The city is hereby divided into classes of "zoning districts" as listed below and as shown on the zoning map which together with all the explanatory and supplemental matter thereon, is hereby adopted by reference and declared to be part of this Ordinance.

AG - Agriculture.

R-1 - Low density residential.

RUS - Low density residential unsewered.

R-2 - Medium density residential.

R-3 - High density residential.

TR - Traditional residential district.

C-1 - Central business district.

FC - Freeway commercial district.

GC - General commercial district.

I-1 - Industrial.

F-1 - Floodplain district.

P - Public open space.

PRD - Planned residential district.

PCD - Planned commercial district.

P/I - Public institutional district.

The location and boundaries of each zoning district established by this Ordinance are as set forth in this Ordinance or as shown on the zoning map. Where uncertainty exists as to the boundaries as shown on the official zoning map, the following rules will apply:

A.

Boundaries indicated as approximately following the center line of streets, highways or alleys shall be construed to follow such center lines.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following city corporate boundaries shall be construed as following such city limits and orderly annexation boundaries.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

E.

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, the boundary shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, river canals, lakes or other bodies of water shall be construed to follow such center lines.

F.

Boundaries indicated as parallel to or extensions of features indicated in this subsection shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

G.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by this section, the board of appeals shall interpret the district boundaries.

A.

The zoning districts (primary and overlay) are so designed as to assist in carrying out the intents and purposes of the comprehensive plan.

B.

The zoning districts are based upon the comprehensive plan which has the purpose of protecting the public health, safety, convenience and general welfare.

(1)

Allowable land uses within residential districts. The uses permitted or authorized within the residential zoning districts listed below:

RESIDENTIAL USES AND ZONING DISTRICTS

P = Permitted Use

A = Accessory Use

CUP = Conditional Use Permit

PUD = Planned Unit Development

Blank space indicates Not Permitted

(Ord. No. 10-2018, § 2, 6-4-2018; Ord. No. 02-2019, § 1, 4-1-2019; Ord. No. 06-2024, § 2, 9-3-2024)

LAND USES DIMENSIONAL REQUIREMENTS AND PERFORMANCE STANDARDS RESIDENTIAL DISTRICTS:

(1)

Intent. To recognize the unique development pattern associated with properties within the original plat and townsite of the city encompassed by the Carver Historic District.

(2)

Front yard setback exception:

A.

Unenclosed porch or balcony. An unenclosed porch or balcony may be reconstructed on the front of a structure that has previously had a porch or balcony. The porch or balcony reconstruction shall be completed in a manner that is in compliance with the Secretary of the Interior's Standards for Rehabilitation as approved by the Carver Heritage Preservation Commission, but under no circumstance shall the porch or balcony encroach more than ten feet into the front yard setback. The porch or balcony shall not have doors, windows, or screens.

B.

Front steps or ramp. Front steps or ramp to the door may be constructed on the front of a structure and may encroach anywhere within the front yard setback.

(3)

Side yard setback exception:

A.

Steps or ramp to door. Steps or a ramp to a door may extend into the side yard setback but must still meet building code requirements.

(4)

Corner side yard setback exception:

A.

Unenclosed porch or balcony. An unenclosed porch or balcony may be reconstructed on the side of a structure that has previously had a porch or balcony. The porch or balcony reconstruction shall be completed in a manner that is in compliance with the Secretary of the Interior's Standards for rehabilitation as approved by the Carver Heritage Preservation Commission, but under no circumstance shall the porch or balcony encroach more than ten feet into the corner side yard setback or side yard setback. The porch or balcony shall not have doors, windows, or screens.

B.

Steps or ramp to door. Steps or ramp to a door may be constructed on the side of a structure and may encroach anywhere within the corner side yard setback.

(5)

Accessory structure height maximum: Accessory structures shall not be higher than 75 percent of the height of the principal structure. The height of the principal structure shall be measured from the ground level of the point closest to the proposed accessory structure to the peak of the highest point of the roof. The height of the accessory structure shall be measured from the ground level of the point closest to the principal structure to the highest point of the roof.

(6)

Maximum accessory structure footprint: The building footprint occupied by the total of all accessory structures on the zoning lot shall not be greater than 75 percent of the footprint of the principal structure.

(1)

Intent. To allow for the development of residential areas under a flexible regulatory process as compared to the more rigid development regulations common to traditional zoning districts. The planned residential district provides for a joint planning design effort by developers and city officials rather than the city establishing minimum limits within which developers must perform. Benefits resulting from the planned residential district include an opportunity to protect and preserve valuable natural resources and amenities, to assure a higher quality living environment, and to allow the development of a variety of housing types and densities as a single planned entity.

(2)

Planned residential districts. The council, after receiving the recommendations of the planning commission, may authorize departures from requirements of this Ordinance for any planned residential development (PRD) in the R-1, R-2 or R-3 district if the planning commission and the council determine, after reviewing a complete plan for the PRD, that the proposal is consistent with the comprehensive plan of the city and is consistent with the general proposes of this Ordinance and if the project complies with the following requirements.

(3)

Ownership. The tract of land included in the initial PRD application or such lesser tract of land that is included in a proposal to amend such PRD is under unified control at the time of application and all land owners and applicants for such PRD have executed the application.

(4)

Minimum size. The area included in the tract of land to be included in the PRD consists of not less than five acres of contiguous land. Nothing herein shall preclude an amendment effecting a tract of land within a previously approved PRD that is less than five acres of contiguous land.

(5)

Minimum lot size. The minimum zoning lot size requirements of this Ordinance shall not apply to a PRD.

(6)

Setback requirements. Notwithstanding other provisions relating to PRD's, every zoning lot abutting the perimeter of a PRD shall conform to setback requirements for the underlying zoning district. Separation between multiple family structures in a PRD shall not be less than 20 feet, but such structures may be built without reference to the property lines of the individual zoning lots on which they are built provided the individual dwelling units are contained within the zoning lot lines. The city may allow flexibility in setbacks, provided that side yard setbacks between one-family dwellings, shall be a minimum of six feet.

(7)

Open space. A minimum of 15 percent of the developable portion of each PRD shall be reserved for common open space. This subdivision does not apply to single-family subdivisions that meet both the minimum zoning lot size and minimum zoning lot width of the underlying zoning district. Said requirement is in addition to the park dedication as required by City Code, however credit for the value of improvements not to include grading and landscaping made to the open space may be granted at the sole discretion of the city council towards the neighborhood parks component of section 1330.04 of the Subdivision Ordinance. The city council shall not approve a PRD unless it meets the following standards applicable for common open space:

a.

An open space plan must be provided with the PRD application which details the specific locations proposed for open space, acreage calculations, amenity or recreational purposes for the open space, and improvement plans as appropriate.

b.

