Fergus Falls City Zoning Code
CHAPTER 154
ZONING AND SUBDIVISIONS
§ 154.001 PURPOSE.
These zoning provisions are adopted for the purpose of:
(A) Protecting the public health, safety, morals, convenience and general welfare;
(B) Lessening congestion in the public rights-of-way;
(C) Securing safety from fire, panic and other dangers;
(D) Providing adequate light and air;
(E) Preventing the overcrowding of land;
(F) Avoiding undue concentration of population;
(G) Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and
(H) Conserving the value of properties and encouraging the most appropriate use of land.
(2002 Code, § 7.01)
§ 154.002 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or portion of the main building, or subordinate use which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building.
AGRICULTURE. The growing of soil crops in the customary manner on open tracts of land, the raising of animals or poultry, except kennels and farms for disposal of garbage or offal, and incidental retail selling by the producer of products raised on the premises; provided that, space necessary for parking of vehicles of customers shall be furnished off the public right-of-way.
ALLEY. A public thoroughfare less than 25 feet in width which provides secondary access to abutting property.
APARTMENT. A part of a building consisting of a room or suite of rooms which is designed for, intended for or used as a residence for one family or an individual and is equipped with cooking facilities.
APARTMENT BUILDING. Three or more apartments grouped in one building.
AUTOMOBILE WRECKING. See JUNK YARDS.
BASEMENT. A portion of a building located partly underground.
BILLBOARD. A sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where the sign is located.
BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of the city.
BOARDING HOUSE. Any dwelling other than a hotel or motel where meals or lodging and meals for compensation are provided for five or more persons, pursuant to previous arrangements and not to anyone who may apply.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind. When separated by party walls without openings, each portion of the BUILDINGS so separated shall be deemed a separate BUILDING.
BUILDING HEIGHT. The vertical distance from the average of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CONDOMINIUM. Two or more dwelling units, each of which may be under separate ownership, but with common area and facilities.
COURT. An open, unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.
DEPTH OF LOT. The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
DEPTH OF REAR YARD. The mean horizontal distance between the rear line of the building, other than accessory buildings, and the rear lot line.
DISTRICT. A section of the city for which the regulations governing the height, area, use of buildings and premises are the same.
DWELLING. Any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings, either permanently or transiently.
(1) MULTIPLE DWELLING. A building designed or occupied by more than two families.
(2) SINGLE-FAMILY DWELLING. A building designed for or occupied exclusively by one family.
(3) TWO-FAMILY DWELLING. A building designed for or occupied by two families.
DWELLING UNIT. One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
ELDERLY TENANT. An individual who is at least 62 years of age or handicapped, including the family member of an individual who is an ELDERLY TENANT, and the surviving female member of an individual who was an ELDERLY TENANT.
ELDERLY TENANT MULTIPLE HOUSING PROJECT. An apartment building designed or occupied entirely 100% of elderly tenants.
FAMILY. An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FARMING. See AGRICULTURE.
FLEA MARKET. An open market selling antiques, used household goods and curios and the like.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, including basements and attached accessory buildings.
GARAGE.
(1) COMMUNITY GARAGE. A garage with a capacity of two or more power-driven vehicles, for storage only of vehicles owned separately by owners or tenants of the dwelling units served by the garage, which is erected as an accessory use.
(2) PRIVATE GARAGE. A garage with a capacity of not more than four power-driven vehicles for storage only and which is erected as an accessory building.
(3) PUBLIC GARAGE. Any premises, except those described as a private garage used for the storage or care of power-driven vehicles which are equipped for operation, repair or are kept for remuneration, hire or sale.
GROUP DAY CARE. Any facility that, for compensation or otherwise, regularly provides care for six or more persons for all or part of the day.
HEMP-DERIVED TETRAHYDROCANNABINOL (THC) EDIBLES AND BEVERAGES. Any product that is intended to be eaten or consumed as a beverage by humans and contains THC in combination with food ingredients.
HEMP or INDUSTRIAL HEMP. The plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp is not marijuana as defined in M.S. § 152.01, subd. 9.
HEMP PROCESSING or MANUFACTURING. Rendering by refinement hemp plants or hemp plant parts from their natural or original state after harvest. PROCESSING includes but is not limited to decortication, devitalization, chopping, crushing, extraction, combining cannabinoid(s) with food ingredients, and packaging. PROCESSING does not include typical farm operations such as sorting, grading, baling, and harvesting.
HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of secondary use. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and immediate family of the resident(s).
HOTEL. Any building or portion thereof where sleeping accommodations are offered to the public for compensation on a transient basis in six or more rooms licensed under Minnesota Statutes Chapter 157. "Transient" shall mean the hotel is not the sole residence of the guest(s) and occupancy shall be limited to less than three hundred sixty-five (365) consecutive days. Hotels must have a reception desk staffed at all hours and conduct regular housekeeping services of guest rooms. A hotel may also include "extended stay" guest rooms which must contain a complete kitchen equipped with a full-sized refrigerator, built-in cooking facilities, microwave, sink, cooking utensils, dishes and cutlery. Hotels are therefore distinct from apartment buildings, boarding houses, or lodging houses as defined in this Chapter.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LIGHT INDUSTRIAL. Light Industrial means a category of uses that is capable of operation in such a manner as to control the external efforts of manufacturing processes such as smoke, noise, vibration, soot and odor. It includes limited intensity levels of manufacturing and assembly activities primarily from previously prepared or refined material, or from raw materials that do not need refining, warehousing of produced products on site with limited direct public access, research and development, packaging, and associated offices and similar uses as determined by the City Planner within an enclosed building. This use category includes, but is not limited to, food processing, contractors, textiles, wood products, tool and die, printing, pharmaceuticals, machinery manufacturing or assembly, research and development, laboratories, but excludes basic industrial processing from raw materials or other heavy industrial uses.
LOADING SPACE. The portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.
LODGING HOUSE. A building or premises where lodging is provided for compensation for five or more persons, but not exceeding 25 persons.
LOT. One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including as a minimum, open spaces as are required under this chapter and having frontages on a public street.
(1) CORNER LOT. A lot situated at the junction of and fronting on two or more streets.
(2) DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets.
(3) INTERIOR LOT. A lot other than a corner lot.
LOT AREA. The land area within the lot lines.
LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling.
LOT LINES. The lines bounding a lot, as defined herein. When a LOT LINE abuts a street, avenue, park or other public property, except an alley, the line shall be known as a street line and, when a LOT LINE abuts an alley, it shall be known as an alley line.
LOT OF RECORD. Any lot or plot existing at the effective date of this chapter which lot or plot may not be further subdivided unless it complies with all provisions of this chapter. In the case of LOTS OF RECORD which contain smaller dimensions or areas than set forth in this chapter, they shall be used only as provided in this chapter.
LOT WIDTH. The width of a lot is its own mean width measured at right angles.
MUNICIPAL WATER AND SEWER SYSTEMS. Utility systems serving a group of buildings, lots or an area of the city, with the design and construction of the utility systems as approved by the city’s Engineering Department.
NON-CONFORMING USES. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated; except that, a use is conforming if it would be authorized under a conditional use permit where located.
ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
PERSON. Includes all firms, partnerships, associations, corporations and natural persons.
PLOT. A tract other than one unit of a recorded plat or subdivision and occupied and used or intended to be occupied and used as a home site and improved or intended to be improved by the erection thereon of a dwelling and accessory buildings and having a frontage upon a public street or upon a thoroughfare or upon a highway or upon a traveled or used road and including as a minimum, open spaces as required under this chapter.
PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other uses as allowed under this chapter.
PUBLIC UTILITY or PUBLIC SERVICE USE. Includes, but is not limited to, the following: water supply buildings, reservoirs, wells, elevated tanks, sewage lift stations, natural gas peak shaving plants and other distribution facilities, electric substations, telephone structures and facilities, railroad rights-of-way (but not industrial) and railroad depots and related facilities.
PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined in M.S. Ch. 105, as it may be amended from time to time. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of these regulations. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters’ Bulletin 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in cooperation with the city.
SETBACK LINE. The horizontal distance between the front street right-of-way line and the front line of the building or the allowable building line as defined by the front yard regulations of this chapter.
SHOPPING CENTER.
(1) NEIGHBORHOOD SHOPPING CENTER. A retail center designed for the purpose of retailing “convenience” goods, such as food and drugs and providing personal services, such as barber shops and laundry stations for the accommodation of the basic day-to-day shopping or service needs of persons living or working within the nearby area.
(2) SUB-REGIONAL SHOPPING CENTER. A retail center designed for the purpose of retailing and providing a wide range of goods and services of both the “convenience” and “shoppers” or “durable” nature such as apparel, furniture, banking and financial services, automobiles, implements, restaurants, gasoline stations for a trade area comprised of an area larger than the community, but smaller than the region.
SHORELAND.
(1) Land located within the following distances from public waters:
(a) One thousand feet from the ordinary high water mark of a lake, pond or flowage; and
(b) Three hundred feet from a river or stream, or the landward extent of a floodplain designated by the code on a river or stream, whichever is greater.
(2) The practical limits of SHORELANDS may be less than the statutory limits where limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city.
SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention.
(1) FLASHING SIGN. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and color at all times when the sign is in use.
(2) ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.
(3) NAME PLATE SIGN. Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed.
(4) PYLON SIGN. A free standing sign erected upon one or more pylons or posts which is in excess of ten feet in height with a sign mounted on top thereof.
(5) ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical means.
SURFACE OF A SIGN. The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of the sign and not forming an integral part of the display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area. The interior angle formed by the faces of a V-type sign shall not exceed 45 degrees.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. For the purpose of the height requirements of this chapter, basements shall not be considered a STORY.
STREET. The entire area dedicated to public use, or contained in an easement or other conveyance or grant to the city, and shall include, but not be limited to, roadways, boulevards, alleys and other public property between the lateral property lines in which a roadway lies.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.
TOWNHOUSE. A single structure consisting of three or more dwelling units having the first story on the ground level with no other single-family dwelling units or portions thereof directly above or below with no openings between dwelling units.
USE. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.
VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property; except that, modification in the allowable uses within a district shall not be considered a VARIANCE. VARIANCES to zoning provisions shall be granted only in accordance with § 154.015 of this chapter.
YARD. An open space on the same zoning lot with a building or structure, which YARD is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter.
(1) FRONT YARD. A yard extending across the front of the lot between the side lot lines and lying between the front street line of the lot and the nearest line of the building.
(2) REAR YARD. An open space unoccupied, except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.
(3) SIDE YARD. An open space unoccupied (except for accessory buildings) on the same lot with a building between the building and the side line of the lot and extending from the front yard to the rear yard.
(2002 Code, § 7.02) (Ord. 324, effective 11-20-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 181, Third Series, effective 1-15-1989; Ord. 76, Seventh Series, effective 1-6-2019; Ord. 10, Eighth Series, effective 3-7-2021; Ord. 15, Eighth Series, effective 11-21-2021; Ord. 24, Eighth Series, effective 4-10-2022; Ord. 32, Eighth Series, effective 11-11-2022)
§ 154.003 ZONING MAP AND DISTRICTS.
(A) Districts. For the purpose of this chapter, the city is hereby divided into classes of districts which shall be designated as follows.
(1) Residence districts.
(a) R-A, Agricultural-Residence District;
(b) R-1, One-Family Residence District;
(c) R-2, One- and Two-Family Residence District;
(d) R-3, Multiple-Family Residence District (townhouse);
(e) R-4, Multiple-Family Residence District; and
(f) R-5, Multiple-Residence District.
(2) Business districts.
(a) B-1, Limited Business District;
(b) B-2, Service Business District;
(c) B-3, General Business District;
(d) B-4, Service-Recreational Business District; and
(e) B-5 and B-6, Shopping Center Business District.
(3) Industrial districts.
(a) I-1, Planned Industrial District;
(b) I-2, General Industrial District;
(c) I-3, Planned Industrial District; and
(d) I-4, Temporary Industrial Zone/Extraction Site District.
(4) Shoreland management overlay district.
(a) Natural environment lakes and streams.
1. One Mile Lake; and
2.
Chautuaqua Lake.
(b) Recreational development lakes and streams.
1. Hoot Lake;
2. Pebble Lake;
3. Wright Lake.
(c) General development lakes and streams.
1. Lake Alice;
2. Opperman Lake;
3. Otter Tail River
; and
4. Groto Lake.
(B) Zoning map.
(1) The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map. The map is hereby made a part of this chapter. The map shall be known as the “City of Fergus Falls Zoning Map”. The map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of it as if all were fully described herein.
(2) Amendments thereto shall be recorded on the zoning map within 30 days after the official publication of amendments. The official zoning map shall be kept on file in the City Hall. It is unlawful to fail to observe the zoning map and the uses and purposes herein set forth as to each district. Amendments to the zoning map are recorded in TSO Table VII of this code of ordinances.
(C) District boundaries. The boundaries between districts are, unless otherwise indicated, either the centerline of streets, alleys or railroad rights-of-way, or lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated, unless otherwise indicated.
(D) Future annexation. Any land annexed to the city in the future shall be placed in the R-A, Agricultural District, until placed in another district by action of the Council after recommendation of the city’s Planning Commission.
(2002 Code, § 7.03) (Ord. 324, effective 11-20-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 93, Third Series, effective 9-30-1983; Ord. 93, Third Series, effective 9-30-1983; Ord. 34, Eighth Series, effective 2-5-2023)
Penalty, see § 154.999
§ 154.015 CITY PLANNER; APPOINTMENT AND DUTIES.
(A) The City Planner shall be responsible for enforcing the special provisions contained herein and no building permit or certificate of occupancy shall be approved unless the City Planner shall first determine that the proposed use or addition will conform to these special provisions.
(B) The City Administrator shall designate a City Planner who shall be primarily responsible for the enforcement of this chapter; in furtherance of the authority, may:
(1) Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his or her duties as Administrator of this chapter;
(2) Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;
(3) Maintain permanent and current records of this chapter including, but not limited to, maps, amendments and conditional uses, interim uses, variances, appeals, nonconforming uses, certificates of occupancy and applications thereto;
(4) Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law, and nothing in this chapter shall prevent the Zoning Administrator from taking any lawful action deemed necessary to prevent or remedy a violation of this chapter; and
(5) Establish and enforce necessary or desirable regulations, in writing, clarifying or explaining any provision of this chapter.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.016 BOARD OF ZONING ADJUSTMENT AND APPEALS/PLANNING COMMISSION.
(A) There is hereby established a combined Board of Zoning Adjustment and Appeals/Planning Commission, composed of seven members for the city and under the supervision of the Council which Board of Zoning Adjustment and Appeals is authorized by M.S. § 462.354, subd. 1(2), as it may be amended from time to time, and which is the city planning agency authorized by M.S. § 462.354, subd. 1(1), as it may be amended from time to time. All appointments thereto shall be made for a term of two years. The City Planner is an ex-officio member only and is not included in the above number.
(B) The combined duties of the Board of Zoning Adjustment and Appeals/Planning Commission are as follows:
(1) To adjudicate and issue decisions concerning all appeals and adjustments under provisions of the code relating to zoning and land use in the city. Except as otherwise provided by the Charter or code, the decisions within its jurisdiction are final subject to appeal to the Council and the right of later judicial review;
(2) To have and exercise the powers and duties conferred upon such commissions pursuant to M.S. §§ 462.351 through 462.364, as it may be amended from time to time, and as may be required pursuant to this code and the Charter;
(3) To act in an advisory capacity to the Council on all matters concerning the future physical development of the city;
(4) When requested by the Council, to make studies, investigations and recommendations to the Council regarding matters affecting zoning, platting and public improvements;
(5) To provide an annual written report to the Council as follows:
(a) Submitting a true copy of the minutes of all meetings held during the preceding year;
(b) Submitting a statement of request for payment; and
(c) Submitting a report of all activities not set forth in the minutes.
(Ord. 87, Seventh Series, passed 10-21-2019; Ord. 94, Seventh Series, passed 12-2-2019)
§ 154.017 VARIANCES.
(A) Request for a variance, conditional use permit or rezoning. A request for a variance, conditional use permit or rezoning which has been acted upon may not be requested again until a period of 12 months has passed, unless the applicant can show to the satisfaction of the City Council that the conditions which were present when the earlier request was filed, have changed or that the request is substantially different.
(B) Variances.
(1) Purpose and scope of application. The City Council may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.
(2) Petition. A petition for a variance shall be filed with the city and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. The petition shall also include the name and address of each affected property owner of directly abutting property along the side of the property under consideration.
(3) Referral to the Board. Before authorization of any variance, the request shall be referred to the Board of Appeals and Adjustments for study concerning the effect of the proposed variance upon the comprehensive guide plan and on the character and development of the neighborhood, and for its recommendation to the Council in connection with the request. The Board shall make its recommendation within 30 days after the request is referred to it, and after that time, the City Council may act without the recommendation. The Board may recommend the conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable. Any condition recommended must be directly related to, and must bear a rough proportionality to the impact created by the variance.
(4) Action on request.
(a) The Board of Appeals and Adjustments may hold a public hearing on the variance request if it deems it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in § 154.020 of this subchapter, except that the public hearing shall be held by the Board.
(b) The Board may recommend to the City Council and the City Council may grant approval, approval with conditions, or denial of the request. In considering a request for a variance and whether the applicant established that there are practical difficulties in complying with provision(s) of this chapter, the Board and City Council shall consider the following factors:
1. Special conditions apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
2. The granting of the proposed variance will not be contrary to the intent of this chapter;
3. The special conditions or circumstances do not result from the actions of the owner/applicant;
4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this code; and
5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
(c) The Council may grant the variance and impose certain conditions and safeguards therein that are directly related to and bear a rough proportionality to the impact created by the variance. The variance, however, may not be granted for a use that is otherwise not allowed in a particular zoning district, that is inconsistent with the comprehensive guide plan, or that is not in harmony with the general purpose and intent of the zoning provisions of this chapter.
(5) Referral back to the Board. The City Council may refer any variance petition back to the Board of Appeals and Adjustments for further review and recommendation.
(6) Denial. Variances may be denied by the City Council and the denial shall constitute a finding and determination that the conditions required for approval did not exist.
(7) Lapse of variance. A variance shall become void one year after it has been granted unless made use of within the year or a longer period as the Council may provide.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.018 CERTIFICATES OF OCCUPANCY.
(A) Certificate required. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or portion of building constructed, erected, enlarged, altered, converted or moved onto a lot within the city until a certificate of occupancy has been issued.
(B) Application. Application for a certificate of occupancy shall be made on forms provided by the city.
(C) Issuance. A certificate of occupancy shall be issued within ten days of completion of the building but only upon demonstration that the building and use are in conformance with all requirements of the code of ordinances and that all conditions of approval have been met. A record shall be kept of all certificates issued.
(D) Temporary certificates. A temporary certificate of occupancy may be issued for a period not to exceed six months. Additionally, one extension of a temporary certificate of occupancy for a period not to exceed six months may be authorized. Conditions may be imposed on the issuance of a temporary certificate of occupancy in order to ensure compliance with this chapter, including posting financial security acceptable to the city. Issuance of a temporary certificate of occupancy will not alter the rights or obligations of the owner, tenant or city with respect to full compliance with the requirements of this chapter or other provisions of the code of ordinances.
(E) Non-conforming uses. A certificate of occupancy shall be required for all non-conforming uses or buildings. The certificate issued for non-conforming uses or buildings shall state the manner and extent to which the requirements of this chapter are not met.
(F) Revocation. A certificate of occupancy may be revoked if the building or use is no longer in compliance with the code of ordinances. The procedure for revocation shall be the same as that for licenses specified in §§ 33.45 through 33.47 of this code. The city shall have the authority to enforce the revocation of the certificate of occupancy by appropriate means. Upon revocation the building shall not be used for any purpose until issuance of a new certificate of occupancy.
(Ord. 87, Seventh Series, passed 10-21-2019) Penalty, see § 154.999
§ 154.019 CONDITIONAL USE PERMITS.
(A) Purpose.
(1) In order to give the district use regulations of this chapter the flexibility necessary to achieve the objectives of the comprehensive guide plan in certain districts, conditional uses are permitted subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted.
(2) Conditions may be applied to issuance of a permit and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person or firm. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this section have been met.
(B) Petition, public hearing, notice and procedure. Except as otherwise noted and provided under this section, the petition, public hearing, public notice and procedural requirements for conditional use permits shall be the same as those for zoning amendments provided in § 154.020 of this subchapter.
(C) Action by the City Council. The City Council may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity. The City Council may grant a conditional use permit only by ordinance of the City Council. A certified copy of the conditional use permit shall be recorded with the County Recorder and shall include the legal description of the property included.
(D) Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:
(1) Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city;
(2) Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions;
(3) Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood;
(4) Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools;
(5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors;
(6) Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets;
(7) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance; and
(8) These standards apply in addition to specific conditions as may be applied throughout the code.
(E) Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(F) Denial for noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders the denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section.
(G) Periodic review; term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use.
(H) Lapse of conditional use permit by non-use. Whenever within one year after granting a conditional use permit, the use as allowed by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use that has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for decision.
(I) Enforcement and revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall constitute sufficient cause for termination of the conditional use permit by the City Council following a public hearing. Written notification of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the conditional use permit. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the conditional use permit of the opportunity to be heard at the public hearing. In addition to other remedies provided in this code or at law, failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall be a misdemeanor.
(Ord. 87, Seventh Series, passed 10-21-2019) Penalty, see § 154.999
§ 154.020 ZONING AMENDMENTS.
(A) Purpose. The purpose of this section is to prescribe the procedure and requirements for any change to the zoning classification or zoning boundaries of a property or any amendment to any provision of this chapter.
(B) Initiation. Proceedings for amendment of the chapter shall be initiated by:
(1) A petition of the owner or owners of the property which is to be rezoned;
(2) By action of the Planning Commission; and
(3) By action of the City Council.
(C) Pre-petition meeting. Prior to the submission of any petition by an owner or owners of property to amend a zoning classification or zoning boundary, the applicant shall hold a pre-petition meeting with the City Planner to introduce himself or herself as a potential petitioner, learn the relevant requirements of this chapter, discuss the anticipated uses of the subject property, and to set and determine how to provide notice of a pre-petition meeting with the City Planner and neighbors that live within 350 feet of the subject property.
(D) Petitions. All petitions for amendments which are initiated by the owner or owners of the property shall be filed with the City Administrator and, if the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by an abstractor’s certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the Planning Commission by the City Administrator.
(E) Public hearing, notice and procedure. The Planning Commission shall hold at least one public hearing, affording the parties interested the opportunity to be heard, and shall give not less than ten days’ notice of the time and place of the hearing, published in the designated legal newspaper for the city. The notice shall also include the description of the land and the proposed changes in zoning. At least ten days before the hearing, the City Administrator shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceeding provided a bona fide attempt to comply with this requirement has been made. The City Council may waive the above mailed notice requirement in connection with a citywide zoning or amendment to the text of this chapter initiated by the Planning Commission or the City Council.
(F) Referral to Planning Commission. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the Planning Commission for its consideration and recommendation.
(G) Maps or descriptions included. Petitions for rezoning shall include a detailed map and legal description clearly indicating the land or area to be rezoned.
(H) Council action; time limits. If the Planning Commission fails to make a report within 30 days after the close of the hearing, the City Council may act without the recommendation. The Council may grant the petition, in whole or in part, or it may continue the petition, from time to time, for further investigation and hearing. The Council may also request further information and report from the Planning Commission. The City Council may adopt a zoning regulation, amend a zoning regulation herein, or change the zoning classification or zoning boundaries of a property by ordinance, except any change to all or part of an existing classification of a zoning district from residential to either commercial or industrial requires an ordinance with a two-thirds majority vote of all members of the Council.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.021 INTERIM USE PERMITS.
(A) (1) Purpose. An interim use permit may be issued for a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it.
(2) Conditions. The City Council may issue interim use permits for an interim use of property for a period not to exceed five years if:
(a) The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein;
(b) The date or event that will terminate the use can be identified with certainty;
(c) The user agrees to any conditions that the Council deems appropriate for permission of the use; and
(d) The use meets the standards set forth in the zoning regulations herein governing conditional use permits.
(3) Termination. Any interim use permitted shall terminate on the date stated in the interim use permit or upon the effective date of any amendment to this section that results in the interim use being no longer permitted.
(4) Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of the review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the Council with all interested parties being given an opportunity to be heard.
(5) Public hearing required. Public hearings on the granting of interim use permits shall be required and shall be held in accordance with § 154.020 of this subchapter and, in all manner, conform with M.S. § 462.357, subd. 3, as it may be amended from time to time.
(B) Petitions.
(1) Petitions for interim use permits shall be filed with the City Planner in accordance with § 154.020 of this subchapter. The petition shall include a clear and complete description of the proposal, including a dimensioned site plan illustrating the location on the property where the interim use is proposed to occur.
(2) The Planning Commission for the city may conduct the public hearing on the petition and make recommendations to the Council regarding issuance of the permit and conditions. The City Council may review petitions for special permits at its next meeting. Approvals by the City Council may include any special conditions related thereto.
(C) Uses by Interim Use Permit. An interim use permit may only be issued as follows:
(1) Residence Districts.
(a) R-1 through R5 districts, no interim use permits allowed; and
(b) R-A: bituminous or concrete mixing facilities.
(2) Business Districts.
(a) B-1, no interim use permits allowed;
(b) B-2, no interim use permits allowed; and
(c) B-3 through B6: warehousing/commercial indoor storage
(3) Industrial Districts. I-1 through 1-4:
(a) Bituminous or concrete mixing facilities; and
(b) wood burning stoves.
