The location and boundaries established by this chapter are set forth on the zoning map which is hereby incorporated as part of this chapter. It shall be the responsibility of the Zoning Administrator to maintain and update this map and the amendments to the map shall be recorded within 30 days after official adoption of zoning amendments.

(Ord. passed 3-20-2002, § 5, sub. 2; Ord. 2023-03, passed 5-22-2023, § 22; Ord. 2023-07, passed 8-28-2023, § 12)

      (1)   Single-family detached dwellings;

      (2)   Playgrounds and parks; and

      (3)   Essential services.

      (1)   Planned unit developments (PUDs).

      (1)   Lot area: two and one-half acres;

      (2)   Lot width: 200 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 50 feet. In the case of corner lots, two front yards will be required;

         (b)   Side yards: not less than 20 feet on each side;

         (c)   Rear yards: not less than 35 feet; and

         (d)   Wetlands: not less than 30 feet from the ordinary high watermark.

      (4)   Impervious surface coverage shall not exceed 10% of the lot area; and

      (5)   Street address, visible from street, on front of structure.

      (1)   Home occupations, as regulated by § 154.064 of this chapter.

(Ord. passed 3-20-2002, § 5.5; Ord. 2023-03, passed 5-22-2023, § 8; Ord. 2024-03, passed 11-25-2024, § 2)

      (1)   Agriculture, including farm crops, and farm and agricultural related buildings* and structures (but not residential dwellings), subject to the state’s pollution control standards, but not including feedlots, manure spreading, livestock management or other commercial or industrial operations; and

      (2)   Essential services.

      * Farm and agriculture-related buildings existing (but not residential dwellings) at the time a property is first included in the Rural Service District may continue to be utilized for agricultural purposes. Existing buildings and structures may be repaired or replaced, if destroyed by wind or fire, but may not be expanded. No permit shall be granted to construct any new or additional buildings or structures.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this district include: none.

      (1)   Landscape nurseries or forest lands;

      (2)   Privately-owned recreational uses, such as golf courses, golf driving ranges and similar outdoor recreational activities that require relatively large amounts of land; and

      (3)   Maintenance and confinement of farm animals, which do not meet the definition of an “animal feedlot”.

(Ord. passed 3-20-2002, § 6; Ord. 2023-03, passed 5-22-2023, § 9)

      (1)   Single-family detached dwellings;

      (2)   Playgrounds and parks; and

      (3)   Essential services.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this district include: none.

         (a)   Religious institutions, conditioned on access being provided only off of a collector road.

      (1)   Lot area: 10,000 square feet for single-family dwellings;

      (2)   Lot width: 75 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 30 feet. In the case of corner lots, two front yards will be required;

         (b)   Side yards: not less than ten feet on each side:

            1.   Principal building: ten feet; and

            2.   Detached accessory structures: five feet if located in the rear yard.

         (c)   Rear yards: not less than 25 feet:

            1.   Principal building: 25 feet; and

            2.   Detached accessory structures: five feet.

      (4)   Street address, visible from street, on front of structure; and

      (5)   Signs:

         (a)   One nameplate sign for each dwelling not to exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces; and

         (b)   One nameplate sign for each permitted non-residential use or use by conditional use permit. The signs shall not exceed 12 square feet in area per surface and no sign shall be so constructed as to have more than two surfaces.

      (6)   Impervious surfaces: Not more than 40%.

      (1)   Home occupations, as regulated by § 154.064 of this chapter.

(Ord. passed 3-20-2002, § 7; Ord. 2023-03, passed 5-22-2023, § 10; Ord. 2023-07, passed 8-28-2023, § 2)

      (1)   Single-family detached dwellings;

      (2)   Playgrounds and parks; and

      (3)   Essential services.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this district include:

         (a)   Places of worship, conditioned on access being provided only off of a collector road; and

         (b)   Bed and breakfast facilities.

      (1)   Lot area: 7,500 square feet for single-family dwellings;

      (2)   Lot width: 65 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 30 feet.

         (b)   Corner: not less than 15 feet, provided no corner side facing garage shall be closer than 20 feet.

         (c)   Side yards: not less than 7.5 feet on each side:

            1.   Principal building: 7.5 feet; and

            2.   Detached accessory structures: five feet if located in the rear yard.

         (d)   Rear yards: not less than 25 feet:

            1.   Principal building: 25 feet; and

            2.   Detached accessory structures: five feet.

      (4)   Street address, visible from street, on front of structure; and

      (5)   Signs:

         (a)   One nameplate sign for each dwelling not to exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces; and

         (b)   One nameplate sign for each permitted non-residential use or use by conditional use permit. The signs shall not exceed 12 square feet in area per surface and no sign shall be so constructed as to have more than two surfaces.

      (6)   Impervious surfaces: Not more than 60%.

      (1)   Home occupations, as regulated by § 154.064 of this chapter.

(Ord. passed 3-20-2002, § 8; Ord. 2023-03, passed 5-22-2023, § 11; Ord. 2023-07, passed 8-28-2023, § 3)

      (1)   Single-family detached dwellings;

      (2)   Duplexes, twin homes and townhouses;

      (3)   Playgrounds and parks; and

      (4)   Essential services.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this District include:

         (a)   Manufactured home parks subject to the performance standards of this District.

      (1)   Lot area:

         (a)   Ten thousand square feet minimum lot size for two-family dwellings, duplexes and townhouses or manufactured home park; and

         (b)   Five thousand square feet per unit for single-family homes, each townhome, duplex, twinhome unit and manufactured home.

      (2)   Lot width: 55 feet for single-family, 50 for two-family unit lots, and 75 for all other uses;

      (3)   Setbacks:

         (a)   Front yards: not less than 30 feet;

         (b)   Corner: not less than 15 feet, provided no corner side facing garage shall be closer than 20 feet;

         (c)   Side yards: not less than five feet on each side; and

         (d)   Rear yards: not less than 25 feet:

            1.   Principal building: 25 feet; and

            2.   Detached accessory structures: five feet.

      (4)   Street address, visible from street, on front of structure; and

      (5)   Signs:

         (a)   One nameplate sign for each dwelling not to exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces; and

         (b)   One nameplate sign for each permitted non-residential use or use by conditional use permit. The signs shall not exceed 12 square feet in area per surface and no sign shall be so constructed as to have more than two surfaces.

      (6)   Impervious surfaces. Not more than 65%.

      (1)   Home occupations, as regulated by § 154.064 of this chapter.

(Ord. 2023-03, passed 5-22-2023, § 12; Ord. 2023-07, passed 8-28-2023, § 4)

      (1)   Multiple-family dwellings (apartments) with four or more units;

      (2)   Townhouses;

      (3)   Playgrounds and parks; and

      (4)   Essential services.

      (1)   Conditional uses in this District are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this District include:

         (a)   Public or semi-public recreational or community buildings;

         (b)   Places of worship, conditioned on access being provided only off of a collector road;

         (c)   Manufactured home parks subject to the performance standards of the R-3 District;

         (d)   Nursing homes/assisted living facilities;

         (e)   Chemical dependency treatment centers; and

         (f)   Public or private schools.

      (1)   Minimum lot area: 12,000 square feet;

      (2)   Minimum lot area per unit: 2,500 square feet for each apartment dwelling unit or 3,000 square feet for each townhome unit/manufactured home in a manufactured home park;

      (3)   Lot width: 100 feet;

      (4)   Setbacks:

         (a)   Front yards: not less than 30 feet. In the case of corner lots, two front yards will be required;

         (b)   Side yards: not less than ten feet on each side or 25 feet from a public right-of- way; and

         (c)   Rear yards: not less than 25 feet.

      (5)   Street address, visible from street, on front of structure; and

      (6)   Signs:

         (a)   One nameplate sign for each dwelling not to exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces; and

         (b)   One nameplate sign for each permitted non-residential use or use by conditional use permit. The signs shall not exceed 12 square feet in area per surface and no sign shall be so constructed as to have more than two surfaces.

      (7)   Impervious surface maximum: 50%.

      (1)   Home occupations, as regulated by § 154.064 of this chapter.

