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" what respecl lhe plan would or would not be in the
<br /> public interest.
<br /> t. The plan is not in contlicl wilh the Ramsay
<br /> Towr~ship Comprehensive Plan.
<br /> 2. The plan is designed Io term 8 desireable and
<br /> unified devolopmenl within its own boundaries.
<br /> 3. The proposed uses will riel be detrimental to
<br /> presenl and future land uses in the Surrounding area.
<br /> 4. Any exceptions to the standard requirements of
<br /> the zoning and Subdivision ordinances are justified by
<br /> lhe design of Ihe development.
<br /> 5. Ttle plan will not create an excessive burden on
<br /> parks, schOols, streets and other public facilities and
<br /> ulilities which serve or are proposed to serve the
<br /> planned developmenh
<br /> 6. The planned developmenl will nol have an undue
<br /> and adverse impact on the reasonable enjoyment of
<br /> neighboring property.
<br /> (G) Zoning: Once the proposed plan has been
<br /> approved, lhe Planning Commission shall propose an
<br /> amc~qdment to the Zoning Map for action by the
<br /> Township Board, as outlined in Chapler 8 of the Zoning
<br /> Ordinance. The planned unit developmenl Shall be
<br /> outlined on the official zoning map and labeled P.U.D.
<br /> (H) Annual Review: The Planning Commission shall
<br /> review all Planned Unil Development districts within
<br /> Ihe Township al least once each year and shall make a
<br /> reporl to the Township Board on the status ef the
<br /> development in each of lhe Planned Unil Development
<br /> dislricts. If Ihe Township Board finds that
<br /> developmenl has not Occurred within a reasonable
<br /> time aRer Ihe Original approval, the Township Board
<br /> may inslruct the Planning Commission to initiate
<br /> rezoning Io Iheoriginal zoning dislrict by removing the
<br /> Planned Unit Development districl from lhe official
<br /> zoning map.
<br /> 6. I I SCR EE N I NG: Where any business or industrial
<br /> use (slrudure, parking or storage) is adjacenl to
<br /> property zoned or developed tot residential use, that
<br /> business or industry shall provide screening along the
<br /> boundary et the residential property. Screening shall
<br /> also be provided where a business, parking lot, or
<br /> industry is across the street from a residential zone,
<br /> but nol on fha t Side et a business or industry considered
<br /> to be the tronl.
<br /> All exlerior slorage shall be screened. The
<br /> exceptions are: (I) merchandise being displayed for
<br /> sale; (2) materials and equipment presently being
<br /> used for construction on the premises; (3)
<br /> merchandise located on service station pump islands.
<br /> The screening shall consist efa fence or wall of
<br /> materials approved by the Planning Commission not
<br /> less than Six (6) teat high but shall not extend within
<br /> fifteen (15) feel of any street or driveway. The
<br /> screening Shc'lll be placed along properly lines or
<br />
<br /> 6.12 SANITARY LANDFILLS: All sanitary land fills
<br /> shall be effectively screened from view as detailed in
<br /> seclion 6.11. In addition the operators et sanitary land
<br /> tills shall be responsible for keeping the land
<br /> surrounding the active fill area free from blowing
<br />
<br /> 6.13 JUNK YARDS: All junk yards, salvage yards
<br />
<br /> described in Section 6.11. All existing junk yards shall
<br /> comply with Ibis requiremenl within slx months et its
<br /> date of the ordi0ance or shall terminate their
<br />
<br /> SECTION 7- CONDITIONAL USES
<br /> 7.1 GENERAL: Conditional uses as specltied in
<br /> Section 3 may be allowed or denied by lhe Township
<br /> Board following a public hearing and recommendation
<br /> by the Planning Commission in accordance With the
<br /> criteria and provisions listed herein.
<br />'"'~'~7.2 APPLICATION: Applications for conditional
<br /> uses will be tiled wilh fha zoning Officer and shall be
<br />
<br /> (A) An application tee in an amounl equal to that set'
<br /> by resolulion of tho Township Board.
<br />
<br /> which shows lhe Size, location, and topography Of the
<br /> site, Ihe use of adjacent land, the proposed size, bulk,
<br /> use and location of buildings; the location and
<br /> proposed function of all yards, open spaces, parking
<br />
<br /> for parking, moving or loading et vehicles, and the
<br /> liming of construction proposed.
<br />
<br /> 7.3 REVIEW: The zoning Officer shall forward copies
<br /> et the Application Io lhe Township Board and to lhe
<br />
<br /> (A) The Planning Commission shall conduct a public
<br /> hearing on the conditional use and shall give at least 10
<br /> days mailed notice to properly owners within 300 feel
<br />
<br /> ef the outer boundaries of the property in question. Any
<br /> person may appear and testify at the hearing either in
<br /> person or by duly authorized agent. The Planning
<br /> Commission shall forward its recommendation within
<br /> 60 days unless the petitioner agrees in writing to a time
<br /> extension.
