Logan Township

Logan Township Land Use Ordinance

Posted on June 19, 2014 by Chengwatana Community Farm

LOGAN TOWNSHIP

LAND USE ORDINANCE

LOGAN TOWNSHIP

AITKIN COUNTY, MINNESOTA

Ordinance No. O – __ – __ – 2014 – __

Adopted ____________, 2014

TABLE OF CONTENTS

Article Title Page Page

Article I TITLE AND AUTHORITY…………………………………………………………………………… 4

Article II PURPOSE …………………………………………………………………………………………… 4

Article III GENERAL PROVISIONS ………………………………………………………………………….. 4

Section 3.1. Jurisdiction and Scope………………………………………………………….. 4

Section 3.2. Abrogation and Greater Restrictions……………………………………….. 4

Section 3.3. Minimum Requirements and Strictness…………………………………… 4

Section 3.4. Incorporation by Reference……………………………………………………. 5

Section 3.5. Additional Regulations…………………………………………………………… 5

Section 3.6. Compliance………………………………………………………………………….. 5

Section 3.7. Prior Zoning Ordinances………………………………………………………… 5

Section 3.8. Applications………………………………………………………………………….. 5

Section 3.9. Unpaid Taxes or Charges………………………………………………………. 6

Section 3.10. Severability………………………………………………………………………….. 6

Section 3.11. Performance Bonds……………………………………………………………… 6

Section 3.12. Rules of Interpretation…………………………………………………………… 6

Article IV DEFINITIONS 7

Section 4.1. Definitions……………………………………………………………………………. 7

Article V ZONING DISTRICT AND MAP…………………………………………………………………… 9

Section 5.1. Land Use Map…………………………………………………………………….. .9

Section 5.2. Interpretation of Land Use Map………………………………………………. 9

Section 5.3. Allowed and Prohibited Uses………………………………………………… 10

Section 5.4. Conditional and Interim Uses………………………………………………… 10

Article VI OVERLAY ZONING DISTRICT………………………………………………………………… 11

Section 6.1. Findings……………………………………………………………………………… 11

Section 6.2. Commercial Overlay District………………………………………………… 11

Article VII GENERAL REGULATIONS/PERFORMANCE STANDARDS…………………….. 12

Section 7.1. Dimensional Standards………………………………………………………… 12

Section 7.2. Development in Commercial Overlay District………………………… 12

Section 7.3. Special Provisions – Loading & Parking…………………………………. 12

Section 7.4. Signs…………………………………………………………………………………. 12

Section 7.5. Extractive Use Standards…………………………………………………….. 12

Section 7.6. Special Provisions – Mobile Homes………………………………………. 12

Section 7.7. Travel Trailer Parks and Campgrounds…………………………………. 12

Section 7.8. Vacation/Private Home Rental……………………………………………… 12

Section 7.9. General Performance Standards………………………………………….. 13

Article VIII NONCONFORMING USES, STRUCTURES AND LOTS…………………………… 13

Section 8.1. Nonconforming Uses and Structures ……………………………………. 13

Section 8.2. Nonconforming Lots …………………………………………………………… 14

Article IX ADMINISTRATION …………………………………………………………………………………. 14

Section 9.1. Logan Township Planning Commission ………………………………… 14

Section 9.2. Logan Township Board of Appeals and Adjustments ………………. 15

Section 9.3. Land Use Administrator………………………………………………………. .16

Section 9.4. Fees………………………………………………………………………………….. 17

Section 9.5. Conditional Use Permits………………………………………………………. 18

Section 9.6. Interim Use Permits…………………………………………………………….. 21

Section 9.7. Variances…………………………………………………………………………… 21

Section 9.8. Appeals……………………………………………………………………………… 24

Section 9.9. Amendments …………………………………………………………………….. 26

Article X ENFORCEMENT ……………………………………………………………………………………. 27

Section 10.1 General Offense…………………………………………………………………. 27

Section 10.2. Enforcement………………………………………………………………………. 27

Section 10.3. Prosecution………………………………………………………………………… 28

Section 10.4. Cost of Enforcement…………………………………………………………… 28

Section 10.5. After the Fact Applications…………………………………………………… 28

Logan Township Land Use Ordinance

The Board of Supervisors of the Town of Logan ordains:

ARTICLE I

TITLE AND AUTHORITY

This ordinance, which shall be known as the Logan Township Land Use Ordinance (this “Ordinance”), is adopted pursuant to the Town Board’s authority under Minnesota Statutes, section 462.351 to 462.364 and such other law as may apply. This Ordinance does not rely on the authority provided in Minnesota Statutes, sections 366.10 to 366.181 and the procedures and requirements of those sections do not apply to this Ordinance.

ARTICLE II

PURPOSE

The purpose of this Ordinance is to ensure, promote, and protect the health, safety, and general welfare of present and future inhabitants of Logan Township by adopting a land use plan and enacting regulations applicable to uses requiring conditional use permits within certain areas of the Town identified as being in the greatest need of local regulation. Aitkin County has adopted and administers land use and other regulations within the Town. The Town Board determines it is not in the best interests of Town and its residents for the Town to adopt and administer a full range of zoning regulations. Instead, the Town Board determines the best use of the Town’s limited resources is to focus on uses requiring a conditional use permit or interim use permit within certain portions of the Town, as those uses have the greatest potential of producing negative impacts on the surrounding owners, public infrastructure, and on the general public. The Town Board may elect to expand the scope of its zoning regulations in the future as it determines is appropriate to address increased or changing development in the Town. The Town desires to play a direct role in permitting and enforcing the conditions it imposes on the permits the Town Board issues.

ARTICLE III

GENERAL PROVISIONS

Section 3.1. Jurisdiction and Scope. This Ordinance shall only apply to the portions of Logan Township, Aitkin County, Minnesota identified as being within the commercial overlay district established herein and as shown on the Town’s land use map. This Ordinance does not apply outside of the overlay district or within the incorporated limits of any city. All land within the overlay district is subject to the regulations imposed by this Ordinance, the County Ordinance, and any other applicable federal, state, and local laws, rules, regulations, and ordinances.

Section 3.2. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.

Section 3.3. Minimum Requirements and Strictness. 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 welfare. Where the standards, regulations or requirements imposed by any provision of this Ordinance are either more or less restrictive than comparable standards, regulations or requirements imposed by any other ordinance, rule, or regulation of the Town, County, State or Federal government, the statute, ordinance, rule or regulation which imposes the more restrictive condition, standard, regulation or requirement shall prevail. In the event of any conflict between this Ordinance with any private restrictions, protections or covenants, the provisions of this Ordinance shall be met. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other powers granted by State statute.

Section 3.4. Incorporation by Reference. This Ordinance incorporates by reference various sections of the Aitkin County Zoning Ordinance (“County Ordinance”) as a means of promoting consistency between the two sets of regulations and avoiding redundancy. It is the intent of this Ordinance to only incorporate those sections specifically referenced herein and those portions of the County Ordinance directly related to the referenced sections which are necessary to make them operative as determined by the Town Board. It is the intent of the Town Board to automatically adopt and incorporate into this Ordinance any amendments the County may adopt to those sections of the County Ordinance incorporated herein by reference. The County is responsible for administering and enforcing its regulations and nothing herein shall be construed as the Town adopting or otherwise being responsible for the administration or enforcement of the County’s regulations. The Town shall only be responsible for administering and enforcing this Ordinance, not those adopted by the County.

Section 3.5. Additional Regulations. Aitkin County has enacted various ordinances in addition to the County Ordinance which may impact the development and use of property in the Town. These ordinances include, but are not limited to, Shoreland Management Ordinance 2012 Amended, Individual Sewage Treatment System and Wastewater Ordinance No. 1, Adult Entertainment Ordinance, Floodplain Management Ordinance, and the Subdivision Regulations of Aitkin County. This Ordinance does not adopt, nor shall it be construed as adopting, any portion of those regulations and the Town is not assuming any responsibility for the administration or enforcement of those regulations. The County is responsible for administering and enforcing its regulations and the Town is responsible for administering and enforcing this Ordinance. Various other governmental standards and regulations may also apply to the development of property within the Town including, but not limited to, the minimum standards established in the comprehensive land use plan adopted by the Mississippi Headwaters Board. Issuance of a permit by the Town does not relieve an applicant from having to comply with all other applicable standards and to obtain any other permits that may be required by law, just as obtaining a permit from another governmental entity does not relieve an applicant from having to comply with this Ordinance and to obtain all permits required by the Town.

