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Proposed Zoning Code Changes

http://www.sehinc.com/files/uploads/147034/Proposed-Ordinance-Amendments_20200915-w-BUS-SHELTERS.pdf

Proposed zoning code changes

OVERVIEW

The purpose of beginning this process is to bring our code into compliance with statutory zoning administration changes focused on non-conforming structures and conditional use permits, eliminate redundancies and ambiguity, and better organize the code for easier use. The majority of text that is lined out has been relocated to another area of the code. For example, all definitions are located at the beginning of the document rather than scattered throughout the code.

KEY

The blue text indicates edits to the original document.

Where blue text is underlined, it is a proposed addition.

Where blue text is strikethrough, the text is either deleted or moved

Red text are later additions/deletions

SPECIFICS

360-5 Interpretations

(G) The latter portion is deleted because similar language is included in 360-52 Petitions. Additionally, the existing language allows any landowner to request a study while the language in 360.52 limits this initiation by any person who owns the land in subject. In other words, the existing language allows anyone to request changes to land even if they don’t own the land in question.

360-6 Definitions

As stated, the changes include reorganizing all definitions to a single and inclusive location within the code. The blue underlined language indicates it was moved from another section of the code.

Concern was raised about changing the word ‘parcel’ to ‘lot.’ Therefore, we’re no longer recommending the change.

BUS SHELTER was initially going to be removed from the definitions as residents are not required to seek a building permit for them based on their size. However, after recent residents’ input, we are including an updated definition as bus shelters must follow zoning requirements: BUS SHELTER – A small, roofed shelter designed for the protection and convenience of school bus passengers. Structure shall not exceed 36-square-feet and 10 feet in height. Must comply with all applicable zoning regulations regarding road right-of-way and setbacks, but exempt from accessory structure location requirements.

CONDITIONAL USE language reflects more accurate definition.

MOTHER-IN-LAW SUITES, now referred to as in-law suites, are taken from the single-family dwelling definition and moved to its own definition. Should never have been part of the single-family dwelling definition.

Under FENCE , ‘or parcel of land’ is removed as redundant

Under FLAG LOT, the last sentence is removed as redundant

Under ON-PREMISE SIGNS, replace ‘occupant of’ with ‘a business on’

Under RENOVATE, the word ‘redecorating’ is deleted.

SATELLITE DISH ANTENNA is removed as no longer applicable

ARTICLE II General Provisions

360-7 is deleted as redundant to information located under 360.66 Board of Adjustment

360-7 (new) reflects language clean-up for greater understanding

(B) redundant to language included in 360-34

(C) redundant to language included in 360-44 and 360-45

360-8

(B) reflects language clean-up for greater understanding and elimination of redundancies; sentence should read ‘…if the total estimated cost of repair, reconstruction or alterations exceed 50% of the estimated market value of the property…’

C, D and E are realigned

(C) (new) language clean-up

(E) (new) moved from previous location within the code

(E)(2) reflects new language regarding non-conforming use to comply with updated state statutes

360-9 (new) Historic Structures

Moved from previous location within the code; should read ‘Nonconforming structures of a conforming use may be maintained, repaired, renovated, relocated and enlarged provided the following restrictions are met:’

360-10 (new) Site Restrictions

(F) (old) accessory uses and fences moved to 360.15

(H) (new) typo – size yard should be side yard

(J) (1) (new) language clean-up

(M) Swimming Pools moved to 360.15

360-11 (new) Traffic, Parking and Access

Language clean-up

All references to Private Roads moved to 360.64

360-12 Home Occupations

Language clean-up

360-15 Accessory Structures and Uses

Applicability - typo in second line; zone should be zoned

Language throughout this section moved to more appropriate locations (definitions, conditional use, etc.)

(I)(1) Language clean-up on number of accessory structures allowed: up to three acres = 1; three acres but less than five acres = 2; more than five acres = 3.

(L) and (M) relocated from 360.10

ARTICLE IV Signage Regulations

Definitions moved to the front of the code

360-27 Districts and Special Regulations

(A) Language clean-up

ARTICLE V Zoning Districts and Zoning District Maps

(B)(2) correction from Board of Adjustment to Plan Commission

360-32

(D) last two sentences removed due to ambiguity

360-33

(A)(1) latter portion removed as unnecessary

(C)(6) moved from 360-8

360-34 A Agricultural District

(2) language clean-up

Anything related to Conditional Use is moved to Article VII Conditional Uses

360-35 AN Agricultural No Development District

(B)(3) and (4) moved to appropriate locations

(D) (1) and (2) language clean-up; redundancies

360-37 (new) Druid Lake Residential District

Accessory uses was mistakenly included as a conditional use; has been removed.

Boathouses are eliminated, because they’re regulated by Washington County and, under state statutes, the town cannot be more restrictive than the county

360-38 (new) R-3 Single-Family Residence District (3-4.99 acres)

Moved from other location(s)

Conditional use references moved to Article VII Conditional Uses

360-39 (new) R-5 Single-Family Residence District (5-9.99 acres)

Moved from other location(s)

Conditional use references moved to Article VII Conditional Uses

360-40 (new) R-10 Single-Family Residence District (10-19.99 acres)

Moved from other location(s)

Conditional use references moved to Article VII Conditional Uses

360-41 (new) R-20 Single-Family Residence District (20 or more acres)

Moved from other location(s)

Conditional use references moved to Article VII Conditional Uses

360-42 (new) B Business/Commercial District

Livestock allowances defined

Conditional use references moved to Article VII Conditional Uses

360-43 (new) I Industrial District

Conditional use references moved to Article VII Conditional Uses

360-44 (new) UC Upland Conservancy District

Conditional use references moved to Article VII Conditional Uses

(D)(b) Lot size better defined

360-45 (new) LC Lowland Conservancy District

Conditional use references moved to Article VII Conditional Uses

360-48 (new) PR Park Recreational District

Conditional use references moved to Article VII Conditional Uses

360-49 (new) I-1 Institutional District

Conditional use references moved to Article VII Conditional Uses

D (1)(c) TV and radio towers are under separate regulation

360-50 (new) Single-family cluster subdivision

Conditional use references moved to Article VII Conditional Uses

360-56 (new) Notice to property owners

Requirement expanded to provide more information to affected property owners

360-58 (new) Recommendation of Plan Commission

Language expanded to align with municipal and state requirements

ARTICLE VI Zoning Amendments

360-52 (new) Petitions

The language deleted from 360.5 Interpretations is addressed here

ARTICLE VII Conditional Uses

Conditional use references moved here from throughout the previous document

Language clean-up

ARTICLE IX Airports

360-72 Airports and aircraft landing strips, including those used by ultralight aircraft

Originally slated for deletion, because airports are not allowed in any zoning district within the town and are regulated elsewhere. However, legal counsel recommends maintaining status quo pending greater investigation of the new state code (Act 67) on conditional use.

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