(Ord. 2023-03, passed 5-22-2023, § 13; Ord. 2023-07, passed 8-28-2023, § 5)

      (1)   Essential services;

      (2)   Out-patient health or mental health providers limited to physical therapy, therapeutic massage, chiropractors, dentists, orthodontia, oral surgeons and opticians;

      (3)   Personal services limited to barber/beauty shops and nail and tanning salons;

      (4)   Professional, administrative or clerical service operations including, but not limited to, attorneys, accounts, financial advisors, consulting, insurance, travel and real estate;

      (5)   Production of art and craft products and on-premises retail sales of those products and related products including, but not limited to, painting, decorating and photography studios;

      (6)   Repair services limited to jewelry and small electronic appliance/computer repair shops, but not auto repair; and

      (7)   Tailoring services.

      (1)   Accessory buildings and uses incidental and customary to uses allowed as permitted, conditional, interim and administratively permitted in this chapter;

      (2)   Fences as regulated by § 154.073 of this chapter;

      (3)   Signs as regulated by §§ 154.160 through 154.170 of this chapter; and

      (4)   Off-street parking and loading as regulated by § 154.067 of this chapter.

      (1)   Retail commercial activities.

      (2)   Mixing of residential and business uses within one principal building; provided that:

         (a)   The residential and non-residential uses shall not conflict in any manner;

         (b)   There shall be separate entrances for residential and business uses; and

         (c)   Residential uses shall comply with the off-street parking requirements of § 154.067 of this chapter.

      (3)   Bed and breakfast facilities;

      (4)   Coffee, tea and small cafés; provided that:

         (a)   No roasting is conducted on site;

         (b)   Business hours shall be limited to 7:00 a.m. to 10:00 p.m.;

         (c)   No exhaust or ventilation may be directed to adjacent residential uses; and

         (d)   The facility contains no drive-through service.

      (5)   Production of art and craft products with the potential for negative impacts including noise, vibration and odor such as, but not limited to, sculpture, ceramic/pottery works, furniture and candle making, and the on-premises retail sales of those products and related products; provided that:

         (a)   No exhaust or ventilation may be directed to adjacent residential uses; and

         (b)   Adequate measures are installed to mitigate sound.

      (6)   Two non-residential uses on the same property; provided that, there is very little or no parking demand or traffic associated with one of the non-residential uses;

      (7)   On- and off-sale liquor establishments;

      (8)   Convenience food establishments;

      (9)   Restaurants; and

      (10)   Breweries with taprooms/distilleries with cocktail rooms.

      (1)   Outdoor storage;

      (2)   Outdoor sales;

      (3)   Auto-oriented uses;

      (4)   Fuel sales;

      (5)   More than one detached single-family home;

      (6)   Warehousing and storage uses, except as an accessory use as permitted in this district; and

      (7)   Drive through lanes.

      (1)   Lot area: 8,700 square feet;

      (2)   Lot width: 65 feet;

      (3)   Setbacks:

         (a)   Front yards: ten feet. In the case of corner lots, two front yards will be required;

         (b)   Interior side yards: ten feet if the adjacent property is zoned for residential use, otherwise no side yard is required; and

         (c)   Rear yards: ten feet.

      (4)   All trash and recycling containers shall comply with screening requirements of § 154.071 of this chapter;

      (5)   Landscaping: parcels with non-residential uses shall be landscaped with at least two deciduous shade trees per 50 lineal feet of public right-of-way frontage. Ornamental trees and/or shrubs may be substituted for shade trees at the rate of three to one (3:1). Landscaping shall be placed within the required ten-foot setback adjacent to public right-of-way;

      (6)   Maximum building/impervious surface coverage: 75%;

      (7)   New construction:

         (a)   Exterior building materials: the exterior walls of all new structures shall be surfaced with any of the following materials: brick; stone; rock faced block; stucco; EIFS; wood; fiber cement and glass; or other materials as approved through the site plan approval process and shall be reasonably compatible with adjacent properties;

         (b)   Off-street parking spaces for businesses shall not be located between the principal structure and Hester Street; and

         (c)   Buildings shall be oriented, including front doors, to Hester Street.

      (8)   All business use must be conducted in the principal structure.

(Ord. passed 3-20-2002, § 9; Ord. 2023-03, passed 5-22-2023, § 14)

      (1)   Parks, trails, playfields, playgrounds and directly related buildings and structures in the City only;

      (2)   Public civic or cultural buildings, such as libraries, public administration buildings, fire stations, Police Department buildings and historical developments in the City only;

      (3)   Governmental utility buildings, public maintenance buildings and structures necessary for the health, safety and general welfare of the community in the City only;

      (4)   Essential services;

      (5)   Storm water management facilities;

      (6)   Public docks, boat landings and boat launch areas; and

      (7)   Swimming pools, tennis courts and other recreational facilities.

      (1)   Accessory uses and buildings incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this chapter;

      (2)   Fences as regulated by § 154.073 of this chapter;

      (3)   Off-street parking as regulated by § 154.067 of this chapter;

      (4)   Secondary or accessory use antennas or satellites as regulated by § 154.063 of this chapter; and

      (5)   Signs as regulated by §§ 154.160 through 154.170 of this chapter.

      (1)   Antennas: personal wireless service antennas and telephone antennas not located on an existing structure or tower, as regulated by § 154.191 of this chapter;

      (2)   Automobile parking lots as a principal use; provided that, the parking lot shall be subject to the requirements for off-street parking established by § 154.067 of this chapter;

      (3)   Cemeteries;

      (4)   Day care facilities as a principal or accessory use, except as otherwise allowed for by this chapter; provided that, the use complies with the provisions of § 154.071 of this chapter;

      (5)   Essential services;

      (6)   Governmental and public regulated utility buildings, public maintenance buildings and structures necessary for the health, safety and general welfare of the community, other than City;

      (7)   Parks and recreational areas owned or operated by public bodies other than the City; and

      (8)   Public civic auditoriums, indoor recreation centers, arenas or other facilities both City or other government unit with an event seating capacity of more than 300 persons; provided that, access to the facility shall be provided only from a major collector or arterial street.

      (1)   Parks, trails, playfields and playgrounds:

         (a)   Lot area: none;

         (b)   Lot width: none;

         (c)   Setbacks (structures only):

            1.   Front yards: 30 feet;

            2.   Rear yards: 30 feet; and

            3.   Side yards: ten feet; 30 feet abutting an R District or public right-of-way.

         (d)   Maximum building height: 35 feet.

      (2)   All other uses:

         (a)   Lot area: 20,000 square feet;

         (b)   Lot width: 100 feet;

         (c)   Setbacks:

            1.   Front yards: 30 feet;

            2.   Rear yards: 30 feet; and

            3.   Side yards: ten feet; 30 feet abutting an R District or public right-of-way.

         (d)   Maximum building height: 35 feet.

         (e)   Impervious surface maximum: 35%.

(Ord. passed 3-20-2002, § 11; Ord. 2023-03, passed 5-22-2023, § 15)

      (1)   Bakeries;

      (2)   Financial institutions;

      (3)   Barber shops and beauty parlors;

      (4)   Commercial and professional offices;

      (5)   Convenience food establishments;

      (6)   Dry cleaning (pick up and drop off locations) and self-service laundry establishments;

      (7)   Drug stores;

      (8)   Essential services;

      (9)   Grocery stores;

      (10)   Hardware, paint and building material sales (in enclosed buildings only);

      (11)   Medical and dental offices and clinics;

      (12)   On- and off-sale liquor establishments;

      (13)   Repair services such as, but not limited to, jewelry, radio and television repair shops;

      (14)   Public/government offices;

      (15)   Restaurants;

      (16)   Retail merchandising establishments similar, but not limited, to those above;

      (17)   Hotels; and

      (18)   Brewery with taproom/distillery with cocktail room.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening from abutting residential uses and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this district include:

         (a)   Commercial developments undertaken by two or more property owners in which the extension of an existing structure is proposed or a structure spans more than one lot. Side yards shall not be required in these cases unless the side yard abuts residentially zoned property or a public road. Side yard requirements specified below shall apply in these areas;

         (b)   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community;

         (c)   Apartments as an integral part of commercial structures and which are located on the upper floors of the structure;

         (d)   Production of art and craft products and on-premises retail sales of those products and related products.