(Ord. 87, Seventh Series, passed 10-21-2019; Am. Ord. 98, Seventh Series, passed 3-16-2020; Am. Ord. 3, Eighth Series, passed 6-3-2020)
§ 154.022 BUILDING PERMIT REVIEWS.
(A) (1) Building permits for any principal structure(s) shall not be issued by the city for any structures, except one- and two-family dwellings on platted property and except for alterations or repairs, until the building, site and landscape plans related thereto shall have been reviewed approved by the Building Official.
(2) The review and approval by the Building Official shall be valid for a period of one year, wherein, if a building permit has not been issued, the approval shall be null and void.
(B) (1) In order to ensure compliance with the intent and purpose of this chapter and compatibility with adjacent uses, the Building Official shall review and approve all building permits for commercial, industrial, public and multiple-residential buildings before the same is finally issued by the Building Official.
(2) In addition to completing the application for a building permit, the applicant shall provide the following information:
(a) A detailed landscape plan;
(b) Building plans including scaled elevation plans;
(c) A detailed and dimensioned site plan; and
(d) Drainage and utility plans.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.023 PETITION FORMS.
The city shall provide the necessary petition forms for all petitions required under this chapter.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.024 FEES AND ESCROWS.
(A) The required fees paid for each petition required under this chapter shall be as specified by the Council. Where the fees do not cover costs incurred by the city in reviewing, investigating, administering and processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the city.
(B) Any costs incurred by the city for any legal services rendered by its attorneys in connection with any zoning project under this chapter shall be paid by the petitioner.
(C) When the city determined that a project will necessitate the outside review or involvement of its consultants that it will incur costs in excess of $250, a non-interest bearing cash escrow may be required.
(Ord. 87, Seventh Series, passed 10-21-2019)
§ 154.025 ZONING ADMINISTRATOR.
The Council may employ a Zoning Administrator, or designate a city employee to assume the duties, or combine the duties with the duties of another city employee. It is the duty of the Zoning Administrator to enforce all zoning and subdivision laws and regulations.
(2002 Code, § 7.98) (Ord. 117, Third Series, effective 4-10-1985)
§ 154.030 R-A, AGRICULTURAL-RESIDENCE DISTRICT.
(A) Purpose. The R-A, Agricultural-Residence District, is intended to provide a district which:
(1) Will allow extensive areas of the community to be retained in a rural use in advance of the need for these lands for urban purposes;
(2) Will prevent scattered, haphazard urban growth and provide an orderly transition; and
(3) Will secure economy in governmental expenditures for municipal services, utilities and schools.
(B) Permitted uses.
(1) Single-family detached dwellings;
(2) Agricultural land uses;
(3) Nurseries, landscape gardening and tree farms and greenhouses all for the growing of plants, but not to include retail sales;
(4) Parks and recreational areas owned or operated by governmental agencies;
(5) Public schools, elementary, secondary and colleges and universities or private schools having a curriculum equivalent to a public elementary or secondary school or college or university;
(6) Golf courses; except that, club houses, miniature courses and driving tees operated for commercial purposes are not permitted; and
(7) Churches; provided that, no building shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts.
(C) Uses by conditional use permit. Within an R-A, Agricultural-Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Municipal administration buildings, police and fire stations, hospitals, community center buildings, public libraries, museums, art galleries, post office and other municipal service buildings, except those customarily considered industrial in use; and, provided that, no buildings shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts;
(2) Retail sales commonly incident to the uses listed in division (B)(3) above;
(3) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;
(4) Golf club house, country club, public swimming pool, private swimming pool serving more than one family; provided that, no principal structure shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts;
(5) Cemetery or memorial garden;
(6) Extraction of materials; provided that, the land is left in a usable condition when the use ceases to operate, and provided the application for a conditional use permit is accompanied by a map or plan clearly showing the proposed depth, side slopes and grades which will be permanently established upon the land as a result of the extraction;
(7) Stables and riding academies; and
(8) Keeping five or more boarders and/or roomers by a resident family.
(D) Permitted accessory uses. Within an R-A, Agricultural-Residence District, the following uses shall be permitted accessory uses:
(1) Private garage;
(2) Barns, stables, silos and other buildings used for agricultural purposes;
(3) Private swimming pool, when completely enclosed within a suitable fence at least five feet in height;
(4) Keeping of not more than four boarders and/or roomers by a resident family;
(5) Living quarters of persons employed on the premises;
(8) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.
(E) Height, yard, area and lot width and depth regulations.
(1) Height regulations.
(a) No single-family detached dwelling hereafter erected or altered shall exceed three stories or 30 feet in height.
(b) For agricultural accessory buildings, no height regulations shall be required.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet, unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard, in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure or, if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block.
(b) There shall be a front yard having a depth of not less than 40 feet on a lot or plot that abuts a thoroughfare, as shown an the adopted city thoroughfare plan.
(c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street.
(4) Side yard regulations. There shall be a side yard, on each side of a building, having a width of not less than ten feet.
(5) Rear yard regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot.
(6) Lot area, width and depth regulations. Every lot or plot of land on which a single-family dwelling is erected shall contain an area of not less than two and one-half acres and shall have a minimum width of not less than 130 feet at the building setback line and a minimum depth of not less than 125 feet.
(2002 Code, § 7.10) (Ord. 324, effective 11-20-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 6, Third Series, effective 7-1-1979; Ord. 71, Third Series, effective 8-15-1982)
§ 154.031 R-1, ONE-FAMILY RESIDENCE DISTRICT.
(A) Purpose. The R-1, One-Family Residence District, is intended to provide a district which will allow residential development in those areas where the development fits the land use plan and policies and where municipal utilities are available.
(B) Permitted uses. Within an R-1, Residence District, no building or land shall be used, except for one or more of the following uses:
(1) Single-family detached dwellings;
(2) Parks and recreational areas owned or operated by governmental agencies;
(3) Public schools, elementary, secondary and colleges and universities, or private schools having a curriculum equivalent to a public elementary, secondary school, college or university;
(4) Golf courses, except club houses, miniature courses and driving tees operated for commercial purposes; and
(5) Churches; provided that, no building shall be located within 50 feet of any lot line of an abutting lot in any of the classes of residence districts.
(C) Uses by conditional use permit. Within an R-1, Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Municipal administration buildings, police and fire stations, hospitals and medical clinics, medical related sales and services when located within a medical clinic building or hospital; and, provided, they shall not occupy more than 20% of the gross floor area of the building, or only where directly adjacent to hospitals, community center buildings, public libraries, museums, art galleries, post office and other municipal service buildings, except those customarily considered industrial in use; provided that, none of the above mentioned buildings shall be located within 50 feet of any abutting lot that contains a dwelling or is vacant in any of the classes of residence districts;
(2) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;
(3) Golf club house, country club, public swimming pool, private swimming pool serving more than one family; provided that, no principal structure shall be located within 50 feet of any lot line of an abutting lot in any of the classes of residence districts;
(4) Cemetery or memorial garden;
(5) Keeping three or more boarders and/or roomers by a resident family;
(6) If, prior to 9-1-1977, the use has been a public or private school, a church or other church purpose (excluding a parish house), a city, state or federal government purpose, a hospital, a nursing home, a medical clinic or a small retail or grocery store, it may be remodeled and allowed as a conditional use if it meets the restrictions of this division. The conditional uses may be professional offices and offices of a general nature including, but not limited to, doctors, dentists, lawyers, architects, engineers, accountants, insurance, real estate, government and non-profit organizations. Uses which cannot be allowed are retail sales, wholesale sales or warehousing. The building to be so remodeled and used must retain at least 60% of the exterior structure of the original building; and
(7) The conversion of an existing single-family dwelling to a two-family dwelling on a lot of record existing at the effective date of this division, provided the lot is not less than 9,000 square feet in area, 75 feet in width and 120 feet in depth. The conversion of a one-family dwelling to a two-family dwelling may be allowed on a lot 50 feet or greater in width and less than 75 feet; provided, the lot is at least 9,000 square feet in area.
(D) Permitted accessory uses. Within an R-1, Residence District, the following uses shall be permitted accessory uses:
(1) Private garage;
(2) Private swimming pool, when completely enclosed within a suitable fence at least five feet in height;
(3) Keeping of not more than two boarders and/or roomers by a resident family;
(4) Living quarters of persons employed on the premises;
(7) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.
(E) Height, yard, area and lot width and depth regulations.
(1) Height regulations. No building hereafter erected or altered shall exceed three stories or 30 feet in height.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new buildings or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure, or if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block.
(b) There shall be a front yard having a depth of not less than 40 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure or, if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block.
(c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner of each corner lot. No accessory building shall project into the required front yard bordering either street.
(d) Whenever there is a lot of record existing at the effective date of this chapter, the front yard of the side street of a corner lot may be reduced to a width of not less than 25% of the lesser frontage of the lot. However, a setback in excess of that specified above in divisions (E)(3)(b) and (E)(3)(c) above will not be required.
(4) Side yard regulations. The side yard on each side of a building shall not be less than the lesser of ten feet or 10% of the width of the lot.
(5) Rear lot regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot.
(6) Lot area regulations. Every lot on which a single-family dwelling is erected shall contain an area of at least 7,200 square feet.
(7) Lot width and depth regulations.
(a) Every lot on which a single-family dwelling is erected shall have a minimum width of 60 feet at the building setback line and a minimum depth of 120 feet.
(b) A lot of record existing on the effective date of this chapter may be used for the erection of a single-family dwelling; provided, it has a width of at least 50 feet and a depth of at least 100 feet.
(2002 Code, § 7.11) (Ord. 324, effective 11-20-1965; Ord. 51, Third Series, effective 2-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 117, Third Series, effective 4-10-1985; Ord. 76, Seventh Series, effective 1-6-2019)
§ 154.032 R-2, ONE- AND TWO-FAMILY RESIDENCE DISTRICT.
(A) Purpose. The R-2, One- and Two-Family Residence District, is intended to provide a district which will allow for single- and double-family dwelling development in those areas where the development fits the land use development plan and where municipal utilities are available.
(B) Permitted uses. Within an R-2, Residence District, no building or land shall be used, except for one or more of the following uses:
(1) Any use permitted in the division of the R-1, One-Family Residence District, as regulated therein; and
(2) Two-family dwellings.
(C) Uses by conditional use permit. Within an R-2, Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.031(C) of this chapter of the R-1, One-Family Residence District, as regulated therein;
(2) If, prior to 9-1-1977, the use has been a public or private school, a church or other church purpose (excluding a parish house), a city, state or federal government purpose, a hospital, a nursing home, a medical clinic or a small retail or grocery store, it may be remodeled and allowed as a conditional use if it meets the restrictions of this division (C). The conditional uses may be professional offices and offices of a general nature including, but not limited to, doctors, dentists, lawyers, architects, engineers, accountants, insurance, real estate, government and non-profit organizations. Uses which cannot be allowed are retail sales, wholesale sales or warehousing. The building to be so remodeled and used must retain at least 60% of the exterior structure of the original building;
(3) The erection of a two-family dwelling or the conversion of a single-family dwelling to a two-family dwelling on a lot of record existing at the effective date of this division (C)(3); provided, the lot is not less than 6,000 square feet in area and 50 feet in width and 120 feet in depth; and
(4) The conversion of an existing one- or two-family dwelling to a three-family dwelling on a lot of record existing at the effective date of this division (C); provided, the lot has at least 3,000 square feet in area for each dwelling unit, and the buildings plus required parking do not occupy more than 35% of the lot area.
(D) Permitted accessory uses. Within an R-2, Residence District, the following uses shall be permitted accessory uses:
(1) Any use permitted in division (D) of the R-1, One-Family Residence District, as regulated therein; and
(2) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.
(E) Height, yard, area, lot width and depth regulations.
(1) Height regulations. No building hereafter erected or altered shall exceed three stories or 30 feet in height.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure or, if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block.
(b) There shall be a front yard of not less than 35 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan.
(c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street.
(d) Whenever there is a lot of record existing at the effective date of this chapter, the front yard on the side street of a corner lot may be reduced to a width of not less than 25% of the lesser frontage of the lot. A setback in excess of that specified in divisions (E)(3)(b) and (E)(3)(c) above will not be required.
(4) Side yard regulations. There shall be a side yard, on each side of a building, having a width of not less than five feet.
(5) Rear yard regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot.
(6) Lot area requirements.
(a) A lot on which there is erected a single-family dwelling shall have an area of not less than 6,000 square feet.
(b) A lot on which there is erected a two-family dwelling shall have an area of not less than 9,000 square feet.
(7) Lot width and depth regulations.
(a) A lot on which there is erected a single-family dwelling shall have a minimum width of not less than 50 feet at the building setback line, and a minimum depth of not less than 120 feet.
(b) A lot on which there is erected a two-family dwelling shall have a minimum width of not less than 75 feet at the building setback line, and a minimum depth of not less than 120 feet.
(2002 Code, § 7.12) (Ord. 324, effective 11-20-1965; Ord. 51, Third Series, effective 2-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 117, Third Series, effective 4-10-1985; Ord. 79, Sixth Series, effective 1-7-2008)
§ 154.033 R-3, MULTIPLE-FAMILY RESIDENCE DISTRICT.
(A) Purpose. The R 3, Multiple-Family Residence District, is intended to provide a transitional district between one- and two-family residence districts and the regular multiple housing district where the development conforms to the city’s Comprehensive Plan, where they properly relate to other land uses and thoroughfares and where municipal utilities are available.
(B) Permitted uses. Within an R-3, Multiple-Family Residence District, no building or land shall be used, except for one or more of the following uses:
(1) Any use permitted in § 154.032(B) of this chapter, as regulated therein; and
(2) Multiple dwellings (apartments, rowhouses, townhouses and the like).
(C) Uses by conditional use permit. Within an R-3, Multiple-Family Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.032(C) of this chapter, as regulated therein;
(2) Planned unit development, as provided in § 154.034 (H) of this chapter; and
(3) Elderly tenant multiple housing project.
(D) Permitted accessory uses. Within an R-3, Multiple-Family Residence District, the following uses shall be permitted accessory uses:
(1) Any use permitted in § 154.032(D) of this chapter, as regulated therein;
(2) Private or community garages;
(3) Private recreational facilities, including swimming pools, tennis courts, intended solely for the use and enjoyment of the residents of the principal use and their guests; and
(4) Accessory uses customarily incident to, the uses permitted in divisions (B) and (C) above.
(E) Height, yard area, lot width and depth, lot coverage and minimum floor area regulations.
(1) Height regulations. Townhouses shall not exceed three stories or 35 feet in height.
(2) Lot width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet on all public streets.
(b) There shall be a front yard of not less than 40 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan.
(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on either street.
(d) On private streets, there shall be a front yard setback from the curb line of 20 feet.
(4) Side yard regulations.
(a) There shall be a minimum required interior side yard between buildings on the same lot having a width of not less than the average height of the building on that side.
(b) There shall be a side yard on each side of a building (between the building and the property line) having a width of not less than 20 feet.
(5) Rear yard regulations.
(a) There shall be a minimum interior rear yard between buildings on the same lot having a width of not less than the sum of the heights of the two buildings.
(b) There shall be a rear yard having a depth of not less than 30 feet (between the building and the property line).
(6) Lot area regulations.
(a) The required total lot area, in square feet, shall not be less than the sum of the minimum lot area per dwelling unit which shall be further adjusted by the allowances permitted or imposed hereunder and, in no event, except as herein provided, shall the required lot area be less than the minimum total lot area.
1. The minimum total lot area per dwelling unit shall not be less than 3,000 square feet.
2. The minimum total lot area shall not be less than 10,000 square feet.
(b) Where single-family dwellings on the project site are being razed or removed to permit construction of the multiple-family residences, the project may include one additional dwelling unit for each single-family dwelling.
(c) Where a lot has less area than herein required, and was of record at the effective date of this chapter, that lot may be used only for single- or two-family dwelling purposes; provided, it has a width of at least 50 feet and a depth of at least 100 feet.
(7) Lot width and depth regulations. A lot on which there is erected a multiple dwelling shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 120 feet.
(8) Lot coverage regulations and floor area ratio. Buildings, plus required parking, shall not occupy more than 35% of the total lot area.
(F) Design and construction requirements.
(1) No building shall contain more than 12 dwelling units; provided, however, that, no building face shall be longer than 220 feet.
(2) Other design and construction requirements are set forth in § 154.035(F) of this chapter.
(G) General regulations.
(1) Planned unit developments are permitted as regulated in § 154.035(H) of this chapter.
(2002 Code, § 7.13) (Ord. 324, effective 11-20-1965; Ord. 51, Third Series, effective 2-1-1982; Ord. 71, Third Series, effective 8-15-1982; Ord. 181, Third Series, effective 1-15-1989; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.034 R-4, MULTIPLE-FAMILY RESIDENCE DISTRICT.
(A) Purpose. The R-4, Multiple-Family Residence District, is intended to provide a district which will allow multiple dwellings (apartments, row houses, townhouses and the like) in those areas where the development fits the land use plan, where properly related to other land uses and thoroughfares and where municipal utilities are available.
(B) Permitted uses. Within an R-4, Residence District, no building or land shall be used, except for one or more of the following uses:
(1) Any use permitted in § 154.033(B) of this chapter, as regulated therein;
(2) Multiple dwellings and apartment buildings;
(3) Institutions of a religious, educational, eleemosynary or philanthropic nature; and
(4) Private club and lodges, except those the chief activity of which is a service customarily carried on as a business.
(C) Uses by conditional use permit. Within an R-4, Multiple-Family Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.033(C) of this chapter, as regulated therein;
(2) Manufactured home parks subject to the requirements for planned unit developments, as provided in division (H) below;
(3) Planned unit developments as provided in division (H) below; and
(4) Elderly tenant multiple housing project.
(D) Permitted accessory uses. Within an R-4, Multiple-Family Residence District, the following uses shall be permitted accessory uses:
(1) Any use permitted in § 154.033(D) of this chapter, as regulated therein; and
(2) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.
(E) Height, yard, area, lot width and depth and lot coverage regulations.
(1) Height regulations. Multiple dwellings shall not exceed four stories or 45 feet in height, except as provided in § 154.085 of this chapter; provided further that, any building exceeding three stories in height shall set back from all yard lines required in this section an additional distance of one foot for every one foot that the building exceeds the height of 30 feet.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet, except when located within a mobile home park.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet.
(b) There shall be a front yard of not less than 35 feet on a lot or plot that abuts a thoroughfare, as shown on the adopted city thoroughfare plan.
(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project into the front yard bordering either street.
(4) Side yard regulations.
(a) There shall be a side yard on each side of a building, having a width of not less than 15 feet for buildings not exceeding three stories in height.
(b) For buildings exceeding three stories in height, there shall be a side yard on each side of a building having a width of 15 feet, plus one foot of side yard for each one foot of building height over 30 feet.
(5) Rear yard regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot.
(6) Lot area regulations.
(a) The required total lot area, in square feet, shall not be less than the sum of the minimum lot area per dwelling unit which shall be further adjusted by the allowances permitted or imposed hereunder and, in no event, except as herein provided, shall the required lot area be less than the minimum total lot area.
1. The minimum total lot area per dwelling unit shall not be less than 2,500 square feet.
2. The minimum total lot area shall not be less than 10,000 square feet.
(b) The maximum amount of allowance permitted is 1,000 square feet per dwelling unit; except that, in the case of division (E)(6)(b)4. below the allowance of that division may be applied in addition to the 1,000 square feet allowance, and the basis for computing the amount of allowance permitted shall be as follows:
1. For each parking stall in or under the multiple residence or otherwise completely underground, subtract 500 square feet;
2. If the multiple residence site adjoins a street indicated on the city thoroughfare plan as a limited access highway or thoroughfare, subtract 300 square feet per dwelling unit; provided further that, when the site is located at the intersection of two streets the allowance shall be 500 square feet per dwelling unit;
3. If the multiple residence site adjoins property zoned B-2, B-3, B-4, B-5, B-6 or any industrial district on at least one quarter of its peripheral distance, subtract 300 square feet per dwelling unit; provided that, this allowance shall not apply where the district is across a street;
4. If the multiple residence site adjoins directly across a street zoned B-2, B-3, B-4, B- 5, B-6 or any industrial district on at least one-quarter of its peripheral distance, subtract 100 square feet per dwelling unit; provided further that, where a multiple residence site qualifies for the credit set forth in division (E)(6)(b)3. above, the credit set forth in this division (E)(6)(b)4. shall not apply;
5. If the multiple residence site adjoins property zoned B-5 on at least one-quarter of its peripheral distance (either directly or across a street) subtract 100 square feet per dwelling unit;
6. If the multiple residence site is part of a community unit project as set forth in this section, subtract 500 feet per dwelling unit;
7. If the multiple residence site is not contiguous to any business district, industrial district, R-4 or R-5 Districts on at least one-quarter of its peripheral distance, add 500 square feet per dwelling unit;
8. For each bedroom in excess of two in any one dwelling unit, add 400 square feet for each dwelling unit; and/or
9. For each parking stall completely enclosed (garage), subtract 100 square feet.
(c) Where single-family dwellings on the project site are being razed or removed to permit construction of the multiple-family residences, the project may include three additional dwelling units for each single-family dwelling.
(d) Where a lot has less area than herein required, and was of record at the effective date of this chapter, that lot may be used only for single- or two-family dwelling purposes provided it has a width of at least 50 feet and a depth of at least 100 feet.
(7) Lot width and depth regulations. A lot on which there is erected a multiple dwelling shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 120 feet.
(8) Lot coverage regulations and floor area ratio.
(a) Not more than 35% of a lot or plot shall be occupied by buildings; and
(b) There shall be a maximum floor area ratio (FAR) of 0.55. Floor area ratio shall be determined by dividing the sum total of the gross area of all floors of the principal structure on a site by the gross area of the site.
(F) Design and construction requirements.
(1) Design review. A building permit for a multiple dwelling must be approved by the Planning Commission and Council in the manner set forth in § 154.016 of this chapter, and the Planning Commission and Council may designate conditions or guarantees in connection therewith as will secure substantially the provisions of this district.
(2) Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:
(a) One bedroom unit: ten lineal feet of closet space and 80 cubic feet of bulk storage;
(b) Two bedroom unit: 20 lineal feet of closet space and 100 cubic feet of bulk storage;
(c) Three or more bedrooms: for each bedroom in excess of two in any one dwelling unit, an additional ten lineal feet of closet space and 50 cubic feet of bulk storage; and
(d) Only closet space having a minimum clear finish to finish depth of two feet, zero inches, shall be considered in determining the lineal feet of closet provided.
(3) Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid core construction and include gaskets and closure plates. Room relationships, hallway designs, door and window placements and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.
(4) Projecting air conditioning and heating units. Air conditioning or heating units projecting through walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance.
(5) Trash incinerators and garbage. Except with townhouses and multiple residence sites of four or less units, no exterior trash or garbage disposal or storage shall be permitted. In the case of townhouses and multiple residences with four or less units, any storage and exterior incineration shall be completely enclosed by walls and roof.
(6) Elevators. Any multiple residence building of four stories or more shall be equipped with at least one public elevator.
(7) Building length. No building shall be longer than 220 feet.
(8) Accessory buildings and uses. Accessory buildings and uses shall observe the same setback requirements established for the multiple residence building; except that, accessory buildings located within the rear yard of the multiple residence that does not back onto any property zoned R-A, R-1 or R-2 building may be located to within five feet of the rear or interior side property line. The Council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure.
(9) Lot depths. Lot depths in excess of 150% of the lot width shall not be used in computing the gross lot area to be used for apartment unit density.
(10) Garages. Garages as required in multiple dwelling districts shall have a minimum approach of the access drives of at least 18 feet; provided, however, that, where electric automatic garage door openers are provided, the distance may be reduced to eight feet.
(11) Parking access drives. Parking access drives and all drives into and within a multiple residence area shall be a minimum width of 24 feet.
(H) Planned unit developments.
(1) Purposes. The purpose of this division (H) is to make provision for the implementation of peculiar development realities of large developments, to emphasize the blending rather than the separation of land uses, to incorporate improvements in land assemblage and development techniques, to encourage the creative use of open space and to relate various land use elements within a large development to limitations of a particular site. The planned unit development projects shall be developed in accordance with an overall design and an integrated general development plan, be consistent with the intent and purposes of this section, and not adversely affect the property adjacent to the land included in the project.
(2) Regulations.
(a) A planned unit project development shall consist of a harmonious selection of uses and grouping of buildings, services and parking areas, circulation and open spaces, and shall be planned and designed as an integrated unit, in a manner as to constitute a safe, efficient and convenient living area. This project shall be consistent with the Comprehensive Land Use Plan for the city.
(b) The project may provide for a commercial land use, as the same is defined in this chapter; provided, the commercial land use occupy not more than 15% of the land in the planned unit development not occupied by streets and alleys. All commercial land uses must be related to and be compatible with residential land uses in the planned unit development.
(c) The project shall conform to all of the following requirements:
1. Listed in § 154.098 of this chapter;
2. Application of standard ratios:
a. Gross land area times maximum residential floor area ratio equals maximum floor area permitted;
b. Actual floor area times minimum open space ratio minimum required open space;
c. Actual floor area times minimum livability space ratio equals minimum required livability space (open space minus parking, streets, drives, delivery areas and driveways);
d. Actual floor area times recreation space ratio minimum required recreation space (space devoted entirely to recreational land use for the residents in the PUD);
e. Actual number of dwelling units times minimum off-street parking ratio equals number of off-street parking spaces required;
f. PUD area minus streets and alleys times maximum commercial area ratio equals maximum gross commercial land area;
g. Actual commercial land area times maximum commercial lot coverage ratio equals maximum commercial lot average;
h. Actual commercial floor area times minimum off-street parking ratio equals minimum off-street parking area; and
i. Actual commercial land area times minimum green space ratio equals minimum green space area.