The location, shape, size and character of the common open space shall be provided in a manner to meet the needs of the PRD. All open space shall be situated at least 25 feet from any structures and must be platted within an outlot of the property.

c.

Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

d.

Common open space must be suitably improved for its intended use, but common open space containing natural features, existing trees and groundcover worthy of preservation may be left unimproved.

e.

Stormwater ponds and wetlands shall not be counted toward the minimum open space requirements of this section. Property determined to be a bluff and permanently protected through either the process contained in article IX of this Ordinance or the alternative process through this section may be counted towards this requirement.

f.

All areas designated as open space shall be conveyed to an association for the purposes of ownership and continual maintenance.

(8)

Procedure.

A.

Preliminary development plan. An application for approval of a preliminary development plan for a proposed PRD shall be filed with the planning commission by an applicant of the property. The application shall be signed by the owner and shall be accompanied by an application fee as established in the city fee schedule and a cost reimbursement agreement as set forth in Carver City Code. The application, with accompanying statements, shall be submitted in three copies and shall include, in addition to such information as the zoning administrator may require, a vicinity map showing in such manner as the zoning administrator may require the relationship of the proposed PRD to the comprehensive plan of the city, to existing public facilities and services, and to the surrounding area; a preliminary plan of the PRD area showing proposed uses, densities, proposed street and off-street parking areas, the specifics of the development plan and proposed schedule for development, and a preliminary plat as required by the subdivision ordinance. The planning commission shall, after holding a public hearing(s) in the same manner as required for amendments to this Ordinance recommend approval or disapproval of the preliminary proposal with such changes and conditions as it may suggest and shall transmit its recommendations to the city council. In the event that the planning commission does not make a recommendation on an application within 60 days of the date that the application was determined to be complete under M.S.A. § 15.99, then the application shall automatically be referred to the city council for a decision without a recommendation from the planning commission.

B.

Action by council. The council shall consider the application and shall approve or disapprove the application with such changes and conditions, if any, as it may deem appropriate.

C.

Final review and approval. Within 12 months of such approval by the council, the applicant shall file an application for review and approval of the final plat. Failure to timely file such application terminates the approval of the PRD.

(9)

Alternative procedure for protection of bluffs and natural resources. The city recognizes that significant natural resources are located outside of areas that meet the requirements of article IX. In order to promote the preservation of these natural resources within the city, applications for preliminary plat requesting approval as a PRD may request a variance to the requirements of article IX of this Ordinance meeting the following alternative standards and requirements.

A.

Protection area defined. Utilizing those bluff and ravine areas included and as depicted within the Carver County Planning Study of Ravine and Bluff Areas Along the Minnesota River, prepared June 1, 2000 by Emmons and Oliver Resources as a guide, the Applicant shall survey and identify the natural resources contained within the entire subject property, including steep slopes and forested areas.

B.

Buffer. The plat and plans prepared for the application shall provide for the permanent protection of the natural resources as well as a 30-foot no disturb buffer.

C.

Buffer impacts and mitigation. The applicant may request alterations to the 30-foot buffer to accommodate development of the property. Impacts may only be approved within the 30-foot buffer and may not permit the removal of significant tree species or impact a slope of 18 percent or greater as measured over 50 horizontal feet. The applicant must submit a plan sheet showing the proposed locations of impact as well as a mitigation plan. Mitigation may be approved at not less than a 5:1 replacement for the acreage impacted. To the greatest extent possible, the mitigation shall occur in locations adjacent to the existing natural resources and shall include plantings complimentary to the natural vegetation adjacent to the mitigation site. Not more than five percent of the acreage of the 30-foot buffer area may be impacted under this subdivision (9)C.

D.

Impacts to slopes. Slopes of 18 percent or greater that have previously been altered due to human activities including but not limited to agriculture, road construction and railroads may be permitted to be developed subject to the approval of the city engineer and subject to the requirement that the applicant perform such remediation activities as determined necessary by the city to correct past actions on the project site. Such remediation activities will be determined on a case by case basis, but may include and are not limited to: stream or creek restoration, slope stabilization, invasive species removal, or revegetation.

E.

Permanent protection. PRDs approved under this section must include appropriate permanent protections to the natural resources. Permanent protection may include the establishment of a conservation easement or donation of the property to an organization. The form of permanent protection shall be approved by the city council no later than the time of approval of the final plat of the PRD. The area to be protected shall include the natural resource area as well as the 30-foot buffer surrounding the resource. Adjustments shall be made to the permanent protection area to delete any impacted buffer area and to include any mitigation areas as per subdivision (9)C. above.

F.

Structures. Structures including, but not limited to, decks and accessory structures, except stairways, lifts and landings, are prohibited in the permanent protection area.

G.

Stairways, lifts and landings. Stairways, lifts and landings may be permitted within the permanently protected area on suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways, lifts and landings must receive a conditional use permit if requested at a time subsequent to final plat approval and must meet the following design requirements:

1.

Stairways, lifts and landings may not exceed four feet in width on residential zoning lots. Wider stairways may be permitted subject to city council approval for commercial properties, public open space recreational properties, and private open space recreational properties that are owned and maintained by an association and are not located on a zoning lot containing a one-family dwelling.

2.

Canopies or roofs are not allowed on stairways, lifts or landings.

3.

Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

4.

Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards of sub-items 1. to 4. are complied with.

H.

Infrastructure. Roads, driveways and parking areas must not be placed within the permanent protection area when other reasonable and feasible placement alternatives exist as determined by the city. If no alternatives exist or if they already exist within these areas on June 6, 2005, they may be placed or reconstructed within these areas, and must be designed to not cause adverse impacts. Recommendations for construction of these items shall be made after an examination of the subject property by the zoning administrator and is subject to the approval of the city council. Trails, sanitary sewer pipe, stormwater pipe and watermain pipe may be located in this area when it is determined by the city council to be in the best interests to do so.

I.

Topographic alterations/grading and filling. No earth may be moved, nor may fill or excavated material be placed in the permanently protected area, except as permitted under subdivision (9)G. above.

J.

Removal or alteration of vegetation. Removal of vegetation within permanent protection area is prohibited except for limited clearing of trees and shrubs and cutting, pruning, and trimming of trees and to accommodate the placement of stairways, landings and access paths. An on-site review will be made to determine if the removal will require new ground cover and must receive the prior written approval of the zoning administrator or designee. Mitigation activities to remove invasive species may be approved subject to the review of the zoning administrator or designee.

K.

Phased projects. Any project to be developed in phases is required to comply fully with either article IX or this alternative process. An applicant is not permitted to complete Phase I in one process and then alternate to the other process for their next phase. If this alternative process is proposed to be used, the preliminary plat for the subject property must be approved in its entirety, although mitigation and remediation activities may be staged through the various phases of the construction and will be negotiated as a part of the developer's agreement required under the subdivision ordinance.