      (1)   Lot width: 50 feet;

      (2)   Setbacks for all yards: 25 feet where abutting a residential district, otherwise there is no minimum setback, a permissible zero-lot-line setback, and a ten-foot maximum setback to a public right-of-way;

      (3)   Maximum size: 25,000 square feet for any retail building in this district; and

(Ord. passed 3-20-2002, § 12; Ord 2019-08, passed 10-14-2019, § 1; Ord. 2023-03, passed 5-22-2023, § 16, Ord. 2023-07, passed 8-28-2023, §§ 6, 7)

      (1)   All uses permitted within the B-1A District;

      (2)   Apartments; and

      (3)   Townhomes.

      (1)   Conditional uses in this District are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening from abutting residential uses and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter; and

         (d)   Any other conditions deemed to be necessary to reduce possible adverse impacts by the development, as determined by the Planning Commission or City Council.

      (2)   Conditional uses in this District include:

         (a)   Commercial developments undertaken by two or more property owners in which the extension of an existing structure is proposed or a structure spans more than one lot. Side yards shall not be required in these cases unless the side yard abuts residentially zoned property or a public road. Side yard requirements specified below shall apply in these areas;

         (b)   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community; and

         (c)   Production of art and craft products and on-premises retail sales of those products and related products.

      (1)   Lot width: 75 feet;

      (2)   Setbacks for all yards: 25 feet where abutting a residential district, otherwise there is no minimum setback, a permissible zero-lot-line setback, and a ten-foot maximum setback to a public right-of-way;

      (3)   Maximum size: 25,000 square feet for any retail building in this District; and

      (5)   Impervious surface maximum: 90%.

(Ord. 2023-03, passed 5-22-2023, § 17)

      (1)   Day care center;

      (2)   Retail centers and commercial office buildings. Development of individual and/or groups of buildings that are 80,000 square feet (individually and cumulatively) and larger require zoning as PUD. Expansions of existing buildings over 80,000 square feet or expansions resulting in buildings that are 80,000 square feet (individually and cumulatively) also require zoning as a PUD. The projects will be evaluated based on the design guidelines in §§ 154.115 through 154.128 of this chapter;

      (3)    All permitted uses allowed in the B-1A District; and

      (4)   Day care center.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required; and

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter.

      (2)   Conditional uses in this district include:

         (a)   Commercial developments undertaken by two or more property owners in which the extension of an existing structure is proposed, a new structure is proposed, or a structure spans more than one lot. Side yards shall not be required (a zero lot line setback) in these cases unless the side yard abuts residentially zoned property or a public road. Side yard requirements specified below shall apply in these areas;

         (b)   Accessory adult uses as defined in Ch. 117 of this code;

         (c)   Motor fuel station;

         (d)   Auto sales;

         (e)   Car wash; and

         (f)   Auto repair facility - minor.

      (1)   Lot area: 15,000 square feet;

      (2)   Lot width: 75 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 25 feet. In the case of corner lots, two front yards will be required.

         (b)   Side yards: not less than ten feet on each side, except where there is a permissible zero lot line setback pursuant to division (D)(2)(a) above or 25 feet when abutting a public right-of-way or a residential district; and

         (c)   Rear yards: not less than 25 feet.

      (4)   Impervious surface maximum: 65%.

(Ord. passed 3-20-2002, § 13; Ord. 2017-01, passed 3-27-2017; Ord. 2019-01, passed 1-28-2019, § 1; Ord. 2023-03, passed 5-22-2023, § 18; Ord. 2023-07, passed 8-28-2023, §§ 8 - 10)

      (1)   Adult education/vocational schools;

      (2)   Banquet halls/conference centers;

      (3)   Club or lodge;

      (4)   Commercial recreation - indoor;

      (5)   Day care center;

      (6)   Funeral home;

      (7)   Library;

      (8)   Theater;

      (9)   Retail centers and commercial office buildings. Development of individual and/or groups of buildings that are 80,000 square feet (individually and cumulatively) and larger require zoning as PUD. Expansions of existing buildings over 80,000 square feet or expansions resulting in buildings that are 80,000 square feet (individually and cumulatively) also require zoning as a PUD. The projects will be evaluated based on the design guidelines in §§ 154.115 through 154.128 of this chapter; and

      (10)   All permitted uses allowed in the B-1A District.

      (1)   Conditional uses in this District are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required; and

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter.

      (2)   Conditional uses in this District include:

         (a)   Commercial developments undertaken by two or more property owners in which the extension of an existing structure is proposed, a new structure is proposed, or a structure spans more than one lot. Side yards shall not be required (a zero lot line setback) in these cases unless the side yard abuts residentially zoned property or a public road. Side yard requirements specified below shall apply in these areas;

         (b)   Accessory adult uses as defined in Ch. 117 of this code;

         (c)   Places of worship, conditioned on access being provided only off of a collector road;

         (d)   Motor fuel station;

         (e)   Auto sales;

         (f)   Car wash;

         (g)   Auto repair facility - minor; and

         (h)   Public or private school.

      (1)   Lot area: 15,000 square feet;

      (2)   Lot width: 75 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 25 feet. In the case of corner lots, two front yards will be required.

         (b)   Side yards: not less than ten feet on each side, except where there is a permissible zero lot line setback pursuant to division (D)(2)(a) above or 25 feet when abutting a public right-of-way or a residential district; and

         (c)   Rear yards: not less than 25 feet.

      (4)   Impervious surface maximum: 65%.

(Ord. 2023-07, passed 8-28-2023, § 11; Ord. 2024-03, passed 11-25-2024, § 4)

      (1)   Light manufacturing uses that are not similar to any of the uses allowed or prohibited in the GI District and that do not cause noise, dust or other pollution that are a nuisance to neighbors;

      (2)   Wholesaling;

      (3)   Warehousing;

      (4)   Bulk storage of under 1,000 gallons accessory to other uses permitted in the district;

      (5)   Laboratories;

      (6)   Offices (except contractors offices), office-showrooms and office-warehouses;

      (7)   Machine and metal shops;

      (8)   Essential services;

      (9)   Government and public utility buildings and structures;

      (10)   Broadcasting antennas;

      (11)   Printing and publishing establishments;

      (12)   Fuel sales and service stations, to include accessory retail and food service uses, that are fully contained within the principal use structure;

      (13)   Government and public utility buildings and structures;

      (14)   Outdoor civic events conducted by non-profit organizations, each such outdoor event being limited to 14 days in any calendar year;

      (15)   Radio and television stations;

      (16)   Commercial printing establishments;

      (17)   Trade schools;

      (18)   Minor auto repair; and

      (19)   Brewery or distillery without taproom or cocktail room.

      (1)   Retail sales of products manufactured on the site shall be allowed as an accessory use. A maximum of 20% of the floor area of the space occupied by the manufacturing company may be used for retail sales purposes;

      (2)   Off-street loading;

      (3)   Off-street parking, but not including semi-trailer trucks; and

      (4)   Semi-truck parking, incidental to the principal use.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required;

         (c)   Servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for the repair and servicing (not including new or used vehicles sales); and accessory materials and parts warehousing which is related to and dependent upon the uses; provided that:

            1.   To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust or other particulate matter;

            2.   Storage and use of all flammable materials, including liquids and rags, shall conform to applicable provisions of the state’s Uniform Fire Code; and

            3.   The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building;

         (d)   Off-street parking is provided in compliance with § 154.067 of this chapter.

      (2)   Conditional uses in this district include:

         (a)   Maintenance garages and shops;

         (b)   Contractors offices, shops and accessory uses where there is no outside storage;

         (c)   Bulk storage of more than 1,000 gallons;

         (d)   Any permitted use under this section, if any proposed building or structure exceeds 35 in height. A conditional use permit under this section may only be approved if a development plan is first approved by the Planning Commission and City Council, and complies in other respects with the performance requirements of the Light Industrial District. It must be found that:

            1.   The site is capable of accommodating the increased height;

            2.   The increased height does not cause an increase in traffic volumes beyond the capacity of the surrounding streets;

            3.   Public utilities and services are adequate;

            4.   For each additional story over three stories, front and side yard setback requirements shall be increased by 5%; and

            5.   The increased height shall not, in the judgment of the City Council, be adverse or detrimental to adjacent properties or the general area.