(d) The minimum area of land to be included in a planned development shall at least be two acres.
(e) The planned unit development project shall be served by sewer and water systems.
(f) Private roadways within the project shall be installed to city’s specifications for public roadways.
(g) In order that the purposes of the planned unit development project may be achieved, the land and buildings and appurtenant facilities shall be in single ownership or under the management and supervision of a central authority, or otherwise subject to supervisory lease or ownership control as may be reasonably necessary to carry out the provisions of this section. This requirement shall be binding upon the heirs and assigns if the project be under single ownership, or the successors and assigns if the project be under the management and supervision of a central authority, and any heirs or assigns or successors and assigns who may take over the completion of the project must comply with the original general development plan.
(h) Planned unit development projects shall contain adequate amount of land for park or local permanent open space use, exclusive of sump and drainage areas, which shall not be less than 10% of the gross area of the property and which shall be land that can be utilized for park and playground purposes without extensive filling operations, and the land shall conform, as near as is practicable to park areas proposed by the adopted City Comprehensive Plan. Low or swamp land may be a part of open space when the Planning Commission finds that lands are needed for drainage purposes, or suitable for park development, and conform to the Comprehensive Plan and will enhance the neighborhood through the preservation of natural areas. The low or swamp lands shall be considered no more than 25% of the total area in computing overall density. The open spaces shall be permanent and may not be replatted in the future. The Planning Commission may in the case of the plats showing land, to be used for park, recreation, school, open space or other space, or other municipal use, set forth conditions of the ownership, maintenance and use of the lands as it deems necessary to assure preservation of the lands for their intended purpose. Park recreation, school or open space lands at the option of the city may be deeded to the public, retained by the developer or deeded to an association of home owners. When the lands are retained in other than public ownership, plans for improvement and maintenance of these tracts must be approved by the city’s Park Board and suitable deed restrictions must be approved by the Planning Commission to assure both continuing use of the tracts for purposes as well as proper use and maintenance of the same.
(i) Mobile home parks may be approved only as a planned unit development project; provided, they shall contain a minimum gross lot area or trailer parking area of 5,000 square feet per unit. The gross lot area shall include all private drives and parking spaces within the park or court, but shall not include any surrounding public streets; and, provided, they also meet the other community unit project requirements of this division (H)(2).
(j) When shoreland is part of a planned unit development, the planned unit development cannot have more than one centralized shoreland recreation facility for each cluster of residential units.
(3) Administrative procedure.
(a) The proponents of a planned unit development project shall submit a general development plan along with the application for rezoning or conditional use permit to, and secure the approval of, the city’s Planning Commission and Council. The general development plan shall be submitted to the City Engineer, City Planner, City Building Inspector and City Fire Chief at least ten days prior to the City Planning Commission meeting at which the same should be considered. These city staff members shall prepare reports thereon setting out whether or not the general development plan meets the requirements of state law, city ordinances and the city’s overall guide plans. These reports shall be submitted to the Planning Commission at its next regular meeting.
(b) If any shoreland is a part of the planned unit development, the general development plan shall be submitted to the City Engineer. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The plan shall show:
1. The proposed site and existing developments on adjacent properties;
2. Proposed size, location and arrangement of buildings;
3. Parking areas and stall arrangements;
4. Entrance and exit drives;
5. Off-street parking areas shall be so designed that vehicles can be parked in a convenient and orderly fashion and so that traffic may move from one part of a parking lot to another without using a public street. All open off-street parking areas shall be effectively screened by a wall or fence of acceptable design, or by a compact hedge along all sides which adjoin or are directly across the street from property in an R-A, R-1 or R-2 zone. The wall, fence or hedge shall not be less than four feet high and not more than six feet high and shall be maintained in good condition. The wall or fence shall not be used for advertising purposes. All lighting used to illuminate off-street parking areas shall be so arranged as to deflect the light away from adjacent properties in residential use;
6. Landscaping;
7. Dimensions;
8. Proposed sewer and water systems; and
9. Recreation areas.
(c) If the zoning change and conditional use is approved, the general development plan is attached to and is a part of the ordinance establishing the zoning change. Any substantial change to the plan will require a resubmission to and approval by the Planning Commission and Council.
(d) The owner or developer must agree to comply with all the requirements of the city regarding lighting, noise abatement, traffic control and regulations, maintaining order and keeping the premises free from debris and any other conditions that may be attached to the conditional use permit.
(e) The development of the general development plan shall be in substantial compliance with the approval final development plan. Compliance shall not be considered substantial if there is:
1. More than 5% increase in floor ratio;
2. More than a 10% reduction in the originally approved separation between buildings; and
3. The final plat for a planned unit development containing shoreland shall not be modified, amended, repealed or otherwise altered unless approved in writing by the developer, the city and the Commissioner of the state’s Department of Natural Resources.
(2002 Code, § 7.14) (Ord. 324, effective 11-20-1965; Ord. 71, Third Series, effective 8-15-1972; Ord. 6, Third Series, effective 7-1-1979; Ord. 181, Third Series, effective 1-15-1989; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.035 R-5, MULTIPLE RESIDENCE DISTRICT.
(A) Purpose. The R-5, Multiple Residence District, is intended to provide a district for the development of dormitory, convalescent and nursing home and high-rise apartment buildings in areas where the development conforms to the city’s Comprehensive Plan, and where this development properly relates to other land uses, thoroughfares and where municipal utilities are available.
(B) Permitted uses. Within an R-5, Multiple Residence District, no building or land shall be used except for one or more of the following uses:
(1) Any use permitted in § 154.034(B) of this chapter, as regulated therein;
(2) Dormitory, fraternity and sorority buildings containing five or more units;
(3) Boarding and lodging houses, convalescent and nursing homes;
(4) Hospitals; and
(5) High-rise apartment buildings, subject to the limitations of this section.
(C) Uses by conditional use permit. Within an R-5, Multiple Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any uses permitted in § 154.034(C) of this chapter, as regulated therein;
(2) Accessory uses as provided in division (D) below to be open to the general public, except that the floor area devoted to the uses shall not be increased; and
(3) Elderly tenant multiple housing project.
(D) Permitted accessory uses. Within an R-5, Multiple Residence District, the following uses shall be permitted accessory uses:
(1) Any use permitted in § 154.034(D) of this chapter, as regulated therein;
(2) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above; and
(3) Shops, cafeterias, offices and club or lodge rooms solely for the use by the residents and their guests. Accessory uses shall be permitted within the principal buildings; provided, they are accessible only from the interior of the building and have no advertising or display relative thereto which is visible from the outside of the building. Not more than 10% of the gross floor area of a building may be devoted to these accessory uses.
(E) Height, yard, area, lot width and depth, lot coverage and minimum floor area regulations.
(1) Height regulations. Maximum height requirements shall be determined by building setback requirements and the floor area ratio (FAR) of this section.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet, except when located within a mobile home park.
(3) Front yard regulations.
(a) There shall be a minimum front yard setback requirement of 35 feet.
(b) There shall be a minimum front yard setback requirement of 50 feet on a lot or plot that abuts a thoroughfare as shown on the city thoroughfare plan.
(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on either street.
(d) Buildings greater than 35 feet in height shall set back one additional foot for each foot the building exceeds 35 feet in height; except that, buildings which have lengths in excess of twice their height shall be set back one and one-half feet for each foot of height from that street frontage adjacent to the length of the building.
(4) Side yard regulations.
(a) There shall be a side yard on each side of a building equal to the height of the building.
(b) Except that, no building shall be located closer than one and one-half times its height from a side lot line abutting on R-A, R-1 or R-2 District boundary.
(5) Rear yard regulations. There shall be a rear yard of not less than 50 feet or the height of the building, whichever is greater.
(6) Lot area regulations. There shall be a maximum floor area ratio (FAR) of 1.5. Floor area ratio shall be computed as in § 154.034(E) of this chapter.
(a) The minimum lot area per each living unit shall not be less than 620 square feet.
(b) The minimum total lot area shall be not less than 16,000 square feet.
(c) Where a lot has less area than herein required, and was of record at the effective date of this chapter, that lot may be used only for single- or two-family dwelling purposes; provided, it has a width of at least 50 feet and a depth of at least 100 feet.
(F) Design and construction requirements. The design and construction requirements for the R-5, Multiple Residence District, shall be the same as set forth in § 154.034(F) of this chapter.
(2002 Code, § 7.15)
§ 154.036 B-1, LIMITED BUSINESS DISTRICT.
(A) Purpose. The B-1, Limited Business District, is intended to provide a district which is related to and may reasonably adjoin high density or other residential districts for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. The office uses allowed in this district are those in which there is limited contact with the public and no manufacture, exterior display or selling of merchandise to the general public.
(B) Permitted uses. Within a B-1, Limited Business District, no building or land shall be used, except for one or more of the following uses:
(1) Multiple dwellings, apartment buildings, townhouses, group or row houses and high-rise apartment buildings;
(2) Boarding and lodging houses, convalescent and nursing homes;
(3) Hospitals;
(4) Institutions of a religious, educational, eleemosynary or philanthropic nature;
(5) Private club and lodges, except those the chief activity of which is a service customarily carried on as a business;
(6) Medical offices and clinics; and
(7) Offices for administrative, executive professional, research or similar organization, and laboratories having only limited contact with the general public; provided that, no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal permissible use.
(C) Uses by conditional use permit. Within a B-1, Limited Business District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Automobile sales, used car lots, car washing establishments, service stations and repair shops subject to the following.
(a) The outside display and storage area shall be surfaced with a dust-free material, and the arrangement of entrances, exits and parking stalls shall be subject to the approval of the City Engineer. Off-street parking and loading areas shall be surfaced as required by §§ 154.190 through 154.204 of this chapter.
(b) The lighting, whether direct or reflected, such as from floodlights or spotlights, and as differentiated from general illumination, shall not be directed into any adjacent property.
(2) Banks and savings and loan institutions;
(3) Hotels;
(4) Mortuaries;
(5) Music studios;
(6) Photographic studios;
(7) Interior decorating studios;
(8) Laundries and dry cleaning establishments in which only non-explosive and non-flammable solvents are used;
(9) Day nurseries provided that not less than 50 square feet of outside play space per pupil be provided and when completely enclosed within a chain link or approved equal fence at least five feet in height;
(10) Other business activities of the same general character as listed in division (B) above; and
(11) Elderly tenant multiple housing project.
(D) Permitted accessory uses. Within a B-1, Limited Business District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above;
(E) Height, yard and lot coverage regulations.
(1) Height. No building shall hereafter be erected or structurally altered to exceed four stories or 45 feet in height; provided further that, any building exceeding three stories in height shall set back from all yard line required in this section an additional distance of one foot for every one foot that the building exceeds the height of 30 feet.
(2) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 20 feet.
(b) There shall be a front yard having a depth of at least 35 feet on a lot or plot that abuts a thoroughfare, as shown on the adopted city thoroughfare plan.
(c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street.
(d) Except that, any B-1, Limited Business District, which is located adjacent to or adjoining any B-2 or B-3, Business District, in which a front yard of less than 20 feet is allowed, the front yard of that district may be used.
(3) Side yard regulations.
(a) There shall be a side yard, on each side of a building, having a width of not less than ten feet.
(b) Except that, no building shall be located within 15 feet of any side lot line abutting a lot in any R-A, R-1, R-2, R-3, R-4 or R-5 Districts.
(c) Except that, any B-1, Limited Business District, which is located adjoining any B-2 or B-3, Business District, in which a side yard of less than ten feet is allowed, the side yard of that district may be used.
(4) Rear yard regulations.
(a) There shall be a rear yard having a depth of not less than 20 feet.
(b) Except that, any B-1, Limited Business District, which is located adjoining any B-2 or B-3, Business District, in which a rear yard of less than 20 feet is allowed, the rear yard of that district may be used.
(5) Lot coverage regulations.
(a) Not more than 50% of a lot or plot shall be occupied by buildings.
(b) Except that any B-1, Limited Business District, which is located adjoining any B-2 or B-3, Business District, in which a lot coverage greater than 50% is allowed, the lot coverage of that district may be used.
(2002 Code, § 7.20) (Ord. 324, effective 11-20-1965; Ord. 6, Third Series, effective 7-1-1970; Ord. 181, Third Series, effective 1-15-1989; Ord. 24, Eighth Series, effective 4-10-2022)
§ 154.037 B-2, SERVICE BUSINESS DISTRICT.
(A) Purpose. The B-2, Service Business District, is intended to provide a district for a wide range of services and goods which might be incompatible with the uses permitted in retail business district. It is intended the B-2, Service Business District, be located in separate areas which may be adjacent to other retail business districts or in close proximity to a major thoroughfare.
(B) Permitted uses. Within a B-2, Service Business District, no building or land shall be used, except for one or more of the following uses; and, provided further, in keeping with the city’s goal of visual imageability and maintaining property values in areas adjacent to the approach to the city, no permitted use, conditional use or accessory use shall be allowed which in the opinion of the city’s Planning Commission and Council will impair, affect or destroy the beauty of the area, and the traffic carrying capacity of related streets, thoroughfares and highways near or adjacent thereto:
(1) Adult accessory use;
(2) Armories, convention halls or exhibition halls;
(3) Barber or beauty shops;
(5) Billiard or pool halls;
(6) Bowling alleys;
(7) Drive-in restaurants, drive-in theaters or uses that provide goods and services to patrons in automobiles subject to the following requirements.
(a) A solid screen fence of acceptable design at least five feet in height shall be constructed along the property line when the use is abutting any of the classes of residential districts.
(b) The parking area shall be surfaced with a dust-free material and the arrangement of entrances, exits and parking stalls shall be subject to the approval of the City Engineer.
(c) The lighting, whether direct or reflected such as from floodlights or spotlights, and as differentiated from general illumination, shall not be directed into an adjacent property.
(8) Banks and savings institutions with drive-in facilities;
(9) Home improvement center, retail sale of home furnishings, appliances, carpeting, tile and other home improvement items in an enclosed building;
(10) Grocery, fruit, vegetable and meat stores;
(11) New automobile dealerships, subject to the following.
(a) The outside display and storage area shall be surfaced with a dust-free material, and the arrangement of entrances, exits and parking stalls shall be subject to the approval of the City Engineer. off-street parking and loading areas shall be surfaced as required by §§ 154.170 through 154.177 of this chapter.
(b) The lighting, whether direct or reflected, such as from floodlights or spotlights, and as differentiated from general illumination, shall not be directed into any adjacent property.
(c) All automobiles not in saleable or running condition or automobile parts must be stored inside a building or within an area screened by an opaque fencing.
(12) Greenhouses - retail;
(13) Laboratories - medical and dental;
(14) Marine and boat sales and servicing establishments;
(15) Miniature golf course, par three golf courses, archery range, golf driving range, fenced individual ball challenge games, fenced ball pitching areas, one-on-one water fight games (such as water balloon, water cannon and the like), water slides, go-cart tracks limited to no more than 12 five-horsepower carts per track, miniature boat raceways or similar limited to no more than 12 three-horsepower boats per pool operated for commercial purposes;
(16) Monument sales not including processing;
(17) Mortuaries or funeral homes;
(18) Hotels;
(19) Newspaper distribution agencies;
(20) Nurseries, garden stores and commercial greenhouses;
(21) Orthopedic and medical appliance stores, but not including the assembly or manufacturing of the articles;
(22) Offices;
(23) Pet and animal hospitals;
(24) Plumbing, heating or electrical showrooms and shops;
(25) Printing shops;
(26) Public utility structures, municipal and governmental buildings;
(27) Publishing shops;
(28) Radio and television service and repair shops;
(29) Recording studios;
(30) Restaurants;
(31) Schools - music, dance and business;
(32) Skating rinks;
(33) Taverns;
(34) Taxidermists;
(35) Telephone booths (outside);
(36) Theaters;
(37) Vending machines for ice and milk sales;
(38) Medical and dental clinics;
(39) Auto-parts, retail and gas filling/convenience store;
(40) Museums, community centers, art galleries and similar cultural facilities;
(41) Pawn shops;
(42) Retail bakeries;
(43) Cabinet or carpenter shops;
(44) Dry cleaning establishments;
(45) Laundries and launderettes; and
(46) Upholstering, furniture repair shops.
(C) Uses by conditional use permit. Within a B-2, Service District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Truck sales, used car and truck lots, car and truck washing establishments, service stations and repair shops, subject to the following.
(a) The outside display and storage area shall be surfaced with a dust-free material, and the arrangement of entrances, exits and parking stalls shall be subject to the approval of the City Engineer. Off-street parking and loading areas shall be surfaced as required by §§ 154.190 through 154.204 of this chapter.
(b) The lighting, whether direct or reflected, such as from floodlights or spotlights, and as differentiated from general illumination, shall not be directed into any adjacent property.
(c) All automobiles not in saleable or running condition or automobile parts must be stored inside a building or within an area screened by an opaque fencing.
(2) Mobile camping equipment sales and rentals;
(3) Mobile home sales lot;
(4) Trailer rentals and truck rentals for private hauling;
(5) Business activity listed in divisions (B) and (C) above when operated in or on a temporary structure of any type including trailers or other vehicles. A temporary structure in this case is defined as being in place for less than six months, but more than three days;
(6) Other business activity of the same general character as listed in division (B) above; and
(7) Adult uses.
(D) Permitted accessory uses. Within a B-2, Service Business District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above;
(E) Height, yard and lot coverage regulations.
(1) Height regulations.
(a) No building shall hereafter be erected or structurally altered to exceed four stories or 45 feet in height.
(b) Except that, any B-2, Service Business District, which is located adjacent to or adjoining any other district in which a height greater than four stories or 40 feet in height is allowed, the height regulations of that district may be used; provided further that, on every lot that is located adjacent to or across the street from any R-A, R-1 or R-2 classes of residential districts, no building shall hereafter be erected or structurally altered to exceed three stories or 30 feet in height.
(2) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 20 feet.
(b) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street.
(c) Except that, in any B-2 Service District which is located adjacent to or adjoining any B-3 Business District in which a front yard of less than 20 feet is allowed, the front yard regulations of that district may be used; provided further that, on every lot that is located across the street from any of the classes of residential districts, there shall be a front yard of not less than 25 feet.
(3) Side yard regulations.
(a) There shall be a side yard, on each side of a building, having a width of not less than ten feet.
(b) Except that in any B-2 Service Business District which is located adjacent to or adjoining any B-3 General Business District, in which a side yard of less than ten feet is allowed, the side yard regulations of that district may be used; provided further that, on every lot that is located adjacent to any of the classes of residential districts, there shall be a side yard of not less than ten feet.
(4) Rear yard regulations.
(a) There shall be a rear yard having a depth of not less than 20 feet.
(b) Except that, any B-2 Service Business District which is located adjacent to or adjoining any B-3 Business District in which a rear yard of less than 20 feet is allowed, the rear yard regulations of that district may be used.
(5) Lot coverage regulations.
(a) Not more than 40% of the lot or plot shall be occupied by buildings.
(b) Except that in a B-2, Service Business District, located adjacent to any B-3, General Business District, the lot coverage may be 100%.
(2002 Code, § 7.21) (Ord. 324, effective 11-20-1965; Ord. 20, Third Series, effective 10-15-1979; Ord. 30, Fourth Series, effective 5-15-1991; Ord. 1, Fifth Series, passed 3-18-1996; Ord. 60, Seventh Series, effective 7-25-2017; Ord. 15, Eighth Series, effective 11-21-2021; Ord. 24, Eighth Series, effective 4-10-2022)
§ 154.038 B-3, GENERAL BUSINESS DISTRICT.
(A) Purpose. The B-3, General Business District, is designed to accommodate the central retail and office activities which are of city-wide and/or regional significance with a wide variety of retail shopping opportunities. The retail and office uses which are allowed in this district are those which are basically retail in nature, in order that a convenient, compact regional shopping area can be provided.
(B) Permitted uses. Within a B-3, General Business District, no building or land shall be used, except for one or more of the following uses:
(1) Any use permitted in th- B 1, Limited Business District; except that, multiple dwellings and apartments must be located on the second floor or above;
(2) Animal or pet shops;
(3) Antique or gift shops;
(4) Apparel shops;
(5) Appliance shops;
(6) Art and school supply stores;
(7) Artists’ and body art;
(8) Bakery or pastry shops;
(9) Banks, savings institutions;
(10) Barber or beauty shops;
(11) Beverage stores;
(12) Bicycle sales and repair shops;
(14) Billiard or pool halls;
(15) Book and stationery stores;
(16) Bowling alleys;
(17) Bus stations;
(18) Business, commercial or trade schools;
(19) Camera or photographic supply stores;
(20) Candy, ice cream, soft drinks or confectionery stores, excluding drive-in type of service;
(21) Carpet and rug stores;
(22) Clinics for people only;
(23) Clothing or ready-to-wear stores;
(24) Commercial radio or television broadcasting stations or transmitting stations;
(25) Dancing schools;
(26) Delicatessens;
(27) Department stores;
(28) Drug stores;
(29) Dry cleaning or laundry collection stations;
(30) Dry goods or notion stores;
(31) Electrical appliance stores;
(32) Employment agencies;
(33) Florists or gift shops;
(34) Frozen food lockers for individual or family use;
(35) Furniture stores;
(36) Grocery, fruit, vegetable or meat stores;
(37) Hardware stores;
(38) Heliports;
(39) Hobby stores;
(40) Jewelry stores;
(41) Launderettes or self-service laundries;
(42) Leather goods and luggage shops;
(43) Libraries;
(44) Loan and finance companies;
(45) Medical supply stores;
(46) Music studios and musical instrument stores;
(47) Newsstands;
(48) Offices, business or professional, including ticket sales;
(49) Optical laboratories;
(50) Paint, wallpaper stores;
(51) Pet shops;
(52) Photographers’ studios;
(53) Physical culture and health clubs, gyms;
(54) Pipe and tobacco shops;
(55) Plumbing, television or radio repair when operated as an accessory use to a retail sales establishment;
(56) Postal substations and post offices;
(57) Printing, lithographing, publishing, blueprinting and photostating;
(58) Record shops;
(59) Restaurants, tea rooms, cafés, taverns, excluding drive-in types of service;
(60) Sewing machine sales and service shops;
(61) Shoe stores or shoe repair shops;
(62) Sporting goods stores;
(63) Stationery stores;
(64) Tailor shops;
(65) Telephone exchange, offices and telephone booths (outside);
(66) Theaters, excluding drive-in type of services;
(67) Toy stores;
(68) Taxi stands;
(69) Upholstering, furniture repair shops;
(70) Variety stores, five and ten cent stores;
(71) Wearing apparel stores;
(72) Adult accessory use;
(73) Auto-parts, retail and gas filling/convenience store;
(74) Museums, community centers, art galleries and similar cultural facilities;
(75) Pawn shops;
(76) Retail establishments selling THC edibles and beverages.
(C) Uses by conditional use permit. Within a B-3, General Business District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.036(C) of this subchapter, as regulated therein, except banks, music studios, photographic studios and savings and loan institutions;
(2) Ground floor multiple dwellings;
(3) Mobile camping equipment sales and rentals;
(4) Business activity listed in division (B) above and this division (C) when operated in or on a temporary structure of any type including trailers or other vehicles. A temporary structure in this case is defined as being in place for less than six months, but more than three days;
(5) Other business activity of the same general character as listed in division (B) above;
(6) Elderly tenant multiple housing project;
(7) Hemp processing or manufacturing.
(D) Permitted accessory uses. Within a B-3, General Business District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above;
(E) Height, yard and lot coverage regulations.
(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed six stories or 75 feet in height.
(2) Yard regulations and lot coverage regulations. In the B 3, General Business District, there shall be no specific yard requirements, except as necessary to provide off-street parking and loading if required.
(2002 Code, § 7.22) (Ord. 324, effective 11-20-1965; Ord. 20, Third Series, effective 10-15-1979; Ord. 181, Third Series, effective 1-15-1989; Ord. 1, Fifth Series, passed 3-18-1996; Ord. 98, Seventh Series, passed 3-16-2020; Ord. 15, Eighth Series, effective 11-21-2021; Ord. 32, Eighth Series, effective 11-11-2022)
§ 154.039 B-4, SERVICE-RECREATIONAL BUSINESS DISTRICT.
(A) Purpose. The B-4, Service-Recreational Business District, is designed to accommodate the location of recreational camping areas. The words RECREATIONAL CAMPING AREAS shall mean any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of five or more units, consisting of tents, travel trailers, pickup coaches, motor homes or camping trailers and whether use of the accommodation is granted free of charge or for compensation. It is intended that the B-4, Service-Recreational Business District, be located in separate areas which may be adjacent to other retail business districts or in close proximity to a major thoroughfare. The purpose of this section is to make provision for recreational camping areas on larger tracts of land under single or unified ownership. Camping areas shall be developed in accordance with an overall design and an integrated general development plan, be consistent with the intent and purposes of this chapter and not adversely affect adjacent properties.
(B) Permitted uses. Within a B-4, Service-Recreational Business District, no building or land shall be used except for one or more of the following use:
(1) Recreational camping areas; and
(C) Uses by conditional use permit. Within a B-4, Service-Recreational business district, no building or land shall be used for one or more of the following uses, except by conditional use permit: accessory uses customarily incident to the uses permitted in division (B) above.
(D) Regulations.