L.

Alteration of natural resources prior to development. In the event that the city determines that the natural vegetation has been removed, or the site has otherwise been altered in such a way as to reduce the amount of land proposed to be protected, the city may at its discretion deny the use of this alternative procedure or deny the granting of a PRD.

(Ord. No. 02-2017, § 4, 2-21-2017)

(1)

Intent. To provide generally for a smooth and orderly transition of the city from rural to urban in character; and more specifically, to prevent the occurrence of premature scattered urban development which would be uneconomical from the standpoint of municipal services, utilities and schools until such time as (1) the necessary public facilities such as streets, municipal water and sanitary sewer are available, and (2) the ability to objectively determine and project appropriate land use patterns which makes orderly development possible; and to retain as much genuinely rural area and agriculture land as can be accommodated and encouraged until urbanization is considered necessary.

(2)

Permitted uses.

A.

A single one family dwelling per 40 acres, except as provided below in subdivision B.

B.

Each 80-acre farm having one dwelling unit thereon may convey therefrom a parcel of land for the purposes of residential construction provided the conveyance of such lot conforms to the following:

1.

The minimum size of the parcel so conveyed shall be two and a half acres or more.

2.

The soil and water conditions shall permit a well and on-site sewer system in conformance with city regulations.

3.

If a prior conveyance has been made for residential dwelling purposes from any parcel which would otherwise qualify for a conveyance under this subdivision for residential dwelling purposes, such parcel is not eligible.

C.

Horticultural uses including structures designed for the storage of products and machinery pertaining and necessary to horticultural operations.

D.

Accessory uses customarily incidental to an agricultural permitted use.

E.

Building-integrated solar energy systems, clearly incidental to a dwelling on the property.

F.

Building-mounted solar energy systems, clearly incidental to a dwelling on the property and in accordance with section 50-99.

G.

Ground-mounted solar energy systems, clearly incidental to a dwelling on the property and in accordance with section 50-99.

H.

Community solar energy system in accordance with section 50-99.

(3)

Conditional uses.

A.

Recreation facilities of a commercial or semi-public nature such as golf courses, sportsmen's clubs and camping areas.

B.

Kennels and veterinary establishments.

C.

Cemeteries.

D.

Roadside stands for the sale of farm products.

E.

Commercial radio and television transmission stations.

F.

Mining, excavation and land reclamation.

G.

Warehouse used for long-term storage. Short-term storage and distribution centers are not permitted in this district. Outside storage is not permitted.

(4)

Zoning lot requirements and standards.

(Ord. No. 10-2018, § 3, 6-4-2018)

(1)

Intent. To recognize the historic downtown area of the city which will serve as the focal point of community interest and as a focal point of commercial, financial, office, entertainment and government activity. Certain areas of the central business district are regulated by historic preservation regulations.

(2)

Permitted uses.

A.

Commercial establishments (excluding pawnshops, firearm sales, and payday loan agency or Currency Exchange) offering merchandise or services to the general public in return for compensation. Such establishments to include, but not limited to the following:

1.

Retail establishments such as groceries, hardware, drug, clothing and furniture stores.

2.

Bars and restaurants, but not of the drive-in type.

3.

Personal services such as laundry, barber, shoe repair shop and photography studios.

4.

Professional services such as medical and dental clinics, architects and attorneys' offices.

5.

Repair services such as jewelry and radio and television repair.

6.

Finance, insurance and real estate services.

7.

Artist studios, including painting, pottery, woodworking, and other similar goods.

8.

Lodging services such as hotel and motel.

B.

Public and semi-public structures such as government offices, post offices and fire stations.

C.

Apartments—Provided they are located above the first floor in a non-residential structure.

D.

On and off sale liquor establishments.

E.

Outdoor sidewalk café is a permitted accessory use for permitted food and/or beverage service establishments provided, however, that all licensing requirements in chapter 10, article X are satisfied.

F.

Cannabis retailers, provided, however, that a cannabis retailer may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products except between the hours of 10:00 a.m. and 10:00 p.m. daily.

G.

Lower-potency hemp edible retailers.

(3)

Conditional uses.

A.

Production brewery.

B.

Brew pub.

C.

Small cell wireless technology.

(4)

Zoning lot requirements and standards.

(Ord. No. 03-2016, §§ 2, 3, 5-16-2016; Ord. No. 04-2018, § 2, 3-5-2018; Ord. No. 02-2019, § 2, 4-1-2019; Ord. No. 08-2023, § 2, 8-7-2023; Ord. No. 10-2024, § 2, 12-16-2024)

(1)

Intent. To provide land for development of light industrial activities which can be accommodated in a value enhancing park-like setting. Uses intended to be accommodated include those which generate a minimum of noise, glare, dust, odor, vibration, air and water pollution, fire and safety hazard, and obtrusive views. Such activities are to be characterized by an overall visual appearance which is reasonably compatible with the predominant historical and residential character of the city and with the desired positive visual image of the industrial community.

(2)

Permitted uses.

A.

Manufacturing, fabricating, assembly, processing (except live animals), production, packaging or compounding of materials, goods and products.

B.

Warehouse or wholesaling, all commodities except live animals.

C.

Scientific research, investigation, testing or experimentation.

D.

Offices and administrative facilities.

E.

Essential service structures and uses.

F.

Indoor health and recreation clubs.

G.

Public utility installations.

H.

Auction houses.

I.

Cannabis cultivation, cannabis delivery, cannabis manufacturing, cannabis processing, cannabis testing, cannabis transportation, cannabis wholesaling, and lower-potency hemp edible manufacturing, provided, however, that all cultivation, manufacturing, processing, testing, and storage activities shall occur entirely inside of an enclosed structure and shall otherwise comply with all odor requirements promulgated by the Minnesota Pollution Control Agency.

(3)

Permitted accessory uses.

A.

Signs in accordance with section 50-93.

B.

Off-street parking and loading in accordance with section 50-88.

C.

Office incidental to the principal use.

D.

Uses and structures that are accessory to the principle use in the industrial district.

E.

Building-integrated solar energy systems.

F.

Building-mounted solar energy systems in accordance with section 50-99.

G.

Community solar energy system in accordance with section 50-99.

(4)

Conditional uses. Certain uses may be permitted with conditions in industrial district, subject to meeting the conditions for the use specified in article VI and issuance of a conditional use permit by the city council. Conditional uses in the I district are as follows:

1.

Production brewery.

2.

Brew pub.

(5)

Open or outside storage. Outside storage is not permitted.

(6)

Off street loading areas. Loading facilities shall meet the standards set forth in section 50-89.

(7)

Architectural standards.

A.

Policy statement. All structures in the industrial district shall be designed to accomplish the goals and objectives of the land use comprehensive guide plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the industrial district.

B.