         (e)   Open or outdoor service, sale and rental as a principal or accessory uses; provided that:

            1.   Outside services, sales and equipment rental is limited to 30% of the gross floor area of the principal use;

            2.   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting R District based upon a plan approved by the City Council;

            3.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be based upon a plan approved by the City Council;

            4.   The use does not take up required parking space;

            5.   Sales area is grassed or surfaced to control dust; and

            6.   The proposed use shall not, in the judgment of the City Council, be adverse or detrimental to adjacent properties or the general area.

         (f)   Commercial recreation facilities; provided that:

            1.   The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding industrial properties and demonstrate potential industrial reuse. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment;

            2.   A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an “H” occupancy, as defined by the state’s Building Code, as may be amended;

            3.   In multiple occupancy buildings, a material safety data sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi-tenant building;

            4.   A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit;

            5.   The site must be accessed via a collector street. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer;

            6.   Adequate off-street parking and off-street loading and shall be subject to the approval of the City Engineer; and

            7.   The proposed use shall not, in the judgment of the City Council, be adverse or detrimental to adjacent properties or the general area.

         (g)   Animal kennels; provided that:

            1.   The animal kennel shall be located in a freestanding building;

            2.   The animal kennel shall be located on a lot at least two acres in size;

            3.   An exercise area at least 100 square feet in size shall be provided to accommodate the periodic exercising of animals boarded at the kennel;

            4.   If an outdoor exercise area is provided, it shall be at least 150 square feet in size and shall be restricted to the exercising of one animal, on leash, under the control of a handler, in the pet exercise area, at a time;

            5.   Outdoor exercise areas shall be fenced, not less than six feet in height with an additional two-foot security arm with an internal orientation set at a 30-degree angle and shall be of sufficient strength to retain kenneled animals. The fence shall be located in a side or rear yard and shall provide a complete visual screen from surrounding properties. The fence shall be set back at least 100 feet from any side or rear property line;

            6.   Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation of animal wastes and the spread of disease;

            7.   A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air, and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60°F and 75°F;

            8.   A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals;

            9.   Indoor animal kennel floors and walls shall be made of non-porous materials or sealed concrete to make it non-porous;

            10.   Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day;

            11.   The appropriate license is obtained from the City Clerk-Treasurer;

            12.   All State Health Department and State Pollution Control Agency requirements for the facilities are met; and

            13.   The proposed use shall not, in the judgment of the City Council, be adverse or detrimental to adjacent properties or the general area.

         (h)   Self-storage facilities.

         (i)   Day care center.

         (j)   Major auto manufactured repair such as a transmission repair, body work and painting; provided that:

            1.   All servicing of vehicles and equipment shall occur entirely within the principal structure;

            2.   To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust or other particulate matter;

            3.   Storage and use of all flammable materials, including liquids and rags, shall conform to applicable provisions of the state’s Uniform Fire Code; and

            4.   The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.

         (k)   Taproom or cocktail room associated with a brewery or distillery.

      (1)   Lot area: 20,000 square feet;

      (2)   Lot width: 100 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 35 feet, except when across the street from residentially-zoned property. In such cases, the setback shall be 100 feet. The setback shall contain a berm with trees and shrubs to provide a buffer between the industrial and residential use. In the case of corner lots, two front yards will be required;

         (b)   Side yards: not less than ten feet on each side nor less than 35 feet when abutting a public right-of-way. A setback of 100 feet shall be required when an industrial district abuts a residential district. The setback shall contain a berm with trees and shrubs to provide a buffer between the industrial and residential use; and

         (c)   Rear yards: not less than 30 feet.

      (4)   Building height: the following building height requirements shall apply:

         (a)   No structure shall exceed three stories or 35 feet, whichever is less, unless a conditional use is approved for the increased height; and

         (b)   No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of the roof, nor exceed ten feet, unless otherwise noted.

      (5)   Outside storage: outside storage of materials shall be prohibited in the LI District;

      (6)   Water usage: no use may consume more than 1,300 gallons of water per acre per day, or as prorated for developments of less than one acre, without specific authorization of the City Council; and

      (7)   Sewer discharge: if the proposed use requires any sanitary sewer discharge for industrial (non-human) waste, a sewer discharge plan must be submitted to the City for evaluation and approval. Industrial sewer discharge may require pre-treatment, for reduction of BOD, suspended solids or other minerals or materials, at the industrial site, before discharge into the Dundas/Northfield sanitary sewer system.

      (8)   Impervious surface maximum: 50%.

(Ord. passed 3-20-2002, § 14; Ord. 2019-01, passed 1-28-2019, §§ 2, 3; Ord. 2020-04, passed 5-11-2020; Ord. 2023-03, passed 5-22-2023, § 19)

      (1)   All uses permitted in the LI District;

      (2)   Manufacturing, bulk handling and storage, processing, packaging or assembly of products and materials such as stone, brick, glass, lime, gypsum, plaster of paris, glue, size, cloth, batteries (wet cell), ceramic products, plastics, rubber products, grain, agricultural products, feed, food, flour and paint (pigment manufacturing). Industrial activities such as mill working, metal polishing and plating, foundry, vinegar distillation, grain milling, cement production and all other similar uses as determined by the City’s Zoning Officer;

      (3)   Agricultural uses limited to raising of crops and forestry;

      (4)   Adult uses as defined and controlled in Ch. 117 of this code of ordinances;

      (5)   Commercial truck storage and parking;

      (6)   Bulk storage plants and establishments (see the limitation on storage of liquids under conditional use permits below);

      (7)   Cartage and express facilities;

      (8)   Building materials sales;

      (9)   Transportation terminals; and

      (10)   Industrial, compounding, assembly, packaging, treatment or storage of products and materials, except waste.

      (1)   Buildings and structures for a use accessory to the principal use;

      (2)   Off-street loading;

      (3)   Off-street parking, but not including semi-trailer trucks;

      (4)   Semi-truck parking; and

      (5)   Retail sales of products manufactured on the site shall be allowed as an accessory use. A maximum of 20% of the floor area of the space occupied by the manufacturing company may be used for retail sales purposes.

      (1)   Conditional uses in this district are subject to the following requirements:

         (a)   A conditional use permit is applied for based on procedures set forth in § 154.022 of this chapter;

         (b)   Screening and landscaping in compliance with § 154.071 of this chapter shall be required; and

         (c)   Off-street parking is provided in compliance with § 154.067 of this chapter.

      (2)   Conditional uses in this district include:

         (a)   All permitted industries listed above which have outside or open storage of parts, products or fuels;

         (b)   Buildings or structures exceeding 35 feet in height;

         (c)   Advertising signs (subject to §§ 154.160 through 154.170 of this chapter);

         (d)   Bulk storage of more than 1,000 gallons of fuel, fertilizer, agricultural chemicals or agricultural products;

         (e)   Refuse transfer stations; and

         (f)   Creameries.

         (g)   Accessory exterior storage, provided such storage is screened from all rights-of-way and adjacent non-industrial uses.

      (1)   Junkyards;

      (2)   Manufacture of explosives;

      (3)   Petroleum or ethanol refineries;

      (4)   Asphalt plants;

      (5)   Landfills of products other than filling or grading of land with totally buildable materials to prepare land for development;

      (6)   Sludge disposal;

      (7)   Permanent or temporary storage of hazardous waste as a principal use;

      (8)   Acid manufacturing;

      (9)   Creosote treatment or manufacture;

      (10)   Rendering plants;

      (11)   Meat packing; and

      (12)   Incinerators of toxic or medical waste.

      (1)   Lot area: one acre;

      (2)   Lot width: 200 feet;

      (3)   Setbacks:

         (a)   Front yards: not less than 35 feet, except when across the street from residentially zoned property. In such cases, the setback shall be 100 feet. The setback shall contain a berm with trees and shrubs to provide a buffer between the industrial and residential use. In the case of corner lots, two front yards will be required;

         (b)   Side yards: not less than ten feet on each side, nor less than 35 feet when abutting a public right-of-way. A setback of 100 feet shall be required when an industrial district abuts a residential district. The setback shall contain a berm with trees and shrubs to provide a buffer between the industrial and residential use. In the case of corner lots, two front yards will be required; and

         (c)   Rear yards: not less than 30 feet.