(1) Statutory regulations. M.S. §§ 327.10 through 327.28, as they may be amended from time to time, which pertain to hotels, motels, resorts and manufactured home parks and camping areas, are hereby adopted by reference. Minn. Rules parts 4630.0200 through 4630.2210, as they may be amended from time to time, which pertain to camps and mobile home parks, are also adopted by reference. A copy of this chapter shall be available at the Zoning Administrator’s office.
(2) General regulations; recreational camping areas.
(a) A recreational camping area development shall consist of a harmonious selection of uses and grouping of buildings, services and parking areas, circulation and open spaces, and shall be planned and designed as an integrated unit, in a manner as to constitute a safe, efficient and convenient living area. The project shall be consistent with the Comprehensive Land Use Plan for the city.
(c) The minimum area of land to be included in a recreational camping area development shall be at least two acres.
(d) The recreational camping area development shall be served by public sewer and water system.
(e) Private roadways within the development shall be installed to city specifications for public roadways.
(f) In order that the purposes of the recreational camping area development may be achieved, the land and buildings and appurtenant facilities shall be in a single ownership, or under the management and supervision of a central authority or otherwise subject to supervisory lease or ownership control as may be reasonably necessary to carry out the provisions of this chapter.
(3) Administrative procedure.
(a) The proponents of a recreational camping area development shall submit a general development plan along with the application for rezoning or conditional use permit to and secure the approval of the city’s Planning Commission and the Council. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The plan shall show:
1. The proposed site and existing development on adjacent properties;
2. The proposed size, location and arrangement of buildings;
3. Parking areas and stall arrangement;
4. Entrance and exit drives;
5. Off-street parking areas shall be so designed that vehicles can be parked in a convenient and orderly fashion and so the traffic may move from one part of a parking lot to another without using a public street;
6. Landscaping;
7. Dimensions;
8. Proposed sewer and water systems; and
9. Recreation areas.
(b) If the zoning change and conditional use is approved, the general development plan is attached to and is a part of the ordinance establishing the zoning change. Any substantial change to the plan will require a resubmission to and approval by the Planning Commission.
(c) The owner or developer must agree to comply with all requirements of the city regarding lighting, noise abatement, traffic control and regulations maintaining order and keeping the premises free from debris and any other conditions that the Council may require.
(d) The development of the general development plan shall be in substantial compliance with the approved final development plan.
(2002 Code, § 7.23) (Ord. 26, Second Series, effective 3-1-1972)
§ 154.040 B-5 AND B-6, SHOPPING CENTER BUSINESS DISTRICT.
(A) Purpose. The B-5 or B-6, Shopping Center Business District, is intended to provide a district which may be applied to land in single ownership or unified control for the purpose of developing a planned business center with a unified and organized arrangement of buildings, and service facilities at key locations which are suitable for the use.
(B) Permitted uses. For the purpose of establishing B-5 and B-6, Shopping Center Business Districts, which will be compatible to adjacent and abutting uses, this section permits the development of two types of planned business centers.
(1) B-5, Neighborhood Shopping Center. Within a B-5, Neighborhood Shopping Center Business District, no building or land shall be used, except for one or more of the following uses subject to division (C)(2) below:
(a) Convenience retail grocery store;
(b) Drug stores;
(c) Dry cleaning pickup stations;
(d) Barber and beauty shops;
(e) Launderettes;
(f) Restaurants; and
(g) Shoe repair.
(2) B-6, Sub-Regional Shopping Center. Within a B-6, Sub-Regional Shopping Center Business District, no building or land shall be used, except for one or more of the following uses, subject to division (C)(2) below:
(a) Drive-in restaurants;
(b) Any uses as permitted and regulated in the B-3, General Business District, except that no dwellings shall be permitted; and
(c) Indoor recreation-such as trampoline parks, skating and archery etc.
(C) Uses by conditional use permit. Within a B-5 or B-6, Shopping Center Business District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.038(C) of this chapter, as regulated therein, except dwelling units;
(2) Any use permitted in § 154.037(B)(12) of this chapter, as regulated therein, except mobile motorized amusements, shows, competitions of any sort on a permanent site;
(3) Outdoor displays;
(4) Marine and boat sales and service;
(5) Farm implement sales and service;
(6) Recreational vehicle sales and service;
(7) Other business activities not specifically named of the same general character, as listed in division (B) above;
(8) Hotels subject to the following:
(a) They shall be located in a B-6, Sub-Regional Shopping Center, only; and
(b) The structure shall be freestanding.
(9) Day nurseries for the use and convenience of the patrons of the shopping center subject to the following:
(a) It shall be contained within and shall be conducted by and as an integral part of a use permitted in divisions (B) and (C) above; and
(b) Subject to the laws and regulations of the state regarding nursery schools.
(10) Light Industrial Uses; subject to the following:
(a) There shall be no outside storage of materials or goods unless an allowed retail use is permitted in the zone of conjunction with the manufacturing business to sell a finished product.
(b) There shall be no uses that produce fumes, exhaust, or other nuisance conditions outside of the structure.
(D) Permitted accessory uses. Within a B-5 or B-6, Shopping Center District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incidental to the uses permitted in divisions (B) and (C) above; and
(E) Height, setback, area and lot coverage regulations.
(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed four stories or 45 feet in height; except that, increased height may be allowed by conditional use permit as regulated in § 154.085 of this chapter.
(2) Setback regulations.
(a) In a B-5 or B-6, Shopping Center District, there shall be front, side and rear setbacks of not less than 50 feet from all property lines.
(b) Provided, however, that, in the event a district is across a street from any property zoned in any residential classification, the setback shall have a depth of not less than 75 feet unless the street is designated as a thoroughfare on the city thoroughfare and transportation plan.
(c) Provided that, no building(s) shall be located within 75 feet of property line abutting a lot in any of the classes of residence districts.
(e) There shall be a separation of not less than 35 feet between the closest points of all free standing buildings or half the sum of their heights, whichever is greater.
(3) Lot area regulations. The area of land to be included in a B-5 or B-6, Shopping Center Business District, shall be:
(a) At least one, but not more than four, acres in a B-5, Neighborhood Shopping Center; and
(b) More than four acres in a B-6, Sub-Regional Shopping Center.
(4) Lot coverage regulations. Not more than 25% of any B-5 or B-6, Shopping Center District, area shall be occupied by buildings.
(F) General regulations.
(2) All business shall be conducted within an enclosed yard or building.
(G) Administrative procedure.
(1) Development plan. The proponents of any B-5 or B-6, Shopping Center Business District, shall submit a general development plan along with the application for rezoning to the Planning Commission and the Council to secure the approval of same. The general development plan shall be drawn to scale and this development plan shall show:
(a) The proposed site and existing development on adjacent properties;
(b) The proposed size, location and arrangement of buildings;
(c) Parking areas and stall arrangement;
(d) Entrance and exit drives;
(e) Topography and proposed drainage systems;
(f) Buffers, their location and height;
(g) Approximate dimensions;
(h) Proposed sewer and water systems;
(i) Interior pedestrian circulation;
(j) Interior vehicular circulation; and
(k) Feasibility study.
(2) Development schedule.
(a) The proponent shall submit, in addition to the application for rezoning, a proposed schedule of construction beginning at the time the requested zoning may be granted and continuing until all components of the B-5 or B-6, Shopping Center District, are fully completed. If the construction of the B-5 or B-6, Shopping Center District, is to be in stages, the components contained in each stage shall be clearly delineated.
(b) The schedule of construction shall be subject to review by the Planning Commission, at intervals of one year beginning at the time the new zoning takes effect.
(3) Approval. If the zoning change is approved, the general development plan is attached to and is a part of the ordinance establishing the zoning change. Any substantial change to the plan affecting the requirements set forth in division (G)(2) above will require a resubmission to and approval by the Planning Commission and the Council.
(4) Phases of construction. If the zoning change is approved, the first phase of construction must begin to show reasonable progress within two years after approval of the general development plan and zoning change by ordinance or the district may be zoned back to its original zoning district classification or other appropriate zoning district classification.
(5) Compliance. The owner or developer shall comply with all appropriate local and state requirements and regulations regarding lighting, noise abatement, traffic control and regulation, maintaining order and keeping the premises free from debris.
(2002 Code, § 7.24) (Ord. 47, Second Series, effective 7-1-1974; Ord. 156, Second Series, effective 1-1-1979; Ord. 30, Fourth Series, effective 5-15-1991; Ord. 10, Eighth Series, effective 3-7-2021; Ord. 24, Eighth Series, effective 4-10-2022)
§ 154.041 I-1, PLANNED INDUSTRIAL DISTRICT.
(A) Purpose. The Planned Industrial District is intended for industrial areas which may be in close proximity to existing or anticipated residential concentrations. To achieve compatibility with abutting residential districts, development in the planned industrial district:
(1) Is limited to administrative wholesaling, manufacturing and related uses that can be carried on in an unobtrusive manner;
(2) Is limited to a low concentration of activity;
(3) Must provide suitable open spaces, landscaping and parking areas; and
(4) Must establish a high standard of appearance and external effects (such as noise, smoke and the like) are to be limited.
(B) Permitted uses. Within an I-1, Planned Industrial District, no building or land shall be used, except for one or more of the following uses; provided, they comply with the performance standards set forth in this district:
(1) Airports;
(2) Bottling establishments;
(3) Building material sales and storage establishments;
(4) Broadcasting antennae, television and radio;
(5) Camera and photographic manufacturing establishments;
(6) Cartage and express facilities;
(7) Cartography and bookbinding establishments;
(8) Dry cleaning and dyeing establishments;
(9) Electric light or power generating stations;
(10) Electrical and electronic products manufacturers;
(11) Electrical service shops;
(12) Engraving, printing and publishing establishments;
(13) Heliports;
(14) Jewelry manufacturers;
(15) Laundries;
(16) Medical, dental and optical laboratories;
(17) Public utility structures and municipal and governmental buildings;
(18) Railroad rights-of-way;
(19) Storage or warehousing facilities;
(20) Wholesale business and office establishments;
(21) Hemp processing or manufacturing;
(22) Uses permitted or conditionally permitted in the B-3 zone, unless regulated differently elsewhere in this chapter;
(23) Uses permitted or conditionally permitted in the B-2 zone, unless regulated differently elsewhere in this chapter.
(C) Uses by conditional use permit. Within an I-1, Planned Industrial District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any manufacturing, production, processing, cleaning, storage, servicing repair and testing of materials, goods or products similar to those listed in division (B) above which conform with the performance standards set forth in this district;
(2) Retail and service establishments essential to the operation of an I-1, Planned Industrial District, and providing goods and services which are primarily for the use of persons employed in the district;
(3) Extraction of materials; provided that, the land is left in a usable condition when the use ceases to operate, and provided the application for a conditional use permit is accompanied by a map or plan clearly showing the proposed depth, side slopes and grades which will be permanently established upon the land as a result of extraction;
(4) Retail service and office establishments where adjacent to any of the classes of business districts;
(5) Business activity listed in divisions (B) and (C) above when operated in or on a temporary structure of any type including trailers or other vehicles. A TEMPORARY STRUCTURE, in this case, is defined as being in place for less than six months, but more than three days; and
(6) Any use permitted in § 154.040(C)(2) of this chapter.
(D) Permitted accessory uses. Within an I-1, Planned Industrial District, the following uses shall be permitted accessory uses:
(1) All uses customarily incident to the uses permitted in divisions (B) and (C) above;
(E) Height, yard, frontage, area and lot coverage regulations.
(1) Height regulations. No building shall hereafter be erected to exceed a height of four stories or 45 feet in height.
(2) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet between buildings and the street right-of-way.
(b) Except where the district abuts or adjoins any of the classes of residence districts across the street, there shall be a front yard having a depth of not less than 50 feet.
(3) Side yard regulations.
(a) There shall be two side yards, one on each side of a building. Each side yard shall be not less than 15 feet in width.
(b) Except where the district abuts or adjoins any of the classes of residence districts, the side yard abutting the residential district shall be not less than 25 feet in width.
(4) Rear yard regulations. There shall be a rear yard not less than 30 feet in depth, except where the district abuts or adjoins any of the classes of residence districts, there shall be a rear yard of not less than 50 feet in depth.
(5) Lot area regulations. Every individual lot, site or tract shall have an area of not less than 20,000 square feet.
(6) Minimum district area regulations. No I-1, Planned Industrial District, shall be established on any tract, the total area of which is less than ten acres, in a single ownership or under unified control. This requirement may be waived where the tract abuts or adjoins an existing I-1, Planned Industrial District, or I-2, General Industrial District.
(7) Frontage regulations. Every lot or tract shall have a width of not less than 100 feet abutting a public right-of-way.
(8) Lot coverage regulations. Not more than 50% of the total area of a lot shall be covered by buildings.
(F) Procedures and design standards.
(1) All petitions for rezoning to establish or expand an I-1, Planned Industrial District, must also concurrently follow subdivision platting procedures and a complete preliminary plat with all supporting data required must be filed with the Planning Commission.
(2) All public rights-of-way within an I-1, Planned Industrial District, shall be considered collector streets or thoroughfares as defined in the thoroughfare plan.
(3) Upon finding by the Planning Commission and Council that the proposed I-1, Planned Industrial District, and preliminary plat will constitute an industrial district of sustained desirability, will be consistent with long-range Comprehensive Plans for the city and meet the requirements of the I-1, Planned Industrial District, the Council may establish an I-1, Planned Industrial District, on the property included in the preliminary plat. The preliminary plat, as approved, together with covenants, deed restrictions, controls or special conditional use permits as may be attached to it, shall become a part of the ordinance establishing the zoning change. Any substantial change to the plan will require resubmission to and approval by the Planning Commission and the Council.
(4) The final platting of the land zoned I-1, Planned Industrial District, shall be subject to the requirements for approval, recording and the installation of improvements as required by other city ordinances.
(5) Prior to obtaining a building permit or constructing any building improvements on an individual lot or site within an I-1, Planned Industrial District, five copies of the site plan of proposed improvements shall be submitted to and reviewed by the Planning Commission and Council. The site plan shall show the location and extent of proposed buildings, parking, loading, access drives, landscaping, sewage and water systems and any other improvements. Plans will be examined for compliance with the recorded preliminary plat and attachments thereto, and the Planning Commission shall consider the plans and make its recommendations to the Council, which shall have the power to approve or disapprove the same.
(H) Performance standards.
(1) Intent. It is the intent of this division (H) to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each permitted use shall be a good neighbor to adjoining properties by the control of the following.
(2) Standards.
(a) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any of the classes of residence districts shall be landscaped with buffer planting screens. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to issuance of a certificate of occupancy for any tract in the district.
(b) Noise.
1. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in the following table. The sound pressure level shall be measured with a sound level meter and an associated octave band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10 1953, American Standards Association, Inc., New York, NY. Measurements shall be made using the flat network of the sound level meter.
2. Maximum permissible sound pressure levels at specified points of measurement for noise radiated continuously from facility.
Band Cycles Per Second/ Frequency Band Cycles Per Second | Maximum Permitted Sound Levels (Decibels) |
Band Cycles Per Second/ Frequency Band Cycles Per Second | Maximum Permitted Sound Levels (Decibels) |
20 - 75 | 72 |
75 - 150 | 67 |
150 - 300 | 59 |
300 - 600 | 52 |
600 - 1,200 | 46 |
1,200 - 2,400 | 40 |
2,400 - 4,800 | 34 |
Over 4,800 | 32 |
(c) Odors. No activity or operation shall cause at any time the discharge of odorous matter in concentrations as to be readily detectable at any point along the property boundary line or in a concentration as to create a public nuisance or hazard beyond the boundary line.
(d) Glare. Glare, whether direct or reflected, such as from floodlights, spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.
(e) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.
(f) Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. Vibrations of any kind shall not produce at any time an acceleration of more than one-tenth gravities or shall result in any combination of amplitudes and frequencies beyond the “safe” range of Table VII, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of the Bulletin No. 442 shall be used to compute all values for the enforcement of this provision.
(g) Smoke. Measurements shall be of the point of emission. The Ringlemann Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 4 on the chart may be emitted, except that smoke not darker or more opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in any 30 minutes. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color with an equivalent apparent opacity.
(h) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.
(i) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration For Eight-Hour Day, Five Days Per Week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes) and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter 5, “Physiological Effects,” that contains tables, in the Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.
(j) Hazard. Every operation shall be carried on with reasonable precaution against fire and explosion hazards.
(k) Water supply. The design and construction of water supply facilities and water supply source shall be in accord with city health standards and requirements.
(l) Waste. All sewage and industrial waste shall be treated and disposed of in a manner as to comply with the city health standards and requirements.
(3) Investigations and tests. In order to ensure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made the investigations and/or tests as may be required to show adherence to the performance standards. The investigation and/or tests as are required to be made shall be carried out by an independent testing organization approved by the city. The costs incurred in the investigation or testing shall be ordered by the owner or operator and shared equally by the owner or operator and the city unless the investigation and tests disclose non-compliance with the performance standards; in which situation the entire investigation or testing cost shall be paid by the owner or operator.
(2002 Code, § 7.30) (Ord. 324, effective 11-20-1965; Ord. 6, Third Series, effective 7-1-1979; Ord. 20, Third Series, effective 10-15-1979; Ord. 30, Fourth Series, effective 5-15-1991; Ord. 15, Eighth Series, effective 11-21-2021; Ord. 32, Eighth Series, effective 11-11-2022)
§ 154.042 I-2, GENERAL INDUSTRIAL DISTRICT.
(A) Purpose. The I-2, General Industrial District, is intended to provide a district which will allow general industrial uses which, due to their size and nature, would not conform in the planned industrial district.
(B) Permitted uses. Within an I-2, General Industrial District, no building or land shall be used, except for one or more of the following uses; provided, they comply with the performance standards set forth in this district:
(1) Any use permitted in the I-1, Industrial District;
(2) Contractors’ offices, shops and yards;
(3) Freight terminals;
(4) Ice sales and general storage facilities;
(5) Garages for storage, repair and servicing of motor vehicles;
(6) Farm machinery and implement sales and service;
(7) Hatcheries;
(8) Highway maintenance shops and yards;
(9) Lumber yards and storage facilities;
(10) Monument works;
(11) Public service structures, including power substations, gas regulator stations, sewage disposal plants, telephone exchanges, police or fire stations, elevated tanks and water works;
(12) Manufacturing, processing, storage, servicing and testing establishments;
(13) Roller skating rinks, racquetball courts, indoor archery and/or rifle range, indoor tennis courts, curling rinks, gymnasiums; and
(14) Any use permitted in § 154.037(B)(12) of this chapter.
(C) Uses by conditional use permit. Within an I-2, General Industrial District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Retail and service establishments essential to the operation of an I-2, Planned Industrial District, and provided goods and services which are primarily for the use of persons employed in the district;
(2) Automobile sales, truck sales, used car and truck lots, car and truck washing establishments, service stations, and repair shops subject to the following:
(a) The outside display and storage area shall be surfaced with a dust-free material, and the arrangement of entrances, exits and parking stalls shall be subject to the approval of the City Engineer. Off-street parking and loading areas shall be surfaced as required by §§ 154.190 through 154.204 of this chapter;
(b) The lighting, whether direct or reflected, such as from floodlights or spotlights, and as differentiated from general illumination, shall not be directed into any adjacent property; and
(c) Extraction of materials; provided that, the land is left in a usable condition when the use ceases to operate; and, provided, the application for a conditional use permit is accompanied by a map or plan clearly showing the proposed depth, side slopes and grades which will be permanently established upon the land as a result of the extraction.
(3) Retail sales, retail service and office establishments where adjacent to any of the classes of business districts in which the use is permitted;
(4) Manufactured home camping equipment, sales and rentals;
(5) Manufactured home sales lot;
(6) Trailer rentals and truck rental for private hauling;
(7) Flea markets;
(8) Above ground bulk storage of petroleum products, hazardous chemicals and other noxious, explosive or flammable products;
(9) Business activity listed in divisions (B) and (C) above when operated in or on a temporary structure of any type including trailers or other vehicles. A TEMPORARY STRUCTURE, in this case, is defined as being in place for less than six months, but more than three days; and
(10) Other business activity of the same general character listed in division (B) above.
(D) Permitted accessory uses. Within an I-2, General Industrial District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incidental to the uses permitted in divisions (B) and (C) above;
(E) Height, yard and lot coverage regulations.
(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed six stories or 75 feet in height.
(2) Front yard regulations.
(b) Except that, on every lot that is located across the street from any of the classes of residence districts, there shall be a front yard depth of not less than 25 feet and there shall not be located any above ground bulk petroleum products, hazardous chemical or other noxious, explosive or flammable product fixed storage container within 400 of abutting classes of residence districts.
(3) Side yard regulations.
(b) Except that, no building shall be located within 25 feet of any side lot line nor shall any above ground bulk petroleum product, hazardous chemical or other noxious, explosive or flammable product fixed storage container be located within 400 feet of any abutting classes of residence districts.
(4) Rear yard regulations.
(b) Except that, no building shall be located within 30 feet of any rear lot line nor shall any above ground bulk petroleum product, hazardous chemical or other noxious, explosive or flammable product fixed storage container be located within 400 feet of any abutting classes of residence districts.
(G) Performance standards.
(1) Intent. It is the intent of this division (G) to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties, and to provide that each permitted use shall be a good neighbor to adjoining properties by the control of the following.
(2) Standards. The performance standards set forth in § 154.041(H)(2) of this chapter shall be used for the I-2, General Industrial District.
(3) Investigations and tests. In order to ensure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made investigations and/or tests as may be required to show adherence to the performance standards. The investigation and/or tests as are required to be made shall be carried out by an independent testing organization approved by the city. The costs incurred in the investigation or testing shall be ordered by the owner or operator and shared equally by the owner or operator and the city unless the investigation and tests disclose non-compliance with the performance standards; in which situation the entire investigation or testing cost shall be paid by the owner or operator.
(2002 Code, § 7.31) (Ord. 324, effective 11-20-1965; Ord. 6, Third Series, effective 7-1-1979; Ord. 175, Third Series, effective 5-15-1988; Ord. 30, Fourth Series, effective 5-15-1991)
§ 154.043 I-3, PLANNED INDUSTRIAL DISTRICT.
(A) Purpose. The I-3, Planned Industrial District, is intended to provide a district which will allow industrial uses, which because of their nature, would not conform in either the I-1, Planned Industrial District, or the I-2, General Industrial District.
(B) Permitted uses. Within an I-3, Planned Industrial District, no building or land shall be used, except for one or more of the following uses; providing, they comply with the performance standards set forth in this district:
(1) Any use permitted in the I-1, Planned Industrial District;
(2) Any use permitted in the I-2, General Industrial District; and
(3) All motorized amusements, shows, competitions, either stationary or mobile of any sort that are run by electric or internal combustion engines.
(C) Uses by conditional use permit. Within an I-3, Planned Industrial District, no building or land shall be used for one or more of the following uses, except by conditional use permit: any use allowed by conditional use permit in the I-2, General Industrial District.
(D) Permitted accessory uses. Within an I-3, Planned Industrial District, the following uses shall be permitted accessory uses: any use allowed as a permitted accessory use in the I-2, General Industrial District.
(E) Height, yard and lot average regulations. Any regulations required in an I-2, General Industrial District, shall apply.
(G) Performance standards.
(1) Intent. It is the intent of this division (G) to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties, and to provide that each the permitted use shall be a good neighbor to adjoining properties by the control of the following standards.
(2) Standards. The performance standards set forth in § 154.041(H)(2) of this chapter, shall be used for the I-3, Planned Industrial District, together with the following: any use shall conform with all requirements mandated by local, state or federal laws, rules and regulations relating to the use.
(2002 Code, § 7.31) (Ord. 30, Fourth Series, effective 5-15-1991)
§ 154.044 I-4, TEMPORARY INDUSTRIAL ZONE/EXTRACTION SITE DISTRICT.
(A) Purpose. The I-4, Temporary Industrial Zone/Extraction Site District, is intended to provide a district which will allow for industrial mining activities, which because of their nature, would not conform in the I-1 Planned Industrial District, I-2 General Industrial District or I-3 Planned Industrial District.
(B) Applicability. The I-4, Temporary Industrial Zone/Extraction Site District can only be created temporarily from an R-A, Agricultural-Residence District. After an agreed upon duration, not to exceed five years, the I-4 Temporary Industrial Zone/ Extraction Site District must be converted to an R-1, One- Family Residence District, an R-2, One- and Two-Family Residence District, an R-3, Multi-Family Residence District, an R-4, Multi-Family Residence District or an R-5, Multi-Family District.
(C) Permitted Uses. Within an I-4, Temporary Industrial Zone/Extraction Site District, there shall be no other permitted uses.
(D) Uses by conditional use permit. Within an I-4, Temporary Industrial Zone/Extraction Site District, no building or land shall be used for one or more of the following uses, except by conditional use permit: any mining activities and related operations.
(E) Permitted accessory uses. Within an I-4, Temporary Industrial Zone/Extraction Site District, the following uses are permitted accessory uses: employee and site equipment parking.
(F) Height, yard and lot average regulations. Any regulations in an I-2, General Industrial District, shall apply to an I-4, Temporary Industrial Zone/Extraction Site District.
(G) Performance standards. The following performance standards shall apply to all mining activities and similar operations approved after the effective date of this chapter.
(1) General provisions. All equipment used for mining activities and related operations shall be constructed, maintained and operated in a manner as to minimize, as far as practical, noise, dust and vibrations adversely affecting the surrounding property. Additionally, the excavation shall be properly gated and fenced.