All structures erected shall be a type of construction as defined in the state building code as adopted by the city.

C.

Exterior wall surfaces shall be constructed of a vertical finish made of non-combustible, non-degradable, and low maintenance construction material, and may be a combination of materials comparable in grade and quality to the following:

1.

Face brick.

2.

Precast concrete panel.

3.

Decorative concrete panel.

4.

Architectural concrete block.

5.

Cast-in-place concrete.

6.

Stone or glass with metal panels encompassing no more than 60 percent of all elevations of the structure combined.

7.

Natural stone.

8.

Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

9.

Curtain wall panels of steel, fiberglass and aluminum, (nonstructural, nonload bearing), provided such panels are factory fabricated and finished with a durable no fade surface and their fasteners are of a corrosion resistant design.

10.

Stucco, specially designed pre-cast concrete or synthetic stucco or comparable material (e.g. dryvit) units provided the surfaces have been integrally treated with an applied decorative material or texture.

11.

Smooth, painted or decorative concrete block provided each block is scored at least twice.

D.

No galvanized or unfinished steel, galvalum or unfinished aluminum structures (walls or roofs), except those specifically intended to have a corrosive design finish such as corten steel shall be permitted.

E.

Structures shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the community's public health, safety, and general welfare.

F.

All structure constructed of curtain wall panels of finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or pre-cast concrete panels on wall surfaces abutting the public right-of-way, residential uses, or public areas. The required wall surface treatment may allow a maximum of 50 percent of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design.

G.

Exceptions to the provisions of subdivision (8) of this section may be granted as a conditional use permit by the city council, provided that:

1.

The proposed structure maintains the quality and value intended by the Ordinance.

2.

The proposed structure is compatible and in harmony with other structures within the district.

(8)

Zoning lot, bulk and height regulations.

(Ord. No. 03-2016, §§ 6, 7, 5-16-2016; Ord. No. 10-2018, § 4, 6-4-2018; Ord. No. 10-2024, § 3, 12-16-2024)

(1)

Intent. To preserve significant natural features and amenities such as lakes, rivers, marshes, steep hills and extensive woodlands in their natural state in order to assure continuation of the existing natural drainage system, to prevent harmful soil erosion, to maintain ecological balance and to assure their permanent use for their natural functions as well as for enjoyment by the general public.

(2)

Permitted uses.

A.

Public parks and recreation areas.

B.

Customary accessory uses incidental to the foregoing permitted uses.

C.

Resource conservation.

D.

Essential services.

(3)

Conditional uses. None.

(1)

Intent. To encourage the provision of a wide range of social, cultural, recreational and infrastructure services to city residents and businesses that are compatible with adjacent land uses yet accessible to the public. To provide space for public, semi-public and public service uses and facilities that provide benefit to the community. These types of uses are sited within the community based upon where the given use is needed and are viewed as being within the public interest and supporting the needs for the given land uses guided within the comprehensive plan; and as such this zoning district is considered compatible with any land use guidance designated in the comprehensive plan.

(2)

Permitted uses.

A.

Public parks, playgrounds, athletic and recreational fields and related structures.

B.

Essential services.

C.

Public or semi-public structures, such as but not limited to: government offices, post offices, fire stations, public works structures, well houses, community centers, libraries and non-profit museums; public educational institutions limited to elementary, junior high and senior high schools.

D.

Cemeteries or memorial gardens.

E.

Signs as regulated by section 50-93 of this Ordinance.

F.

Customary accessory use.

G.

Building-integrated solar energy systems, accessory to the principal use on the property.

H.

Building-mounted solar energy systems, accessory to the principal use on the property.

I.

Community solar energy system in accordance with section 50-99.

(3)

Zoning lot requirements and standards.

(Ord. No. 01-2018, § 2, 2-5-2018; Ord. No. 10-2018, § 5, 6-4-2018)

(1)

Intent. To provide land for development of commercial activities adjacent to Trunk Highway 212.

(2)

Uses allowed. This section sets forth the uses that are allowed in the freeway commercial (FC) district. If a use is not shown as a permitted, conditional or accessory use, it shall not be permitted. No uses may be permitted except on a lot within a plat.

A.

Permitted uses.

1.

Permitted uses in the freeway commercial (FC) business district include retail sales (except as limited in this subdivision), personal service businesses and essential services.

2.

Developments with the potential to construct over 50,000 square feet of floor area if rezoned to have a planned commercial development (PCD) overlay as regulated by section 50-70.

3.

Retail sales or personal service businesses involve the repairing of motor vehicles, such repairs shall be limited to incidental repairs to and replacement of parts and motor services for motor vehicles not exceeding 12,000 pounds gross weight and licensed recreational vehicles of any size, which work uses parts and goods in stock and sold on the premises. Vehicles parked outside and awaiting service shall be considered as outdoor storage, and therefore shall be screened from public rights-of-way and from neighboring properties.

4.

Cannabis retailers, provided, however, that a parcel containing a cannabis retailer may not be located within 1,000 feet of any parcel containing a school or 500 feet of any parcel containing a daycare. Additionally, a cannabis retailer may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products except between the hours of 10:00 a.m. and 10:00 p.m. daily.

5.

Lower-potency hemp edible retailers.

B.

Accessory uses.

1.

Outdoor sales and display as an accessory use and meeting the following conditions:

i.

Such activities shall be at least 200 feet from any residentially zoned property unless separated by an arterial street.

ii.

Outdoor sales or storage shall not be the principal use of the property. Car and boat dealerships and similar retail uses are specifically prohibited.

iii.

Such activities shall be limited to those items which require an out-of-doors location, such as, by way of example, living plants, automotive fuel, and any item which because of large volume or weight is more easily housed out-of-doors and is more convenient to the purchaser in an outdoor location, such as vending machines, salt, fertilizer, peat moss and cement, but not including items such as motor oil, fuel additives, batteries, or cartons or cases of soft drinks.

iv.

On property located within this zoning district, temporary outdoor sales events may be conducted twice each calendar year for periods not to exceed ten days each without having to conform to the provisions of subsections i. and iii. of this subsection.

v.

On property located in this zoning district, temporary outdoor sales of seasonal products such as, but not limited to, Christmas trees or farm produce may also be conducted for periods not exceeding six weeks per calendar year (up to 24 weeks per calendar year for nursery plants or farm produce) so long as adequate paved off-street parking is provided and permanent sanitary facilities are available to sales personnel provided that the period may be extended by the zoning administrator for a reasonable period.

2.

Structures necessary for the operation of essential services.

3.

Signs in accordance with section 50-93.

4.

Private antennas and towers in compliance with article Section 1270.

5.

Geothermal systems.

6.

Building-integrated solar energy systems, accessory to the principal use on the property.

7.

Building-mounted solar energy systems in accordance with section 50-99.

8.

Community solar energy system in accordance with section 50-99.