      (4)   Height: 35 feet, unless a greater height is authorized by conditional use permit;

      (5)   Water usage: no use may consume more than 1,300 gallons of water per acre per day, or as prorated for developments of less than one acre, without specific authorization of the City Council;

      (6)   Sewer discharge: if the proposed use requires any sanitary sewer discharge for industrial (non-human) waste, a sewer discharge plan must be submitted to the City for evaluation and approval. Industrial sewer discharge may require pre-treatment, for reduction of BOD, suspended solids or other minerals or materials, at the industrial site, before discharge into the Dundas/Northfield sanitary sewer system; and

      (7)   Outside storage of materials: outside storage areas are permitted in:

         (a)   Side yards not adjacent to or across the street from residential districts;

         (b)   Rear yard, except within 50 feet of residential property;

         (c)   Open storage areas shall be screened by walls of buildings or a screening fence compatible with the principle building and surrounding land uses. The fence will be at least six feet high and 100% opaque. Gates will be of the same height and opaqueness as the fence. The height of the fence will be increased to a height approved by the Planning Commission, to screen materials of greater height from non-industrial land uses and adjoining public streets. Fire lanes shall be maintained as determined by the Fire Department; and

         (d)   Outside storage is not permitted between building and street right-of-way.

      (8)   Impervious surface maximum: 40%.

(Ord. passed 3-20-2002, § 15; Ord. 2023-03, passed 5-22-2023, § 20)

      (1)   Innovations in residential development to provide for greater variety in tenure, type, design and siting of dwellings, open space and parking; and to promote conservation and more efficient use of land;

      (2)   More convenience in location of accessory commercial and service areas;

      (3)   The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion;

      (4)   To allow variation from the provisions of this chapter including setbacks, height, lot area, width, depth, yards and the like; and

      (5)   A high standard of site and building design for commercial and retail establishments that integrate well into the community.

         (a)   Mixed residential uses to allow both densities and unit types to be varied within the project;

         (b)   Mixed residential uses with increased density based upon the greater sensitivity of PUD projects to regulation; and

         (c)   Mixed land uses with the integration of compatible land uses within the project.

      (1)   The PUD provides a development pattern in harmony with the objectives of the Comprehensive Plan.

      (2)   The PUD is designed in accordance with the design guidelines in §§ 154.115 through 154.128 of this chapter.

      (3)   The PUD prioritizes the conservation of woodlands, wetlands, other natural features, where applicable.

      (4)   The PUD does not conflict with the protection of health, safety and welfare of the community.

      (5)   The location of the buildings, parking areas, and other features is compatible with respect to the topography of the area and existing natural features such as streams, bluffs and woodlands.

      (6)   The proposed layout of parking, internal streets and driveways is efficient, adequate, and safe.

      (7)   There are adequate green areas and/or open space in appropriate locations; and the adequacy and location of green areas.

      (8)   The city finds that the use of PUD zoning for this project achieves the city's land use objectives in a manner equal or superior to the use of conventional zoning.

      (1)   This purpose of this section is intended to encourage creative site design for the conservation of land and provision of other public benefits through density incentives and by allowing deviation from the strict provisions of this chapter related to setbacks, heights, lot area, width, depth and yards. Density incentives are provided to owners and developers of all land in the Natural Resource Single-Family Residential District regardless of size. Density incentives are offered in exchange for public benefits that achieve Comprehensive Plan goals for open space, habitat and rural character protection, low impact storm water design, trails, high quality housing and use of public sewer and water service by:

         (a)   Defining in quantified terms the significant public benefits that can be used to earn density incentives;

         (b)   Providing rules and formulas for guiding the calculation of density incentives earned by each benefit;

         (c)   Preserving land for wildlife habitat and unique natural resources and reducing negative impacts on the environment;

         (d)   Designing land efficiently resulting in smaller networks of utilities and streets thereby lowering development costs and public investments;

         (e)   Creating common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public; and

         (f)   Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment.

      (2)   The density incentive system is described and defined as follows:

         (a)   The density incentive is expressed as additional dwelling or bonus units (BU) earned per specified amount of public benefit provided;

         (b)   Bonus units may be earned through any combination of the listed public benefits or amenities;

         (c)   Through the review process, public benefits and bonus units not identified in this section may be proposed by either the developer or the City; and

         (d)   The awarding of bonus units for each proposed public benefit shall be guided by the following framework. The applicant, Planning Commission, City Council and staff may suggest other award levels for benefits that are in keeping with the overall purpose of this section. The City Council shall award the bonus units based on its evaluation of the entire PUD proposal. Based on this evaluation, the Council may deviate from the following framework at its discretion. In its evaluation of each project, the City will consider the capacity of the land to handle increased densities. The City may determine that the land cannot support the proposed densities due to physical limitations or potential negative impacts which may include, but are not limited to: soils; slope; loss of vegetation; drainage; habitat; sewer capacity; and traffic.

 

      (3)   The rules for determining total permitted dwelling units are defined as follows.

         (a)   The formula for calculating the total number of dwelling units (DW) permitted through the review process shall be:

Dwelling Units allowed at base density + Bonus Units (Bu) = Total Dwelling Units

         (b)   The dwelling units allowed at base density is determined by dividing the total buildable area (acres) of the project site by the minimum lot size allowed in the base zoning district. Buildable area excludes slopes of 12% or greater, wetlands, poor soils and resources identified to be protected in the Comprehensive Plan.

         (c)   The bonus units for each public benefit shall be calculated individually and rounded to the nearest tenth. In summing the bonus units for more than one public benefit, fractional numbers shall be added together and rounded to the nearest whole number; one-half or more dwelling units are rounded up.

         (d)   The total number of dwelling units may not exceed a gross maximum density of two units per buildable acre. Higher maximum densities may be allowed based on demonstrated land development capacity, environmental impact, impact on adjacent properties and transportation system as well as available capacity of City sewer and water service.

      (4)   All properties, regardless of size, in the NRSF District are subject to this division (D), which creates a PUD Overlay District to encourage density incentives within said districts.

      (1)   The PUD development plan shall identify all the proposed land uses. A majority of the uses within a PUD should be those allowed in the underlying zoning district. Additional uses in the PUD District may be allowed; provided, they are compatible with the permitted uses normally allowed in the district and consistent with the comprehensive plan.

      (2)   Any change in the uses presented in the final development plan will be considered an amendment to the PUD and must follow the procedures specified in this section.

   (G)   Coordination with subdivision regulations. If a PUD involves the subdivision of land, then a subdivision review shall be carried out simultaneously with the review of the PUD. The plans required under this section shall be submitted in a form that will satisfy the requirements for a sketch/concept plan, preliminary plat and final plat.

      (1)   Preliminary plat for any land being subdivided;

      (2)   The landowner's name and address and the landowner's interest in the property;

      (3)   The developer's name and address if different from the landowner;

      (4)   The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor;

      (5)   Evidence that the developer has sufficient control over the property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the property and including an up-to-date certified abstract of title or registered property report and other evidence as the City Attorney may require to show the status of title or control of the property;

      (6)   The address and legal description of the property;

      (7)   The existing zoning classification and present use of the property and all lands within 300 feet of the property;

      (8)   A map depicting the existing development of the property and all land within 300 feet thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the property;

      (9)   A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the city's comprehensive plan and how the proposed pud 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;

      (10)   Overall maximum PUD density;

      (11)   Location of all streets and pedestrian ways;

      (12)   Location and extent of public and private open space;

      (13)   Location of residential and non-residential land uses with approximate type of intensities of development;

      (14)   Staging and time schedule of development;

      (15)   A traffic generation and routing analysis prepared by a licensed professional;

      (16)   Graphic reproductions of the existing site conditions at a scale of not less than one inch equals 100 feet including:

         (a)   Grading plan with contours, minimum two-foot intervals;

         (b)   Area devoted to residential use by building type;

         (c)   Area devoted to private open space;

         (d)   Area devoted to public open space;

         (e)   Area devoted to streets;

         (f)   Area devoted to, and number of, off-street parking;

         (g)   Parking and loading spaces and related access;

         (h)   Approximate area and floor area devoted to commercial uses;

         (i)   Approximate area and floor area devoted to industrial or office use; and

         (j)   Total area of the property.