<br /> (B) The Township Board may attach such conditions
<br /> as they deem necessary to the approval of any
<br /> condilional use. The approved site plan and all
<br /> attached conditions shall be recorded by fha petitioner
<br /> within 30 days of final approval. All development,
<br /> construction and use shall be in accordance with the
<br /> approved plan, unless a revised plan is submitted,
<br /> approved and recorded. Any development contrary to
<br /> the approved plan shall constitute a violation of this
<br /> Ordinance.
<br /> 7.4 CRITERIA FOR APPROVAL: A conditional use
<br /> shall be approved if and only if it is found 1o meet the
<br /> tollowing criteria;
<br /> (A) The proposed use conforms fo the district and
<br /> COndilionaJ USe provisions and all general regulations
<br /> et this Ordinance.
<br /> (B) The proposed use meets all special standards
<br /> ¥'¢hich illay apply to ils class of condilional uses as set
<br /> forlh in this Section.
<br /> (C) The proposed use shall not involve any element
<br /> or cause any condilion that may be dangerous,
<br /> i~jurioufl, or noxious to any olher property or persons,
<br /> and shall comply with the performance standards of
<br /> paragraph 7.5.
<br /> (D) The proposed use shall be sited, oriented and
<br /> landscaped lo produce a harmonious relationship Of
<br /> buildings and grounds to adjacent buildings and
<br /> properlies.
<br /> (E) The proposed use shall produce a total visual
<br /> impression and environment which is consistent with
<br /> the environment of the neighborhood.
<br /> (F) The proposed use shall organize vehicular
<br /> access and parking to minimize traffic congestion in
<br /> Ih(' nt.i(ihborhood
<br /> (G) The proposed use shall preserve the objectives of
<br /> this Ordinance and shall be consistent with lhe
<br /> Comprehensive Plan.
<br /> 7.5 PERFORMANCE STANDARDS: All conditional
<br /> uses shall comply with the requirements of this
<br /> section. In order to determine whether a proposed use
<br /> will conform to the requirements of this Ordinance, the
<br /> Township Board may obtain a qualified consultant to
<br /> teslity, whose cost for services shall be borne by the
<br /> applicant.
<br /> (A) FIRE PROTECTION: Fire prevention and
<br /> fighting equipment acceplable to the Board of Fire
<br /> Underwrilers Shall be readily available when any
<br /> activily involving lbo handlincj or slorage of
<br /> flammable or explosive materials is carried on.
<br /> (B) ELECTRICAL DISTURBANCE: No activity
<br /> shall cause electrical disturbance adversely affecting
<br /> radio or other equipment in the vicinity.
<br /> (C) NOISE: Noise which is determined to be
<br /> objectionable because of volume, frequency, or beat
<br /> shall be muffled or otherwise controlled, except fire
<br /> sirens and related apparalus used solely for public
<br /> purpose shall be exempt from this requirement.
<br /> (D) VIBRATIONS: Vibrations detectable without
<br /> instruments on neighboring property in any district
<br /> shall be prohibited.
<br /> (E) ODORS: No malodorous gas or matter shall be
<br /> premilted which is discernible on any adjoining lot or
<br /> properly.
<br />
<br /> (F) AIR POLLUTION: No pollution of air by flyash,
<br /> dusl, smokl,, vapors, or olher Substance Shall be
<br /> premitled which is harmful to health,animals,
<br /> vegetation or olher property.
<br /> (G) GLARE: Lighting devices which produce
<br /> ohj(,clionahh-, dlrecf or reflected glare on adioining
<br /> properties or thoroughfares shall not be permitted.
<br /> (H) EROSION: No erosion by wind or water shall be
<br /> permitted which will carry objectionable Substances
<br /> onto neighboring properties.
<br /> (I) WATER POLLUTION: Water pollution shall be
<br /> subject to lhe standards established by the Minnesota
<br /> Pollution Control Agency.
<br /> SECTION 8--ADMI N ISTRATION
<br /> AND ENFORCEMENT
<br /> 8.1 ZONING OFFICER: The Zoning Officer, who
<br />shall be appointed by the Township Board shall:
<br /> (A) Administer and enforce the provisions Of this
<br />Ordinance in accordance with its literal terms and
<br />shall not have the power to permit any construction or
<br />any use or cha nde of use wh ich does not conform to this
<br />Ordinance.
<br /> (B) Issue Zoning Certificates and Building Permits.
<br /> (C) Maintain 8 permanent file Of all Zoning
<br />Cerliticates and applications as public records.
<br /> 8.2 ZONING CERTIFICATES: A Zoning Certificate
<br />shall be obtained before any person may:
<br />
<br />Page 5
<br />
<br /> (A) Occupy or use any vacant land; or
<br /> (B) Occupy or use any structure hereafter
<br /> constructed, reconstructed, moved, altered or
<br /> enlarged; or
<br /> (C) Change the use of a structure or land to a
<br /> different use; or
<br /> (D) Change a non-conforming use.