C.

Conditional uses. Certain uses may be permitted with conditions in the freeway commercial district, subject to meeting the conditions for the use specified in article VI and issuance of a conditional use permit by the city council. Conditional uses in the FC district are as follows:

1.

Pawnshops.

2.

Payday loan agency and Currency Exchange.

3.

Firearm sales, excluding firearm sales that are an incidental portion of the sales for a single retailer operating a store with retail floor area of at least 100,000 square feet for which firearm sales shall be considered a permitted use.

4.

Production brewery.

5.

Brew pub.

(3)

Zoning lot requirements and setbacks; structure requirements; standards for specific uses.

A.

Zoning lot requirements, setbacks and structure requirements. All uses of whatever nature located in the freeway commercial (FC) district shall comply with the following standards, subject to additional requirements, exceptions and modifications set forth in this chapter. Development in this district shall not be allowed without public sewer and water.

1.

Minimum zoning lot area: One acre.

2.

Setbacks:

a.

From city street right-of-way: 30 feet.

b.

From county or state right-of-way: 50 feet.

c.

From side zoning lot lines: 20 feet.

d.

From rear zoning lot lines: 20 feet.

e.

From residentially zoned property: 100 feet, unless separated by a street.

B.

Structure exteriors. The exteriors of all structures located in the freeway commercial (FC) district shall consist of brick, stone, glass, stucco, fiber cement siding or any combination thereof, or decorative material approved by the city council, including, but not limited to, decorative masonry, but not including such things as plain basement block or metal. The city council shall be responsible for reviewing structure designs and exterior materials and for making recommendations regarding structure designs and exterior materials with regard to all structures governed by this subsection, and shall be responsible for reviewing and making recommendations concerning alternate exterior materials.

C.

Business to be conducted inside structure; exceptions. All business permitted in this district shall be conducted in a structure, with the exception that permissible accessory uses and drive-through facilities as regulated by this division shall be permitted.

D.

Minimum structure size. The minimum structure size allowed on a zoning lot in the freeway commercial (FC) district shall be 3,000 square feet.

E.

Parking facilities. All parking facilities provided shall conform with the standards established in section 50-88.

F.

Loading facilities. Loading facilities shall meet the standards set forth in section 50-89.

G.

Access. Zoning lots of less than five acres in area shall not receive access directly from any collector or arterial street.

H.

Planned commercial developments (PCD). Any development consisting of one or more zoning lots owned or improved by the same person simultaneously and designed or required to contain at least 50,000 square feet of building floor area shall be developed as a planned commercial development pursuant to section 50-70. Any development containing less than 50,000 square feet of floor area may be developed as a planned commercial development if specifically requested by the developer.

I.

Drive-through and convenience food establishments. Convenience food establishments and other businesses with drive-through facilities shall have the drive-thru lanes and facilities be set back: (i) at least 300 feet from residential property as measured from the nearest property line, or (ii) across an arterial or collector street from such residential property.

J.

Motor fuel stations. Any use which involves the dispensing of motor fuel to members of the general public for immediate consumption shall not be located on any zoning lot which directly abuts residential land.

(Ord. No. 03-2016, §§ 4, 5, 5-16-2016; Ord. No. 02-2017, § 5, 2-21-2017; Ord. No. 10-2018, §§ 6, 7, 6-4-2018; Ord. No. 10-2024, § 4, 12-16-2024)

(1)

Intent. To provide land for development of commercial activities in areas that are not adjacent to Trunk Highway 212 or within the Carver Historic District.

(2)

Uses allowed. This section sets forth the uses that are allowed in the general commercial (GC) district. If a use is not shown as a permitted, conditional or accessory use, it shall not be permitted. No uses may be permitted except on a lot within a plat.

A.

Permitted uses.

1.

Permitted uses in the general commercial (GC) business district include retail sales, personal service businesses and essential services.

2.

Developments with the potential to construct over 50,000 square feet of floor area if rezoned to have a planned commercial development (PCD) overlay as regulated by section 50-70.

3.

Retail sales or personal service businesses involve the repairing of motor vehicles, such repairs shall be limited to incidental repairs to and replacement of parts and motor services for motor vehicles not exceeding 12,000 pounds gross weight and licensed recreational vehicles of any size, which work uses parts and goods in stock and sold on the premises. Vehicles parked outside and awaiting service shall be considered as outdoor storage, and therefore shall be screened from public rights-of-way and from neighboring properties.

B.

Accessory uses. The following are permissible accessory uses in a general commercial (GC) district:

1.

Outdoor sales and display as an accessory use and meeting the following conditions:

i.

Such activities shall be at least 200 feet from any residentially zoned property unless separated by an arterial street.

ii.

Outdoor sales or storage shall not be the principal use of the property. Car and boat dealerships and similar retail uses are specifically prohibited.

iii.

Such activities shall be limited to those items which require an out-of-doors location, such as, by way of example, living plants, automotive fuel, and any item which because of large volume or weight is more easily housed out-of-doors and is more convenient to the purchaser in an outdoor location, such as vending machines, salt, fertilizer, peat moss and cement, but not including items such as motor oil, fuel additives, batteries, or cartons or cases of soft drinks.

iv.

On property located within this zoning district, temporary outdoor sales events may be conducted twice each calendar year for periods not to exceed ten days each without having to conform to the provisions of subsections i. and iii. of this subsection.

v.

On property located in this zoning district, temporary outdoor sales of seasonal products such as, but not limited to, Christmas trees or farm produce may also be conducted for periods not exceeding six weeks per calendar year (up to 24 weeks per calendar year for nursery plants or farm produce) so long as adequate paved off-street parking is provided and permanent sanitary facilities are available to sales personnel provided that the period may be extended by the zoning administrator for a reasonable period.

2.

Structures necessary for the operation of essential services.

3.

Signs in accordance with section 50-93.

4.

Private antennas and towers in compliance with Section 1270.

5.

Geothermal systems.

6.

Building-integrated solar energy systems, accessory to the principal use on the property.

7.

Building-integrated solar energy systems, accessory to the principal use on the property.

8.

Community solar energy system in accordance with section 50-99.

C.

Conditional uses. Certain uses may be permitted with conditions in the general commercial district, subject to meeting the conditions for the use specified in article VI and issuance of a conditional use permit by the city council. Conditional uses in the GC district are as follows:

1.

Production brewery.

2.

Brew pub.

D.

Uses specifically excluded from this district:

1.

Pawnshops.

2.

Payday loan agency and Currency Exchange.

3.

Firearm sales, excluding firearm sales that are an incidental portion of the sales for a single retailer operating a store with retail floor area of at least 100,000 square feet for which firearm sales shall be considered a permitted use.

(3)

Zoning lot requirements and setbacks; structure requirements; standards for specific uses.

A.