      (17)   When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each stage and overall chronology of development to be followed from stage to stage;

      (18)   When the proposed PUD 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 the open space or service facilities;

      (19)   Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD;

      (20)   A complete plan set as described in § 154.042 of this chapter including, but not limited to, architectural plans; and

      (21)   The city may require the submission of any additional information or documentation that it may find necessary.

      (1)   Pursuant to the requirements of M.S. § 15.99, after verification by the Zoning Administrator that the required plan and supporting data is adequate, the Planning Commission shall hold a public hearing. The city's planning application schedule provides specific deadlines for the application process.

      (2)   The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council.

      (3)   The city may request additional information from the developer concerning operational factors or retain expert testimony at the expense of the developer concerning operational factors.

      (4)   If the Planning Commission fails to take action on the matter on or before a date 60 days after the application is deemed adequate, then the City Council may proceed without the Planning Commission's recommendation.

   (M)   Final development plan. Following approval of the preliminary development plan, the applicant shall submit an application for the final development plan, and a final plat if subdivision of land is a part of the PUD. If appropriate, because of the limited scale of the proposal, the Zoning Administrator may permit the preliminary development plan and final development plan to proceed through the review and approval processes simultaneously. In cases where the final plan is reviewed separately, the plan shall be submitted to the City Council for consideration. Provided the final plan is consistent with the approved preliminary plan, the Council may approve the request.

      (1)   A final plat for any land to be subdivided and information required by this code;

      (2)   Twenty sets of final plans, including one electronic file, drawn to a scale of not less than one inch equals 100 feet (or other scale requested by the City Engineer) containing at least the following information:

         (a)   Proposed name of the development, which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in the county;

         (b)   Property boundary lines and dimensions of the property and any significant topographical or physical features of the property;

         (c)   The location, size use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including manufactured homes, and existing buildings which will remain, if any;

         (d)   Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements;

         (e)   Location, designation and total area of all public and private open space;

         (f)   Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;

         (g)   Proposed lots and blocks, if any, and numbering system;

         (h)   The location use and size of structures and other land uses on adjacent properties;

         (i)   Detailed sketches and provisions of proposed landscaping;

         (j)   General grading and drainage plans for the developed PUD; and

         (k)   Any other information that may have been required by the Planning Commission, or other affected agency, in conjunction with the approval of the preliminary development plan.

      (3)   An accurate legal description of the entire area within the PUD for which final development plan approval is sought;

      (4)   A tabulation indicating the number of residential dwelling units, expected population and traffic generation;

      (5)   A tabulation indicating the number of non-residential uses and expected traffic generation;

      (6)   Preliminary architectural “typical” plans indicating use, floor, plan, elevations and exterior wall finishes of proposed building, including manufactured homes;

      (7)   A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including manufactured homes, and uses;

      (8)   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The final development plan should clearly reflect the site treatment and its conformance with the approved preliminary development plan;

      (9)   A final plat prepared in accordance with this chapter if land is being subdivided; and

      (10)   A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, MPCA or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

      (1)   Approval of the PUD overlay ordinance and text, the final development plan documents and the developers agreement and its requirements; and

      (2)   Publication of the ordinance.

         (a)   Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Zoning Administrator if they are consistent with the purposes and intent of the final development plan. No change authorized by this section may increase the mass or volume of any building or structure by more than 10%.

         (b)   Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under this section.

(Ord. passed 3-20-2002, § 16; Ord. 2019-07, passed 10-14-2019, §§ 1-6; Ord. 2023-03, passed 5-22-2023, § 21)

      (1)   The provisions of this chapter shall apply to all lands located within 300 feet of the banks of the Cannon River, within the corporate limits of the City, in accordance with the Land Use District descriptions of Minn. Rules part 6105.1680.

      (2)   The provisions of this chapter shall be interpreted to be minimum requirements. Where definition of any of the terms of this chapter are in dispute, the definitions of Minn. Rules parts 6105.0040 and 6105.2500 shall be controlling.

      (3)   The provisions of Minn. Regs. NV 82-84 and NV 78-81 shall apply within the Cannon Recreational River District as specified in the Cannon River Management Plan (6 MCAR § 1.2900). Where the provisions of this chapter or any other ordinance are in conflict with the above mentioned regulations, the regulations shall take precedence. Copies of the aforementioned regulations shall be kept on file with the office of the City Clerk-Treasurer.

      (4)   The provisions of this chapter shall be considered as an overlay-type district. All provisions of any underlying zoning district which are required by other zoning ordinances shall remain in effect unless superseded by a more restrictive provision contained in this chapter.

      (1)   Public recreational uses; and

      (2)   All permitted uses allowed in the underlying zoning district, unless listed as a conditional or prohibited use in this chapter.

      (1)   All uses considered conditional uses in the underlying zoning district shall be considered conditional uses under this chapter, unless prohibited by this or other applicable ordinances.

      (2)   Private campgrounds (subject to the conditions of Minn. Rules parts 6105.1630 through 6130.1670);

      (3)   Other private open space uses (subject to the conditions of Minn. Rules parts 6105.1610 et seq.);

      (4)   Utility transmission lines (subject to the conditions of Minn. Rules part 6105.0170 and 6105.0180);

      (5)   Public roads (subject to the conditions of Minn. Rules 6105.0190);

      (6)   Canoe rental establishments (subject to the conditions of Minn. Rules part 6105.1610); and

      (7)   Sand and gravel extraction (subject to the conditions of Minn. Rules 6105.1610, subp. 5).

      (1)   Inner tube rental establishments;

      (2)   Commercial manufacturing of sand and gravel by-products; and

      (3)   Any other uses not listed as permitted or conditional in this chapter or the underlying zoning district.

      (1)   The following standards for general development waters shall apply to all lands located on the N1/2 of the N1/2 of Section 15 and in Section 10 of T111N, R20W, that are within 300 feet of the ordinary high water mark (bank) of the Cannon River. The following standards for natural environment waters shall apply to all lands located in the S1/2 of the N1/2 of Section 15 and Section 11 of T111N R20W, that are within 300 feet of the ordinary high water mark (bank) of the Cannon River.

      (2)   Dimensional standards:

 

         (a)   Between the ordinary high water mark (bank) and the applicable building setback line, clear cutting of trees over four inches in diameter shall be prohibited. Clear cutting landward of the setback lines shall be limited to the minimum necessary to accommodate permitted or conditional uses.

         (b)   Grading and filling in of the natural topography shall require a grading and filling permit from the Zoning Administrator prior to initiation of any such work. Such a permit may be issued if the conditions of Minn. Rules part 6105.0160 and part 6120.3300, subp. 4 are satisfied.

         (c)   No land shall be subdivided which is determined by the City or the Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. Soil percolation rate tests and soil borings shall be required in any proposed subdivision within the Cannon River District, to establish the suitability of the land for development. The testing is required before any final plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available.

         (d)   Planned unit developments may be allowed in this district if preliminary plans are first approved by the Commissioner of Natural Resources. Lot size, setbacks and structure height requirements may be varied for a planned unit development in accordance with state regulation.

         (e)   When land in the Cannon River Recreational district is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling and vegetative cutting until the City adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.

         (f)   No structures shall be placed in the floodway of the Cannon River. Structures may be placed outside of the floodway; provided that, they are elevated above the level of the 100-year flood, in accordance with Minn. Rules part 6120.5000 et seq. or any ordinance adopted pursuant to M.S. § 104.04, as it may be amended from time to time.

         (g)   No structure shall be placed on land that slopes over 13% unless the conditions of Minn. Rules part 6120.3300 are fully met.

      (1)   No person, firm or corporation shall install, alter, repair or extend an individual sewer treatment system without first obtaining a permit for such action from the Zoning Administrator or other person designated by the City Council.

      (2)   No permit to install, alter, repair or extend an individual sewer treatment system shall be issued where public collection and treatment facilities are available and feasible.

      (3)   All individual sewer treatment systems shall be installed in conformance with the requirements of this chapter and the state’s Individual Sewage Treatment Systems Standards (Minn. Rules parts 7080.1050 et seq.), which is hereby adopted as part of this chapter. A copy of these standards shall be on file in the office of the City Clerk-Treasurer.

      (1)   Permits are required for building, moving or altering a structure; grading and filling of land; and for individual sewage systems installation, alteration or repair within the Cannon Recreational River District.