Section 3.6. Compliance. No structure shall be erected, placed, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose or in any manner, which is not in conformity with this Ordinance. Construction of all structures and uses must be in accordance with the application, plans, permit, and any applicable variance. Permits issued by the Town on the basis of approved plans and applications authorize only the use and construction set forth in such approved plans and applications and no other use or construction. Any use or construction not in conformance with that authorized shall be deemed a violation of this Ordinance unless a new or amended permit or variance is first obtained from the Town.

Section 3.7. Prior Zoning Ordinances. This Ordinance supersedes and replaces all previous land use and zoning ordinances adopted by the Town Board and all such previous land use and zoning ordinances are hereby repealed.

Section 3.8. Applications. All applications must be on forms approved by the Town Board. Any requests not submitted on an approved Town form shall not be considered an application for the purposes of this Ordinance or Minnesota Statutes, section 15.99 and shall be rejected. An application shall be immediately rejected if it is not accompanied by the required application fee. If an escrow is required, the applicant shall submit the required amount for escrow with the Town within five (5) days of the submission of the application or the application shall be deemed incomplete and will not be processed.

Section 3.9. Unpaid Taxes or Charges. Any application for a zoning request related to property in which there are delinquent property taxes, special assessments, penalties, interest, or past due public utility fees shall not be considered complete and shall not be processed until the owner certifies to the Town, with adequate supporting documentation, that all such delinquent or past due amounts, interest, and penalties have been paid in full. Furthermore, any person who submits an application for a zoning request while owing the Town for past zoning-related fees or costs, or if the application relates to property on which there are zoning-related fees or costs owed to the Town, the application shall be deemed incomplete and shall not be accepted or processed until all such delinquent or past due amounts have been paid in full to the Town. The Town will not issue a permit or variance to any of the above-described parties until all past due amounts, penalties, and interest have been paid in full. The Town may collect any zoning-related fees, charges, or costs owed to it by certifying the amount to the County Auditor as a service charge pursuant to Minnesota Statutes, section 366.012 for collection together with the property taxes levied against any real property the person or entity owing the amount owns in the State. The Town will provide the property owner written notice of its intent to certify the amount on or before September 15. The amounts so certified to the County shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes.

Section 3.10. Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provisions to any other property, building, or structure not specifically included in said judgment.

Section 3.11. Performance Bonds. Where the Town requires a performance bond as a condition of any permit it issues, such security must be issued by a company or bank, and submitted in a form, acceptable to the Town Board. The Town Board may require and accept security in the form a performance bond, maintenance bond, surety bond, cash escrow, certificate of deposit, securities, letter of credit, or cash deposit. The Town Board must approve the specific type and form of security being provided. Any such security must be irrevocable, guarantee conformance and compliance with the conditions of the permit or approval, and must be in the amount and remain in effect as required by the Town Board. The Town Board requiring an Owner to provide a performance bond or other form of security does not obligate the Town to take any particular action with respect to the property if there is a violation of the permit under which the security was required. The Town Board may access and use the security in any reasonable way to address a violation and any resulting conditions on the property or impacts to the surrounding properties, but the Town assumes no duties in this regard and does not guarantee or otherwise promise to take any action, or any particular actions, with respect to a violation or to protect the owner, surrounding owners, the public, or their properties.

Section 3.12. Rules of Interpretation. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

Subd. 1. The singular includes the plural, and the plural the singular;

Subd. 2. The present tense includes the past and future tenses, and the future the present;

Subd. 3. The word “shall” is mandatory, and the word “may” is permissive;

Subd. 4. All measured distances expressed in feet shall be to the nearest 1/10 of a foot;

Subd. 5. General words are construed to be restricted in their meaning by preceding particular words;

Subd. 6. The references made herein to statutes, rules, regulations, or ordinances of the state or county shall automatically include any amendments made, or successors, of such statutes, rules, regulations, or ordinances without further action by the Town Board. Furthermore, such references shall serve to incorporate those statutes, rules, regulations, or ordinances by reference to the extent necessary to achieve the intent and purposes of this Ordinance. However, such incorporations are intended only to give effect to this Ordinance and are not intended to make the Town responsible for the administration or enforcement of the statutes, rules, regulations, or ordinances being referenced; and

Subd. 7. The listing of examples to further explain a term, concept, requirement, or process is not intended to be, and shall not be interpreted as, an exclusive listing. Unless the context clearly indicates otherwise, such listings are intended to be explanative without being exclusive or limited. The exception to this general rule of interpretation is the listing of uses allowed in a district, which is intended to be limited to only those uses.

ARTICLE IV

DEFINITIONS

Section 4.1. Definitions. To the extent a term is not defined below, the definitions contained in Section 3 of the County Ordinance, which are incorporated herein by reference, shall apply. Unless the context clearly indicates otherwise, references made in the definitions incorporated herein to the County shall be to the Town. A term not defined in this Section or in the County Ordinance shall have the meaning given it in the Minnesota Statutes, Minnesota Rules, or the most applicable Aitkin County ordinance to the extent the term is given a specific definition therein. If no definition is provided in any of those sources, the term shall be given its usual meaning in the context of its use in this Ordinance.

Subd. 1. Board of Appeals and Adjustments: The Logan Township Board of Appeals and Adjustments, which considers requests for variances, hears appeals, and performs certain other duties. The Town Board serves as the Board of Appeals and Adjustments.

Subd. 2. Classification List: Appendix A of the Aitkin County Zoning Ordinance, said Appendix being incorporated herein by reference.

Subd. 3. Commercial Structure: A structure or building constructed or used for commercial purpose.

Subd. 4. Conditional Use: A use identified in this Ordinance that may be lawfully established only after issuance of a conditional use permit from the Town and compliance with the conditions imposed on the permit as well as all applicable performance standards.

Subd. 5. County: Aitkin County, Minnesota.

Subd. 6. County Ordinance: The most current version of the Aitkin County Zoning Ordinance.

Subd. 7. Interim Use: A use identified in this Ordinance that may be lawfully established only after issuance of an interim use permit from the Town and compliance with the conditions imposed on the permit as well as all applicable performance standards. Such uses have a specific date or event on which the permit will end. A use designated a conditional use or with a “C” in the Classification List may be issued an interim use permit as provided in this Ordinance.

Subd. 8. Lot of Record: A separate lot, tract, or parcel of land lawfully established and recorded in the Office of the Aitkin County Recorder prior to the original effective date of this Ordinance.

Subd. 9. Owner: Any person, individual, firm, association, syndicate, co-partnership, joint venture, corporation, trust, or any other legal entity having a proprietary interest in the land subject to this Ordinance.

Subd. 10. Permitted Use: A use identified in this Ordinance that may be lawfully established as a matter of right in a particular zoning district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such district.

Subd. 11. Planning Commission: The Logan Township Planning Commission, which is the planning agency for the Town and whose members are appointed by the Town Board.

Subd. 12. Practical Difficulties: As used in connection with granting a variance, practical difficulties mean the property owner proposes to use the property in a reasonable manner that is not permitted by the Ordinance, the plight of the property owner is due to circumstances unique to the property not created by the property owner, and the variance, if granted, would 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.

Subd. 13. Premises: A lot, together with all buildings and structures thereon.

Subd. 14. Recycling Center: A business established to receive or process recyclable materials collected from outside of the Town. This term does not include local recycling sites used to receive or ship recyclable materials generated from within the Town.

Subd. 15. Right-of-way: All portions of a public roadway, road, street, alley, cartway in which a governmental entity has an interest including those dedicated to the public, but which have not been taken over for maintenance by the Town.

Subd. 16. Setback: A horizontal line from the nearest part of the structure to the appropriate boundary line.

Subd. 17. Structure: Anything which is built, constructed or erected on the ground or attached to the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character, including decks and signs.

Subd. 18. Subdivision: Any land which is divided or proposed to be divided into two or more lots, parcels, tracts, sites, units, or interests for the purpose of offer, sale or lease.

Subd. 19. Town: Logan Township, Aitkin County, Minnesota.

Subd. 20. Town Board: The Board of Supervisors of Logan Township, Aitkin County, Minnesota.