Zoning Lot requirements, setbacks and structure requirements. All uses of whatever nature located in the general commercial (GC) district shall comply with the following standards, subject to additional requirements, exceptions and modifications set forth in this chapter. Development in this district shall not be allowed without public sewer and water.

1.

Minimum zoning lot area: One-half acre.

2.

Setbacks:

a.

From city street right-of-way: 30 feet.

b.

From county or state right-of-way: 50 feet.

c.

From side zoning lot lines: 20 feet.

d.

From rear zoning lot lines: 20 feet.

e.

From residentially zoned property: 75 feet, unless separated by a street.

3.

Landscaped area. Landscaping shall occupy at least the following minimum zoning lot area:

a.

Zoning lots adjacent to residentially zoned property, except a zoning lot having an area of more than ten acres and developed as a PCD: 30 percent.

b.

All other zoning lots: 25 percent.

B.

Structure exteriors. The exteriors of all structures located in the general commercial (GC) district shall consist of brick, stone, glass, stucco, hardiboard or any combination thereof, or a decorative material approved by the city council, including but not limited to, decorative masonry, but not including such things as plain basement block or metal. The city council shall be responsible for reviewing structure designs and exterior materials and for making recommendations regarding structure designs and exterior materials with regard to all structures governed by this subsection, and shall be responsible for reviewing and making recommendations concerning alternate exterior materials.

C.

Business to be conducted inside structure; exceptions. All business permitted in this district shall be conducted in a structure, with the exception that permissible accessory uses and drive-through facilities as regulated by this division shall be permitted.

D.

Minimum structure size. The minimum structure size allowed on a zoning lot in the general commercial (GC) district shall be 2,500 square feet.

E.

Parking facilities. All parking facilities provided shall conform with the standards established in section 50-88.

F.

Loading facilities. Loading facilities shall meet the standards set forth in section 50-89.

G.

Access. Zoning lots of less than five acres in area shall not receive access directly from any collector or arterial street.

H.

Planned commercial developments (PCD). Any development consisting of one or more zoning lots owned or improved by the same person simultaneously and designed or required to contain at least 50,000 square feet of building floor area shall be developed as a planned commercial development pursuant to section 50-70. Any development containing less than 50,000 square feet of floor area may be developed as a planned commercial development if specifically requested by the developer.

I.

Drive-through and convenience food establishments. All portions of convenience food establishments and other businesses with drive-through facilities shall be set back at least 300 feet from residential property as measured from the nearest property line or across an arterial or collector street from such property.

J.

Motor fuel stations. Any use which involves the dispensing of motor fuel to members of the general public for immediate consumption shall not be located on any zoning lot which directly abuts residential land.

(Ord. No. 03-2016, §§ 8, 9, 5-16-2016; Ord. No. 02-2017, § 6, 2-21-2017; Ord. No. 10-2018, §§ 8, 9, 6-4-2018)

(1)

Purpose.

A.

A planned commercial development (PCD) is intended to allow variation from the strict literal provisions of this chapter, including, but not limited to, requirements relating to setbacks, height, zoning lot area, width, depth, and yards. If a proposed development is approved by the city as a PCD as provided in this section, then the dimensions of the PCD as approved shall be deemed to be in compliance with all of the requirements of this chapter, including but not limited to, setbacks, height, floor area, zoning lot area, zoning lot width, zoning lot depth, landscaping, signage and yards.

B.

A PCD may be voluntary or required as specified in the freeway commercial (FC) or general commercial (GC) zoning districts. A PCD shall allow all uses permitted in the underlying FC zoning district. A PCD may not permit uses that are not allowed in the underlying zoning district.

C.

A PCD is intended to result in a development in which the resulting development provides amenities and appearance of a higher quality than could otherwise have been achieved through strict enforcement of the dimensional requirements of other applicable sections of this chapter. A PCD will not be permitted unless the applicant demonstrates that the development would be consistent with the spirit and intent of the city's comprehensive plan, that the development would be consistent with the spirit and intent of this chapter, and that the Development would tend to accomplish the following objectives for PCDs:

1.

The preservation and enhancement of desirable site characteristics such as natural topography and geographic features, and the protection of natural vegetation and water features;

2.

An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering public investments;

3.

A development pattern in harmony with the objectives of the city's comprehensive plan; and

4.

A more desirable environment than would be possible through the strict application of the zoning and subdivision regulations of the city.

D.

A PCD may allow variation from the strict literal provisions of this chapter, including but not limited to, requirements relating to setbacks, height, floor area, zoning lot area, width, depth, signage and yards.

(2)

General standards.

A.

Inapplicability of variance provisions. The provisions of section 50-40(6) relating to variations shall apply to this section. If a PCD is approved, the approving resolution constitutes the zoning regulations for the PCD.

B.

Ownership. An application for PCD approval must be filed by the owner or owners and developer of the subject property included in the application. The application and all submissions must be directed to the development of the property as a unified whole in applications involving multiple parcels. The city may require as a condition precedent to approval of a PCD that parcels not owned by the applicant be included in the PCD and it shall be the responsibility of the applicant to obtain the consent of the owners of the other parcels. In the case of multiple ownership, the PCD plan approved by the city council and PCD agreement shall be binding on all owners.

C.

Open space. A PCD is intended to preserve and concentrate open space. This can be done by either creating common open areas or by reserving specific amounts of open space on each zoning lot. The open space requirements of this section shall be in addition to any public park dedication required by Chapter 42 [The subdivision chapter is not currently codified as the city will be updating it.]. PCDs shall result in a maximum of 75 percent coverage of the land outside public rights-of-way with impermeable surfaces.

D.

Operating and maintenance requirements for common open space and facilities. Whenever common open space or service facilities are provided within the PCD, the PCD plan shall contain provisions to ensure the continued operation and maintenance of such open space and service facilities to a reasonable standard predetermined by the city. Common open space and service facilities within a PCD may be placed under the ownership of one or more of the following, as approved by the city council:

1.

The public, by dedication, where community-wide use is anticipated and the city council agrees to accept the dedication. Ownership by the public of required open space shall not satisfy park dedication requirements under Chapter 42 [The subdivision chapter is not currently codified as the city will be updating it.].

2.

Landlord control, where only use by tenants is anticipated.

3.

An association, provided all of the following conditions are met:

i.

Prior to the conveyance, use, occupancy or sale or the execution of contracts for sale of an individual structure unit, parcel, tract, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by conditions and restrictions or an equivalent document or a document such as specified by M.S.A. § 515A.105 or other applicable law, and, if determined by the city to be applicable, a set of floor plans such as specified by such statute shall be submitted to the city and is subject to the review and approval of the city attorney prior to the filings of the declaration or document or floor plans with the recording officers of the county.

ii.

