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Section 1 ~ Preamble, Title, Short Title and Purpose Parts 0101-0104 LA CRESCENT TOWNSHIP ZONING ORDINANCE SECTION 1 ~ PREAMBLE, TITLE, SHORT TITLE AND PURPOSE 0101 PREAMBLE Pursuant to Minnesota Statutes, Sections 462.351 to 462.364 inclusive, the Board of Supervisors of La Crescent Township ordains this Ordinance regulating the use of land in La Crescent Township by districts, including the regulation of the location, size, use and height of buildings, the arrangement of buildings on lots and the density of population for the purpose of promoting the public health, safety, order, convenience, and general welfare of La Crescent Township. 0102 TITLE This Ordinance shall be known, cited and referred to as the La Crescent Township Zoning Ordinance. 0103 SHORT TITLE The "La Crescent Township Zoning Ordinance;" when referred to herein, it shall be known as "this Ordinance." 0104 PURPOSE The purpose of this Ordinance is to promote the health, safety, and general welfare of the citizens in the unincorporated areas of La Crescent Township and to conserve the resources of the Town by adopting the following policies: Subdivision 1. To Promote And Protect The Health Safety And General Welfare. To implement policy and standards that protect the public health, safety, comfort, convenience and general welfare. Subd. 2. To Preserve Agricultural Land. To implement policy and standards that protect and conserve agricultural land. Subd. 3. To Provide For The Orderly Development Of The Town. To implement policy and standards that protect and conserve the social and economic stability of the Town by providing for agricultural, residential, commercial, and industrial land use districts that allow compatible uses and promote their orderly development. Subd. 4. To Assure Adequate Utilities And Transportation. To facilitate adequate and economical provision of transportation, water supply, and sewage disposal. Subd. 5. To Assure Adequate Public Facilities. To provide for general location of schools, recreation facilities and other public requirements. La Crescent Township Zoning Ordinance ~ Page ~1 Parts 0104-0104 Subd. 6 To Conserve The Scenic Beauty Of The Town. To implement policy and standards that conserve the natural and scenic beauty and attractiveness of the Town. Subd. 7. To Conserve Natural Resources. To implement policy and standards that conserve the natural resources in the Town including bluff-land, wetland, shoreland, and woodland. Subd. 8. To Prevent Pollution. To implement policy and standards that minimize environmental pollution. Subd. 9. To Encourage Solar And Earth-Sheltered Dwellings. To implement policy and standards that conserve energy by allowing solar and earth-sheltered housing. La Crescent Township Zoning Ordinance ~ Page ~2 Parts 0201-0205 SECTION 2 ~ IMPLEMENTATION 0201 JURISDICTION The jurisdiction of this Ordinance shall apply to all the areas of La Crescent Township outside the incorporated limits of municipalities, and within the boundaries of any municipality which chooses to come under the jurisdiction of this Ordinance. 0202 STATUTORY AUTHORIZATION The standards in this Ordinance are adopted pursuant to Minnesota Statutes Chapter 462.351 to 462.364, planning and zoning enabling legislation, and the authorization and policies contained therein, and such other statutory authorization as cited in this Ordinance. 0203 SCOPE From and after the effective date of this Ordinance and subsequent amendments, the use of all land and every building or portion of a building erected, altered in respect to height and area, added to or relocated, and every use within a building or use accessory thereto in La Crescent Township shall be in conformity with the provisions of this Ordinance. Any existing building or structure and any existing use of properties not in conformity with the regulations herein prescribed shall be regarded as nonconforming, but may be continued, extended or changed, subject to Section 8 of this Ordinance regulating nonconforming uses. 0204 APPLICATION Subdivision 1. Interpretation And Application. In the 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 welfare. Subd. 2. Abrogation Of Greater Restrictions. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. 0205 SEPARABILITY It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: Subdivision 1. Shall Not Affect Any Other Provisions Of This Ordinance. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment La Crescent Township Zoning Ordinance ~ Page ~3 Parts 0206-0206 0206 RELATION TO COMPREHENSIVE PLAN It is the policy of the Town Board that the enactment, amendment and administration of this Ordinance be accomplished with due consideration of the purposes and objectives of the La Crescent Township Comprehensive Plan as adopted or approved and amended from time to time by the Township Board of Supervisors. La Crescent Township Zoning Ordinance ~ Page ~4 Parts 0301-0304 SECTION 3 ~ RULES AND DEFINITIONS 0301 PERMITTED USES Permitted uses of land or buildings as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No building or land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building, structure or land shall be located, except for the following exceptions: Subdivision 1. Exceptions 1. Uses lawfully established prior to the effective date of this Ordinance in accordance with Sections 8 and 28 of this Ordinance. 2. Conditional uses established accordance with Section 6 of this Ordinance. 0302 CONDITIONAL USES Conditional uses of land or buildings, as hereinafter listed, may be allowed in the districts indicated, subject to the issuance of Conditional Use Permits, in accordance with the provisions of Section 6. Whenever a conditional use is named as a major category, it shall be deemed to include all and only those itemized uses listed. 0303 MEASUREMENT OF DISTANCES All stated and measured distances shall be taken to the nearest integral foot. If a fraction is one-half (1/2) foot or less, the integral foot next below shall be taken. All distances, unless otherwise specified, shall be measured horizontally. 0304 WORD USAGE Subdivision 1. Interpretation Of Certain Words. For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. 2. The words 'shall" or “will” are mandatory, and not discretionary, the words "may" and “should” are permissive. 3. Words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural the singular. 4. The word "parcel" shall include the words "piece", "lot", and "plot". The word 'building" shall include "structures" of every kind, regardless of similarity to buildings. La Crescent Township Zoning Ordinance ~ Page ~5 Parts 0304-0305 5. The masculine gender shall include the feminine and neuter. 0305 DEFINITIONS Aboveground manure storage area. "Aboveground manure storage area" means a manure storage area for which all portions of the liner are located at or above the elevation of the natural ground level. Access. The term include all public and private ingress and egress from private property to a public right-of-way. This definition includes, but is not limited to, access to building sites, accessory uses, fields and wood lots. Access Approval. Any new access, or improvement of an existing access onto a public road or highway right-of-way shall be reviewed by, and comply with the design standards provided by the local government unit that has jurisdiction over the right-of-way. Accessory Building. A subordinate building or a portion of a main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Agricultural Use. The use of land and buildings for the growing or production of field crops or other cash crops, orchards, the raising of livestock, and livestock products for the production of income. For purpose of this definition the following terms are defined as: 1. Field crops shall include but not be limited to corn, soybeans, hay, oats rye, wheat, fruit, vegetable, foresters, or other products suitable for human or animal consumption; 2. Livestock shall include but not be limited to dairy and beef cattle, hogs, poultry, horses, sheep, game birds, goats or other animals as determined by the Planning Commission; 3. Livestock products shall include but not be limited to milk, cheese, butter, eggs, meat, fur and honey. 4. Temporary or permanent single family dwellings occupied by the owners of the farm and/or persons primarily engaged in the production of field crops or the raising of livestock on the farm on which the dwelling is located. 5. The necessary accessory uses and buildings for packing, treating or storing the produce; provided, however,
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