Subd. 21. Underlying Zoning District. The zoning district established by the County in the County Ordinance that applies to the same land over which the Town has established its overlay districts. Such land is subject to the regulations of both this Ordinance and of the County Ordinance.

Subd. 22. Use: The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and which includes the performance of such activity as defined by the performance standards of this Ordinance.

Subd. 23. Variance: An authorization issued by the Board of Appeals and Adjustments to avoid the literal provisions of this Ordinance where strict enforcement would create practical difficulties for the Owner in its use of its property due to circumstances unique to the property not created by the Owner.

ARTICLE V

ZONING DISTRICT AND MAP

For the purposes of carrying out the provisions of this Ordinance, Logan Township shall have a single Commercial Overlay District. The boundaries of the overlay district are as shown on the Town’s land use map. The overlay district is imposed on top of, and in addition to, the underlying zoning districts and applicable regulations established by the County.

Section 5.1. Land Use Map. The Town Board shall adopt a land use map, which is hereby incorporated into this Ordinance by reference. A copy of the land use map, which shows the location of the Town’s overlay district, is on file with the Town Clerk and can be viewed at the Logan Town Hall. The land use map shall be updated as needed to reflect changes to the boundaries of the overlay district and such amended land use map shall automatically be incorporated herein upon its adoption by the Town Board.

Section 5.2. Interpretation of Land Use Map. The overlay district, and its boundaries, are shown on the land use map and are conclusive, subject to interpretation by the Land Use Administrator and the Board of Appeals and Adjustments as provided herein. District boundary lines follow lot lines, property lines, rights-of-way or center lines of streets, the boundaries of the Town, and shorelines as applicable, 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 land use map. An interpretation of the boundaries of the overlay district by the Land Use Administrator may be appealed to the Board of Appeals and Adjustments.

Section 5.3. Allowed and Prohibited Uses. Only those uses specifically allowed by the County Ordinance in the underlying zoning district and by this Ordinance are allowed within the Town’s overlay district. Any use expressly prohibited by this Ordinance, or that is not expressly identified in the County Ordinance as being allowed within the underlying zoning district, is prohibited within the overlay district. The Classification List (Appendix A) contained within the County Ordinance is adopted and incorporated herein by reference. The list designates certain uses as being a conditional use (“C”), a permitted use (“P”), or as not permitted (“NP”) within each district. Anyone desiring to undertake a use that is not allowed within the overlay district may seek an amendment to the text of this Ordinance, but the Town may not allow a use the County prohibits within the underlying zoning district.

Section 5.4. Conditional and Interim Uses. The County reserves for itself the discretion to issue an interim use permit instead of a conditional use permit for any use designated as a conditional use within a district. In order to remain as strict as or stricter than the County, the Town hereby retains for itself the same discretion within the overlay district. The Town may issue an interim use permit for any use designated with a “C” on the Classification List when requested by the applicant, or if the Town Board determines to issue an interim use permit as provided in this Section.

Subd. 1. Criteria. The Town may elect to issue an interim use permit instead of a conditional use permit if the Town Board finds that any of the criteria set out in this Subdivision are present with respect to the particular request. The Planning Commission, in considering a request for a conditional use permit, may forward the application to the Town Board with a recommendation that it issue an interim use permit based on a finding that one or more of the following criteria exist with respect to the requested use. The criteria to be considered in determining whether an interim use permit should be issued for a use designated with a “C” on the Classification List are as follows:

(a) The County is processing the request as an interim use or has issued an interim use permit for the use;

(b) The nature of the use is such that its impacts are likely to change in the future, or cannot be fully anticipated prior to the use being established, so that a future evaluation and review is needed in order to ensure the use’s actual impacts can be adequately addressed through appropriate conditions;

(d) The use is proposed for an area within the Town that is in transition such that the use may not be compatible with future development in the area.

Subd. 2. Procedure. An application for an interim use permit, or a request found to satisfy one or more of the criteria for issuing an interim use permit, shall be processed and is subject to the same criteria applicable to issuing a conditional use permit under this Ordinance. However, the Town Board may only issue an interim use permit if the date or event that will terminate the use can be identified with certainty and such terminating date or event shall be stated in the permit. Furthermore, the Town Board may not issue an interim use permit if it determines allowing the use will impose additional costs on the public if it becomes necessary for the public to take the property in the future. The initiation of any use to which the Town issues an interim use permit shall be deemed acceptance by the owner of the permit and the conditions imposed on it without reservation or exception.

ARTICLE VI

OVERLAY ZONING DISTRICT

Section 6.1. Findings. The Town Board finds that the property along the main transportation corridors within the Town are the most likely to experience commercial development, even though commercial uses are allowed in other areas of the Town. Specifically, County Road 3, a portion of Nature Avenue, and County Highway 10 receive the most traffic and are most likely to be developed commercially. All commercial development within the Town is subject to regulation by the County Ordinance and other applicable regulations, but the Town Board determines that regulation by the Town of those uses designated with a “C” in the Classification List proposed within the overlay district is in the best interests of the Town. The Town Board finds that focusing the Town’s limited resources on those uses to be established or expanded within the identified transportation corridors is the best method for helping to ensure the public and the neighboring owners are adequately protected. Requiring those proposing to establish or expand a use designated with a “C” within the overlay district to obtain a permit from the Town in addition to any permits required by the County provides the Town an opportunity to evaluate the proposed use, impose appropriate conditions, and help to ensure the use is conducted in compliance with those conditions.

Section 6.2. Commercial Overlay District.

Subd. 1. District Established and Boundaries: The Commercial Overlay District C-1 is hereby established and includes the following corridors as shown on the land use map: one-quarter (0.25) mile along each side of County Road 3 from the west boundary to the east boundary of the Town; and one-quarter (0.25) mile along each side of Nature Avenue from the City of Palisade to the south boundary of the Town; and one-quarter (0.25) mile along the north side of County Highway 10 within the Town.

Subd. 2. Permitted Uses:The uses allowed by the County Ordinance as permitted uses (“P”) in the underlying zoning district shall also be designated as permitted uses within the Commercial Overlay District. Permitted uses do not require a permit from the Town.

Subd. 3. Conditional Uses:The uses allowed by the County Ordinance as conditional/interim uses (“C”) in the underlying zoning district shall also be designated as conditional/interim uses within the Commercial Overlay District and shall require a conditional use permit or an interim use permit from the Town as provided in this Ordinance.

Subd. 5. Prohibited Uses: Without limiting the general prohibition of any use not expressly allowed within the underlying zoning district, the following uses are prohibited within the Commercial Overlay District:

(a) Recycling Centers, with the exception that facilities for collection of recyclable materials generated within Logan Township are permitted.

ARTICLE VII

GENERAL REGULATIONS/PERFORMANCE STANDARDS

Section 7.1. Dimensional Standards. Unless specifically indicated otherwise, the following standards shall apply in the Commercial Overlay District.

Subd. 1. Lot Size: The minimum deeded lot size, inclusive of any rights-of-way shall be five acres.

Subd. 2. Lot Width: The required minimum lot width shall be 300 feet.

Subd. 3. Building Height: The maximum building height shall be 35 feet.

Subd. 4. Setbacks: The setback distances set out in Section 8.33 and Appendix B of the County Ordinance are hereby adopted and incorporated herein by reference.

Subd. 5. Lot Coverage. The lot coverage limitation set out Appendix B of the County Ordinance are hereby adopted and incorporated herein by reference.

Section 7.2. Development in Commercial Overlay District. All development in the Commercial Overlay District shall comply with this Section.

Subd. 1. Commercial Development: Commercial structures built within the Commercial Overlay District shall be constructed or erected upon a permanent foundation.

Subd. 2. Site Plan: An application to build a new commercial structure, or expand an existing commercial structure, in the Commercial Overlay District shall include a Certificate of Survey prepared by a licensed surveyor showing the location of all existing structures on the property as well as the new or expanded structure.

Section 7.3. Special Provisions – Loading & Parking. Section 4 of the County Ordinance regarding signs is hereby adopted and incorporated herein by reference.

Section 7.4. Signs. Section 5 of the County Ordinance regarding signs is hereby adopted and incorporated herein by reference.

