The Board of Adjustment and Appeals will act upon the request within 30 days of

receipt from the Commission, and within 60 days from the receipt of the completed

application. The Board of Adjustment and Appeals may, at its discretion, extend

the review period by no more than 60 additional days provided that it notifies the

applicant, in writing, of the reason for such extension. The Board of Adjustment

and Appeals may approve, deny, or modify the recommendation of the Planning

Commission.

G. The procedure for filing an appeal:

An appeal of an administrative decision made in the enforcement of this Ordinance

shall be made by filling out and submitting to the Planning Administrator an

Application for Appeal, which application is available from the JPB Office. An

application for an appeal must be submitted within fourteen (14) days of the

administrative decision being appealed. The appropriate fee shall be paid in order for

the application to receive consideration by the Board of Adjustment and Appeals. Such

appeal shall be heard by the Board of Adjustment and Appeals, and a decision shall be

made, within sixty (60) days of the date that such completed application is submitted to

the Planning Administrator. The Board of Adjustment and Appeals may, at its

discretion, extend the review period by no more than 60 additional days provided that it

notifies the applicant, in writing, of the reason for such extension.

Section 1207. Amendments; Text or Zoning District

The Board of Adjustment and Appeals may adopt amendments to the Zoning and Subdivision

Ordinance, including the zoning map in relation to land uses within a particular district or to the

location of the district lines. Such amendments shall not be issued indiscriminately, but shall

only be used as a means to reflect changes in the goals and policies of the community as

reflected in the Greater Bemidji Area Land Use Plan, or changes in conditions of the Greater

Bemidji Area.

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A. Findings

1. Findings Required for Amendments to Text.

When a proposed amendment would result in a change in the text of this chapter but

would not result in a change of zoning classification of any specific property, the

recommendation of the Planning Commission shall contain a statement as to the

nature and effect of such proposed amendment and findings as to the following:

a. Whether such change is consistent with the interest and purpose of this

Ordinance;

b. The areas which are most likely to be directly affected by such change and in

what way they will be affected; and,

c. Whether the proposed amendment is made necessary because of change or

changing conditions in the areas and zoning districts affected and, if so, the

nature of such changed or changing conditions

2. Findings Required for Amendments to Change Zoning Districts.

When a proposed amendment would result in a change of the zoning classification

of any specific property, the recommendation of the Planning Commission shall

contain statements as to the present classification, the classification under the

proposed amendment, and the reason for seeking such reclassification, and findings

as to the following:

a. Whether the change in classification would be consistent with the intent and

purpose of this Ordinance;

b. Whether every use that would be permitted on the property if it were

reclassified would be compatible with the uses permitted on other property in

the immediate vicinity;

c. Whether adequate sewer and water facilities, and all other needed public

services, exist or can be provided to serve the uses that would be permitted on

the property if it were reclassified;

d. Whether the proposed amendment would correct an error in the application of

this Ordinance; and,

e. Whether the proposed amendment is made necessary because of changed or

changing conditions in the area affected, and, if so, the nature of such changed

or changing conditions.

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B. The procedure for amendments to this Ordinance shall be as follows:

1. An amendment may be initiated by a property owner, JPB staff, the Planning

Commission or the Joint Planning Board. Property owners, or their representative,

wishing to initiate a text amendment may do so one of two ways. The first is an

informal request. In such instances, and after consult with the Planning

Administrator, they may appear before the Joint Planning Commission without

completing an application and submitting a fee for a non-‘binding discussion’ on

the subject. The Planning Administrator will take the discussion into account and

proceed to administer the Ordinance accordingly. Property owners wishing to

initiate a formal text or map amendment shall complete an Application for

Amendment, available from the Planning Administrator. Such application shall be

filled out and submitted to the Planning Administrator together with the appropriate

fee. The applicant shall appear before the Planning Commission to answer any

questions that Commission members may have concerning the amendment request.

The application shall be deemed complete only after receipt of the completed form,

payment of required fees, and meeting with the Planning Commission.

