An Ordinance Dividing the Unincorporated Areas

BEMIDJI TOWNSHIP LAND USE ORDINANCE

AN ORDINANCE DIVIDING THE UNINCORPORATED AREAS

OF BEMIDJI TOWNSHIP INTO DISTRICTS

AND REGULATING AND RESTRICTING

THE USES OF LAND IN SAID DISTRICTS

AS AMENDED AND REVISED UP TO May 12, 2003June 8, 2004

TABLE OF CONTENTS

ARTICLE I Purpose...... 4

ARTICLE II Jurisdiction...... 4

ARTICLE III Districts...... 4

Wildlife Conservation District "A"...... 4

Agricultural Rural District "B"...... 4

Rural Residential District "RG"...... 4

Sparse Density "R-1"...... 4

Moderate Density "R-2"...... 4

Mississippi Headwaters

Management District "R-2M"...... 4

Commercial District "D"...... 4

ARTICLE IV Definitions 1 through 94...... 4-8

ARTICLE V General Regulations...... 8

Compliance wih Land Use Ordinance...... 8

Permits ...... 8

Special Use Permits ...... 8

Junk, Vehicles & Trash ...... 9

Number of Dwellings ...... 9

Dwellings/Housing Performance Standards.... 9

Setback Regulations ...... 9

Location of Essential Services Equipment... 9

Excavation of Mineral Materials ...... 9

Sanitary Landfill ...... 10

Signs & Outdoor Advertising ...... 10

Storage & Recycling ...... 10

Fences ...... 10

Parking Regulations ...... 10

Home Occupations ...... 10

Farm Animals ...... 10

Multi Family Dwellings ...... 10

ARTICLE VI Subdivision of Lands...... 11

ARTICLE VII Wildlife Conservation District "A"...... 11

Section 1: Permitted Uses ...... 11

Section 2: Prohibited Uses...... 11

ARTICLE VIII Agricultural Rural District "B"...... 11

Section 1: Permitted Uses...... 11

Section 2: Special Uses...... 12

Section 3: Prohibited Uses...... 12

Section 4: Area Regulations...... 12

ARTICLE IX Rural Residential District "R-1"...... 12

Section 1: Permitted Uses...... 12

Section 2: Special Uses...... 12

Section 3: Prohibited Uses...... 12

Section 4: Area Regulations...... 12

ARTICLE X Rural Residential District "R-2"...... 12

Section 1: Permitted Uses...... 12

Section 2: Special Uses...... 12

Section 3: Prohibited Uses...... 13

Section 4: Area Regulations...... 13

Section 5: Area Regulations and Uses

for "R-2M"...... 13

ARTICLE XI Commercial District "D"...... 13

Section 1: Permitted Uses...... 13

Section 2: Special Uses...... 13

Section 3: Area Regulations...... 13

ARTICLE XII Non-Conforming Uses...... 13

Section 1: Non-Conforming Uses Defined .... 13

Section 2: Provision Relating to Lots

not Meeting the Applicable

Area Regulations for Districts

in which they are located...... 13

Section 3: Provisions relating to Existing

Uses, Buildings, & Structures..... 13

ARTICLE XIII Administration...... 14

Section 1: Administrative Authority...... 14

Section 2: Establishment and Duties of

Planning & Zoning Commission...... 15

Section 3: Land Use Permits...... 15

Section 4: Special Use Permits...... 16

Section 5: Variances...... 17

Section 6: Public Hearing Records ...... 17

Section 7: Recording of Variances and

Special Use Permits...... 17

Section 8: Waiving of Permit Fees...... 17

Section 9: Current Taxes...... 17

ARTICLE XIV Appeals...... 18

ARTICLE XV Amendments...... 18

ARTICLE XVI Enforcement...... 18

ARTICLE XVII Conflict With Other Laws...... 19

ARTICLE XVIII Validity...... 19

ARTICLE XIX Effective Date...... 19

BEMIDJI TOWNSHIP LAND USE ORDINANCE

Pursuant to Minnesota Statutes, Chapters 365, 366.18 and 462, the Town Board of Bemidji Township does ordain and establish as follows:

ARTICLE I

PURPOSE

The purpose of this ordinance is to insure, promote, and protect the health, safety, and general welfare of present and future inhabitants of Bemidji Township by securing the most appropriate use of the land, by preventing undesirable uses of the land, by preventing undue concentration of population, by providing for the orderly development of undeveloped areas, by encouraging and facilitating adequate and economical provision of transportation, water supply, sewage disposal, schools, recreational facilities, and other public facilities, and by otherwise protecting and preserving the attractive, stable, and wholesome environment of Bemidji Township.

ARTICLE II

JURISDICTION

This Ordinance shall apply to all unincorporated land located within the boundaries of Bemidji Township, unless said land is under the jurisdiction of the Beltrami County Shoreland Ordinance (BCSO) or the Mississippi Headwaters Conservation Ordinance(MHCO). In the event land within Bemidji Township is under the jurisdiction of the Beltrami County Shoreland Ordinance and/or the Mississippi Headwaters Conservation Ordinance, this ordinance shall only apply to those provisions not addressed and not in conflict with BCSO and/orMHCO or if this ordinance is more strict. It is the responsibility of the property owner to comply with all rules and regulations enforced by other jurisdictions.