Section 7.5. Extractive Use Standards. Section 6 of the County Ordinance regarding extractive uses is hereby adopted and incorporated herein by reference.

Section 7.6. Special Provisions – Mobile Homes. Section 7 of the County Ordinance regarding mobile home parks is hereby adopted and incorporated herein by reference.

Section 7.7. Travel Trailer Parks and Campgrounds. Section 16 of the County Ordinance regarding travel trailer parks and campgrounds is hereby adopted and incorporated herein by reference.

Section 7.8. Vacation/Private Home Rental. Section 17 of the County Ordinance regarding vacation rentals and private home rentals is hereby adopted and incorporated herein by reference.

Section 7.9. General Performance Standards.

Subd. 1. Compliance. All uses requiring a permit from the Town under this Ordinance shall comply with the standards established in this Section and all other standards established by, or incorporated into, this Ordinance.

Subd. 2. Fences: No fence, wall, structure, planting, or obstruction shall be permitted over three feet in height within 20 feet of a right-of-way intersection so as to ensure visibility for vehicles using said intersection.

ARTICLE VIII

NONCONFORMING USES, STRUCTURES, AND LOTS

Section 8.1. Nonconforming Uses and Structures. Nonconforming uses and structures located within the Commercial Overlay District are subject to this Section.

Subd. 1. Allowed to Continue. Any use or structure lawfully existing prior to the effective date of this Ordinance, or subsequent amendment which made the use or structure nonconforming, may be continued, including through repair, replacement, restoration, maintenance, or improvement, at the size and in the manner of operation existing upon such date, subject to the following conditions:

(a) A nonconforming use or structure shall in no way be expanded, enlarged or extended either on the same property or onto an adjoining lot of record except as expressly allowed in this section. 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 nonconforming use. The Town Board may allow an expansion or extension of a nonconforming structure without a variance if the expansion or extension does not increase the nonconforming aspect of the structure. To the extent the expansion or enlargement of a nonconforming principal or accessory structure is allowed by this section, no such expansion or enlargement may occur except upon issuance of the appropriate permits and provided that the use of the property conforms to the zoning district regulations, that the expansion or enlargement meets current zoning district regulations, and no other nonconformities are created; and

(b) 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 prevents the placing of a structure into a safe condition after it has been declared unsafe by the Town.

Subd. 2. Alterations. Alterations may be made to a building containing nonconforming dwelling 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 Town.

Subd. 3. Damaged. Whenever a nonconforming structure or use is damaged to the extent of 50 percent or less of its estimated market value as indicated in the assessor’s records at the time of damage, it may be reconstructed upon receipt of all required permits. The nonconforming structure or use shall not be permitted to be reconstructed if the damage is greater than 50 percent of the estimated market value as indicated in the assessor’s records at the time of damage and the permit required to rebuild the structure has not been applied for within the County within 180 days of when the property was damaged.

Subd. 4. Replaced Use or Structure. When any lawful nonconforming use of any structure or land is replaced by another use or structure, the new use or structure must conform to the provisions of this Ordinance and it shall not thereafter be changed to any nonconforming use or structure.

Subd. 5. Discontinued. 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.

Subd. 6. Public Nuisances. Nonconforming uses or structures which are declared by the Town to be public nuisances shall not be allowed to continue as legal nonconforming uses or structures.

Section 8.2. Nonconforming Lots. Nonconforming lots within the Commercial Overlay District are subject to this Section.

Subd. 1. Lots of Record. All lots of record, existing as of the date of this Ordinance that do not meet the minimum lot area and lot width requirements, may be allowed as building sites without a variance from lot size or width requirements provided that it satisfies all of the following:

(a) The use is permitted in the underlying district and the Commercial Overlay District;

(b) The lot was created compliant with official controls in effect at the time;

(d) The applicable ISTS/SSTS regulations are met.

ARTICLE IX

ADMINISTRATION

Section 9.1. Logan Township Planning Commission.

Subd. 1. Reaffirmed. The Town Board previously established the Logan Township Planning Commission, which is hereby reaffirmed as the Town’s planning agency. The Planning Commission serves in an advisory capacity to the Town Board.

Subd. 2. Composition. The Commission consists of up to five voting members, which may include one or more Town officers. A majority of members constitutes a quorum to conduct the Commission’s business. Each Commission member, including the Chair and Vice-Chair, shall have one vote on all matters acted upon by the Commission. A member must be present at a meeting to vote.

Subd. 3. Appointment, Vacancies and Removal.The Town Board appoints the Planning Commission members. Vacancies occurring on the Planning Commission are filled by Town Board appointment for the remainder of the term of the position.

Subd. 4. Term.Planning Commission members are appointed for a term of 3 years and until a successor is appointed and qualifies. Terms expire on April 1^st. Commission members serve at the pleasure of the Town Board and may be removed by the Town Board at any time. The Town Board shall stagger the terms of Planning Commission members as it determines is appropriate to minimize the number of Planning Commission positions expiring in the same year.

Subd. 5. Officers and Duties.The Planning Commission shall appoint from among its members a Chair, Vice-Chair, and a Secretary. The Chair shall be the presiding officer for Commission meetings and shall sign documents on behalf of the Commission as needed. The Vice-Chair shall conduct the duties of the Chair in the Chair’s absence. The Secretary shall provide notices, keep records of the Commission’s proceedings, and countersign the Chair’s signature on Commission documents.

Subd. 6. Compensation. The Town Board shall determine if members will be compensated for their service on the Planning Commission, determine the amount of compensation if provided, and the policy for reimbursing expenses incurred in carrying out the Planning Commission’s duties.

Subd. 7. Rules and Procedures.The Planning Commission may adopt rules and procedures related to how it conducts its meetings and hearings, provided such rules and procedures are consistent with the provisions of this Ordinance and applicable laws.

Subd. 8. Meetings.The Planning Commission shall hold regular meetings as needed. The Chair or Vice-Chair, along with the consent of at least one other Planning Commission member, may call special meetings as needed to conduct the Planning Commission’s business.

Subd. 9. Planning Commission Powers and Duties. The Planning Commission shall have the powers and duties provided it by Minnesota Statutes, chapter 462, those indicated in this Ordinance, and such other powers and duties as the Town Board may delegate to it. Unless directed otherwise by the Town Board, the Planning Commission shall be responsible for conduct such hearings as may be required by law or by ordinance to implement and administer the Town’s official controls. The Planning Commission does not have the authority to hire professionals or to otherwise bind the Town to a contract.

Section 9.2. Logan Township Board of Appeals and Adjustments.

Subd. 1. Established. The Town Board shall serve as the Logan Township Board of Appeals and Adjustments, which is hereby established. The Town Board may conduct the business of the Board of Appeals and Adjustments during its regular meetings or may a separate meeting or hearing for such purposes.

Subd. 2. Rules and Procedures.The Board of Appeals and Adjustments may adopt rules and procedures related to how it conducts its meetings and hearings, provided such rules and procedures are consistent with the provisions of this Ordinance and applicable laws.

Subd. 3. Meetings and Hearings.The Board of Appeals and Adjustments will hold meetings and hearings as needed to conduct its duties. Meetings of the Board of Appeals and Adjustments may be held as part of the regular or special meetings of the Town Board.

Subd. 4. Board of Appeals and Adjustments Powers and Duties.The Board of Appeals and Adjustments shall have the following powers and duties:

(a) To grant variances from the strict enforcement of the standards and provisions prescribed by this Ordinance. Variances shall only be granted based upon the criteria prescribed in this Ordinance;

(b) To hear and decide appeals. Appeals shall only be heard and considered in conformance with the procedures prescribed in this Ordinance; and

Section 9.3. Land Use Administrator.

Subd. 1. Established. The Town Board shall serve as the Land Use Administrator, and may delegate duties of the position to one or more Town officers, unless it acts to appoint a person to serve as the Land Use Administrator. The Land Use Administrator shall serve at the pleasure of the Town Board. The Town Board, or its designee, shall serve as the Land Use Administrator in the absence or disability of the appointed Land Use Administrator until the person returns or a new person is appointed to the position.