(2) Water resources. The mining activities and related operations shall be conducted in such a manner as to minimize interference with the surface water drainage outside the boundaries of the mining activities.
(3) Safety fencing. Safety fencing may be required around all or portions of the mining activities and related operations at the discretion of the Planning Commission. Any mining activities or related operations adjacent to a residential zone, or within 300 feet of four or more residential structures, shall adhere to the following standards.
(a) Where collections of water occur that are one and one-half feet or more in depth exist for any period of greater than seven consecutive days and occupy an area of 700 square feet or more, all access to such collections of water shall be barred by a fence or similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet. In locations where slopes occur that are steeper than one foot vertical to three feet horizontal existing for a period of seven days or more, access to such slopes shall be barred by a fence or some similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet.
(b) As an alternative to the fencing requirements of the above section, the entire perimeter of the property on which a mining activity or related operation is located may be fenced or protected by some other similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet.
(4) Hours of operation. All hours of operation shall be set in the conditional use permit.
(H) Land reclamation. All mining operation sites shall be reclaimed immediately after mining activities cease or upon expiration of the conditional use permit. Reclamation shall be completed within one year. The following standards shall apply.
(1) Within a period of three months after final termination of a mining activity or within three months after abandonment of the operation for a period of six months, or within three months after expiration of the conditional use permit for industrial mining activities, all buildings, structures and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator last operating the buildings, structures and plants.
(2) The peaks and depressions of the mined area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding. Finished slopes shall be stabilized to minimize erosion due to rainfall.
(3) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining activities cease.
(4) A performance surety, payable to the city, shall be provided. The permit shall specify the amount and type of surety required. The surety shall be used to reimburse the city for any moneys, labors and/or materials expended to bring the operation into compliance with the conditions of the permit or ordinance requirements. The surety may be used after expiration or revocation of the conditional use permit and failure to execute a phase of a restoration plan specifically scheduled in the permit or ordinance.
(2002 Code, § 7.32) (Ord. 17, Seventh Series, effective 7-6-2015)
§ 154.045 LANDFILL MANAGEMENT OVERLAY DISTRICT.
(A) Statutory authorization, policy and prohibitions.
(1) Statutory authorization. This chapter is adopted pursuant to the authorization and policies contained in state statutes, state regulations and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time, and is consistent with Minn. Rules Ch. 4714, as it may be amended from time to time.
(2) Policy.
(a) The use of wells for potable use of water within the overlay district surrounding the city’s landfill affects the public health, safety and general welfare of those affected within the overlay district.
(b) Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise subdivision, use and development of wells within the overlay district, and restricting the use of wells to non-potable purposes only and, thus, to preserve and enhance the public health, safety and welfare of the residents within the overlay district.
(c) The city is committed to provide for the development of the water distribution system within the overlay district so that all of those affected within the overlay district shall have the city water distribution system accessible to their buildings and/or premises, thus requiring connection to the city- wide water distribution system for all potable purposes.
(3) Prohibitions.
(a) Therefore, any water well taken out of service by an entity connecting to the city-wide water distribution system must either be maintained for a non-potable use such as irrigation, or sealed and abandoned in accordance with the state’s Water Well Construction Code.
(b) In accordance with other provisions of this city code, no water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply.
(B) General provisions and definitions.
(1) Jurisdiction. The provisions of this chapter shall apply to the overlay district as defined in division (B)(4) below.
(2) Compliance. Owners of property within the overlay district for which the city’s public water supply system is or becomes accessible must connect to the city water supply, shall comply with the prohibitions set forth in division (A)(3) above and shall not use any well on such property for potable water purposes.
(3) Enforcement. The City Engineer is responsible for the administration and enforcement of this chapter. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE. Available for user connection within 150 feet of any buildings and/or premises included as part of any new or existing development located within the overlay district.
OVERLAY DISTRICT. Sublots 17 through 23 and Sublots 26 through 39, Section 4, Township 132 North, Range 43 West, Otter Tail County, Minnesota.
POTABLE WATER. Water which is or may be used as a source of supply for human consumption, including drinking, culinary use, food processing and other similar purposes.
(2002 Code, § 7.33) (Ord. 58, Sixth Series, effective 9-15-2006)
§ 154.046 PERMITTED USES IN ALL ZONES AND DISTRICTS.
(A) The following are permitted uses in all zones and districts: licensed residential care facilities or community based residential care facilities serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules parts 9502.0315 to 9502.0445 to serve 14 or fewer children, except a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.
(B) The following are permitted uses in all residential and industrial zones and districts with a conditional use permit: licensed residential care facilities or community based residential care facilities serving six or more persons, a licensed day care facility serving 12 or more persons, and a group family day care facility licensed under Minn. Rules parts 9502.0315 to 9502.0445 to serve 14 or more children, except a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.
(2002 Code, § 7.34) (Ord. 62, Seventh Series, effective 9-14-2017)
§ 154.060 STATUTORY AUTHORIZATION AND POLICY.
(A) Statutory authorization. This subchapter is adopted pursuant to the authorization and policies contained in M.S. Ch. 105, as it may be amended from time to time, Minn. Rules parts 6120.2500 through 6120.3900 and planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.
(B) Policy. The uncontrolled use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.061 JURISDICTION.
The provisions of this subchapter shall apply to the shorelands of the public water bodies as classified in § 154.068 of this chapter. Pursuant to Minn. Rules parts 6120.2500 through 6120.3900, no lake, pond or flowage less than ten acres in size in municipalities need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the Council, be exempt from this subchapter.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.062 COMPLIANCE.
(A) General. The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area, the cutting of shoreland vegetation and the subdivision of land shall be in full compliance with the terms of this subchapter and other application regulations. In considering variance requests, the Board of Adjustment must consider whether existing sewage treatment systems on the property need upgrading before additional development is approved.
(B) Notifications to the Department of Natural Resources.
(1) Copies of all notices of any public hearings to consider variances, amendments or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(2) A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls, must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.063 ENFORCEMENT.
The City Engineer is responsible for the administration and enforcement of this subchapter. Violations of this subchapter can occur regardless of whether or not a permit is required for a regulated activity.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.064 INTERPRETATION.
In their interpretation and application, the provisions of this subchapter shall be held to be minimum requirements and shall be liberally construed in favor of the Council and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.065 ABROGATION AND GREATER RESTRICTIONS.
(A) It is not intended by this subchapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
(B) However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.066 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the BLUFF):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
(4) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOATHOUSE. A facility as defined by M.S. § 103G.245.
BUILDING LINE. The line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.
COMMERCIAL. Business activity of a normal wholesale or retail nature and including travel related facilities as automobile accessory stores and gasoline filling stations, bowling alleys, cafés (including drive-in eating establishments), dairy product stores, self-service laundries, liquor stores, motels, hotels, restaurants, trailer parks and campgrounds, resorts and related recreation uses.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL USE. A land use or development, as defined by ordinance, that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning provisions of the code exist, the use or development conforms to the Comprehensive Land Use Plan of the city, and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
DUPLEX, TRIPLEX and QUAD. A dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or time-share accommodations such as motels, hotels and resort rooms and cabins.
ENVIRONMENTAL ASSESSMENT WORK SHEET or EAW.
(1) A brief document, in work sheet format, that helps local governments and state agencies decide whether a proposed action is a major action with the potential for significant environmental effects and, in the case of a private action, whether it is of more than local significance.
(2) If the action meets these criteria, an environmental impact statement (EIS) should be prepared.
ENVIRONMENTAL IMPACT STATEMENT or EIS. An informational document which contains a thorough evaluation of the environmental effects of a proposed project. The EIS provides information for agencies and private persons which helps them not only to evaluate the impacts of proposed actions which have the potential for significant environmental effects, but to consider alternatives and to institute methods for reducing adverse environmental effects.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.
FILTERING BASIN. A wetland, low area or basin that may contain related vegetation which functions to remove sediment, organic matter and other pollutants from runoff or waste water by filtration, disposition, infiltration, absorption, adsorption, decomposition and volatization, thereby reducing pollution and protecting the environment.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
HARDSHIP. The same as that term is defined in M.S. Ch. 462 (for municipalities), as it may be amended from time to time.
HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
INDUSTRIAL. Any activity engaged in the cleaning, servicing, testing, repairing, storage, processing, construction or fabrication of goods or products, including mining or stripping of soils or minerals.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT WIDTH. The shortest distance between lot lines as measured at the legal building setback line and not being less than the required lake frontage.
NON-CONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases and a mix of structure types and land uses. These DEVELOPMENTS may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises or any combination of these or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
PUBLIC WATERS. Any water as defined in M.S. § 103G.005, subd. 15, 15a.
SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility.
SEWAGE TREATMENT SYSTEM. Has the meaning given under Minn. Rules, part 7080.1100, subp. 82.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 feet for agricultural land uses and 50% of the structure setback for all other land uses.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance an a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.108, as it may be amended from time to time. A HISTORIC SITE meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State Archaeologist or the Director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this subchapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of the use.
TOE OF THE BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
VARIANCE. The same as that term is defined in M.S. § 462.357, subd. 6(2).
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, screen houses and fish houses.
WETLAND. Has the meaning given under Minn. Rules, part 8420.0111.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.067 ADMINISTRATION.
The administration of this subchapter is in accordance with the provisions of this chapter.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.068 SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS.
(A) Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in Minn. Rules part 6120.3300, and the protected waters inventory map for the county.
(B) Definition. The shoreland area for the waterbodies listed in divisions (C) and (D) below shall be as shown on the official zoning map.
(C) Lakes.
(1) Natural environment lakes.
(a) One Mile Lake: protected waters inventory I.D. #56-817;
(b) Chautuaqua Lake: I.D. #56-780;
(c) Unnamed Lake: I.D. #56-815;
(d) Unnamed Lake: I.D. #56-816;
(e) Unnamed Lake: I.D. #56-826;
(f) Unnamed Lake: I.D. #56-827;
(g) Unnamed Lake: I.D. #56-830;
(h) Unnamed Lake: I.D. #56-831;
(i) Unnamed Lake: I.D. #56-832;
(j) Unnamed Lake: I.D. #56-861;
(k) Unnamed Lake: I.D. #56-863;
(l) Unnamed Lake: I.D. #56-864;
(m) Unnamed Lake: I.D. #56-866;
(n) Unnamed Lake: I.D. #56-1188;
(o) Unnamed Lake: I.D. #56-1197;
(p) Unnamed Lake: I.D. #56-1480.
(2) Recreational development lakes.
(a) Hoot Lake: Inventory I.D. #56-782;
(b) Pebble Lake: I.D. #56-829; and
(c) Wright Lake: I.D. #56-783.
(3) General development lakes.
(a) Lake Alice: I.D. #56-867;
(b) Opperman Lake: I.D. #56-865;
(c) Groto Lake: I.D. #56-819;
(d) Unnamed Lake: I.D. #56-822;
(e) Unnamed Lake: I.D. #56-828;
(f) Unnamed Lake: I.D. #56-1204;
(g) Unnamed Lake: I.D. #56-1203; and
(h) Unnamed Lake: I.D. #56-821.
(D) Rivers and streams.
(1) Remote rivers;
(2) Forested rivers;
(3) Transition rivers;
(4) Agricultural rivers: Pelican River, Otter Tail River (unless portion otherwise designated within this section);
(5) Urban rivers; and
(6) Tributary streams.
(E) Unclassified waters. All protected lakes, rivers and streams in the city not classified in divisions (D)(1) through (D)(4) above, shall be considered to be classified as shown on the protected waters inventory map for the county, a copy of which is hereby adopted by reference. All other protected waters in the city not so classified shall be considered to be classified as general development for lakes and tributary, for rivers and streams.
(F) Land use district descriptions. See other provisions of this chapter and official zoning map.
(G) Use and upgrading of inconsistent land use districts. See other provisions of this chapter.
(H) Structure and on-site sewage system setbacks (in feet) from ordinary high water level. The standards in §§ 154.099, 154.100 and 154.101 of this chapter shall apply to all shorelands of all public waters within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.069 ZONING AND WATER SUPPLY, SANITARY PROVISIONS.
(A) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minn. Rules parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item, if the structure is constructed of flood-resistent materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in § 154.068(G) of this chapter if this water-oriented accessory structure complies with the following provisions.
(a) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.
(b) The setback of the structure or facility from the ordinary high water level must be at least ten feet.
(c) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(f) As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet; provided, the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(3) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements.
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments.
(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties and planned unit developments.
(c) Canopies or roofs are not allowed on stairways, lifts or landings.
(d) Stairways, lifts and landing may be either constructed above the ground on posts or pilings or placed into the ground; provided, they are designed and built in a manner that ensures control of soil erosion.
(e) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
(f) Facilities such as ramps, lifts or mobility paths for physically-handicapped persons are also allowed for achieving access to shore areas; provided that, the dimensional and performance standards of divisions (A)(3)(a) through (A)(3)(f) above are complied in addition to the requirements of Minn. Rules Ch. 1340.
(4) Significant historic sites. No structure may be placed in a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(5) Steep slopes.
(a) The City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes.
(b) When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(B) Height of structures. All structures in residential districts, except churches and non- residential agricultural structures, must not exceed 30 feet in height.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.070 SHORELAND ALTERATIONS.
(A) Purpose. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.
(B) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation, except for agriculture and forest management uses as regulated in divisions (B)(6) and (B)(7) below, respectively, is allowed subject to the following standards.
(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities; provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved; and
3. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(C) Topographic alterations/grading and filling.
(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(2) Notwithstanding division (C)(1) above, a grading and filling permit will be required for:
(a) The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
(b) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(3) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals.
(a) Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
1. Sediment and pollutant trapping and retention;
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals or others.
(b) This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, the state’s Department of Natural Resources or the United States Army Corps of Engineers. The applicant will be so advised.
(c) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(d) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
(e) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(f) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
(g) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(h) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(i) Fill or excavated material must not be placed in bluff impact zones.
(j) Any alterations below the ordinary high water level must first be authorized by the Commissioner under M.S. § 105.42, as it may be amended from time to time.
(k) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(l) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet, unless approved by the City Engineer.
(4) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(5) Fill below OHW and construction of channels must be in accordance with M.S. § 103G.245, as it may be amended from time to time.
(D) Storm water management. The following general and specific standards shall apply.
(1) When possible, existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features and solid and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, waterways and ponds may be used. Consideration should be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.
(E) Specific standards.
(1) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with acceptable engineering practices.
(2) New constructed stormwater outfalls to public waters should provide for filtering or settling of suspended solids and skimming of surface debris before discharge whenever possible.
(F) Agriculture use standards.
(1) General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service.
(2) Application of fertilizer, herbicides, pesticides, animal wastes or other chemicals within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
(3) Animal feedlots shall not be permitted in the shoreland of public waters.
(G) Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards.
(1) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the state’s Non-Point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management, Best Management Practices in Minnesota.
(2) If allowed by local governments, forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards.
(a) Shore and bluff impact zones must not be intensively cleared of vegetation.
(b) An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.
(3) Use of fertilizer, pesticides or animal wastes within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
(H) Extractive use standards.
(1) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion and must clearly explain how the site will be rehabilitated after extractive activities end.
(2) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(3) Placement and design of roads, driveways and parking areas.
(a) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
(b) Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
(c) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this division (H) are met. For private facilities, the grading and filling provisions of this division (H) must be met.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.071 CONDITIONAL USES.
(A) Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established community-wide.
(B) The following additional evaluation criteria and conditions apply within shoreland areas.
(1) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure:
(a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
(b) The visibility of structures and other facilities as viewed from public waters is limited;
(c) The site is adequate for water supply and on-site sewage treatment; and
(d) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
(2) Conditions attached to conditional use permits. The Council, upon consideration of the criteria listed above the purposes of this subchapter, shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this subchapter. The conditions may include, but are not limited to, the following:
(a) Increased setbacks from the ordinary high water level;
(b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
(c) Special provisions for the location, design and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.072 WATER SUPPLY AND SEWAGE TREATMENT.
(A) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency.
(B) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows.
(1) Publicly-owned sewer systems must be used, where available.
(2) All private sewage treatment systems must meet or exceed the State Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, Individual Sewage Treatment Systems Standards, Minn. Rules Ch. 7080, a copy of which is hereby adopted by reference and declared to be a part of this subchapter.
(3) On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in § 154.068(G) of this chapter.
(4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in divisions (B)(5)(a) through (B)(5)(d) below. If the determination of a site’s suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.
(5) Evaluation criteria:
(a) Depth to the highest known or calculated ground water, table or bedrock;
(b) Soil conditions, properties and permeability;
(c) Slope; and
(d) The existence of lowlands, local surface depressions and rock outcrops.
(6) Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with § 154.073 of this chapter.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.073 NON-CONFORMITIES.
All legally established non-conformities as of the effective date of this subchapter may continue, but they will be managed according to applicable state statutes and other regulations of this chapter for the subject of alterations and additions, repair after damage, discontinuance of use and intensification of use; except that, the following standards will also apply in shoreland areas.
(A) Construction on non-conforming lots of record.
(1) Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of § 154.068(G) of this chapter may be allowed as buildings sites without variances from lot size requirements; provided, the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time and sewage treatment and setback requirements of this subchapter are met.
(2) A variance from setback requirements must be obtained before any use, sewage treatment system or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 154.068(G) of this chapter, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 154.068(G) of this chapter as much as possible.
(B) Additions/expansions to non-conforming structures.
(2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(a) The structure existed on the date the structure setbacks were established;
(b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(c) The deck encroachment toward the ordinary high water level does not exceed 10% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(d) The deck is constructed primarily of wood and is not roofed or screened.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014)
§ 154.074 PLANNED UNIT DEVELOPMENTS (PUDS).
(A) Purpose. The purpose of the “PUD” Planned Unit Development District is to permit flexibility in the use and design of structures and land in situations where modification of specific provisions of this section would not be contrary to its intent and purpose or significantly be inconsistent with the planning on which it is based, and will not be harmful to the neighborhood in which the district occurs. The PUD process may allow:
(1) Variety. Within a comprehensive site design concept a mixture of land uses, housing types, and densities.
(2) Sensitivity. By departing from the strict application of required performance standards associated with traditional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural and scenic characteristics.
(3) Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility related expenses.
(4) District integration. The combination of uses which are allowed in separate zoning districts such as:
(a) Mixed residential allows both densities and unit types to be varied within the PUD.
(b) Mixed commercial, residential, or institutional land use with the integration of compatible land uses within the PUD.
(B) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites or conversions of existing buildings and land in land use districts classified as R-4 Multiple-Residence, only.
(C) Processing of PUDs. Planned unit developments must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date this section was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures. Approval cannot occur until all applicable environmental reviews are complete.
(D) Application for a PUD. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:
(1) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided) and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two;
(2) A property owner’s association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of this section;
(3) Deed restrictions, covenants, permanent easements or other instruments that:
(a) Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft and construction of commercial buildings in residential PUDs; and
(b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this section.
(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and
(5) Those additional documents as requested by the city that are necessary to explain how the PUD will be designed and will function.
(E) Maintenance and design criteria. Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(1) Vegetation and topographic alterations other than routine maintenance prohibited;
(2) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(3) Uncontrolled beaching of watercraft prohibited.
(F) Open space requirements. Planned unit developments outside the shoreland management area must contain open space meeting all the following criteria:
(1) At least 40% of the total project area must be preserved as open space;
(2) Dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;
(3) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;
(4) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites and by the general public;
(5) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;
(6) Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; and
(7) The appearance of open space areas, including topography, vegetation and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance or other effective and permanent means.
(G) Density determination for PUDs within the shoreland management area. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures:
(1) Step 1: identify density analysis tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:
Waterbody classification | No sewer (ft) | Sewer (ft) |
General development lakes — first tier | 200 | 200 |
General development lakes — all other tiers | 267 | 200 |
Recreational development lakes | 267 | 267 |
Natural environment lakes | 400 | 320 |
All rivers | 300 | 300 |
(2) Step 2: calculate suitable area for development. Calculate the suitable area within each tier by excluding all road rights-of-way or easements, wetlands, bluffs, or land below the ordinary high water level of public waters.
(3) Step 3: determine base density.
(a) For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width or river frontage by the minimum single residential lot width.
(b) For commercial PUDs:
1. Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.
a. For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.
b. For dwelling sites (campgrounds), determine the area of each dwelling site as follows: For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 square feet; for recreational vehicles, campers or tents, use 400 square feet.
2. Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area:
Inside living floor area or dwelling site area (square feet) | General development lakes with sewer — all tiers; general development lakes with no sewer — first tier; agricultural, urban, and tributary rivers | General development lakes with no sewer — all other tiers; recreational development lakes, forested, and transition rivers | Natural environment lakes, remote rivers |
Inside living floor area or dwelling site area (square feet) | General development lakes with sewer — all tiers; general development lakes with no sewer — first tier; agricultural, urban, and tributary rivers | General development lakes with no sewer — all other tiers; recreational development lakes, forested, and transition rivers | Natural environment lakes, remote rivers |
Less than or equal to 200 | 0.040 | 0.020 | 0.010 |
300 | 0.048 | 0.024 | 0.012 |
400 | 0.056 | 0.028 | 0.014 |
500 | 0.065 | 0.032 | 0.016 |
600 | 0.072 | 0.038 | 0.019 |
700 | 0.082 | 0.042 | 0.021 |
800 | 0.091 | 0.046 | 0.023 |
900 | 0.099 | 0.050 | 0.025 |
1,000 | 0.108 | 0.054 | 0.027 |
1,100 | 0.116 | 0.058 | 0.029 |
1,200 | 0.125 | 0.064 | 0.032 |
1,300 | 0.133 | 0.068 | 0.034 |
1,400 | 0.142 | 0.072 | 0.036 |
Greater than or equal to 1,500 | 0.150 | 0.075 | 0.038 |
3. Multiply the suitable area within each tier by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.
4. Divide the total floor area or dwelling site area for each tier by the average inside living floor area for dwelling units or dwelling site area. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.
(c) Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.
(d) All PUDs with densities at or below the base density must meet the design standards in this section.
(4) Step 4: determine if the site can accommodate increased density.
(a) The following increases to the dwelling unit or dwelling site base densities are allowed if the design criteria are satisfied:
Shoreland tier | Maximum density increase within each tier (percent) |
First | 50 |
Second | 100 |
Third | 200 |
Fourth | 200 |
Fifth | 200 |
(b) Structure setbacks from the ordinary high water level:
1. Are increased to at least 50% greater than the minimum setback; or
2. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.085 HEIGHT REGULATIONS.
(A) Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
(B) Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:
(1) Monuments;
(2) Flag poles;
(3) Cooling towers;
(4) Elevator penthouses; and
(5) Radio and television antennas.
(C) Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following:
(1) Church spires, belfries or domes which do not contain usable space;
(2) Water towers;
(3) Chimneys or smokestacks; and
(4) Utility poles and structures.
(D) Height limitations set forth in the R-3, R-4 and R-5 and B-1, B-3, I-1 and I-2 Districts may be increased to six stories or 75 feet in height where the lot is not adjacent, or closer than 300 feet to any lot in any R-A, R-1, R-2, R-3, R-4 or R-5 District, and provided a conditional use permit I.D. issued for a height increase, as required by this chapter.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.086 YARD REGULATIONS.
Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
(A) Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches; except, in districts where no yards are required, they may not extend beyond any property line.
(B) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.
(C) A landing place or uncovered porch may extend into the required front yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet, six inches may be placed around the place.
(D) The above enumerated architectural features may also extend into any side or rear yard to the same extent; except that, no porch, terrace or outside stairway shall project into the required side yard distance.
(E) Fencing. For the purposes of this chapter, a fence is defined as any partition, structure, wall, or gate, wider than four feet in width.
(1) Fence placement. All boundary line fences shall be entirely located upon the property of the person, firm or corporation constructing, or causing the construction of such fence unless the owner of the adjoining property agrees that such fence may be erected on the common property line of the respective properties. The property owner must be able to maintain both sides of their fence, if maintenance is required.
(2) Alleyway setback. Fences that abut an alleyway shall be located a minimum of five feet from the lot line.
(3) Fencing material. Fences shall be constructed in a professional manner and of standard fencing materials. Fences shall not be constructed from chicken wire, welded wire, plastic fence netting or similar product, snow fence, branches, or materials originally intended for other purposes. No barb wire or electrical fencing is allow in residential zones, except for agricultural uses allowed in the R-A zone.
(4) Fencing orientation. All posts or similar supporting devices used in the construction of fences shall face inward toward the property being fenced. That side of the fence considered to be the face shall be oriented toward abutting property or rights-of-way.
(5) Fencing height. All fence heights shall be measured by the body of the fence and all fencing measuring must be started within six inches of natural grade.
(a) In residential zones, fences may be located in any yard up to a height of six feet tall. Fences in the front yard must be a maximum of 50% opacity, excluding posts and supports. Fences in the front yard are limited to decorative fences such as picket fences, split rail fences, and decorative iron/brick fences. A chain link fence is not considered a decorative fence.
(b) When any side or rear lot line of a residentially zoned lot abuts a business or industrial zone, a fence height of up to eight feet shall be allowed. This height exception shall apply only to the side or rear yard which abuts the business or industrial zone.
(c) In business and industrial zones, fences shall not exceed a height of ten feet. Barb wire may be used for security fencing as long as it is at least six feet from natural grade.
(d) Corner lot exception. The maximum height of a fence or hedge on a corner lot shall be three feet for a distance of 20 feet from the corner intersection of the right-of-way lines. This regulation does not apply to an alleyway.
(F) On double frontage lots, the required front yard shall be provided on both streets.
(G) The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth which may cause danger to traffic on a street or public road by obscuring the view.