The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting structures, units, parcels, or tracts shall subject the properties to the terms of the declaration. The declaration or equivalent document must be recorded with the Carver County Recorder or Registrar of Titles.

iii.

The declaration of covenants or equivalent document shall provide that an owner's association shall be formed and that all owners shall be members of the association or corporation, which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

iv.

The declaration shall additionally, among other things, provide that, if the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and if the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property it's pro rata share of such expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.

v.

Membership must be mandatory for each zoning lot owner and any successive buyer.

vi.

The open space restrictions must be permanent and not for a given period of years.

vii.

The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

viii.

A property owner must pay his pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state statutes.

ix.

The association must be able to adjust the assessment to meet changed needs.

x.

The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the city attorney prior to recording of the documents.

E.

Staging of public and common open space. When a PCD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PCD as the stages or units completed or under development bear to the entire PCD.

F.

Utilities to be installed underground. In any PCD, all utilities, including but not limited to, telephone, electricity, gas and cable, shall be installed underground.

G.

Water and sewer connections.

a.

Water connections. Where more than one unit is served from the same service line, a shut-off valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shut-off at the street.

b.

Sewer connections. Where a unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association or owner.

c.

For the purpose of this section, unit shall mean any division of a structure or structures that is leased or owned by an individual, corporation or other entity.

(3)

Submission requirements. The following exhibits, analyses and plans shall be submitted to the city during the PCD process, together with the required fees as established in the city fee schedule. Each stage referred to in this section shall be the subject of a separate application, and the information submitted for each stage shall be considered a separate written request by the applicant for purposes of M.S.A. § 15.99.

A.

Concept stage.

1.

Information required for applications:

i.

The owner's name and address and interest in the subject property.

ii.

The applicant's name and address if different from the owner.

iii.

The names and addresses of all professional consultants who have contributed to the development of the PCD plan being submitted, including the attorney, land planner, landscape architect, engineer and surveyor.

iv.

Evidence that the applicant has sufficient control over the subject property to effectuate the interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the city attorney may require to show the status of title or control of the subject property.

2.

Present status:

i.

The address and legal description of the subject property.

ii.

A map depicting the existing zoning category and present use of the subject property and all land within 1,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 200 feet of the subject property.

3.

A written statement generally describing the proposed PCD and the market which it is intended to serve, its relations to the city's comprehensive plan, and how the proposed PCD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

4.

A written statement describing the city goals to be accomplished by the PCD and the way the development accomplishes them. The statement shall also explain why the proposed PCD better meets the city goals than the zoning standards.

5.

Graphic reproductions of the existing site conditions at a scale of no more than 100 feet to the inch. All of the graphics should be at the same scale as the final plan to allow easy cross reference. The site condition graphics shall include:

i.

Contours at a minimum two-foot intervals.

ii.

Location, type, and extent of tree cover.

iii.

Slope analysis.

iv.

Location and extent of water bodies, wetlands and streams and floodplains within 300 feet of the subject property. Preliminary wetland sequencing and replacement plans pursuant to federal, state and local laws and codes shall be provided and shall be accompanied by quantified wetland impact data.

v.

Significant rock outcroppings.

vi.

Existing drainage patterns.

vii.

Vistas and significant views.

viii.

Soil conditions which affect development.

6.

Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, and other land uses.

7.

A tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

i.

Area devoted to common open space.

ii.

Area devoted to public open space.

iii.

Approximate area devoted to streets.

iv.

Approximate area, and floor area, devoted to commercial uses.

v.

Approximate area, and floor area, devoted to industrial or office use.

8.

When the proposed PCD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by an association, copies of the proposed articles of incorporation, bylaws, and declaration of covenants of such association shall be submitted.

9.

General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PCD.

10.

Schematic utilities plans indicating placement of water lines and sanitary and storm sewers.

The zoning administrator may excuse an applicant from submitting any specific item of information or document required at the concept stage which it finds to be unnecessary to the consideration of the specific proposal for PCD approval. The planning commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PCD or any aspect thereof.

B.

Development stage. Development stage submissions shall depict and outline the proposed implementation of the concept stage for the PCD and shall not be submitted until the concept plan has been approved by the city council pursuant to section 50-70(4). Information from the concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:

1.

Plans, drawn to a scale of not less than one inch equals 100 feet (or the scale requested by the zoning administrator), containing at least the following information:

i.

The proposed name of the development, which shall not duplicate or be similar in pronunciation to the name of any plat theretofore recorded in the county.

ii.

A site plan.

iii.

Location, designation and total area proposed to be conveyed or dedicated for open space.

iv.

Any other information that may have been required by the planning commission or city council in conjunction with the approval of the general concept plan.

2.

Grading and site alteration plans illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

3.

Preliminary plat.

4.

A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.

5.

Such other and further information as the planning commission, zoning administrator or council shall find necessary to a full consideration of the entire proposed PCD or any stage thereof.

6.

A cost reimbursement agreement and any application fee.

The zoning administrator may excuse an applicant from submitting any specific item of information or document required in this subsection which it finds to be unnecessary to the consideration of the specific application for PCD approval.

C.

Final plan stage. After approval of a concept plan for the PCD and approval of a development stage plan for all or a section of the proposed PCD, the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

1.

Proof of recording any easements and restrictive covenants prior to the sale of any zoning lot within the PCD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common property or service facility.

2.

All certificates, seals and signatures required for the dedication of land and recordation of documents.

3.

Final site plan.

4.

Final architectural working drawings of all structures.

5.

Final plat. The PCD agreement may include a provision to delay the recording of the final plat until a later date specified in the agreement.

6.

Final engineering plans and specifications for streets, utilities and other public improvements, together with a developer's agreement for the installation of such improvements and financial security for the completion of such improvements.

7.

Any other plan, agreements, or specifications necessary for the city staff to review the proposed construction.

The zoning administrator may excuse an applicant from submitting any specific item of information or document required in this subsection which it finds to be unnecessary to the consideration of the specific application for PCD approval.

(4)

Procedure for review and approval.

A.

Concept plan.

1.

Purpose. The concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

i.

General location of major streets and pedestrian ways.

ii.

General location and extent of public and common open space.

iii.

General location of land uses with approximate type and intensities of development.

iv.

Other special criteria for development.

2.

Schedule.

i.

The developer shall meet with the zoning administrator and/or other city staff to discuss the proposed development.

ii.

The developer shall submit the necessary data as required in subdivision 3.

iii.

After verification by the staff that the required plan and supporting data are adequate, the zoning administrator shall schedule the concept plan for a regular meeting of the planning commission.

iv.

A technical staff report shall be prepared on the proposed development, and distributed to the planning commission and the applicant prior to the meeting.

v.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

vi.

The planning commission shall submit its written report and recommendations to the council and applicant.

vii.