Subd. 2. Duties. The Land Use Administrator shall have the following duties, which shall be conducted in a manner which is consistent with this Ordinance, applicable laws, and the directions and instructions of the Town Board:

(a) Enforce and administer the provisions of this Ordinance;

(b) Determine whether a permit application is complete and complies with the terms of this Ordinance;

(c) Receive, and forward to the Planning Commission, Board of Appeals and Adjustments, or Town Board applications and other zoning materials as is appropriate;

(d) Provide permits to applicants once they have been approved as provided in this Ordinance;

(e) Provide notices of denial to applicants;

(f) Maintain permanent and current records of permits and approvals issued pursuant to this Ordinance, including, but not limited to, land use map changes, amendments to this Ordinance, issuance of conditional use permits, interim use permits, variance approvals, and appeals;

(g) Conduct inspections to determine compliance with the provisions of this Ordinance and institute in the name of the Town, any appropriate actions or proceedings against a violator as provided by this Ordinance or law;

(h) Serve as an ex-officio member of the Planning Commission;

(i) Collect all fees required by this Ordinance and pay the same to the Town;

(j) Track the application of the 60 day rule to land use requests, provide notices to applicants as may be needed, and to keep the Town informed of the applicable deadlines for actions with respect to individual land use requests;

(k) File for record with the Aitkin County Recorder or Registrar of Titles all documents required to be filed by law;

(l) To enforce this Ordinance, including through the issuance of violation notices, cease and desist orders, or corrective orders as determined appropriate, and to work with the Town Attorney as needed to administer and enforce this Ordinance; and

(m) To perform such other duties and responsibilities as provided in this Ordinance or as assigned by the Town Board.

Subd. 3. Delegation of Authority. The Town Board hereby delegates to the Land Use Administrator the authority to carry out the duties assigned to that person as provided in this Ordinance or as delegated by the Town Board including, but not limited to, the authority to determine if an application is complete and to notify an applicant of what information is needed in order to make an application complete.

Section 9.4. Fees.

Subd. 1. Application Fee. Applicants shall be required to pay an application fee when submitting an application under this Ordinance. Application fees shall be in the amount determined by the Town Board and are intended to defray the administrative costs of processing requests. Application fees submitted as part of a complete application are not refundable, regardless of whether the application is approved, denied, or withdrawn.

Subd. 2. Escrow. In order to defray the additional costs the Town may incur to process a request made under this Ordinance, applicants may also be required to reimburse the Town for all consulting costs it incurs related to the particular request. Consulting costs include, without limitation, all attorney, planner, and engineering fees incurred related to the request. An applicant may be required to escrow cash with the Town in the amount determined by the Town Board or Land Use Administrator from which the Town will reimburse itself for the consulting costs it incurs. The applicant remains responsible for all such costs and shall promptly escrow additional funds if the Town Board or Land Use Administrator determines the existing escrowed amount will not be sufficient to fully reimburse the Town for its costs. Failure to promptly provide additional funds or to otherwise fully reimburse the Town for its consulting cost shall be a sufficient basis on which to delay the processing of a request or to deny a request.

Subd. 3. Reimbursement in Full Required. Upon the termination of the application, by an approval, denial, withdrawal, or any other means, all costs incurred by the Town shall be immediately payable by the applicant. If no escrow was required, or if the Town’s costs exceed the escrowed amount, the Town will provide the applicant a written statement of the amount to be reimbursed. The stated amount shall be paid in full to the Town within 30 days from the date of the written statement. If the escrowed amount exceeds the Town’s costs, the excess shall be refunded to the applicant. No permits shall be issued, no construction or development shall commence, and no use of the property pursuant to the zoning request shall be made until all fees and costs are paid in full. In the event that payment of costs is not made within a reasonable time after demand, the Town Board or Zoning Administrator may take such steps as are available to the Town under law to collect the unreimbursed amounts, including collection costs. The steps the Town may take to recover its costs include, but are not limited to, placing the amount on any property the person owns in Minnesota as a service charge pursuant to Minnesota Statutes, section 366.012, filing a lien upon the subject property or other property of the applicant pursuant to Minnesota Statutes, section 514.67, or taking such other action as may be deemed appropriate to obtain full reimbursement for the Town for all costs it incurs related to the application.

Subd. 4. Fees Established. The Town Board shall establish the amount of application fees, escrows (if required), and such other fees and charges as provided by this Ordinance in a separate resolution or ordinance that shall be kept on file with the Town Clerk and the Land Use Administrator.

Section 9.5. Conditional Use Permits: As of the effective date of this Ordinance, no use within the Commercial Overlay District requiring a conditional use permit, or otherwise designated with a “C” in the Classification List, shall be initiated or expanded except upon issuance of a conditional use permit, or an interim use permit as provided herein, from the Town Board pursuant to this Section.

Subd. 1. Application. Applications for a conditional use permit shall be made by the property owner, or its authorized agent, on the Town’s application form, be accompanied by the required application fee and escrow (if required), and must, at a minimum, contain all of the following information:

(a) The name and mailing address of all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the application relates;

(b) The name of the applicant and of all owners of the property to which the application relates; and

(c) A description of the proposed use including, to the extent applicable, hours of operation, parking, anticipated traffic and routes, lighting plans, identification and explanation of any potential sources of significant noise, dust, vibration, or other impacts reasonably anticipated to be generated by the proposed use which could affect surrounding properties.

Subd. 2. Procedure. Requests for a conditional use permit shall comply, and shall be processed in accordance, with the following:

(a) Land Use Administrator. An application for a conditional use permit must be submitted to the Land Use Administrator. The Land Use Administrator shall review the application to determine if it contains all the required information and is otherwise complete, including payment of the required fees. If an application is not complete, the Land Use Administrator shall provide the applicant written notice of what information is needed in order to make the application complete within 15 business days of the Town’s receipt of the application. The Land Use Administrator shall forward complete applications to the Planning Commission to conduct a hearing.

(b) Notice. At least ten days before the date of the hearing, notice shall be published in the Town’s official newspaper and mailed by first-class mail to all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the application relates using the names and addresses supplied by the applicant. The notice shall state the time, place, and purpose of the hearing. Failure of any property owner to receive notice of the hearing shall not in any way affect the validity of the hearing or its results.

(c) Site Investigation. The Town may conduct one or more site investigations of the property as part of processing a permit application. If a quorum or more of the Planning Commission or of the Town Board conducts a site investigation, notice shall be posted at the Town’s posting places at least three days before the date of the inspection unless the inspection is being conducted as part of the hearing. The Town may also conduct one or more site investigations after a permit has been issued to review an alleged or potential violation of the conditions of the permit or of this Ordinance. Submission of an application, and acceptance of a permit, constitutes consent on the part of the owners of the property to the conditions imposed on the permit and to allow the Town to conduct inspections of the property at reasonable times to determine eligibility to receive a permit and then related to the administration and enforcement of the permit.

(d) Planning Commission. The Planning Commission shall conduct a public hearing on the proposed conditional use permit and develop a recommendation to the Town Board regarding the proposed permit. The owner, or its authorized agent, is expected to attend the hearing to explain the application and to answer the Planning Commission’s questions. In reviewing the request and developing its recommendation, the Planning Commission shall consider the standards and criteria set out in this Section in addition to any other standards or criteria applicable to the specific proposed use that may be set out in this Ordinance. It is the owner’s burden to prove that the standards and criteria can be met in a manner that does not adversely affect the health, safety or general welfare of the residents in the Town. If the Planning Commission recommends approval of the permit, its recommendation shall include the conditions it recommends be placed on the permit. The recommended conditions may include any of those identified in this Section as well as any others the Planning Commission determines are appropriate and reasonable to address anticipated impacts of the proposed use in order to protect the public health, safety, and welfare. The Planning Commission shall forward its recommendation, together with its supporting findings, to the Town Board.

(e) Town Board. The Town Board shall consider the Planning Commission’s recommendation and make a final decision regarding whether to approve or deny the proposed conditional use permit. The Town Board may impose such conditions on the permits it issues as it determines are reasonable to address anticipated impacts of the proposed use in order to protect the public health, safety, and welfare.