      (2)   The Zoning Administrator shall send copies of all notices of hearings or meetings and final decisions relating to plats, variances, ordinance, amendments, planned unit developments and conditional use permits affecting any land within this district to the appropriate DNR office at least ten days prior to the hearing and within ten days of the final action. Final decisions on variances and ordinance amendments shall not become effective until certified by the DNR, in accordance with Minn. Rules part 6105.0040.

      (3)   Variances and zoning amendments to the ordinance are subject to the definition, administrative requirements and conditions of Minn. Rules part 6105.0040.

(Ord. passed 3-20-2002, § 17)

         (a)   In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

         (b)   The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain, if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.

            1.   Certain conditions as detailed in the zoning ordinance exist; and

            2.   The structure and/or land use conforms to the comprehensive land use plan, if one, and is compatible with the existing neighborhood.

            1.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

            2.   Any alteration of an “historic structure”; provided that, the alteration will not preclude the structure’s continued designation as an “historic structure”. For the purpose of this chapter, “historic structure” shall be as defined in 44 C.F.R. § 59.1.

            1.   No new structure shall be used and no structure shall be located, extended, converted or structurally altered within the following described area, unless the lowest floor level is at an elevation of at least 924.5 feet (NGVD1929): the Dundas Commercial Park Second Addition, lying south of Hester Street.

            2.   No new structure shall be used and no structure shall be located, extended, converted or structurally altered within the following described area, unless the lowest floor level is at a minimum elevation of 922.0 feet (NGVD1929): all that part of the Dundas Commercial Park Addition lying north of Hester Street; Lots 1 through 16, Block 5, Dundas 1st Addition; and that land lying westerly of the Dundas Commercial Park Addition identified as tax Parcel 1711350004 (aka Schilling Park).

            3.   All structures constructed in the areas described in divisions (C)(1)(d)1. and (C)(1)(d)2. above shall be subject to “as-built” requirements of this chapter set forth in divisions (C)(2)(c) and (J)(2) below.

Within the Floodway and Flood Fringe and General Floodplain Districts, all uses not listed as permitted uses or conditional uses in divisions (D), (E) and (F) below that follow, respectively, shall be prohibited. In addition, a caution is provided here that:

         (a)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and, specifically, division (I) below;

         (b)   Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this chapter and specifically division (K) below; and

         (c)   As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in division (J) below.

      (1)   Permitted uses:

         (a)   General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;

         (b)   Industrial-commercial loading areas, parking areas and airport landing strips;

         (c)   Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and single- or multiple-purpose recreational trails; and

         (d)   Residential lawns, gardens, parking areas and play areas.

      (2)   Standards for floodway permitted uses:

         (a)   The use shall have a low flood damage potential;

         (b)   The use shall be permissible in the underlying zoning district if one exists; and

         (c)   The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.

      (3)   Conditional uses:

         (a)   Structures accessory to the uses listed in division (D)(1) above and the uses listed in divisions (D)(3)(b) through (D)(3)(h) below;

         (b)   Extraction and storage of sand, gravel and other materials;

         (c)   Marinas, boat rentals, docks, piers, wharves and water control structures;

         (d)   Railroads, streets, bridges, utility transmission lines and pipelines;

         (e)   Storage yards for equipment, machinery or materials;

         (f)   Placement of fill or construction of fences;

         (g)   Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of division (I)(3) below; and

         (h)   Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

      (4)   Standards for floodway conditional uses:

         (a)   No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected;

         (b)   All floodway conditional uses shall be subject to the procedures and standards contained in division (J)(4) below;

         (c)   The conditional use shall be permissible in the underlying zoning district if one exists;

         (d)   1.   Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.

            2.   Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.

            3.   As an alternative, and consistent with division (D)(4)(d)2. above, dredge spoil disposal, and sand and gravel operations may allow temporary, on-site storage of fill or other material which would have caused an increase to the stage of the 100-year or regional flood, but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder.

         (e)   Accessory structures:

            1.   Accessory structures shall not be designed for human habitation;

            2.   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters;

               a.   Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

               b.   So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

            3.   Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the state’s Building Code; provided, the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate.

               a.   The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.

               b.   Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.

               c.   To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

         (f)   1.   The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.

            2.   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City.

         (g)   Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. Ch. 103G, as it may be amended from time to time. City-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway; and

         (h)   A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

      (1)   Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure of land shall be a permitted use in the Flood Fringe District; provided, the use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe permitted uses listed in division (E)(2) below and the standards for all Flood Fringe permitted and conditional uses listed in division (E)(5) below.

      (2)   Standards for flood fringe permitted uses:

         (a)   All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at an elevation at least 15 feet beyond the outside limits of the structure erected thereon;

         (b)   As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood-proofed in accordance with division (D)(4)(e)3. above;

         (c)   The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation; and

         (d)   The provisions of division (E)(5) below shall apply.

      (3)   Conditional uses: any structure that is not elevated on fill or flood-proofed in accordance with divisions (E)(1) and (E)(2) above or any use of land that does not comply with the standards of divisions (E)(2)(c) and (E)(2)(d) above shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in divisions (E)(4), (E)(5) and (J)(5) below.

      (4)   Standards for flood fringe conditional uses:

         (a)   1.   Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls and the like or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if:

               a.   The enclosed area is above-grade on at least one side of the structure;

               b.   It is designed to internally flood and is constructed with flood resistant materials; and

               c.   It is used solely for parking of vehicles, building access or storage.

            2.   The above-noted alternative elevation methods are subject to the following additional standards.

                  i.   The minimum area of openings in the walls where internal flooding is to be used as a flood-proofing technique. There shall be a minimum of two openings on at least two side of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net areas of not less than one square inch for every square foot of enclosed area subject to flooding unless a licensed professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

                  ii.   The enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.

         (b)   Basements, as defined by division (B)(8) above, shall be subject to the following.

            1.   Residential basement construction shall not be allowed below the regulatory flood protection elevation.

            2.   Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood-proofed in accordance with division (E)(4)(c) below.

         (c)   All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the state’s Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the state’s Building Code and this shall require making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 or FP-4 classification shall not be permitted;

         (d)   1.   The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited; and

            2.   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City.

         (e)   The provisions of division (E)(5) below shall also apply.

      (5)   (a)   Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

         (b)   Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(5)(a) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

         (c)   Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

         (d)   Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.

         (e)   Standards for recreational vehicles are contained in division (I)(3) below.

         (f)   All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

      (1)   Permitted uses:

         (a)   The uses listed in division (D)(1) above shall be permitted uses; and

         (b)   All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (F)(3) below. Division (D) above shall apply if the proposed use is in the Floodway District and division (E) above shall apply if the proposed use is in the Flood Fringe District.

      (2)   Procedures for floodway and flood fringe determinations within the General Floodplain District:

         (a)   Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District:

            1.   A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information;

            2.   Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations, the size, location and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets;

            3.   Photographs showing existing land uses, vegetation upstream and downstream and soil types; and

            4.   Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

         (b)   The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Rules, 1983, parts 6120.5000 through 6120.6200 and 44 C.F.R. part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ area hydrologist prior to commencing the analysis. The designated engineer or expert shall:

            1.   Estimate the peak discharge of the regional flood;

            2.   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and

            3.   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

         (c)   The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City. The City must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District boundaries have been determined, the governing body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of divisions (D) and (E) above.

      (1)   Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the Floodway and Flood Fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

      (1)   New manufactured home parks and expansion to existing manufactured home parks shall be subject to the provisions placed on subdivisions by division (G) above.

      (2)   (a)   The replacement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with division (E) above.

         (b)   All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

      (3)   Recreational vehicles that do not meet the exemption criteria specified in division (I)(3)(a) below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (I)(3)(c) and (I)(3)(d) below.