The concept plan shall be scheduled for a regular city council meeting for consideration by the council. The council shall make a decision to approve, approve with conditions, or deny the concept plan. City council approval shall require a positive vote by majority vote of the council membership.

3.

Optional submission of development stage plan. In cases of single-stage PCD's, or where the applicant wishes to begin the first stage of a multiple-stage PCD immediately, the applicant may, at his option, submit an application for development stage plan approval for the proposed PCD simultaneously with the submission of the application for concept plan approval. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the development stage plan. The planning commission and council shall consider such applications simultaneously and shall grant or deny development stage plan approval in accordance with the provisions of subsection B. of this section.

4.

Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage plans in subsection (4)B.4. below, or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a concept plan which has been approved shall not, by any action of the city taken without the consent of the applicant, be modified, revoked or otherwise impaired while the application for approval of development stage and final plans is pending.

5.

Limitation on concept plan approval. Unless a development stage plan covering at least 10,000 square feet of building area in a PCD has been filed within one year from the date the council grants concept plan approval or the date of the most recent development stage plan approval, or in any case where the applicant fails to file development stage plans and to proceed with development in accordance with the provisions of this chapter and of an approved concept plan, the approval, subject to the following, shall expire.

i.

At any time within 30 days before such deadline, the applicant may file with the zoning administrator a written request that the deadline be extended one year beyond the date the extension is granted.

ii.

The zoning administrator shall place the applicant's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

iii.

Upon application by the applicant, the council, at its discretion, may extend the filing deadline for any development stage plan for one one-year period when, for good cause shown, such extension is necessary. Only one such extension may be made.

iv.

At the time of concept stage plan approval the council may modify the filing deadline with a simple majority vote.

B.

Development stage.

1.

Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan.

2.

Submission of development stage plan. Upon approval of the concept plan, and within the time established in subdivision (4)A.2. above, the Applicant shall file with the Zoning Administrator a development stage plan consisting of the information and submissions required by subdivision (3)B. above for the entire PCD or for one or more stages thereof, together with the fee required in Appendix A.

i.

The development stage plan shall refine, implement and be in substantial conformity with the approved concept plan.

ii.

A development stage plan shall be deemed not to be in substantial conformity with an approved concept plan if it:

1.

Decreases by more than five percent the area approved for public and common open space or changes the general location of such areas.

2.

Relocates approved circulation elements to any extent that would decrease their functionability, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.

3.

Significantly alters the arrangement of land uses within the PCD.

4.

Departs from the concept plan in any other manner which the planning commission shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PCD.

3.

Review and action by city staff and planning commission.

i.

Immediately upon receipt of a completed development stage plan, the zoning administrator shall forward the plan to other city staff for their review. City staff shall submit their reports in writing to the zoning administrator.

4.

Schedule.

i.

The developer shall meet with the zoning administrator and city staff to discuss specific development plans.

ii.

The applicant shall file a development stage application within one year after concept plan approval or any extension granted by the council, together with all supporting data and a filing fee as set forth in Appendix A or the concept plan approval is null and void.

iii.

After verification by the staff that the required plan and supporting data are adequate, the planning commission shall itself review the reports and plans and submit its written report and recommendations to the council and applicant.

iv.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development.

v.

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

vi.

The planning commission's report shall contain its findings with respect to the conformity of the development stage plan to the approved concept plan.

vii.

Should any changes be found to exist, the planning commission shall comment with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances.

viii.

If the planning commission shall find substantial conformity with the concept plan and the planning commission shall further find the development stage plan to be in all other respects complete and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it shall recommend approval of the plan. Otherwise, it shall recommend denial of approval.

ix.

The city council approving resolution shall require the city attorney to draw up an agreement ("PCD agreement") which stipulates the specific terms and conditions approved by the city council and such other items as required by the city attorney. The PCD agreement shall include financial security in an amount that is 25 percent greater than the city engineer's estimate for the completion of the public improvements, landscaping, buffers, construction inspection, final platting if not yet completed, and other items that are the subject of the improvements in the PCD agreement. The financial security shall be in a form approved by the city attorney. The PCD agreement shall be signed by the mayor, the city clerk and the applicant.

x.

Where the development stage plan is to be resubmitted or denied approval, the council action shall by written resolution set forth the reasons for its action.

xi.

In all cases, a certified copy of the document evidencing council action shall be promptly delivered to the applicant by the city.

5.

Limitation on development stage plan approval. Unless development has commenced or an application for final plat has been filed within one year from the date the council grants development stage plan approval, or within two years from the date the council approves the corresponding final plat for the area designated in the development stage plan as the first stage or the entire boundary of the corresponding development stage area of the PCD, or in any case where the applicant fails to proceed with development in accordance with the provisions of this chapter, the approval, subject to the following shall expire.

i.

At any time within 30 days before such deadline, the applicant may file with the zoning administrator a written request that the deadline be extended one year beyond the date the extension is granted.

ii.

The zoning administrator shall place the applicant's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

iii.

The council at its discretion may grant the extension, for not more than one year, for, when good cause shown, such extension is necessary.

iv.

Only one such extension may be made.

v.

In any case where development stage plan approval expires, the council may forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PCD.

6.

Site improvements. At any time following the approval of a development stage plan by the council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the city engineer may issue, grading permits for the area within the PCD for which development stage plan approval has been given.

7.

Schedule. Upon approval of the development stage plan, the applicant shall file with the zoning administrator necessary applications, permits and agreements consistent with the development stage plan approval for construction and completion of the project.

8.

Issuance of building permits and other permits. Except as otherwise expressly provided in this chapter, upon receiving notice from the zoning administrator that the approved development stage plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved development stage plan; provided, however, that so such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

9.

Inspections during development.

i.

Following approval of a PCD, or a stage thereof, the zoning administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

ii.

If the zoning administrator finds that development fails in any respect to comply with the PCD plans or PCD agreement as approved, he or she shall immediately notify the council and may use all remedies available under law to ensure compliance with the PCD plans and PCD agreement.

C.

Final stage.

1.

Purpose. The purpose of the final stage plan is to review construction and legal documents prior to issuance of the building permit(s).

2.

Submission of final stage plan. Upon approval of the development stage plan, and within the time established in subdivision (4)B.4. above shall file with the zoning administrator a final stage plan consisting of the information and submissions required by subdivision (3)C. above for the entire PCD or for one or more stages thereof, together with the fee required in Appendix A. The final stage plan shall refine the construction drawings, address conditions of development stage approval, and be in substantial conformance with the PCD agreement and approved development stage plans.

3.

Review and action by city staff.

i.

Immediately upon receipt of a completed final stage plan, the zoning administrator shall forward the plan to other city staff for their review. City staff shall submit their reports in writing to the zoning administrator. Following review and concurrence of staff that the final stage plan is in substantial conformance with the approved development stage plans and the PCD agreement, a building permit may be issued.