(H) In determining the depth of rear yard for any building where the rear yard opens into any alley, half the width of the alley, but not exceeding ten feet, may be considered a portion of the rear yard, subject to the following regulations:
(1) The depth of any rear yard shall not be reduced to less than ten feet by the application of this exception.
(2) If the door of any building or improvement, except a fence, opens toward an alley, it shall not swing closer than a distance of one foot to the alley right-of-way.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019; Ord. 15, Eighth Series, effective 11-21-2021) Penalty, see §
154.999
§ 154.087 YARD LANDSCAPING.
In all classes of business districts and in I-1 and I-2, Industrial Districts, all required yards shall be open landscaped and green areas, except as provided by § 154.193 of this chapter. If any yards are to be landscaped they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any of the classes of residence districts shall be landscaped with planting buffer screens. Plans for screens shall be submitted as a part of the initial construction.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.088 STORAGE OF MATERIALS.
In all classes of business districts and all classes of industrial districts, open storage of materials in any required front, side or rear yard shall be prohibited. Any other outside storage shall be located or screened so as not to be visible from any of the classes of residence districts.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.089 AREA REGULATIONS.
No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than herein prescribed.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.090 ACCESSORY USES.
The following accessory uses, in addition to those hereinbefore specified, shall be permitted in any residential district, if the accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in the district:
(A) The renting of rooms or the providing of table board in a dwelling as an incidental use to that of its occupancy as a dwelling of the character permitted in the respective district, but not to the extent of constituting a hotel, as defined in this chapter, unless permitted in the district;
(B) The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district;
(C) News and refreshment stands and restaurants in connection with passenger stations;
(D) Recreation, refreshment and service buildings in public parks and playgrounds; and
(E) Fallout shelters.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019)
§ 154.091 ACCESSORY BUILDINGS.
(A) (1) Accessory building attached to main building. If an accessory building is attached to the main building, it shall be made structurally a part of the main building (sharing a common wall or roof) and shall comply in all respects with the requirements of this chapter applicable to the main building.
(2) Exception for existing accessory buildings in residential districts. The established setbacks for an existing accessory building that is going to be structurally attached to the main building do not prevent an accessory building from being structurally attached to a main building in a residential zone and shall be considered in compliance with the setback requirements in this chapter.
(B) Placement on lot. A detached accessory building shall not be located in any required front yard, including both required front yards on a corner lot (excluding alley ways). If a parcel is located in shoreland, and a riparian lot, accessory buildings may be located in the front yard, but must meet all primary structure setbacks.
(C) Accessory building setbacks.
(1) Lot line setback. A detached accessory building must have a side or rear lot line setback of not less than five feet in the R-A and R-1, Residence Districts, and three feet in the R-2, R-3, and R-4, Residence Districts.
(2) Setback from main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this chapter.
(D) Accessory building height. Detached accessory buildings shall not exceed 19 feet in height or the height of the primary structure, whichever is greater.
(E) Accessory building size. The maximum size of detached accessory buildings (individually or combined), as measured by the footprint of the building, shall be no greater than 5,000 square feet in the R-A zone, and no greater than 10% of the total lot size in all other residential R districts.
(F) Accessory building façade. A detached accessory building shall having matching or better façade and materials of the primary structure.
(G) Timing of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building, unless permitted at the same time as the primary structure.
(H) Conditional use permit required. Detached accessory buildings constructed by post frame construction (pole buildings shall be allowed in the residential R districts by conditional use permit only).
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019; Ord. 15, Eighth Series, effective 11-21-2021) Penalty, see §
154.999
§ 154.092 MULTIPLE DWELLING UNITS SOLD INDIVIDUALLY.
(A) Condominiums. When multiple dwelling units (including two-family dwellings) are to be sold individually with each unit recorded under separate ownership, compliance with the state’s Uniform Condominium Act (M.S. §§ 515A.1101 to 515A.4117, as they may be amended from time to time) is required with the exception of two-family attached dwellings which opt to comply with division (B) below. Land identified under each recorded declaration shall be constructed to be one parcel or lot for purposes of zoning and subdivision requirements, regardless of whether it is defined as a “common element” or a “limited common element”.
(B) Two-family attached dwellings. A conditional use permit may be issued to allow the separate sale of attached dwelling units with land for two-family dwellings, subject to the following conditions.
(1) The permit shall be for the life of the building only.
(2) A party wall agreement or covenant must be filed with each deed which clearly defines the responsibility of each owner for all utilities and utility hookups, maintenance, improvements, reconstruction encompassing portions of all of the property and other areas of mutual concern.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019)
§ 154.093 NON-PERMANENT FOUNDATIONS.
Any dwelling not constructed on a permanent foundation must be tied down and made secure and comply with the requirements of the state’s Building Code; any dwelling must have appropriate skirting which is compatible to the existing neighborhood.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.094 HOME OCCUPATIONS.
(A) Permit required; conditions of permit. A home occupation may be permitted in any class of residential zoning district, subject to the following conditions.
(1) All home occupations shall obtain a permit from the city prior to operation of the home occupation.
(2) The home occupation shall be clearly secondary to the residential use of a dwelling unit.
(3) The home occupation shall not change the character of the dwelling or have any exterior evidence of the home occupation.
(4) The home occupation shall not exceed one-third of the habitable floor area of a dwelling.
(5) The home occupation shall be carried on or conducted by members of the family residing in the dwelling and immediate family of the resident(s).
(6) One non-resident/non-familial employee shall be permitted as a part of the home occupation.
(7) No more than nine clients/customers a day shall be permitted to visit the home occupation. Hours for client/customer visits shall be between 8:00 a.m. and 8:00 p.m.
(8) Delivers and pickups shall be those normally associated with residential uses and shall occur only between 7:00 a.m. and 8:00 p.m.
(9) Outside storage of heavy equipment or material in conjunction with the home occupation shall be prohibited.
(10) No excessive generation of dust, odors, noise, vibration or electrical interference or fluctuation shall be perceptible beyond the property line.
(B) Effect of permit. The home occupation permit is effective only for the location specified in the application. The issuance of a home occupation permit does not confer on the property any vested right.
(C) Termination.
(1) A home occupation permit expires and the home occupation must terminate at the earlier of:
(a) The expiration date in the home occupation permit;
(b) The occurrence of any event identified in the home occupation permit for termination of the use;
(c) Revocation of the home occupation permit; or
(d) An amendment of the city code that no longer allows the home occupation.
(2) A home occupation permit expires one year after approval if the proposed use is not commenced or a building permit for a structure to support the home occupation has not been issued.
(3) A home occupation permit expires if the home occupation ceases operation for a continuous period of at least one year.
(D) Revocation and modification. The City Council may review a home occupation permit periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the state, or any city ordinance. If it is discovered after approval of the home occupation permit that the city’s decision was based at least in part on false or misleading information, the city may revoke the permit, modify the conditions or impose additional conditions to ensure compliance with this section. The procedure for revocation will be the same as that for licenses specified in § 110.03 of this code of ordinances.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019) Penalty, see § 154.999
§ 154.095 AWNINGS, CANOPIES AND MARQUEES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJUSTABLE AWNING.
(a) Any entrance or window covering, constructed of wood and canvas, or metal and canvas, or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building and capable of being raised or lowered by means of ropes or mechanical device.
(b) Every ADJUSTABLE AWNING constructed or placed over any sidewalk shall be at least seven feet above the sidewalk at its lowest point; provided that, a hanging border of canvas or similar material may drop vertically to a point not less than six feet six inches above the sidewalk.
CANOPY or MARQUEE. Any entrance or window covering constructed of metal, or metal and glass, or other non-combustible material, projecting from the exterior surface of the wall of a building.
(B) Application to adjustable awnings.
(1) No adjustable awning, as herein defined, shall project more than 15 feet from the exterior wall of a building into the public easement for street or sidewalk purposes, but in no event beyond the curb.
(2) Every adjustable awning constructed or placed over any sidewalk shall be at least seven feet above the sidewalk at its lowest point; provided that, a hanging border of canvas or similar material may drop vertically to a point not less than six feet six inches above the sidewalk.
(3) All adjustable awnings shall be supported without posts by iron brackets or by an iron frame firmly attached to the building so as to leave the sidewalk wholly unobstructed thereby.
(C) Fixed awnings. All of the rules and regulations with reference to adjustable awnings as appearing at division (B) above shall apply and be in force and effect as to fixed awnings; except that, fixed awnings may be supported by metal or other non-combustible posts or supports, but posts or supports shall be fastened adjacent to or on the curb, but the supports shall be removed in the event the fixed awning is removed.
(2002 Code, § 7.42) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 71, Third Series, effective 8-15-1982; Ord. 104, Third Series, effective 5-30-1984; Ord. 104, Sixth Series, effective 5-12-2009; Ord. 112, Sixth Series, effective 10-15-2009; Ord. 76, Seventh Series, effective 1-6-2019; Ord. 83, Seventh Series, passed 5-20-2019) Penalty, see § 154.999
§ 154.096 TEMPORARY HEALTH CARE FACILITIES.
The city opts-out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
(2002 Code, § 7.45) (Ord. 47, Seventh Series, effective 9-28-2016)
§ 154.097 NON-CONFORMING USES.
(A) General rule. Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the non-conformity or occupancy is discontinued for a period of more than one year, or any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters or similar adults-only businesses, as defined by ordinance.
(B) Exceptions.
(1) Buildings and lots found to be non-conforming only by reason of height, yard or area requirements shall be exempt from the provisions of this section.
(2) Residential non-conforming uses in any district existing at the effective date of this chapter shall not be subject to the amortization period set forth in this section.
(3) Commercial and industrial non-conforming uses in any district will be allowed to make any repairs or alterations necessary to maintain the building(s) for the current use, including the construction of accessory structures. The repair, alteration or construction of any structure will not affect the amortization period which will remain the same as before the repair, alteration or construction occurred. Any change in the use must conform to the requirements of the district.
(4) All sanitary facilities inconsistent with WPC 40 (Individual Sewage Treatment Systems Standards) § C.2, H.2 b.(1), (2), and (4); H.2.C. (1) or inconsistent with WPC 40 in terms of size, construction, use and maintenance shall be brought into conformity or discontinued within five years from the date of enactment of shoreland provisions. Any non-conforming sanitary facilities found to be a public nuisance shall be brought into conformity or discontinued within 30 days after receiving notice from the Zoning Administrator.
(2002 Code, § 7.50) (Ord. 324, effective 11-20-1965; Ord. 2, Third Series, effective 4-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 65, Fourth Series, passed 5-16-1994) Penalty, see § 154.999
§ 154.098 LAND USE INTENSITY DESIGNATIONS.
A planned unit project development shall confirm to all of the following requirements:
Land Use Intensity Designation | Residential | Commercial | |||||
A | B | C | D | E | HR | F | |
Land Use Intensity Designation | Residential | Commercial | |||||
A | B | C | D | E | HR | F | |
Maximum area ratio | 0.15 | ||||||
Maximum lot coverage ratio | 0.4 | ||||||
Maximum residential floor area ratio | 0.2 | 0.283 | 0.4 | 0.566 | 0.8 | 1.9 | |
Minimum green space ratio | 0.2 | ||||||
Minimum liveability space ratio | 2.6 | 1.7 | 1.1 | 0.71 | 0.5 | 0.2 | |
Minimum off-street parking ratio | 1 | ||||||
Minimum open space ratio | 3.8 | 2.6 | 1.8 | 1.3 | 0.85 | 0.41 | |
Minimum parking ratio | 1.5 | 1.5 | 1.5 | 1.5 | 1.5 | 1.5 | |
Minimum recreation space ratio | 0.18 | 0.15 | 0.13 | 0.11 | 0.1 | 0.02 | |
Minimum residential area (acres) | 2 | 2 | 2 | 2 | 2 | 2 | |
(2002 Code, Ch. 7, App. A) (Ord. 324, effective 11-20-1965; Ord. 71, Third Series, effective 8-15-1972; Ord. 6, Third Series, effective 7-1-1979; Ord. 181, Third Series, effective 1-15-1989) Penalty, see § 154.999
§ 154.099 RIPARIAN AND NON-RIPARIAN LOT REQUIREMENTS.
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
NATURAL ENVIRONMENT | ||||
Unsewered Lakes | ||||
Single | 80,000 | 200 | 80,000 | 200 |
Duplex | 120,000 | 300 | 160,000 | 400 |
Triplex | 260,000 | 400 | 240,000 | 600 |
Quad | 200,000 | 500 | 320,000 | 800 |
Sewered Lakes | ||||
Single | 40,000 | 125 | 20,000 | 125 |
Duplex | 70,000 | 225 | 35,000 | 220 |
Triplex | 100,000 | 325 | 52,000 | 315 |
Quad | 130,000 | 425 | 65,000 | 410 |
RECREATIONAL DEVELOPMENT | ||||
Unsewered Lakes | ||||
Single | 40,000 | 150 | 40,000 | 150 |
Duplex | 80,000 | 225 | 80,000 | 265 |
Triplex | 120,000 | 300 | 120,000 | 375 |
Quad | 160,000 | 375 | 160,000 | 490 |
Sewered Lakes | ||||
Single | 20,000 | 75 | 15,000 | 75 |
Duplex | 35,000 | 135 | 26,000 | 135 |
Triplex | 50,000 | 195 | 38,000 | 190 |
Quad | 65,000 | 255 | 49,000 | 245 |
GENERAL DEVELOPMENT | ||||
Unsewered Lakes | ||||
Single | 20,000 | 100 | 20,000 | 100 |
Duplex | 40,000 | 180 | 40,000 | 180 |
Triplex | 60,000 | 260 | 60,000 | 260 |
Quad | 80,000 | 340 | 80,000 | 340 |
Sewered Lakes | ||||
Single | 15,000 | 80 | 10,000 | 75 |
Duplex | 26,000 | 135 | 17,500 | 135 |
Triplex | 38,000 | 195 | 25,000 | 190 |
Quad | 49,000 | 255 | 32,500 | 245 |
(2002 Code, Ch. 7, App. B) (Ord. 42, Fourth Services, effective 5-31-1992)
§ 154.100 RIVER/STREAM LOT WIDTH STANDARDS.
There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are as follows:
Urban and Tributary | ||||||
Remote | Forested | Transition | Agricultural | No Sewer | Sewer | |
Single | 300 | 200 | 250 | 150 | 100 | 75 |
Duplex | 450 | 300 | 375 | 225 | 150 | 115 |
Triplex | 600 | 400 | 500 | 300 | 200 | 150 |
Quad | 750 | 500 | 625 | 375 | 250 | 190 |
(2002 Code, Ch. 7, App. C) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.101 SHORELAND OVERLAY SETBACK REQUIREMENTS.
The setback and other requirements listed below shall be followed:
Waterbody classification | Structures with no sewer | Structures with sewer | Sewage treatment systems |
Natural environment lakes | 150 | 150 | 150 |
Recreational development lakes | 100 | 75 | 75 |
General development lakes | 75 | 50 | 50 |
Remote rivers | 200 | 200 | 150 |
Forested and transition rivers | 150 | 150 | 100 |
Agriculture, urban, and tributary rivers | 100 | 50 | 75 |
(2002 Code, Ch. 7, App. D) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 34, Eighth Series, effective 2-5-2023)
§ 154.115 PURPOSE.
This subchapter is established to regulate the installation of wind energy conversion systems (WECS) within the city, not otherwise subject to siting and oversight by the state.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.116 INTERPRETATION, CONFLICT AND SEPARABILITY.
(A) Interpretation. In interpreting these regulations and their application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be constructed to broadly promote the purposes for which they are adopted.
(B) Conflict. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law, except as provided in these regulations. If any provision of these regulations that impose restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control.
(C) Separability. If any part or provision of these regulations or the application of these regulations to any developer or circumstances is found invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.117 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATED PROJECT. Those which are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure, such as power lines and transformers, that service the facility may be owned by a separate entity, but are also included as part of the AGGREGATED PROJECT.
COMMERCIAL WECS. A WECS of equal to or greater than 35 kW in total name plate generating capacity.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS.
METEOROLOGICAL TOWER. Those towers which are erected primarily to measure wind speed and directions, plus other data relevant to siting WECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the state’s Department of Transportation or other similar applications to monitor weather conditions.
NON-COMMERCIAL WECS. A WECS of less than 35 kW in total name plate generating capacity.
PROPERTY LINE. The boundary line of the area over which the entity applying for a WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement or other appropriate contractual relationship between the project developer and landowner.
PUBLIC CONSERVATION LANDS. Land owned in fee title by state or federal agencies and managed specifically for conservation purposes, including, but not limited to, state wildlife management areas, state parks, state scientific and natural areas, federal wildlife refuges and waterfowl production areas. For the purposes of this subchapter, PUBLIC CONSERVATION LANDS will also include lands owned in fee title by non-profit conservation organizations. PUBLIC CONSERVATION LANDS do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
SUBSTATIONS. Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts (35 kV) for interconnection with high voltage transmission lines shall be located outside of the road right-of-way.
TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
TOWER. Towers include vertical structures that support the electrical generator, rotor blades or meteorological equipment.
TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.
TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 40,000 volts (40 kV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
WECS or WIND ENERGY CONVERSION SYSTEM. An electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
WIND TURBINE. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.118 APPLICATION PROCEDURES.
(A) Application for WECS shall be reviewed and processed in accordance with the conditional use permit procedures established in § 154.016 of this chapter.
(B) The following information is required in addition to the information required for a site plan or conditional use permit application.
(1) The application for all WECS shall include the following information:
(a) The names of project applicant;
(b) The name of the project owner;
(c) The legal description and address of the project;
(d) A description of the project including: number, type, name plate generating capacity, tower height, rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid;
(e) Property survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include distances and be drawn to scale;
(f) Evidence that the applicant can obtain and maintain adequate liability insurance for the WECS and subject property;
(g) Engineer’s certification;
(h) Documentation of land ownership or legal control of the property;
(i) Decommissioning plan as required in § 154.121 of this chapter;
(j) A noise study, prepared by a qualified professional or WECS provider, that demonstrates that, except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minn. Rules part 7030 governing noise and §§ 90.20 through 90.26 of this code of ordinances, as applicable; and
(k) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall:
1. Map and describe with a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy and wind directions and speed;
2. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations; and
3. Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS or grading or landscaping mitigation measures.
(2) The application for all WECS, except WECS equal or less than five kw in total name plate generating capacity, shall also include:
(a) The latitude and longitude of individual wind turbines. A USGS topographical map, or map with similar data, of the project site including boundaries of the project area, surrounding property within one-quarter mile and any other WECS within ten rotor diameters of the proposed project;
(b) Location of wetlands, scenic and natural areas (including bluffs) within one mile of the proposed WECS;
(c) FAA permit application;
(d) Location of all known communications towers within two miles of the proposed project. Provide proof that the WECS will not interfere with emergency or other microwave transmission; and
(e) Description of potential impacts on nearby WECS and wind resources on adjacent properties.
(3) Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate, approvals. Permits will be issued and recorded separately. All aggregated projects over the five MW threshold currently outlined in state statute are subject to state regulation.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.119 DISTRICT REGULATIONS.
WECS will be conditionally permitted or not permitted based on the generating capacity and land use district, as established in the table below:
Zoning District | Non-Commercial WECS | Commercial WECS | Meteorological Tower |
B-1, B-2, B-3 | Not permitted | Not permitted | Not permitted |
B-4, B-5, B-6 | Conditionally permitted | Conditionally permitted | Conditionally permitted |
I-1, I-2, I-3 | Conditionally permitted | Conditionally permitted | Conditionally permitted |
R-A, R-1, R-2 | Conditionally permitted if WECS is equal to or less than 5 kW; not permitted if WECS is greater than 5 kW | Not permitted | Conditionally permitted |
R-3, R-4, R-5 | Not Permitted | Not permitted | Not permitted |
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.120 SETBACKS.
All towers shall adhere to the setbacks established in the following table:
Non-Commercial WECS | Commercial WECS | Meteorlogical Tower |
Non-Commercial WECS | Commercial WECS | Meteorlogical Tower | |
Neighboring structures | Setback to property line of 1.1 times the total height required | 1.1 times the total height required | Guyed towers: The fall zone, as certified by a professional engineer + 10 feet Non-guyed towers: 1.1 times the total height |
Other existing WECS | N/A | 600 feet | 600 feet |
Property lines | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Road right-of-way and other right-of-ways (railroads, power lines and the like) | Guyed towers: The fall zone, as certified by a professional engineer +10 feet Non-guyed towers: 1.1 times the total height | 1.1 times the total height | |
Wetlands, USFW Types III, IV and V | N/A | 100 feet | 100 feet |
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.121 DESIGN REQUIREMENTS AND STANDARDS.
(A) Safety design standards.
(1) Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(2) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(3) Warnings. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. Painted aviation warnings are recommended on meteorological towers less than 200 feet.
(4) Guy wires. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of eight feet above the ground. Visible fencing shall be installed around anchor points of guy wires on all commercial, industrial and institutional properties.
(B) Standards.
(1) Total height. Non-commercial WECS shall have a total height of less than 200 feet.
(2) Tower configuration. All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower.
(3) Color and finish. All wind turbines and towers shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non-reflective. Meteorological towers are exempt from this requirement.
(4) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(5) Other signage. All signage on site shall comply with city ordinances. The manufacturer’s or owner’s company name and/or logo may be placed upon the nacelle, compartment containing the electrical generator, of the WECS.
(6) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service. This standard applies to all feeder lines subject to city authority.
(7) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall more than 100 feet from an existing residential property.
(8) Waste disposal. Solid and hazardous wastes, including, but not limited to, crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(9) Discontinuation and decommissioning. A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the city administrator outlining the steps and schedule for returning the WECS to service. All commercial WECS and accessory facilities, including the foundation, shall be completely removed within a year of the discontinuation of use for commercial WECS projects. For non-commercial projects, the footings for the WECS may be left in place provided the slab remains in place.
(10) Decommissioning plan.
(a) Each WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use.
(b) The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning.
(c) The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.
(11) Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the energy facility permitting staff of Department of Commerce of the project location and details on the form specified by the Department.
(13) Complaint resolution.
(a) The owner/operator of the WECS shall develop a process to resolve complaints from nearby residents.
(b) The process shall use an independent mediator or arbitrator and include a time frame for acting on a complaint.
(c) The applicant shall make every reasonable effort to resolve any complaint.
(14) Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.
(15) Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
(16) Uniform Building Code. All WECS shall comply with the Uniform Building Code adopted by the state.
(17) Interference.
(a) The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals cause by any WECS.
(b) The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for permits.
(c) No WECS shall be constructed so as to interfere with any microwave transmissions.
(18) Right of entrance. By the acceptance of the conditional use permit, the owner/operator grants permission to the city to enter the property to remove the WECS pursuant to the terms of the conditional use permit and to assure compliance with other conditions set forth in the permit.
(19) Compliance. All WECS shall comply with any applicable local, state or federal laws, rules, standards or regulations impacting their location, construction, operation or decommissioning.
(C) Avoidance and mitigation of damages to infrastructure and utilities.
(1) Roads. Applicants shall:
(a) Identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction; and
(b) Be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions.
(2) Drainage system. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.
(3) Responsibility. The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning or action otherwise resulting for any WECS.
(2002 Code, § 7.43) (Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015)
§ 154.135 PURPOSE.
Regulations governing solar energy systems are established to provide for appropriate locations for solar energy systems, to ensure compatibility with surrounding uses and to promote safe and effective use of solar energy to increase opportunities for generation of renewable energy.
(2002 Code, § 7.44) (Ord. 21, Seventh Series, effective 6-15-2015; Ord. 11, Eighth Series, effective - -2021)
§ 154.136 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. The use of solar collector surfaces as a subordinate or incidental use to the primary use on the same lot as the primary use, not to exceed ten acres in size.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral
part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building.
BUILDING-INTEGRATED SYSTEMS. Includes, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to a principal
or accessory building.
FREESTANDING SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other
structure.
SOLAR COLLECTOR SURFACE. Any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The COLLECTOR SURFACE does not include frames, supports and mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat
or light by a solar collector.
SOLAR ENERGY SYSTEM. A device or structural design feature intended to provide for collection, storage and distribution of solar energy for heating or cooling, electricity generating or water
heating.
SOLAR FARM. An area of land designated for the purpose of producing photovoltaic electricity, as a principal use of the land, for wholesale production or for a community solar production This includes any use of solar energy system over ten acres in size.
(2002 Code, § 7.44) (Ord. 21, Seventh Series, effective 6-15-2015; Ord. 11, Eighth Series, effective - -2021)
§ 154.137 SOLAR ENERGY STANDARDS.
(A) Zoning districts. Solar energy systems in accordance with the standards in this subchapter are allowed as a permitted accessory use in all zoning districts. Solar collector surfaces and all mounting devices shall comply with the minimum yard requirements of the district in which they are located, unless specifically cited elsewhere in this chapter. Solar farms shall be a conditionally permitted use in R-A Zoning areas which must address standards as set forth at City Code § 154.138 and other reasonable conditions as may be required by the City Council.
(B) Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this subchapter and shall be regulated as any other building element.
(C) Standards for accessory uses.
(1) Location. In residential zoning districts, ground-mounted solar energy systems are limited to the rear yard.
(2) Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground mounted solar energy systems shall not exceed 15 feet in height.
(3) Setbacks. Ground-mounted solar energy systems shall comply with all accessory structure setbacks in the applicable zoning district. Roof-mounted and side-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.