Subd. 3. Standards and Criteria. In addition to any specific criteria or standards this Ordinance may contain with respect to a particular use, the following standards and criteria will be used to evaluate if a conditional use permit should be issued based on whether the proposed use, under the circumstances, would:

(a) Be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the Town;

(b) Be harmonious with the general and applicable specific objectives of the Town’s Comprehensive Plan;

(c) Be designed, constructed, operated and maintained to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area;

(d) Be hazardous or disturbing to existing or future neighboring uses;

(e) Involve uses, activities, processes, materials equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, scenic blight, glare or odors;

(f) Involve lighting, including lighted signs, that would impair the enjoyment of property and/or property owners in the vicinity or the safety of the traveling public;

(g) Be in conformance with the provisions of this Ordinance, and would not unreasonably interfere with the health, safety, and welfare of the surrounding owners and the public, if conducted in compliance with the conditions imposed on the permit; and

(h) Adequately provide for parking, current and anticipated traffic congestion, and traffic safety so the use does not become or create a nuisance.

Subd. 4. Conditions. The Town Board may attach such conditions to a conditional use permit it issues as it deems necessary to achieve the purpose of this Ordinance and to protect the public health, safety, and welfare. These conditions may include, but are not be limited to, the following:

(a) Increased setbacks;

(b) Landscaping, berming, fencing, screening or other facilities to protect nearby property;

(d) Intensity and duration of lighting;

(e) Deed restrictions;

(f) Location of parking and signs;

(g) Toxic material storage and handling;

(h) Fire control and access plan;

(i) Compliance with prior conditional use permits and periodic reviews; and

(j) Any other reasonable requirements necessary to fulfill the purposes and intent of this Ordinance including, but not limited to, the protection of public health, safety, and welfare as determined by the Town Board.

Subd. 5. Recording. The Town Board will record, at the owners’ expense, the conditional use permits it issues.

Subd. 6. Amended Permit. Any change involving structural alterations, enlargement, intensification of the use or similar change not specifically permitted by a conditional use permit shall require that the conditional use permit be amended. An application to amend an existing conditional use permit shall be administered in the same manner that is required for a new conditional use permit. All application and review procedures shall apply.

Subd. 7. Expiration and Revocation. A conditional use permit shall expire and become void if the use it allows is not substantially started within 12 months from its date of issuance. A substantial start means more than preliminary steps have been taken such that preparations to initiate the use are mostly complete. The Town Board may revoke a conditional use permit if it determines, after notice to the owner and conducting a public hearing, that any of conditions imposed on the permit have been violated.

Section 9.6. Interim Use Permits. When an applicant requests the issuance of an interim use permit, or when the Town Board determines to issue an interim use permit for a use designated a “C” in the Classification List as provided in Section 5.4, the application shall be processed and issued in the same manner as a conditional use permit and such permits shall be subject to the same requirements as to amendment, expiration, and revocation. The Town Board shall determine whether to record an interim use permit. The date or event on which the permit terminates shall be expressly stated in the permit.

Section 9.7. Variances. The Town’s Board of Appeals and Adjustments shall only consider requests for variances for properties within the Commercial Overlay District. No variances shall be granted by the Town except in conformance with this Section.

Subd. 1. Authority. The Board of Appeals and Adjustments may grant a variance from the provisions of this Ordinance in order to promote the effective and reasonable application and enforcement of this Ordinance. A variance is a modification or variation of the provisions of this Ordinance as applied to a specific property. The Board of Appeals and Adjustments may not grant a variance for any use that is not allowed by this Ordinance for property in the zoning district in which the property is located. The Board of Appeals and Adjustments may grant a variance for the temporary use of a one family dwelling as a two family dwelling and may grant a variance for an earth sheltered construction as defined in Minnesota Statutes, section 216C.06, subdivision 14 when such construction would be in harmony with this Ordinance.

Subd. 2. Application. Application for a variance shall be made by the property owner, or its authorized agent, on the Town’s application form, be accompanied by the required application fee and escrow (if required), and must, at a minimum, contain all of the following information:

(a) The name and mailing address of all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the application relates;

(b) The name of the applicant and of all owners of the property to which the application relates;

(d) An explanation of the specific conditions and circumstances that give rise to the practical difficulties in strictly complying with the provisions of this Ordinance and the specific provisions of this Ordinance from which a variance is being sought.

Subd. 3. Procedure. Requests for a variance shall comply, and shall be processed in accordance, with the following:

(a) Land Use Administrator. An application for a variance must be submitted to the Land Use Administrator. The Land Use Administrator shall review the application to determine if it contains all the required information and is otherwise complete, including payment of the required fees. If an application is not complete, the Land Use Administrator shall provide the applicant written notice of what information is needed in order to make the application complete within 15 business days of the Town’s receipt of the application. The Land Use Administrator shall forward complete applications to the Planning Commission to conduct a hearing.

(c) Site Investigation. The Town may conduct one or more site investigations of the property as part of processing a variance application. If a quorum or more of the Planning Commission or the Board of Appeals and Adjustments conducts a site investigation, notice shall be posted at the Town’s posting places at least three days before the date of the inspection unless the inspection is being conducted as part of the hearing. The Town may also conduct one or more site investigations after a variance has been issued to review an alleged or potential violation of the conditions of the variance or of this Ordinance. Submission of an application, and acceptance of a variance, constitutes consent on the part of the owners of the property to the conditions imposed on the variance and to allow the Town to conduct inspections of the property at reasonable times to determine eligibility to receive a variance and then related to the administration and enforcement of the variance.

(d) Planning Commission. The Planning Commission shall conduct a public hearing on the proposed variance and develop a recommendation to the Board of Appeals and Adjustments regarding the proposed variance. The owner, or its authorized agent, is expected to attend the hearing to explain the application and to answer the Planning Commission’s questions. In reviewing the request and developing its recommendation, the Planning Commission shall consider the criteria set out in this Section and such other factors as it determines are appropriate to evaluate the proposed use. It is the owner’s burden to demonstrate it is eligible to receive the requested variance. If the Planning Commission recommends approval of the variance, its recommendation shall include the conditions it recommends be placed on the variance. The recommendation shall include any conditions the Planning Commission determines are appropriate and reasonable to address anticipated impacts of the proposed use in order to protect the public health, safety, and welfare. The Planning Commission shall forward its recommendation, together with its supporting findings, to the Board of Appeals and Adjustments.

(e) Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall make the final decision regarding whether to approve or deny the requested variance. The Board of Appeals and Adjustments shall not issue a variance unless it determines that the particular request satisfies the criteria set out in this Section. The Board of Appeals and Adjustments may impose such conditions on the variances it issues as it determines are reasonable. All such conditions must be directly related to and bear at least a rough proportionality to the impact the Board of Appeals and Adjustments determines will be created by the variance.

Subd. 4. Criteria. The owner has the burden of demonstrating that sufficient practical difficulties exist, based on the following criteria, with respect to its property to justify the issuance of a variance. The Board of Appeals and Adjustments shall consider the following criteria in determining whether to issue a variance:

(a) The variance is in harmony with the general purposes and intent of this Ordinance;

(b) The variance is consistent with the comprehensive plan;

(d) The plight of the owner is due to circumstances unique to the property that were not created by the owner;

(e) If granted, the variance will not alter the essential character of the locality; and

(f) Economic considerations are not the sole basis for the requested variance.

Subd. 5. Recording. The Town will record, at the owners’ expense, the variances it issues. The variance shall only apply to the structure or specific matter for which it was issued and shall not apply to any future uses, structures, or expansions.

Subd. 6. Expiration and Revocation. A variance shall expire and become void if the use or structure to which it relates is not substantially started within 12 months from its date of issuance. A substantial start means more than preliminary steps have been taken such that preparations to initiate the use are mostly complete. The Board of Appeals and Adjustments may revoke a variance if it determines, after notice to the owner and conducting a public hearing, that any of conditions imposed on the variance have been violated.

Section 9.8. Appeals. As of the effective date of this Ordinance, no appeal shall be heard except in accordance with the following:

Subd. 1. Appealable Decisions. Only alleged errors in an order, requirement, decision, or determination made by the Land Use Administrator in the enforcement of this Ordinance are appealable to the Board of Appeals and Adjustments. The decisions of the Town Board and the Board of Appeals and Adjustments are final and are not appealable to the Board of Appeals and Adjustments. Recommendations of the Planning Commission are not administrative decisions subject to appeal to the Board of Appeals and Adjustments.