2. A public hearing on the amendment request shall be conducted by the Planning

Commission within thirty (30) days following receipt of the application. The public

hearing shall be conducted in accordance with M.S. 462;

3. The Planning Commission shall make its recommendation to the Joint Planning

Board within fifteen (15) days after the proceedings of this public hearing.

4. The Joint Planning Board shall consider the recommendation of the Planning

Commission within thirty (30) days after the public hearing is conducted, and

within sixty (60) days of the receipt of the completed application. The Joint

Planning Board may, at its discretion, extend the review period by no more than

sixty (60) additional days provided that it notifies the applicant, in writing, of the

reason for such extension. The applicant shall be notified in writing of the action of

the Joint Planning Board.

5. No application of a property owner for an amendment to the text of the Ordinance

or the zoning map shall be considered by the Planning Commission within the one-

year period following a denial of such request, except the Planning Commission

may permit a new application, if in the opinion of the Planning Commission, new

evidence or a change in circumstances warrant it.

Section 1208. Public Notice and Hearing Requirements

A. In addition to the procedures described in preceding sections of this Ordinance, all

conditional use permit requests, variance requests, requests for amendments, and

preliminary plat approval shall be reviewed at a public hearing conducted at least ten

(10) days following official public notification including publication in the official

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newspaper of the Joint Planning Board and mailed notice to all property owners within

the following distances from affected property when such notice is applicable: In the

case of Variances, Conditional Use Permits and Preliminary Plats, all property owners

within 350 feet of the property must be notified; In the case of amendments to official

controls which involve changes in district boundaries of five acres or less, all owners of

property within 350 feet must be notified.

B. The Commissioner of Natural Resources must also receive mailed notice at least ten

(10) days prior to hearings to be conducted concerning applications for conditional use

permits, variances, amendments or preliminary plat approvals, in shoreland areas.

Notice of hearings to consider subdivisions must include copies of the proposed

preliminary plat.

C. The Commissioner must also receive a copy of approved conditional use permits,

variances, zoning amendments and finals plats in shoreland areas, postmarked within

ten (10) days of final action.

Section 1209. Enforcement and Penalties

A. The Planning Administrator or his or her agent shall have the right, at all reasonable

times, to enter upon private property for the purpose of administration or enforcement

of this Ordinance. This includes the right to conduct investigations, inspections,

sampling, test borings and other actions necessary for the enforcement of this

Ordinance.

B. In the event of violation or threatened violation of this Ordinance, the Joint Planning

Board may institute appropriate actions or proceedings to prevent, restrain, correct or

abate such violations or threatened violations.

C. Any person, firm or corporation who shall violate any of the provisions herein, or who

shall fail to comply with any of the provisions herein, or who shall make any false

statement in any document required to be submitted under such provision, shall be

guilty of a misdemeanor, and upon conviction thereof shall be punished by such

penalties and fines provided by law. Each day that the violation continues shall

constitute a separate offense.

Section 1210. Fees

In order to defray the administrative costs associated with the processing of applications for

building and related permits, conditional use permits, interim use permits, variance requests,

amendments, appeals, and subdivision plat approval, a schedule of fees shall be adopted by the

Joint Planning Board. The schedule of fees shall be adopted by ordinance, reviewed by the Joint

Planning Board on an annual basis, and amended as needed. The Fee Ordinance shall be posted

at the Bemidji City Hall, Bemidji Town Hall, and Northern Town Hall, and may be altered or

amended only by ordinance of the Greater Bemidji Area Joint Planning Board.

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This ordinance shall become effective upon its passage and the first day of publication.

Adopted this 8

Day of April, 2015.

Ayes: Albrecht, Chambers, Johnson, Olson, Erickson, Kelly

Nays: None

Absent: Heuer, Merschman, Mountain

ATTEST: APPROVED:

____________________________ ________________________________

Mayana Rice, AICP Planning Administrator Clark Chambers, Chairperson