ARTICLE III

DISTRICTS

The legal descriptions of the districts in Bemidji Township are as follows:

Bemidji Township hereby adopts the Beltrami County tax parcel identification maps with overlays as required. All changes, combinations, and divisions require the assignment of new tax parcel ID numbers. All permits required by this ordinance shall be issued based on the Beltrami County tax parcel ID# system. The official map of Bemidji Township shall be posted and maintained at Bemidji Township Hall and updated as required.

For purpose of complying with the provisions of this ordinance, the unincorporated areas of Bemidji Township are hereby divided into the following land use districts:

1. Wildlife Conservation District "A" (minimum of 10 contiguous Acres)

2. Agricultural Rural District "B" (minimum of 10 5 contiguous Acres)

3. Rural Residential District "RG"

A. Sparse density "R-1"(minimum of 105,000 contiguous sq ft or 2.4 contiguous acres)

B. Moderate density "R-2"(minimum of 45,000 contiguous sq ft or 1.03 contiguous acres)

C. Mississippi Headwaters Management District "R-2M" – (see MHW ordinance)

4. Commercial District "D" (minimum of 45,000 contiguous sq ft or 1.03 contiguous acres)

The districts above named are hereby established and shown on the map which shall be referred to as the official zoning map of Bemidji Township and which is incorporated herein and made a part hereof. An enlarged copy of the official Township map is posted and available for inspection at the Bemidji Township Hall.

The legal description and map of the township is a part of this ordinance. Copies of this ordinance, legal descriptions, and map of the township are available upon request from the township.

ARTICLE IV

DEFINITIONS

For purposes of this ordinance, the following terms shall have the meaning hereinafter indicated in this Article unless specifically stated otherwise. Words used in the present tense shall include the future; words used in the future tense shall include the present tense; words used in the singular shall include the plural; words used in the plural shall include the singular; the word "shall" is mandatory and not discretionary; the word "persons" includes any individual, firm, association, syndicate, partnership, joint enterprise, corporation, trust, or any other legal entity.

1. Accessory structure: Any subordinate structure, except residential structures, incidental to and customarily connected with the principal building or use and which is located on the same parcel with such principal building or use. Examples of such structures and facilities include but are not limited to: Swimming pools; tennis courts; saunas; solar collectors; wind generators; satellite dishes; transmitters and receivers; detached garages and storage buildings.

1. Accessory use: Any use which in incidental to the principal use of a lot, except additional residences.

1. 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 activities.

1. Agricultural Structure: Any structure existing or erected and used principally for agricultural purposes, with the exception of dwelling units.

1. Amendment: A revision to the content of this Land Use Ordinance whether it be deleting or adding of words to clarify intent or the adding or deleting of entire sections.

1. Board of Adjustment: Bemidji Township Planning & Zoning Commission.

1. Board of Supervisors: The Bemidji Town Board of Supervisors.

1. Buffer: The use of land topography, spaces and screening to separate uses or structure from other uses or structures. For example, trees, shrubs, and fences.

1. Buildable Area: That portion of a lot or parcel remaining after the required setbacks and well and sewer/septic requirements have been provided.

1. Building: Any structure, either temporary or permanent, having a roof or other covering, and used for shelter or enclosure of any person, animal or property of any kind, situated on private property and used for purposes of a building.

1. Building Line: That line measured across the length or width of a lot at the point at which the principal structure cannot extend without violating the setback provisions.

1. Building setback: The minimum horizontal distance between the building and specified lot line as prescribed in this Ordinance.

1. Business: Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, sold or where services are offered for compensation.

1. Cemetery: Public and private cemeteries as defined under Minnesota Statues Section 306.

1. Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

1. Commercial Use: The principal use of land or buildings for non-residential revenue producing activities.

1. Contiguous: Land that is joined by common boundary and not separated by roads, easements, or public waters.

1. Conditional Use: A land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that standards and criteria stated in this Ordinance will be satisfied. (Please note that Bemidji Township as of March 9, 2000, no longer issues Conditional Use Permits, except for those permits already granted. All special uses that do not comply with the use permitted by district must be approved by a Special Use Permit).

1. Cul-de-sac: A vehicular turn-around terminating a dead end street.

1. Dead-end street: A short street having but one end open to traffic.

1. Deck: A horizontal unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than six (6) inches above ground.

1. Demolition Landfill: Any area of land which is or could be used for the disposal of non-leachable solid waste from construction or destruction of residential or commercial buildings or their contents.

1. Density: the number of dwelling units residing upon or to be developed upon.

1. District: An area of the Bemidji Township in which the regulations governing the use of land are uniform.

1. Dwelling site: A designated location for residential use, either permanent or temporary, by one or more persons, including camping and recreational vehicle sites.

1. Dwelling unit: Any building, structure, or portion of a building or 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.