Subd. 2. Notice of Appeal. In order to bring an appeal, a person shall file a written notice of appeal with the Town Clerk within 15 days of the date of the order or decision being appealed together with the required fee. The notice of appeal must, at a minimum, contain all of the following information:

(a) The name, mailing address, and phone number of the person making the appeal;

(b) The name and mailing address of all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the appeal relates;

(c) Describe the specific order or decision being appealed, the date of the order or decision, and identify the person who issued the order or made the decision;

(d) A detailed explanation of the grounds for the appeal; and

(e) Identify the specific relief being sought by the appeal.

Subd. 3. Procedure. Notices of appeals shall comply, and shall be processed in accordance, with the following:

(a) Town Clerk. The Town Clerk shall review the notice of appeal to determine if it contains all the required information and is otherwise complete. If a notice of appeal is not complete, the order or decision to which it relates is not appealable, or if it was not filed in a timely manner, the Town Clerk shall reject the notice of appeal. The Town Clerk shall provide a written notice of the rejection to the person that filed the appeal. The Town Clerk may consult the Board of Appeals and Adjustments and the Town Attorney as needed to make a determination as to whether a notice of appeal is complete, proper, and filed in a timely manner. The Town Clerk shall forward complete, proper, and timely notices of appeals to the Board of Appeals and Adjustments to conduct a hearing. The Town Clerk shall also provide a copy of the notice of appeal to the Planning Commission.

(b) Notice. At least ten days before the date of the hearing, notice shall be published in the Town’s official newspaper and mailed by first-class mail to the person bringing the appeal and to all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the appeal relates. The notice shall state the time, place, and purpose of the hearing. Failure of any property owner to receive notice of the hearing shall not in any way affect the validity of the hearing or its results. In scheduling the hearing, the Board of Appeals and Adjustments shall allow a reasonable time, not to exceed 60 days, for the Planning Commission to review and report on the notice of appeal.

(c) Planning Commission. The Planning Commission may review and provide a report to the Board of Appeals and Adjustments on a notice of appeal. The Planning Commission is not authorized to conduct a hearing on the notice of appeal. If the Planning Commission develops a report it shall provide it to the Board of Appeals and Adjustments prior to the scheduled hearing.

(d) Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall conduct a public hearing on the notice of appeal. The appellant, or its authorized agent, is expected to attend the hearing to explain the appeal and to answer the Board of Appeals and Adjustments’ questions. The Board of Appeals and Adjustments shall make the final decision regarding the matter being appealed. The Board of Appeals and Adjustments may reverse or affirm, wholly or partly, or modify the order or decision being appealed, and issue such orders, requirements, decisions, permits, or determinations, or provide such other relief as it deems appropriate. The Board of Appeals and Adjustments shall issue its decision in a written order which contains its findings. It shall provide a copy of its order to the appellant within 10 days of its issuance.

Subd. 4. Judicial Review. Appeals from the final decisions of the Town Board or of the Board of Appeals and Adjustments may be brought as provided in Minnesota Statutes, section 462.361, provided such appeal is filed with the Court within 30 days from the date of the Town’s final decision.

Section 9.9. Amendments. An amendment to the text of this Ordinance or of the land use map, including requests to rezone property, may only occur as provided in this Section.

Subd. 1. Who May Initiate. An amendment to this Ordinance or the land use map may be initiated by the Town Board, the Planning Commission, or by application of an affected property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Town Board until it has received the Planning Commission’s recommendations, or until at least 60 days after the proposed amendment was submitted to the Planning Commission.

Subd. 2. Application. An owner seeking an amendment, including a request to rezone property, shall complete the Town’s application form, together with the required application fee and escrow (if required), and the application must, at a minimum, contain all of the following information:

(a) If the application involves a request to change district boundaries affecting an area of five acres or less, the name and mailing address of all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the application relates;

(b) The name of the applicant and of all owners of the property to which the application relates; and

Subd. 3. Procedure. Applications for an amendment, including rezoning, shall comply, and shall be processed in accordance, with the following:

(a) Land Use Administrator. An application for an amendment must be submitted to the Land Use Administrator. The Land Use Administrator shall review the application to determine if it contains all the required information and is otherwise complete, including payment of the required fee. If an application is not complete, the Land Use Administrator shall provide the applicant written notice of what information is needed in order to make the application complete within 15 business days of the Town’s receipt of the application. The Land Use Administrator shall forward complete applications to the Planning Commission to conduct a hearing.

(b) Town Initiated Amendments. An amendment proposed by the Planning Commission shall be forwarded in writing to the Town Board for review. If the Town Board authorizes the Planning Commission to proceed with the amendment, the Planning Commission shall hold a hearing on the proposed amendment in accordance with the Town Board’s authorization and this Section. If the Town Board initiated the amendment, the Planning Commission shall hold a hearing on the proposed amendment in accordance with this Section.

(c) Notice. At least ten days before the date of the hearing, notice shall be published in the Town’s official newspaper. If the application involves a request to change district boundaries affecting an area of five acres or less, the notice shall also be mailed by first-class mail to all property owners of record, according to the county auditor’s property tax records, within one-quarter mile of the property to which the application relates at least ten days before the hearing. The notice shall state the time, place, and purpose of the hearing. Failure of any property owner to receive notice of the hearing shall not in any way affect the validity of the hearing or its results.

(d) Planning Commission. The Planning Commission shall conduct a public hearing on the proposed amendment and develop a recommendation to the Town Board regarding the proposed amendment. The owner, or its authorized agent, is expected to attend the hearing to explain the application and to answer the Planning Commission’s questions. The Planning Commission shall forward its recommendations regarding a proposed amendment to the Town Board for final action.

(e) Town Board. The Town Board shall take final action on the proposed amendment at a Town Board meeting. The Town Board may modify the proposed amendment as it determines is appropriate before adopting it. If the amendment was initiated by application of an owner, the Town shall inform the property owner of the Town Board’s decision.

Subd. 4. Limit on Similar Applications. No application of an owner for an amendment to the text of the Ordinance or the Zoning Map shall be considered by the Town within a one-year period following a denial of such request, except that a new application may be allowed if, in the opinion of the Land Use Administrator, there is new evidence or a sufficient change of circumstances to warrant additional consideration of the proposal by the Town.

ARTICLE X

ENFORCEMENT

Section 10.1. General Offense. Any person, firm or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes, section 609.03. A violation of this Ordinance shall include, but is not limited to, any of the following: failing, neglecting, or refusing to comply with the provisions of this Ordinance; violating any condition placed on a permit or variance issued by the Town; or knowingly making any false statements in any document required to be submitted under the provisions of this Ordinance. Each day that a violation continues shall constitute a separate offense. In the event of a violation or a threatened violation of this Ordinance, the Town Board, in addition to other remedies, may institute appropriate criminal and/or civil actions or proceedings to prevent, prosecute, restore, restrain, correct or abate such violations or threatened violations.

Section 10.2.Enforcement. The Town Board, Land Use Administrator, and Town Attorney have the authority to enforce this Ordinance by issuing notices of violation, cease and desist orders, citations, and taking or instituting such other lawful actions as may be needed to enforce this Ordinance and to bring a property into compliance. A violation of this Ordinance can occur regardless of whether a permit is required for a regulated activity. If a cease and desist order is issued to stop an activity, the activity may not be resumed until the reason for the work stoppage has been completely satisfied and the cease and desist order lifted.

Section 10.3.Prosecution. The Town Board or its legally authorized agent may enforce the Ordinance whether through criminal prosecution, civil remedy, or both. Utilization of a civil remedy shall not prevent a criminal prosecution for the same violation. A criminal prosecution for a violation shall not be a bar to a civil remedy. The Town may seek injunctive relief for on any violation, including to require the restoration of a premises to its condition existing prior to the violation or to a condition that complies with this Ordinance.

Section 10.4.Costs of Enforcement. The cost of prosecution may be added to any fines or other penalties imposed as provided in Minnesota Statutes, section 366.01, subdivision 10. The Town may also collect such other reasonable costs it incurs to enforce this Ordinance by certifying the amount to the County Auditor as a service charge pursuant to Minnesota Statutes, section 366.012 for collection together with the property taxes levied against any real property the person or entity subject to the enforcement action owns in the Town. The Town will provide the property owner written notice of its intent to certify the amount on or before September 15. The amounts so certified to the County shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes.

Section 10.5. After the Fact Applications. Any application for a permit or variance required under this Ordinance that is submitted to the Town after the use was initiated or the work has commenced shall be required to pay an after-the-fact application fee, which is a multiple of the permit or variance fee as indicated in the Town’s current fee schedule.