            1.   Have current licenses required for highway use;

            2.   Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; and

            3.   The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.

            1.   Individual lots or parcels of record;

            2.   Existing commercial recreational vehicle parks or campgrounds; and

            3.   Existing condominium type associations.

            1.   Variances shall not be issued by a City within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

            2.   Variances shall only be issued by a City upon:

               a.   A showing of good and sufficient cause;

               b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

               c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

            3.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

            1.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

            2.   The construction below the 100-year or regional flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

            1.   Require the applicant to furnish such of the following information and additional information as deemed necessary by the Zoning Administrator for determining the suitability of the particular site for the proposed use:

               a.   Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and

               b.   Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

            2.   Transmit one copy of the information described in division (J)(4)(a)1. above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters; and

            3.   Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

            1.   The danger to life and property due to increased flood heights of velocities caused by encroachments;

            2.   The danger that materials may be swept onto other lands or downstream to the injury of others, or they may block bridges, culverts or other hydraulic structures;

            3.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;

            4.   The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;

            5.   The importance of the services provided by the proposed facility to the City;

            6.   The requirements of the facility for a waterfront location;

            7.   The availability of alternative locations not subject to flooding for the proposed use;

            8.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

            9.   The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;

            10.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

            11.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and

            12.   Other factors which are relevant to the purposes of this chapter.

         (e)   Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach the conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to, the following:

            1.   Modification of waste treatment and water supply facilities;

            2.   Limitations on period of use, occupancy and operation;

            3.   Imposition of operational controls, sureties and deed restrictions;

            4.   Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and

            5.   Flood-proofing measures, in accordance with the state’s Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

      (1)   A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.

      (2)   Historic structures, as defined in division (B)(8) above, shall be subject to the provisions of division (K)(2)(a) through (K)(2)(e) below.

         (a)   No such use shall be expanded, changed, enlarged or altered in a way that increases its non-conformity.

         (b)   Any structural alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted for substantial improvements in division (K)(2)(e) below.

         (c)   If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter.

         (d)   If any non-conforming use or structure is substantially damaged, as defined in division (B)(8) above, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in divisions (D) and (E) above will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively.

         (e)   If a substantial improvement occurs, as defined in division (B)(8) above, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimensions of an existing non-conforming building, then the building addition and the existing non-conforming building must meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures if any alteration is made to the common wall in excess of installing a standard doorway.

      (1)   Violations of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.

      (2)   Nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:

         (a)   In responding to a suspected ordinance violation, the Zoning Administrator and City may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

         (b)   When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation, and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the City’s plan of action to correct the violation to the degree possible.

         (c)   The Zoning Administrator shall notify the suspected party of the requirements of this section and all other official controls, and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either:

            1.   Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

            2.   Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

         (d)   If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.

      (1)   The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error, or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use.

      (2)   All amendments to this chapter, including amendments to the official zoning map as they relate to the provisions of this chapter, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days’ written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

(Ord. passed 3-20-2002, § 18)

      (1)   The purpose of this district is to protect and preserve the natural and scenic resources of bluffs and steep slopes.

      (2)   These resources represent an enhancement to the community and if left unprotected, risk impairment to the health, safety, tax base and general welfare of the community and natural ecological functioning of the local environment.

      (1)   The provisions of this section shall apply to all lands located within the Bluff Protection District, within the corporate limits of the City, and are delineated on the official zoning map of the City.

      (2)   Where the provisions of this chapter or any other ordinance are in conflict, the more restrictive regulations shall take precedence.

      (1)   All uses considered conditional uses in the underlying zoning district shall be considered conditional uses under this chapter, unless prohibited by this or other applicable ordinances;

      (2)   Campgrounds;

      (3)   Utility transmission lines; and

      (4)   Infrastructure owned and constructed by the City.

      (1)   Sand and gravel extraction;

      (2)   Commercial manufacturing of sand and gravel by-products;

      (3)   Junkyards;

      (4)   Downhill ski areas;

      (5)   Cemeteries; and

      (6)   All other uses not authorized in the underlying zoning district.

      (1)   The following chart sets forth the minimum area, setbacks and other requirements of the Bluff Protection District.

 

 

      (2)   No structures shall be placed or result in grading on any slope equal to or greater than 12% as measured over a 50-foot distance.

      (1)   The exterior color of new or renovated structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from Highway 3.

      (2)   No land shall be subdivided which is determined by the City to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. Soil borings shall be required in any proposed subdivision within the Bluff Protection District, to establish the suitability of the land for development. The testing is required before any preliminary plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available.

      (3)   Existing drainage patterns shall not be disturbed except by public rights-of-way or easements which cross drainage patterns in a general perpendicular direction.

      (1)   Slopes equal to or greater than 12% are not affected;

      (2)   No more than one-third of the surface of the development area shall be devoid of vegetative ground cover at any time;

      (3)   Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible;

      (4)   An erosion control plan to prevent erosion and trap sediment shall be employed in accordance with regulations of the state’s Pollution Control Agency and approved by the City Engineer;

      (5)   Fill is stabilized according to accepted engineering standards;

      (6)   Alternations to topography do not adversely affect adjacent or nearby properties;

      (7)   Site design that minimizes vegetation removal and slope alteration; and

      (8)   Clear cutting of vegetation is prohibited, except to remove the minimum amount of vegetation necessary for placing roads, trails, utilities, structures and parking areas.

      (1)   The cutting, including topping, involves trees less than four inches DBH (diameter at breast height as measured at 54 inches above the ground);

      (2)   The cutting, including topping, involves vegetation which is not screening any structure from view from Highway 3;

      (3)   The essential character, quality and density of existing growth is preserved and continuous canopy cover is maintained;

      (4)   Removal of dead or diseased trees;

      (5)   The cutting is necessary for the maintenance of transportation or utility rights-of-way; and

      (6)   A vegetative cutting permit is not required for the following; provided, the existing quality, character, density and canopy is maintained as viewed from Highway 3:

         (a)   Clearing for a validly permitted structures, roadways and parking areas; and

         (b)   Maintenance, trimming or pruning located within a transportation or utility right-of-way.

      (1)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for public open space uses.

      (2)   Landings for stairways and lifts must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for public open space uses.

      (3)   Canopies or roofs are not permitted in stairways, lifts or landings.

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

      (5)   Stairways, lifts and landings shall be located in the most visually inconspicuous portion of lots, as viewed from adjacent areas, assuming summer, leaf-on conditions.

(Ord. passed 3-20-2002, § 19)

      (1)   To satisfy the requirements of the Wetland Conservation Act and achieve no net loss of wetlands. When wetlands are altered or destroyed, mitigation or replacement must be provided to re-create the functions and values of the lost wetland;

      (2)   To enhance the rural character of the City and preserve open space amenities for current and future residents;

      (3)   To promote water quality by maintaining the ability of wetlands to recharge ground water; and

      (4)   To provide wildlife habitat and support the diversity of both plant and animal species within the City.

      (1)   This chapter incorporates by reference the Wetland Conservation Act of 1991 (M.S. § 103G.221, as it may be amended from time to time), hereinafter referred to as the WCA.

      (2)   This chapter shall apply to all parcels containing wetlands defined by the WCA. The City shall maintain official maps identifying all wetlands contained on the National Wetlands Inventory and other classified wetlands. The presence or absence of a wetland on the map does not represent a definitive determination as to whether a wetland covered by this chapter is or is not present.

      (3)   Wetlands are to be delineated prior to any development activity covered by §§ 154.040 through 154.047 and 154.185 through 154.196 of this chapter. It is the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator.

      (4)   (a)   Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.

         (b)   Surface water features classified as wetlands in the United States Fish and Wildlife Service Circular #39 (1971 edition) are incorporated by reference.

         (c)   For purposes of this chapter, wetlands must have the following three attributes:

            3.   Under normal circumstances support a prevalence of the vegetation.

      (1)   Storm water runoff must not be discharged directly into wetlands.

      (2)   The MPCA’s best management practices shall be followed to avoid erosion and sedimentation during the construction process.

      (3)   For lots of record created after (date ordinance adopted), a vegetative buffer strip shall be maintained abutting all wetlands. Buffer strips shall be 30 feet in depth beginning at the delineated wetland edge. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography.

      (4)   Septic systems must be setback at least 150 feet from the edge of the wetland.

      (5)   Structures shall be setback at least 75 feet from the edge of the wetland.

      (6)   The lowest ground floor elevation of all structures must be at least three feet above the seasonal high water elevation.

      (7)   Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained from the appropriate regulatory agencies.

         (b)   The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four and five species respectively.

         (c)   The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.

         (d)   Native shrubs may be substituted for forbs. The shrubs may be bare root seedlings and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.

         (e)   Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City code and City policy.

         (f)   Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedlings, such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power-Till Seeder.

         (g)   No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites where deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.

(Ord. passed 3-20-2002, § 26)