1. Easement: A grant by the owner for the use of land for the public or a person for specific purposes. (Example, permission to travel across land).

1. Essential Services: All utility services whether they are public or private. (See general regulations).

1. Extractive Use: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under Minnesota Statutes, Sections 93.44 through 93.51, and any amendments to said sections subsequently adopted.

1. Family: An individual or group of two or more persons related by blood, marriage, or adoption, and may include up to three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit and as defined by Minnesota Statute Section 462.

1. Farm: An area which is used for the growing and storage of farm products and/or the raising of farm animals, containing not less than ten (10) acres. The term "farming" includes the operating of such an area for one or more of the above uses, with the necessary accessory uses, provided that the operation of such accessory use shall be for the purposes of farming.

1. Farm Animals: All animals other than dogs and cats that are normally maintained outside a normal dwelling/residence. This definition may include but is not limited to goats, horses, cows, chickens, geese, llamas, pigs. etc.

1. Feedlots: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals, as specifically designated by Beltrami County state regulations as a confinement area in which manure may accumulate, or where a concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots under these parts. An open area used in a manner that will require the operator thereof to have a Feedlot permit from the Minnesota State Pollution Agency shall constitute a feedlot.

1. Fence: A fence is any addition, structure, wall or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard. A fence may consist of wood, metal (provided it is not motor vehicle parts), or material that is typical of fences in the district where the property is located.

1. Final plat: The final map, drawing, or chart prepared pursuant to Minnesota Statutes Section 505.177 on which the subdividers plan or subdivision is presented to the Beltrami County Board and Bemidji Township Board for approval and which, if approved, shall be recorded with the County Recorder or the County Registrar of Titles.

1. Footprint: The area of a building measured from the outermost part, including eaves, decks, etc.

1. Garage: A fully enclosed building designed or used for the storage of motor vehicles.

1. Hardship: For purposes of this Ordinance, a hardship is defined in Minnesota Statute Section 462 and 394 as amended. A hardship exists when the property in question cannot be put to reasonable use under the strict interpretation of the official controls of this Ordinance; the plight of the landowner is due to circumstances unique to his/her property and was not created by the landowner; and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls.

1. Hazardous waste: Any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste material in solid, semi-solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may (a) cause a incapacitating irreversible illness; or (b) pose a substantial present or potential hazard to human health or the environment. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

1. Height of Building/Structure: The vertical distance between the lowest ground level at the structure and the highest point of the structure.

1. Home Occupation: A commercial business conducted on the same property on which the business owners home is situated, which is a type or character consistent with rural residential lifestyle, and which is established and operated under such conditions that the use may not be a nuisance to or otherwise incompatible with the surrounding area.

1. Housing/Residential Performance Standards : Those standards established for the purpose of promoting residential energy conservation, preserving and protecting desired architectural and aesthetic characteristics of housing and neighborhoods in the community, and protecting the health, safety, welfare and environment of residents of the community. (See general regulations)

1. Individual Sewage Treatment System: Any sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof.

1. Junk: Any old or scrap hazard signs, copper, brass, rope, rags, batteries, paper, synthetic or organic, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or farm equipment or construction machinery or parts thereof, iron, steel, and other old scrap or nonferrous materials.

1. Junkyard: A place of business, establishments or place of storage maintained for keeping, storing or piling, whether temporarily, regularly, or continually, or a place maintained for buying or selling at retail or wholesale, used, or second-handed material of any kind, including, but not limited to, motor vehicles, machinery and/or parts thereof, cloths, rugs, clothing, paper rubbish, bottles, rubber, iron, or other metal or articles, concrete, construction debris, which from their worn condition, render them practically useless for the purpose for which they were made. This shall include a lot or yard for the purpose of keeping obviously abandoned in-operable or partially dismantled motor vehicles or the remains thereof for the purpose of dismantling; sale of parts therefrom, sale of scrap, storage, or abandonment. Any uncovered storage of any motor vehicles or other used material on any lot in any district shall constitute a junkyard under this ordinance.

1. Land Use Permit: A permit allowing a property owner to construct on or to move a structure on to his/her property.

1. Lot: A parcel of land designated by plat, metes and bounds, registered land survey, auditors plat or other accepted means and separated from other parcels or portions by said description or designated by Beltrami County tax parcel identification number for the purpose of sale, lease, or separation.

1. Lot Area: The area of land within the boundaries of a lot.

1. Lot on Corner: A lot situated at the junction of and abutting on two (2) or more intersection roads; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less.

1. Lot Line: The line marking a boundary of a lot.

1. Lot of Record: A parcel of land designated by Beltrami County tax parcel identification number as of the effective date of this Ordinance or amendment of this Ordinance.

1. Lot Width: A horizontal distance between the side lot lines of a lot measured at right angles to the depth.

1. Mississippi Headwaters Board: A joint powers board established pursuant to law charged with Planning and Zoning in the Upper Mississippi River corridor.

1. Mobile Home/Manufactured Home: A structure designed or used for residential occupancy built upon or having 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.