This Ordinance shall become effective upon its adoption and the first day of publication.

Adopted on the _____ day of ____________ 2014.

BY THE TOWN BOARD

Town Chairperson

ATTEST:

Town Clerk

Posted in Action alterts, Logan Updates | Tagged Aitkin County, Draft Land Use Ordinance, Logan Township, Planning and Zoning | Leave a comment

The Big Turn-Off

Posted on April 13, 2011 by Logan Township

Reprinted from the UTNE Reader

by Geraldine Brooks, from DoubleTake

Jake came to dinner a few weeks ago. We talked about the nine muses, and why tragedy is important in human storytelling. Jake has been reading a lot of Greek mythology lately. A few nights later, Jake’s dad, Mike, and I walked up the hill to the old schoolhouse for a Citizens’ Association meeting about bringing cable TV to Waterford, a town of 250 people in the foothills of Virginia’s Blue Ridge Mountains. The hills do terrible things to TV reception.

The president of the cable company had come to tell us that it probably wasn’t a moneymaker for him to string the cable all the way out to our eighty-some houses, but he felt it was only right to give us the chance to partake of the rich offerings of his service. He passed around the latest full-color guide describing what we were missing that month. The cover featured Melanie Griffith. If we had cable, we would have been able to watch her in the movie Milk Money.

Mike’s house on Main Street doesn’t have a TV. But like most houses here, it has broad views of farmland rolling away to the wooded hillside, and big old maples in the garden. From the high meadow behind town you can look at Catoctin Creek as it wends through the valley, and see why a young Pennsylvania Quaker, Amos Janney, figured back in 1733 that this would be a fine place to build a mill.

The mill is still there, and like most buildings in town, it has American history written into the horsehair mortar holding up its walls. Just opposite, there’s a stone house whose Quaker inhabitant found slavery a worse evil than war, even though fighting for the Union caused him to be read out of Meeting for violating pacifist principles. The Baptist church on High Street still has bullet holes in the bricks from the skirmish that took place there between the Confederates and Waterford’s Loudoun Rangers, the only regiment raised in Virginia that fought on the Union side.

There aren’t many Quakers here now, but they left behind a tradition of stubborn singularity. The townspeople—farmers and carpenters who’ve always lived here, artists and software designers who’ve arrived more recently—like the fact that this place is different: always has been, always will be.

At the Citizens’ Association meeting, the cable guy brags about how his service offers “more than 70 channels of the finest programming available.” Mike, beside me, fidgets on his chair. Suddenly he’s speaking, softly and diffidently, as he always does. “People here have time to talk to each other,” he says. “I’m proud of our bad TV reception because it gets us out of our houses, and I’d kind of hate that to change because there’s nine different football games to watch. Personally, I’d rather go fishing than watch the fishing channel.”

The cable man doesn’t realize that this is one of those Martin Luther moments, and that Mike has just nailed the theses to the door. His tone, when he replies, is unctuously patronizing. “Well, that’s your opinion and you’re certainly entitled to it. But do you have a child?” Mike nods. “Then you should think about his future. He’s going to be at a disadvantage when he gets to college and has to compete with young people who’ve been exposed to all the marvelous information that cable can bring them.”

People who know Mike’s boy Jake burst into loud guffaws. “That’s bullshit!” shouts our neighbor Phil. And suddenly the tone of the meeting has changed, changed utterly. If Waterford could stand up to the Confederate States of America, it certainly can stand up to Cablevision of Loudoun County.

Someone who has just moved out here from a suburb that has Cablevision is on her feet, saying what a bunch of crap the programs are, and how she had canceled her subscription after a couple of months.

“Haven’t you ever heard of books?” someone else shouts. “There’s more ‘marvelous information’ in the local library than’s on 700 cable channels!” Last year, the county decided that Waterford was too small to warrant visits from the bookmobile. We had a meeting about that, too. Our neighbors Casey and Jeff donated the front room of their house—a bay-windowed storefront that used to be the village milliner—so we’d have a place to put a cooperative library.

That meeting wasn’t nearly as loud as this one. The decibels don’t come down until someone gets us off on a discussion of the life of Thomas Jefferson, and whether one could say it was impoverished for lack of television.

People barely notice when the cable man melts away. The next speaker is our neighbor Mary, who wants to tell us about laying rumble strips to slow the traffic through town. “Well,” she says, raising an eyebrow, “I’m not sure I want to get up in front of this crowd.”

The next morning, when we meet up at the post office to pick up our mail, a few of us allow that we feel a bit sheepish about more or less running the cable man out of town. But then we look up at the ugly tangle of power lines—one of the few 20th-century intrusions in town—and consider how one more big thick cable running along up there would make it even more unsightly, and less likely that we’ll ever realize the village’s long-standing dream of getting the things buried.

In less than a week, word of the Waterford Cable Rebellion filtered to the outside world. It seems we’re the first town in the United States to resist it. Reporters from the Washington Post, CBS news, Fox network, and even South Korean TV showed up and filed bemused, can-you-believe-it features about the bunch of oddball hayseeds who don’t want cable.

It’s become eccentric not to want every place to be just like every other place. Perhaps we’d have a better chance of holding on to what’s here if the history it represented were linked with a museum or the grand estate of some long-ago rich man. But what’s here isn’t grand. These cottages, ice houses, and root cellars are the temples of ordinary lives.

The old rooms have a way of slowly shaping you to fit them. You arrive here thinking you simply must have more built-in closets, but instead find yourself shedding your excess wardrobe. You open up the old stone-lined, hand-dug well so your arms can feel the effort of hauling a full water bucket up 30 feet. I suppose, if we had cable, I could be watching Body by Jake on the Fitness Channel instead.

Down on Main Street, my neighbor Jake is toning his biceps by helping his dad stack the woodpile. I think I’ll amble down there and have a word with him about a Corinthian king named Sisyphus.

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Logan Township 2011 Annual Meeting

Posted on February 28, 2011 by Logan Township

The 2011 Annual Meeting of Logan Township will be on March 8, 2011 at 7 p.m. at the Palisade Community Center/Fire Hall.

A number of issues of importance to the Township will be discussed and votes will be taken. The Planning and Zoning Committee that was established by popular vote at the 2010 Annual Meeting will be reporting on its progress. Please be there to support your township!

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February 23 Town Board Meeting

Posted on February 24, 2011 by Logan Township

A guest speaker was invited to the meeting by the supervisors. Terry Neff, Aitkin County Zoning officer spoke about the costs and obligations of land use planning. Terry warned the twenty-some township residents gathered there that they would have to develop a comprehensive land use plan, a land use ordinance, and a staff to implement and enforce the ordinance. His statements were challenged by residents who had done some research, and who believe that a township planning committee can do research, develop a plan, and determine the scope and focus of their township land use ordinance. Mr. Neff said that only 6 permits had been applied for in Logan Township during the past year, and that those were for septic systems and residential buildings.

There was some discussion about the division of powers between the County and Municipalities. Mr. Neff didn’t think any other townships in Aitkin County had engaged in their own land use planning, and he didn’t think it was wise for such a small township to do so. The biggest risk, according to Neff, is the risk of litigation by parties who are refused conditional use permits.

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Welcome to the new Logan Township web site!

Posted on February 16, 2011 by Logan Township

This page is being established to help residents of Logan Township stay in touch with each other, and with news and happenings in and around their township. Township government is the most direct form of democracy! Where else can one person have such a profound influence on matters that affect him where he lives?

Your township board of supervisors includes Jim Rickle (chair), Adam Ladd, and Dave Tevis. Tammy Wickstrom is the town clerk, Lois Fultz is treasurer; Lisa Bryan is deputy clerk.

Logan Township has one standing committee — a Planning and Zoning Committee. Craig LeBlanc is chair, and the other members are Alan Rardin, Rodger Lindgren, and Lynn Sue Mizner. Richard Kern is an alternate on the committee.

Check back often to view meeting minutes, check on meeting dates, and learn about what’s happening in Logan Township.

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Logan Township

Logan Township Land Use Ordinance

The Big Turn-Off

Logan Township 2011 Annual Meeting

February 23 Town Board Meeting

Welcome to the new Logan Township web site!

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