<br /> (E) Applications for a Zoning Certificate shall be
<br /> accompanied by a plot plan showing clearly and
<br /> completely the location, dimensions and nature of any
<br /> structure involved and such other information as fha
<br /> Zoning Officer may require for administration of this
<br /> Ordinance, together with a filing fee in accordance
<br /> with a schedule annually affixed by resolution of the
<br /> Township Board.
<br /> 8.3 ENFORCEMENT PENALTI ES: Any violation of
<br /> lhisOrdinance may be enjoined by the Township Board
<br /> through proper legal channels and any person, firm,
<br /> parlnershipor corporation who violates this Ordinance
<br /> Shall be guilty of a misdemeanor upon conviction
<br /> thereof be punished by a fine not to exceed three
<br /> hundred dollars ($300.00) or by imprisonment for not to
<br /> exceed ninety (90) days, or both for each offense. Each
<br /> day a violation is permitted to exist shall constitute a
<br /> separale offense.
<br /> 8.4 ENFORCEMENT REMEDIES: In case any
<br /> building, structure, or land is, or is proposed to be,
<br /> erected, constructed, reconstructed, altered,
<br /> converted, maintained Or used in violation of th;¢
<br /> Ordinance, the Township Board, in addition to other
<br /> ronledJes, I]lay institute in the name of Ramsay
<br /> Township any appropriate action or proceeding to
<br /> prevent, restrain, correct Or abate such building,
<br /> slruclure or land, or 1o prevent, in or about SUch
<br /> premises, any act, conduct, business or use
<br /> constituling a violation.
<br /> 8.5 AMENDMENTS: The Township Board may
<br /> amend this Ordinance as proposed by a member of lhe
<br /> Township Board, by the Planning Commissio~ or by a
<br /> petilion of a person residing or Owning property within
<br /> Ramsay Township in accordance with the following
<br /> provisions:
<br /> (A) Petitions for amendments shall be filed with the
<br /> Planning Commission, and the petitioner, upon such
<br /> !iling, shall pay an advertising deposit and a filing fee
<br /> ~n accordance with a schedule annually affixed by
<br /> resolution. The Planning Commission shall review the
<br /> proposed amendment and report its findings and
<br /> recommendations in writing to fha Township Board
<br /> and to the petitioner. The proposed amendment shall
<br /> be inlroduced before the Township Board only if a
<br /> member of the Township Board elects to do so. If an
<br /> amendment proposed by petition is not introduced, the
<br /> adverlising deposit shall be refunded to the petitioner;
<br /> otherwise such deposit shall be paid to the Township.
<br /> (B) Any proposed amendment introduced by a
<br /> member of the Township Board without written
<br /> findings and recommendations from the Planning
<br /> Commission shall be referred to the Planning
<br /> Commission for review at leasl thirty days prior to the
<br /> public hearing by the Township. The Township Board
<br /> may no act upon the proposed amendment until sixty
<br /> (60) days have elapsed from lhe date of reference Of
<br /> Ih(! ,]rnond171ont withoul a report Iron] the Planning
<br /> Commission.
<br /> (C) Before voting on the enactment Of an
<br /> amendment the Township Board shall hold a public
<br /> hearing thereon pursuant to public notice. It shall be
<br /> tile responsibility el the Zoning Officer to:
<br /> 1. have notice Of the public hearing published in the
<br /> official municipal newspaper 10 days prior to the
<br /> hearing and;
<br /> 2. give notice of the public hearing fo the property
<br /> owl]ors within the affected zone and wilhin 300 feel of
<br /> lhe outer boundaries of lhe property in queslion.
<br /> Failure ot any properly Owner lo receive Such
<br /> nolitication shall not invalidate lhe proceedings.
<br /> (D) If, after any public hearing held upon an
<br /> amendment lhe proposed amendment is revised or
<br /> further revised to include land previously not affected
<br /> by it the Township Board shall hold another public
<br /> hearing, pursuant to public notice, before proceeding
<br /> to vote on the amendment.
<br /> (E) The Township Board shall act upon fh~ reqlJe~t
<br />within forty five (45) days after the last public hearing
<br />has been held.
<br /> 8.6 BOARD OF ADJUSTMENT: In accordance with
<br />the law, a Board of Adjustment shall be appointed by
<br />the Township Board. The Board of Adjustment shall
<br />elect a chairman and vice-chairman, and appoint a
<br />secretary. It shall hold meetings, keep minutes and,
<br />pursuant to notice, shall conduct hearings, take
<br />lesfimony under oath and render decisions in writing
<br />within forty-five (45) days after the hearing or
<br />continued hearing. A fee shall be charged in
<br />accordance with a schedule annually affixed by
<br />
<br />
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