(4) Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs unless the roof pitch is determined to be inadequate for optimum performance of the solar energy system in which case the pitch of the solar collector may exceed the pitch of the roof up to 5%, but in no case shall be higher than ten inches above the roof line. Solar collectors may be bracket-mounted on flat roofs.
(5) Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements.
(6) Screening. Solar energy systems shall be screened from view from existing neighboring dwellings to the extent possible without impacting their function. Roof mounted collectors flush mounted shall not require screening.
(7) Maximum area. In all residential districts, ground-mounted solar energy systems shall be limited to a maximum area of 200 square feet of solar collector surfaces and all mounting devices shall comply with the minimum yard requirements of the district in which they are located, whichever is greater. The City Council may approve solar collector surfaces larger than 200 square feet as an interim use pursuant to City Code § 154.021.
(8) Aesthetics. All solar energy systems shall be designed to blend into the architecture of the building to the extent possible without negatively impacting the performance of the system and to minimize glare towards vehicular traffic and adjacent properties.
(9) Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points on interconnection to the electric grid.
(10) Abandonment. If a solar energy system remains non-functional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense within 90 days after the solar energy system is deemed to be abandoned. Removal includes the entire structure including transmission equipment, structures and foundations, and the restoration of soil and vegetation.
(D) Permits. A building permit shall be obtained for any solar energy system prior to installation.
(E) Administrative review process.
(1) In general. The Building Official, in consultation with the City Planner, shall have up to 15 working days following the submittal of a complete application to approve or deny the application. The Building Official may impose conditions and require guarantees deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this chapter and policies of the Comprehensive Plan.
(2) Submittal requirements. An application for a solar energy system shall be filed on a form approved by the Building Official. In addition, the applicant shall submit the following:
(a) Plan Applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines and proposed screening, if required.
(b) Plan Approvals. Applications that meet the design requirements of this ordinance and have total solar collector surfaces of less than 200 square feet, when ground mounted, shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code.
(c) Approved Solar Components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.
(d) Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.
(e) Compliance with State Electric Code. All photovoltaic systems shall comply with the Minnesota State Electric Code.
(f) Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements.
(g) Utility Notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
(2002 Code, § 7.44) (Ord. 21, Seventh Series, effective 6-15-2015; Ord. 11, Eighth Series, effective - -2021)
§ 154.138 SOLAR FARMS; ALLOWABLE ZONING DISTRICTS AND DESIGN STANDARDS.
(A) Solar farms shall be a conditionally permitted use in R-A Zoning areas only. An application for a solar farm shall be filed on an application as approved by the City Planner. The application must include a current site plan for the entire solar farm. The site plan must include:
(1) A to-scale horizontal and vertical (elevation) drawings showing the location of the solar farm system on the property.
(2) Property lines and the names of the adjacent property owners and current use of those properties.
(3) Existing public and private roads showing widths of the roads and any associated easements.
(4) All design and standards requirements of this ordinance,
(5) Location, spacing and the numbers of solar panels proposed to be installed.
(6) Planned location and a description of the method of connecting the array to a building or substation, and a copy of the interconnection application and/or agreement.
(7) Location of access roads.
(8) A screening and vegetative cover plan.
(9) A decommissioning plan to ensure that facilities are properly removed after their useful life and as required under paragraph (R) below in this section.
(B) The application shall be reviewed by the City Planner to ensure it is complete. A complete application shall be submitted to the Planning Commission for a public hearing and its recommendation to the City Council. The Planning Commission shall review the application to ensure it meets the requirements and standards of this ordinance and whether additional conditions should be made as part of its recommendation to the City Council. The City Council may impose additional reasonable conditions on the applicant in granting the conditional use permit.
(C) Solar farms must meet the following requirements and standards and all other reasonable conditions as may be required by the City Council:
(1) Height. Systems, equipment, and structures shall be ground mounted and not exceed 20 feet in height.
(2) Setbacks. Solar farm structures must meet the following setbacks:
(a) Solar energy systems as part of a solar farm shall be at minimum 50 feet from the outside perimeter to all property lines of the Solar Farm and meet all public water body setbacks found in City Code. In the event of multiple parcels being utilized for the entire solar farm, the outermost property line shall be required to meet the setback.
(b) Public right of way and road setback of 50 feet from the right-of-way edge of all public roads and other public right of ways or 130 feet from a centerline of a developed/constructed road, whichever is greater.
(c) Housing unit setback of 150 feet from any existing residential dwelling, except setback may be reduced by 50% if the solar energy system array is fully screened from the setback point of measurement and a written agreement of the reduced setback from the owner(s) of the existing residential dwelling unit is recorded with the Otter Tail County Recorder, Otter Tail County, Minnesota.
(d) Setback distance is measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
(D) Distribution and Communication lines. Power and communication lines running between the banks of the solar panels may be placed above ground, provided the lines are placed no higher than top of the solar modules. Power and communication lines to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in the following instances:
(1) Where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
(2) Unless otherwise determined non feasible by the city.
(E) Approved solar components. Electric solar system components must have a UL listing or equivalent.
(F) Compliance with Building Code. All active solar systems shall meet all requirements of the state's Building code and shall be inspected by a Building Inspector. A registered engineer shall certify that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
(G) Compliance with Electric Code. All photovoltaic systems shall comply with the state's Electrical Code.
(H) Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the Building Official that the owner has been approved by the utility company to install the system. Off-grid systems shall be exempt from this requirement.
(I) Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. The solar fam may be granted an extension of no more than one year (total of two years from cessation), if a plan is submitted to the city building official demonstrating plans to return the site to operation. This plan must be submitted within one year of cessation. Reusable components are to be recycled whenever feasible and the Otter Tail County solid waste ordinance must be followed. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
(J) Security fence. A security fence may surround the perimeter of the solar farm and may be located up to the property line. The use of wildlife-friendly fencing standards that include clearance at the bottom is preferred. No use of barbed wire is allowed on perimeter fencing, unless agrivoltaics practices are incorporated and approved during permitting.
(K) Emergency services vehicles. Reasonable accessibility for emergency services vehicles shall be required; and
(L) Signage. No signage is allowed on the solar farm fencing, except for a sign not to exceed requirements, as defined in §§ 154.170 through 154.177 of this chapter, displaying the facility name, address and emergency contact information. Any safety related signage required by law is allowed and exempted from signage requirements.
(M) Screening and vegetated ground cover. The screening plan shall identify the type and extent of screening provided for the solar farm. Screening is required along lot lines bordering a different residential zoning district. Screening is required within 150 feet of an existing residential dwelling unless the setback is reduced as provided in this section at in division (B)(3). Screening is encouraged along public roadways, as deemed practical and not to disturb the function of the solar modules. Screening may consist of vegetation, non-transparent fencing or berming. Security fences placed within required screening areas must also be screened by vegetation or berming.
(N) Ground cover.
(1) The vegetative cover plan shall address the planting, establishment and maintenance of vegetated ground cover meeting the beneficial habitat standards consistent with M.S. § 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources. Large-scale removal of mature trees on the site is discouraged. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.
(2) Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned.
(3) The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the city equal to 125% of the costs to meet the beneficial habitat standard. The financial guarantee shall be maintained until the vegetation on the site is sufficiently established as determined by the city.
(O) Stormwater and NPDES. Solar farms are subject to the city stormwater management and erosion and sediment control provisions and NPDES permit requirements and best practices. For the purpose of this chapter, a solar collector surface is not considered impervious surface.
(P) Additional site plan requirements. The site plan for both existing and proposed conditions must show the location of all solar arrays, other structures, floodplains, wetlands and other protected natural resources, topography, electric equipment, interior and exterior fencing plans including fence locations, design, dimensions, and all other characteristics as may be requested by the city. The site plan should show all zoning districts and overlay districts.
(Q) Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(R) Decommissioning plan. The required decommissioning plan should include the following items to be included in the permit application:
(1) The anticipated life of the project.
(2) The anticipated present value cost of decommissioning.
(3) An explanation of the calculation of the cost of decommissioning.
(4) Adequate assurances to cover the cost of decommissioning which may include financial security in the form of a surety bond, letter of credit, cash escrow held by a federally insured financial institution, or other adequate surety as determined appropriate by the city.
(5) A reserve factor to the cost projections to protect against changes in market values.
(6) A detailed decommissioning plan with a documented decommissioning costs and salvage value projections. This plan should be produced or reviewed by a licensed engineer.
(7) Require recycling of panels, as practical.
(8) Decommissioning plan should be reviewed every five years and updated, as necessary.
(S) The applicant shall follow all other applicable city ordinances pertaining to the use, such as but not limited to, lighting and noise ordinances.
(2002 Code, § 7.44) (Ord. 21, Seventh Series, effective 6-15-2015; Ord. 11, Eighth Series, effective - -2021) Penalty, see §
154.999
§ 154.150 PURPOSE.
The purpose of this subchapter is to establish predictable and balanced regulations for telecommunication facilities and systems in order to accommodate such within the city, while protecting the community against any adverse impacts to the public welfare or aesthetic resources.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019)
§ 154.151 FINDINGS.
The city finds the following:
(A) Wireless telecommunication systems provide a valuable service to the public. However, telecommunications facilities and systems are not a public utility, nor part of the public infrastructure system;
(B) To promote and preserve the public health, safety, welfare and aesthetics of the community, the location, design, construction and modification of telecommunication facilities and systems must be regulated;
(C) To minimize the visual impact of telecommunication facilities:
(1) Installation of facilities on existing support structures is favored over installation of new, freestanding telecommunication towers; and
(2) New telecommunication towers must be designed to accommodate more than one telecommunication provider and must incorporate stealth design techniques.
(D) To minimize safety hazards and visual impacts, and to ensure continued and adequate space for public utilities, public right-of-way should be minimally used for telecommunication facilities.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019)
§ 154.152 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References hereafter to “sections” are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized.
ACCESSORY EQUIPMENT. Wires, cables, generators or other equipment or apparatus associated with an antenna and necessary for telecommunication transmission.
ANTENNA. Any device used for the transmission or reception of wireless radio television, or electromagnetic waves for cellular, internet service, personal communication service, enhanced specialized mobilized radio service or television purposes.
ENGINEER. An engineer licensed by the state or an engineer acceptable to the city if licensing is not available.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
(2) All other wireless equipment associated with the small wireless facility is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed.
STEALTH DESIGN. Design intended to minimize visual impact of an object on its surroundings. Examples of STEALTH TELECOMMUNICATION DESIGN include: eliminating horizontal projections; screening with other architectural elements; nestling into surrounding landscape such that natural topography or vegetation reduces views; locating in areas that would result in the least amount of visibility to the public; minimizing size; and designing a telecommunications facility to appear as something other than a telecommunications facility.
SUPPORT STRUCTURE. An existing structure on which antenna can be mounted without increasing the mass of the existing structure. Examples of SUPPORT STRUCTURES include: telecommunication tower; building; water tower; electrical transmission tower.
TELECOMMUNICATION FACILITY. Antennas, associated equipment and support structures.
TOWER. A freestanding, self-supported structure constructed from grade for the purpose of supporting one or more antennas.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019)
§ 154.153 PERMITS; PROCEDURES AND VARIANCES.
(A) Administrative permits. The City Planner or his or her designee may administratively approve permits for the following telecommunication facilities; provided, the facilities do not involve a variance or any other matter requiring consideration by the Planning Commission or City Council:
(1) Telecommunication facilities located on electric transmission towers carrying over 200 kilo volts of electricity;
(2) Telecommunication facilities located on a telecommunication support structure for which a conditional use permit has already been approved;
(3) A one-time 15-foot extension of an existing telecommunication tower or one-time replacement of a telecommunication tower by a tower no greater than 15 feet taller than the original, existing tower up to a maximum height of 90 feet;
(4) Telecommunication facilities located on public utility structures within public rights-of-way, if the facility:
(a) Does not extend above the top of the existing utility structure by more than ten feet;
(b) Is a replacement utility structure that does not exceed 50 feet in height or the height of the existing utility structure, whichever is greater, and does not exceed the diameter of the existing utility structure by more than 50%; and
(c) Includes no component larger than six cubic feet in size.
(5) Small wireless facilities located on new support structures within public rights-of-way, if the facility is located in business or industrial zoning districts B-1 through B-6 or I-1 through I-4.
(B) Conditional use permits. Any telecommunication facility that is not eligible for an administrative permit may be allowed only by conditional use permit.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019) Penalty, see § 154.999
§ 154.154 PERMIT APPLICATION PROCEDURE.
(A) Applications for both administrative and conditional use permits must be on the appropriate form provided by the city and must include all of the following, unless otherwise waived by city staff:
(1) Name of the wireless telecommunication provider that will utilize the facility and provider’s consent to the application;
(2) Registered land survey;
(3) Site plan;
(4) Any necessary easements and easement exhibits;
(5) Support structure elevations;
(6) Construction drawings signed by a registered architect, civil engineer, landscape architect or other appropriate design professional;
(7) Coverage and capacity analysis prepared by a radio or electrical engineer that demonstrates that the location of the proposed facility is necessary to meet the coverage and capacity needs of the wireless telecommunication providers system; and
(8) Cash escrow to cover the reasonable expense of a radio or electrical engineer retained by the city, at its option, to review the coverage and capacity analysis and to conduct an interference study.
(B) Administrative permit applications are subject to the review of the City Planner or his or her designee, who will render a decision within time periods provided by M.S. § 15.99, as applicable and as they may be amended from time to time, and will serve a copy of that decision upon the applicant by mail. Any person aggrieved by the decision of the City Planner, or his or her designee, may within 15 days of receipt of the written decision of the City Planner appeal the decision to the Planning Commission.
(C) Conditional use permit applications are subject to the review procedures outlined in § 154.016 of this chapter.
(D) A variance from the regulations in this chapter requires a separate application, according to the procedures in § 154.234 of this chapter.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019)
§ 154.155 GENERAL CONDITIONS AND REGULATIONS.
All telecommunication facilities, administratively or conditionally permitted, are subject to the following general regulations.
(A) Service provider. A telecommunications service provider must be identified for the proposed telecommunication facility and must occupy the facility within 12 months of approval.
(B) Historic places. No telecommunications facility may be located within 400 feet of the boundary of any property that contains a facility or structure listed on the national register of historic places.
(C) Location. Facilities must be located in an area that will meet the applicant’s reasonable coverage and capacity needs. However, the city may require that a different location be used if it would result in less public visibility, is available and would continue to meet the applicant’s reasonable capacity and coverage needs.
(D) Collocation. New towers must be designed to accommodate more than one telecommunication provider at more than one height within the tower, unless it is physically impossible or impractical to do so at the tower’s proposed location. In addition, the applicant, tower owner, landlord and their successors must agree in writing to:
(1) Meet reasonable terms and conditions for shared use; and
(2) Submit a dispute over the potential terms and conditions to binding arbitration.
(E) Stealth design. Facilities must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques.
(F) Construction. Telecommunications facilities must be in compliance with all building and electrical code requirements. A tower must be designed and certified by an engineer to be structurally sound and in conformance with the Building Code. Structural design, mounting and installation of the telecommunications facilities must be in compliance with the manufacturer’s specifications.
(G) Landowner authorization. When applicable, the applicant must provide written authorization from the property owner. The property owner must sign the approval document provided by the city agreeing to the permit conditions, agreeing to remove the telecommunication facilities when they are unused, obsolete or become hazardous, and agreeing to the city’s right to assess removal costs as set forth below.
(H) Removal. Obsolete telecommunications facilities must be removed within 90 days after cessation of their use at the site, unless an exemption is granted by the City Council. Unused telecommunications facilities and all related equipment must be removed within one year after cessation of operation at the site, unless an exemption is granted by the City Council. Telecommunications facilities and related equipment that have become hazardous must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the City Council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the county tax records. Telecommunications facilities and all related equipment that are not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019) Penalty, see § 154.999
§ 154.156 SPECIFIC CONDITIONS AND REGULATIONS.
(A) Facilities located within public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, telecommunication facilities located within the public right-of-way are subject to the following general regulations.
(2) Facilities may not impact the public health, safety or welfare, interfere with safety and convenience of ordinary travel over the right-of-way, or otherwise negatively impact the right-of-way or its users. In determining compliance with this standard, the city many consider one or more of the following factors:
(a) The extent to which right-of-way space is available for the proposed facility, including accessory equipment;
(b) The potential demand for the particular space in the right-of-way;
(c) The availability of other locations in the right-of-way that would have less public impact;
(d) The extent to which the facility placement minimizes impacts on adjacent property; and
(e) The applicability of ordinances or other regulations that may affect the location of the facility or accessory equipment.
(3) Facilities must be removed when required by the road authority.
(B) Facilities located outside of public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, all telecommunication facilities located outside the public right-of-way are subject to the following specific regulations.
(1) Location. Telecommunication facilities may be located within any zoning district. However, on properties zoned R-1 or R-2 Residential, facilities may only be located on public or institutional property.
(2) Height.
(a) Maximum tower height, excluding lightning rods, is restricted based on the land use designation of property on which the tower is located:
Land Use Designation | Single-User Tower | Multiple-User Tower |
Business districts | 75 feet | 90 feet |
Industrial districts | 150 feet | 150 feet |
R-3, R-4 and R-5 | 75 feet | 90 feet |
R-A, R-1 and R-2 | 60 feet | 90 feet |
All other zones | 60 feet | 90 feet |
(b) The City Council may increase height if the applicant can demonstrate that the increase would not have a significant impact on surrounding properties because of things like proximity, topography or screening by trees or buildings. The Council may likewise waive height restrictions for towers wholly or partially for essential public services, such as public safety.
(3) Setbacks. Towers located adjacent to low or medium-density residential properties must meet the minimum setback requirements established for principal structures within the associated residential zoning district, but only from the property line abutting the residential district. The City Council may waive the setback requirement if necessary to implement stealth design techniques. Accessory equipment must meet minimum setback requirements established for accessory structures within the zoning district.
(4) Horizontal projection. Antennas may not project out from an antenna support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than three feet.
(5) Vertical projection. Antennas mounted on an antenna support structure may not extend more than 15 feet above the structure to which they are attached. Wall or facade-mounted antennas may not extend above the cornice line and must be constructed of a material or color that matches the exterior of the building.
(6) Accessory equipment.
(a) Accessory equipment or buildings must be architecturally designed to blend in with the surrounding natural or built environment or must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.
(b) No more than one accessory building is permitted for each tower.
(7) Color. Antennas and towers must be painted a non-contrasting color consistent with the surrounding area such as blue, gray, brown or silver, or have a galvanized finish to reduce visual impact. Metal towers must be constructed of, or treated with, corrosion-resistant material.
(8) Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety or unless necessary to facilitate service to ground-mounted equipment.
(C) Facilities located within public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, all telecommunication facilities located within the public right-of-way are subject to the following specific regulations.
(1) Location.
(a) Within residential zoning districts, facilities are only permitted within the rights-of-way of collector or arterial streets as designated by the City Engineer.
(b) Facilities are not permitted adjacent to residentially zoned property unless an applicant demonstrates, by providing a study prepared by a radio or electrical engineer, that the proposed location is necessary to reasonably meet the coverage and capacity needs of its system and no other location is feasible in a non-residential area.
(2) Height.
(a) Maximum height, including attachments other than lightning rods, is restricted based on the land use designation of property adjacent to the proposed facility:
Adjacent Land Use Designation | Maximum Height |
All residential, including R-A | 60 feet |
Industrial | 75 feet |
Office, commercial, business | 60 feet |
All other zones | 60 feet |
(b) The Council may waive height restrictions for facilities wholly or partially for essential public services, such as public safety.
(3) Width. The support structure or tower, including ancillary equipment or supports such as guy wires or secondary stabilizers, cannot exceed the width of the closest public utility pole by more than 50%, but in no case may it exceed 18 inches in diameter.
(4) Horizontal projection. Antennas may not project out from a support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than two feet.
(5) Vertical projection. Antennas mounted on an antenna support structure may not extend more than ten feet above the structure to which they are attached.
(6) Facility separation. Telecommunication facilities must be separated by at least 330 feet.
(7) Ground-mounted accessory equipment.
(a) Equipment will be allowed only if it will not adversely impact public health, safety or welfare of the community. In determining compliance with this standard, the city many consider whether the equipment will disrupt vehicle traffic or pedestrian circulation, and/or whether the equipment location and screening minimizes impact on adjacent properties.
(b) Equipment must not exceed the following size limits:
Adjacent Land Use Designation | Maximum Height | Maximum Volume |
Non-residential | 5 feet | 81 cubic feet |
Residential and R-A | 3 feet | 28 cubic feet |
(c) Equipment must meet the follow setbacks requirements:
Minimum Setback | |
Existing or planned edge of roadway pavement | 10 feet |
Existing or planned edge of sidewalk or trail | 3 feet |
Nearest intersection right-of-way line | 50 feet |
Nearest principal residential structure | 50 feet |
(d) Equipment must be screened by vegetative or other screening compatible with the surrounding area, as required by the city.
(8) Color. The support structure or tower must match the materials and colors of the closest public utility structures located within the right-of-way, or as required by the city.
(9) Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety or unless necessary to facilitate service to ground-mounted equipment.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019) Penalty, see § 154.999
§ 154.157 EXCEPTIONS.
(A) This subchapter does not apply to any facility or device that is used for the private enjoyment of those on the premises where it is located.
(B) Examples include amateur radio antennas and antennas receiving television signals for viewing on site.
(C) The facilities or devices are considered accessory uses and are regulated as such in each zoning district.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019)
§ 154.170 GENERALLY.
All signs hereafter erected or maintained, except official, traffic and street signs, shall conform with the provisions of this subchapter and any other ordinances or regulations of the city.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.171 SIGNS IN R-A, R-1, R-2, R-3, R-4 AND R-5 DISTRICTS.
(A) In all classes of residence districts, no sign shall be erected, except the following:
(1) A nameplate sign, or professional nameplate sign, identifying the owner or occupant of a building or dwelling unit; provided, the surface area of the sign does not exceed two square feet. The sign may be placed in any front yard, but in no case may it be placed in any side yard. The sign may be illuminated;
(2) Except for dwelling groups of five or more units, a sign, pertaining to the lease or sale of a building or property, shall not exceed 12 square feet in surface area. The signs may indicate the names and addresses of the buildings, and provide information on lease or sale of the buildings or property. The signs may be placed in any front yard, but in no case may it be placed in any side yard;
(3) Temporary signs advertising a new subdivision or development may be placed in any f front yard; in no case shall the sign be placed in any side yard, nor shall the sign be illuminated. Each subdivision or development shall be allowed the following signs:
(a) One sign not to exceed 96 square feet in surface area, no more than 15 feet in height or less than two feet above the ground;
(b) One sign not to exceed 12 square feet in surface area, no more than 15 feet in height or less than two feet above the ground; and
(c) Directional signs not to exceed two square feet in surface area; provided that, each subdivision shall be limited to one sign per major thoroughfare approach to the subdivision or development. No sign shall be allowed adjacent to minor residential streets.
(4) Temporary signs identifying an engineer, architect, contractor or product engaged in or used in the construction of a building; provided, the signs shall not exceed 96 square feet each in surface area, and are no more than 15 feet in height or less than two feet above ground; and, provided, the signs are removed prior to occupancy of the building. The signs may be placed in any front yard, but in no case may they be placed in any side yard. The signs shall not be illuminated;
(5) One identification sign, not to exceed 48 square feet in area, for the following uses: church; school; hospital; sanitarium; club; library; or similar uses. The signs shall be solely for the purpose of displaying the name of the institution and its activities or services. The sign may be illuminated. The sign may be placed in any front yard, but in no case may it be placed in any side yard;
(6) Directional unilluminated signs not to exceed three square feet in surface area for the following uses: church; school; hospital; sanitarium; club; library; or similar uses; provided that, each shall be limited to one sign per major thoroughfare approach. No sign shall be allowed adjacent to minor residential streets;
(7) One identification sign, for a dwelling group of five to 12 units, not exceeding 24 square feet total surface area and one identification sign, for a dwelling group of 12 or more units, not exceeding 48 square feet in total surface area. Signs may indicate the names and addresses of the buildings, and provide information on lease or sale of the buildings or property signs may be placed in any front yard, but in no case may it be placed in any side yard. Signs may be illuminated;
(8) Directional signs in any parking area necessary for the orderly movement of traffic; provided that, the sign shall not be used as advertising space. The sign may be illuminated; and
(9) One sign not to exceed 48 square feet in area for a small retail grocery or food store which is operating under a conditional use permit in a residence district. Signs may be illuminated.
(B) Billboards shall not be a permitted use in all classes of residence districts.
(C) Rotating and flashing signs, not characterized as an electronic message center (EMC), shall not be a permitted use in all classes of residence districts.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.172 SIGNS IN B-1 DISTRICT.
(A) In B-1, Business Districts, business signs and nameplate signs are permitted subject to the following regulations:
(1) Signs as permitted and regulated in residence districts;
(2) One identification sign, not to exceed 48 square feet in area, for private educational institutions, community centers, rest homes, nursing homes and medical and dental offices. The sign may be illuminated;
(3) A sign for business and professional office building the sign shall not exceed 48 square feet in area or 10% of the wall area upon which it is placed, whichever is greater, and shall display only the name and address of the building, occupant or management. For corner lots, two signs, one facing each street, shall be permitted. The sign may be illuminated; and
(4) Signs, except billboards, may be placed on the roof of a covered walk or marquee of a building; provided, they do not exceed the area maximum set forth for this district. Signs may be hanging below the covered walk or marquee; provided, they are at least eight feet from the walk or ground grade line; and, provided, they do not exceed six square feet in surface area. Signs will be allowed on faces or edges of marquees or awnings; provided, they do not extend beyond the limits of the faces or edges.
(B) Billboards shall not be a permitted use in B-1, Limited Business Districts.
(C) Rotating and flashing signs, not characterized as an electronic message center (EMC), shall not be a permitted use in the B-1, Limited Business Districts.
(D) No sign shall project higher than six feet above the height of the building or 24 feet above average grade at the building line, whichever is greater.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.173 SIGNS IN B-2, B-3 AND B-4 DISTRICTS.
(A) In the B-2, B-3 and B-4, Business Districts, signs are subject to the following regulations.
(1) Front signs, except billboards, on a lot shall not exceed the sum of two square feet per linear foot of lot frontage, or 15% of the building (front) facing area or 75 square feet in area, whichever is the greater; nor shall two or more smaller signs be so arranged and so integrated as to create a surface area in excess of these limitations. The signs may be illuminated.
(2) Rear signs, except billboards, on a lot shall not exceed the sum of two square feet per linear foot of rear lot line or 15% of the building (rear) facing area or 75 square feet in area, whichever is greater; nor shall two or more smaller signs be so arranged and integrated as to create a surface area in excess of these limitations. The signs may be illuminated.
(3) Side signs, except billboards, on a corner lot shall not exceed the sum of one-third of two square feet per linear foot of side lot line, or one-third of 15% of the building (side) facing area, or 25 square feet in area, whichever is greater. The signs may be illuminated.
(4) Signs, except billboards, may be placed on the roof of a covered walk or marquee of a building; provided, they do not exceed the area maximum set forth for this district. Signs may be banging below the covered walk or marquee; provided, they are at least eight feet from the walk or ground grade line, and provided they do not exceed six square feet in surface area. Signs will be allowed on faces or edges of marquees or awnings; provided, they do not extend beyond the limits of the faces or edges.
(5) No billboards shall be erected closer than 800 feet to any existing billboard on the same side of the road except back-to-back. The structure may not contain more than two signs per facing nor exceed 55 feet in total length. No billboard may be erected within 100 feet of an adjoining residential district. The signs may be illuminated.
(B) No sign shall project higher than 15 feet above the height of the building or 55 feet above average grade of the building line, whichever is greater.
(C) Rotating and flashing signs, not characterized as an electronic message center (EMC), shall be permitted in the B-2, B-3 and B-4, Business Districts, by conditional use permit only.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.174 SIGNS IN B-5 AND B-6 DISTRICTS.
In B-5 and B-6, Shopping Center Business Districts, exterior business and nameplate signs are permitted subject to the following regulations.
(A) Shopping centers shall be permitted pylon or ground identification signs as follows.
(1) B-5, Neighborhood Shopping Centers, shall be permitted the signs not to exceed 80 square feet in surface area, 55 feet in height and located on the shopping center property; provided that, each center shall be limited to one sign per major thoroughfare approach to the center. The signs may be illuminated.
(2) B-6, Sub-Regional Shopping Center, shall be permitted the signs not to exceed 200 square feet each in surface area, 55 feet in height and located (in the shopping center property); provided that, each center shall be limited to one sign per major thoroughfare approach to the center. The signs may be illuminated.
(3) Signs shall be limited to flat wall signs which shall not extend more than 18 inches from the face of the buildings. The business signs shall not exceed 20% of the building facing, nor shall two or more smaller signs be so arranged and integrated as to create a surface area in excess of these requirements. The signs may be illuminated.
(B) Advertising signs (billboards) shall not be erected within a developed integrated shopping center property.
(C) Rotating and flashing signs, not characterized as an electronic message center (EMC), shall be permitted in the B-5 and B-6, Shopping Center Business Districts, by conditional use permit only.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.175 SIGNS IN I-1 AND I-2 DISTRICTS.
(A) Within I-1 and I-2, Industrial Districts, signs are permitted subject to the following regulations.
(1) Front signs, except billboards, on a lot shall not exceed the sum of two square feet per linear foot of lot frontage, or 15% of the building (front) facing area or 75 square feet in area, whichever is the greater, nor shall two or more smaller signs be so arranged and so integrated as to create a surface area in excess of these limitations. The signs may be illuminated.
(2) Rear signs, except billboards, on a lot shall not exceed the sum of two square feet per linear foot of rear lot line or 15% of the building (rear) facing area, or 75 square feet in area, whichever is greater; nor shall two or more smaller signs be so arranged and integrated as to create a surface area in excess of these limitations. The signs may be illuminated.
(3) Side signs, except billboards, on a corner lot shall not exceed the sum of one-third of two square feet per linear foot of side lot line, or one-third of 15% of the building (side) whichever is greater. The signs may be illuminated.
(4) Signs, except billboards, may be placed on the roof of a covered walk or marquee of a building; provided, they do not exceed the area maximum set forth for this district. Signs may be hanging below the covered walk or marquee provided they are at least eight feet from the walk or ground grade line; and, provided, they do not exceed six square feet in surface area. Signs will be allowed on faces or edges of marquees or awnings; provided, they do not extend beyond the limits of the faces or edges.
(5) No billboards shall be erected closer than 800 feet to any existing billboard on the same side of the road except back-to-back. The structure may not contain more than two signs per facing, nor exceed 55 feet in total length. No billboard may be erected within 100 feet of an adjoining residential district. The signs may be illuminated.
(B) Rotating and flashing signs, not characterized as an electronic message center (EMC), shall be permitted in the I-1, I-2 and I-3, Industrial Districts, by conditional use permit only.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.176 GENERAL PROVISIONS.
The following regulations shall apply to all signs hereinafter permitted in all districts.
(A) Except as provided in the following regulations, signs shall not be permitted within the public right-of-way or easements; except that, the Council may grant a conditional use permit for a period not to exceed one year to allow advertising on newspaper sale stands and special permits for temporary signs and decorations to be strung across the right-of-way.
(C) Signs painted on a building shall be governed by the square footage limitations specified in the appropriate zoning districts. These shall be repainted when required, to be kept in good condition and shall be repainted, removed or painted out when in the opinion of the Council they are not so maintained.
(D) No sign shall project more than four feet over a public right-of-way, except where located on edge or face of marquees or awnings and except where hanging below a covered walk or marquee in which case the sign may extend to the outer edge of the covered walk or marquee. Any sign projecting over a public right-of-way must be at least eight feet above the walk or ground grade line.
(E) No signs shall project more than 24 inches across a required front or side yard, except as allowed in this section, and except:
(1) In B-2, B-5 and B-6, Business Districts, signs shall not be subject to front yard requirements;
(2) In all classes of residence districts signs may not be located closer than 15 feet of any property line that abuts any of the classes of residence districts;
(3) In an I-1, Planned Industrial District, signs may not be located in any front yard or in any side yard or rear yard that abuts any of the classes of residence districts, and in no instance shall signs be located within 15 feet of a front, side or rear property line; and
(4) In an I-2, General Industrial District, signs may not be located within 15 feet of any property line that abuts any of the classes of residence districts.
(F) No sign shall be placed that resembles any official marker erected by a governmental agency nor shall any sign be erected in a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, nor be confused with any authorized traffic signs, signal or device; or which makes use of the words, stop, look, drive-in, danger or any other word, phrase, symbol or character in a manner as to interfere with, mislead or confuse traffic.
(G) No sign shall be permitted to obstruct any window, door, fire escape stairway or opening intended to provide light, air, ingress or egress for any building or structure.
(H) All non-commercial signs of any size may be posted in any number from 46 days before the state primary in a state general election year until ten days following the state general election.
(I) The owner, lessee or manager of the ground sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which sign is located.
(J) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the sign owner or owner of the property upon which the sign stands upon notice of the Zoning Administrator.
(K) Where a sign is illuminated, the source of light shall not be directed into any part of a residence or into any of the classes of residence districts.
(L) All temporary signs, hereafter erected or maintained, shall conform with the provisions of this section.
(1) Definitions. TEMPORARY SIGNS are those signs which identify a special, unique or limited activity, service, product or sale of limited duration and are those signs that are not affixed to a permanent structure and are removed immediately after the event it is advertising, such as a grand opening, sale, lease or real estate. Includes, but not limited to, banner signs, hanging metal signs freestanding changeable text signs, signs affixed to a vehicle or trailer or any other similar sign as determined by the Zoning Administrator.
(2) Permit required. It is unlawful for any person to place, erect, construct or locate a temporary sign within the city without first obtaining an annual permit for the sign. Failure to obtain a temporary sign permit prior to sign placement shall result in a double permit fee. Permit fee shall be set by the City Council and will be reviewed annually.
(3) Guidelines.
(a) There shall be up to seven sign placements allowed per legal parcel within one calendar year.
(b) An annual temporary sign permit of $50 will be required by the sign owner/operator.
(c) A temporary sign may be erected and maintained for a period of not more than 30 days and shall be removed within three days of the cessation of the activity, service, project or sale.
(d) Signs shall be anchored or temporarily affixed in a manner to prevent being blown away or blown over.
(e) A sign shall not be larger than 40 square feet in gross service area for each exposed face area, nor more than six feet in height above grade.
(f) Temporary signs shall not be permitted in any class of residential district, except real estate signs, for the purpose of leasing or selling the property/building it is placed at and contractor signs placed at the site of an active construction project. For further exceptions, see division (L)(3)(j) below.
(g) A temporary sign is to be located in the front yard of the lot and shall not extend over any property line or be placed within 15 feet of any driveway access to a public street. No temporary sign placed within 100 feet of an area zoned for residential use, described as R-A, R-1, R-2, R-3 and R-4 may have blinking, flashing, rotating or fluttering lights or other illuminating device that has a change in intensity, brightness or color.
(h) A temporary sign shall not be placed on or affixed to a vehicle or trailer which is parked on a public right-of-way or public property or private property, where the sign causes the allowable square footage to be exceeded (zone specific), where the apparent sole purpose is to advertise a product or direct people to a business or activity located on the same or any other property.
(i) The city must grant permission (no permit required) to install any banner (unless the banner is to be installed for less than 24 hours). Banners may not be installed on a property if the banner causes other allowable square footage of signage to be exceeded (zone specific). Banners are allowed to be installed on a property for a maximum of two weeks and must be removed within three days of cessation of the event. The banner must be placed on private property with the property owner’s consent.
(j) If the city has determined that a temporary sign is for a community-wide event, a non-profit event, or a business use conditionally allowed in a residential zone, a temporary sign that has been issued a permit may be placed for a maximum of two weeks and must be removed within three days of cessation of the event. The sign must be placed on private property with the property owner’s consent. Temporary signs, having been issued a permit, advertising a community-wide event or sponsored by a non-profit agency may be located in the Van Dyk and Triangle Parks. No more than two signs will be permitted at either park at any one time. The temporary signs may be located for a maximum of 14 days and must be removed with three days of cessation of event, permission required.
(k) No temporary sign may be placed upon or project into the public right-of-way, except by permission from the city (no permit is required) sandwich type or sidewalk signs may be placed in front of a business located in a B-3 (General Business District). Placement must be at least six feet out from the building where the advertised event is occurring. Size may not exceed six square feet per side. Signs must be temporarily affixed or anchored in a manner to prevent them from blown away or blown over. Signs must be brought into the place of business at the close of the business day.
(l) All temporary signs must be kept in good repair and in a proper state of maintenance, including, but not limited to, replacing lamps, replacing or repairing the sign face, replacing the trim and the like. If the city determines a sign is in significant need of repair, the city may after 30 day of written notification, revoke the annual permit of that sign until it is repaired.
(m) Signs which have been placed within any portion of any right-of-way may be confiscated after a five business day written notification by any city employee or agent under the direction of the city’s Zoning Administrator. Signs may be recovered by the owner upon payment of a fine (double permit fee as set by the City Council). Except: a conditional use permit request may be made if extenuating circumstances exist and the issue is referred to the Planning Commission for review. Circumstances may include extra wide right-of-way, blockage of view of sign, blockage of view of all types of traffic and construction obstructions. Concerns about approval may include utility interference, safety hazards, health hazards and obstruction of traffic views. Conditions would include that the permit is not permanent and the sign will be removed upon 30-day notice.
(M) Building and zoning staff shall approve a permit for an electronic message center sign if all applicable regulations pertaining to the sign on which they are placed are satisfied, including but not limited to placement, anchoring, location and height. Additionally, building and zoning staff shall ensure that the following limitations are met.
(1) Electronic message center signs shall be permitted in non-residential zoning districts subject to the following limitations.
(a) Electronic message center signs may be located within 400 feet of any residential zoning district, by conditional use permit only.
(b) One electronic message center sign shall be permitted per property.
(c) Electronic message centers shall display their messages for at least six seconds at a time. The messages may display animation and frame effects, so long as flashing, blinking and strobing are not utilized.
(d) The use of flashing, blinking and strobing shall be specifically prohibited on all electronic message center signs.
(e) The permit fee for staff review shall be established by the City Council.
(2) Multiple electronic message center signs on a single property may be permitted by obtaining a conditional use permit (CUP) through the city’s Planning Commission.
(3) Electronic message center signs may be located within 400 feet of or within a residential zoning district only upon approval of a conditional use permit (CUP) issued by the city’s Planning Commission, subject to the following:
(a) The applicant demonstrates that the impact of adjacent residential properties will be minimal in nature;
(b) The applicant agrees to turn off the electronic message center sign between the hours of 11:00 p.m. and 6:00 a.m. unless the applicant can demonstrate that the sign in question will not be visible from any residentially-zoned property; and
(c) The Planning Commission may require additional restrictions on the usage of the sign so as to minimize potential impacts on adjacent residential properties.
(4) All electronic message center signs, regardless of the zoning district in which they are placed shall come equipped with automatic dimming technology that automatically adjusts the sign’s brightness in direct correlation with ambient light conditions.
(5) No electronic message center sign shall exceed a brightness level of 0.3 footcandle above ambient light as measured using a foot candle meter at a preset distance depending on sign size. Measuring distance is calculated using the following: the square root of the product of the sign area and 100. Example using a 12-square-foot sign:
v(12x100) = 34.6 feet measuring distance
(6) The use of traffic signal and/or emergency vehicle signal colors may be proscribed on an electronic message center if land use, road proximity or terrain consideration indicate a potential problem.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.177 LICENSES AND PERMIT FEES.
(A) The owner or other persons having control of any sign defined in this subchapter, except residential, professional and institutional nameplate, signs described in § 154.176(H) of this chapter, and signs not exceeding three square feet in surface area shall file an application for a permit for the erection and maintenance of the sign. Application for permits shall be accompanied by detailed plans and other information to determine the location and compliance with all applicable regulations, and a permit shall be issued upon payment of the required permit fee. Permit fees shall be adopted by resolution of the Council and may be amended from time to time in the same manner; provided, however, that, a schedule of fees, together with the effective date thereof, shall be kept on file in the office of the City Administrator and available for distribution upon request therefor. The fees shall be uniformly enforced upon the adoption or amendment.
(B) Every sign which requires a permit shall have displayed thereon a strip showing the name of the permit holder and the number of permit granted for the sign, with letter of two-inch minimum height with a three-eights-inch stroke.
(C) No person shall erect or place any sign for which a permit is required or place any banner or sign over or across a street right-of-way without first having obtained a license so to do from the Council.
(2002 Code, § 7.40) (Ord. 324, effective 11-20-1965; Ord. 106, Second Series, effective 3-15-1977; Ord. 156, Second Series, effective 1-1-1979; Ord. 9, Third Series, effective 7-15-1979; Ord. 123, Sixth Series, effective 8-26-2010; Ord. 146, Sixth Series, effective 5-25-2013; Ord. 150, Sixth Series, effective 7-20-2013; Ord. 14, Seventh Series, effective 9-20-2014) Penalty, see § 154.999
§ 154.190 MINIMUM SIZE REGULATIONS.
(A) Each space shall contain a minimum area of not less than 300 square feet, including access drives, a width of not less than eight and one-half feet, and a depth of not less than 20 feet.
(B) Each space shall be adequately served by access drives.
(C) All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.191 REDUCTION AND USE OF PARKING AND LOADING SPACE.
Off-street parking facilities existing at the effective date of this subchapter shall not subsequently be reduced to an amount less than that required under this subchapter for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this subchapter shall not subsequently be reduced below the requirements of this subchapter. The required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.192 COMPUTING REQUIREMENTS.
In computing the number of the parking spaces required, the following rules shall govern.
(A) FLOOR SPACE shall mean the gross floor area of the specific use.
(B) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(C) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Commission.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991)
§ 154.193 YARDS.
Off-street parking and loading facilities shall be subject to the front yard, side yard and rear yard regulations for the use district in which the parking is located; except that:
(A) In a B-1, Limited Business District, parking or loading space shall be located not less than ten feet from any property line;
(B) In a B-2, Service Business District, parking or loading space shall be located not less than ten feet from any property line;
(C) In a B-3 or B-4, Business District, parking or loading space shall be located not less than ten feet from any property line that abuts or is across the street from any of the classes of residence districts;
(D) In a B-5, Neighborhood Shopping Center, parking or loading space shall be located not less than ten feet from any property line;
(E) In a B-6, Sub-Regional Shopping Center, parking or loading space shall be located not less than 20 feet from any property line;
(F) In an I-1, Planned Industrial District, no parking, loading space or sign shall be located in any front yard or in any side yard or rear yard that abuts any of the classes of residence districts, and in no instance shall parking or loading space be located within ten feet of a side or rear property line, except for railroad loading areas;
(G) In an I-2, General Industrial District, and I-3, Planned Industrial District, parking or loading space shall be located not less than ten feet from any property line that abuts any of the classes of residence districts, except for railroad loading areas; and
(H) In an R-1, R-2, R-3 or R-4 Zone, off-street parking areas for one- or two-family residences shall be in the rear, side yards, garage, carport, upon a well-defined driveway or in an area not to exceed 12 feet in width abutting the driveway on one side only in the front yard. The parking area designated in the front yard abutting the driveway shall not be less than three feet from the side lot line, and shall be surfaced with either concrete, asphalt or gravel.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991)
§ 154.194 BUFFER FENCES AND PLANTING SCREENS.
Off-street parking and loading areas near or adjoining residence districts shall be screened by a buffer fence of adequate design or a planting buffer screen; plans of the screen or fence shall be submitted for approval as a part of the required site or plot plan and the fence or landscaping shall be installed as a part of the initial construction.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.195 ACCESS.
(A) Parking and loading space shall have proper access from a public right-of-way.
(B) The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard.
(C) In B-1, B-2 and B-3, Business Districts, direct access shall be provided to a thoroughfare as shown on the adopted city thoroughfare plan or to a related service road.
(D) Vehicular access to business or industrial uses across property in R-A, R-1, R-2, R-3, R-4 and R-5, Residence Districts, shall be prohibited.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.196 LOCATION OF PARKING FACILITIES.
(A) Required off-street parking space shall be provided on the same lot as the principal building or use, except as otherwise provided by this subchapter.
(B) Except that, off-street parking may be provided on adjacent lots or lots directly across the street from the principal building or use.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.197 COMBINED FACILITIES.
Combined or joint parking facilities may be provided for one or more buildings or uses in R-3, R-4 and R-5, Residence Districts, in B-1, B-2 and B-3, Business Districts, and in I-1 and I-2, Industrial Districts; provided that, the total number of spaces shall equal the sum of the requirements for each building or use.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.198 EXEMPTIONS FROM PARKING REGULATIONS.
(A) In any commercial or industrial district, establishments which pay or have paid an assessment for the provisions of off-street city parking lots shall be exempt from the provisions of this subchapter which refer to off-street parking.
(B) Due to the fact that municipal off-street parking is provided to serve the following described area, this area shall be exempt from the provisions of this subchapter which refer to off-street parking: the area bounded by Cavour Avenue on the north; Whitford and Friberg Avenues on the east; Washington Avenue on the south; and Vine Street on the west.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991)
§ 154.199 CONSTRUCTION AND MAINTENANCE.
(A) All parking areas and access drives, except those used for one- or two-family dwellings shall be surfaced with concrete or bituminous in conformance with the specifications of the city in all cases where the streets abutting the property are paved with bituminous or concrete. Gravel surface parking lots will be permitted in an I-3, Planned Industrial District, or where the only access is from a graveled street or alley. However, when the streets or alleys are subsequently paved, the lots and access drives in the abutting property shall also be paved accordingly.
(B) The owner of the principal building or property shall keep required parking, loading areas and driveways neat and accessible at all times, including the removal of snow and sanding of icy surfaces. When failure to comply with the above creates on-street parking problems, the city may cause to be removed from all required parking, loading areas and driveways, beginning 24 hours after snow has ceased to fall, all snow and sand, all ice which may be discovered thereon, and it shall keep a record of the cost of removal and the private property on which the accumulations were found and removed. The City Administrator shall, upon direction of the Council, extend the cost of removal or sanding as a special assessment against the lots or parcels which were cleared, and special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected. The City Administrator shall, in the alternative, upon direction of the Council, bring civil suit in a court of competent jurisdiction to recover from the persons owning the lots or parcels which were cleared the cost of clearing and the costs and disbursements of a civil action therefor.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.200 LIGHTING.
Lighting shall be reflected away from the public right-of-way and nearby or adjacent residence districts.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.201 REQUIRED SITE PLAN.
Any application for a building permit or for a certificate of occupancy shall include a site plan or plot plan drawn to scale and dimensioned showing off-street parking and loading spaces to be provided in compliance with this chapter.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991)
§ 154.202 APPLICATION OF PARKING AND LOADING REGULATIONS.
Off-street parking and loading regulations shall apply to all buildings and uses of land established after the effective date of this chapter.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991)
§ 154.203 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.
(A) Off-street parking areas of sufficient size to provide parking for residents, customers, suppliers, visitors and employees shall be provided on the premises of each use. All required parking areas shall be maintained as provided in § 154.199(B) of this chapter.
(B) The minimum number of required off-street parking spaces for the following uses shall be as follows.
(1) Single-family dwelling shall have two parking spaces. No garage shall be converted into living space unless other acceptable off-street parking space is provided.
(2) Two-family dwelling shall have two parking spaces for each family or dwelling unit.
(3) Multiple dwelling and planned unit developments.
(a) There shall be provided on the site occupied by multiple dwellings or multiple dwelling planned unit developments at least one and one-half parking spaces for each dwelling unit.
(b) There shall be provided on the site occupied by townhouses at least two parking spaces for each dwelling unit.
(c) There shall be provided on the site occupied by dormitories at least one parking space for each one and one-half persons for whom accommodations are offered.
(d) There shall be provided on the site occupied by elderly tenant multiple housing project at least three-fourths parking spaces for each dwelling unit.
(4) Boarding and lodging houses or dormitories shall have one and one-half parking spaces for each rental room.
(5) Convalescent or nursing homes shall have one parking space for each four beds, plus one parking space for each employee on the major shift.
(6) Public park and recreation areas shall have five parking spaces for each acre of park, playground or playfield.
(7) Hospitals shall have one parking space for each two hospital beds, plus one parking space for each employee on the major shift.
(8) Churches shall have one parking space for each four seats based on the design capacity of the main seating area.
(9) Public senior high schools or private high schools shall have one and one-half parking spaces for each classroom, plus one and one-half parking spaces for each ten students based upon design capacity.
(10) Public elementary, junior high schools or similar private schools shall have two parking spaces for each classroom.
(11) Municipal administration buildings, community centers, public libraries, museums, art galleries, post offices and other municipal service buildings shall have ten parking spaces, plus one parking space for each 500 square feet of floor area in the principal structure.
(12) Golf courses, golf clubhouses, country clubs, swimming pools, tennis clubs and public swimming pools shall have 20 spaces, plus one space for each 500 square feet of floor area in the principal structure.
(13) Professional offices, medical and dental clinics and animal hospitals shall have one parking space for each employee on a shift, plus one parking space for each 300 square feet of floor area.
(14) Office buildings shall have ten parking spaces, plus one parking space for each 300 square feet of floor area over 1,000 square feet of floor area.
(15) Shopping centers and where several business uses are grouped together according to a general development plan, off-street parking shall be provided in the ratio of one parking space per 300 square feet of gross floor area.
(16) Automobile service stations shall have four parking spaces, plus two parking spaces for each service stall. Parking spaces shall be in addition to parking space required for gas pump areas.
(17) (a) Auto sales, trailer sales, marine and boat sales, implement sales, garden supply stores, building materials sales and auto repair shall have one parking space for each 750 square feet of gross floor area over 1,000 square feet; except, in all cases, there shall be a minimum of ten parking spaces provided.
(b) Off-street parking shall be in addition to any outside display or storage areas provided.
(18) Bowling alleys shall have five parking spaces for each bowling lane.
(19) Drive-in restaurants shall have 20 parking spaces or one space for each 20 square feet of floor area, whichever is greater.
(20) Hotels or motor hotels shall have one parking space for each rental room or suite.
(21) Miniature golf courses, archery ranges or golf driving ranges shall have one parking space for each employee, plus one parking space for each acre encompassed by the facility with a minimum of ten spaces to be provided.
(22) Assembly or exhibition halls, auditoriums, theaters or sports arenas shall have one parking space for each four seats based on design capacity.
(23) Restaurants, cafés, nightclubs, taverns or bars shall have one parking space for each 100 square feet of floor area.
(24) Skating rinks or dance halls shall have one parking space for each 200 square feet of floor area.
(25) Retail stores shall have one parking space per employee, plus one parking space per 300 square feet of gross floor area.
(26) Research, experimental or testing stations shall have one off-street parking space for each employee on the major shift or one off-street parking space for each 500 square feet of gross floor area within the building, whichever is the greater.
(27) Whole business establishments shall have one off-street parking space for each employee on the major shift or one parking space for each 2,000 square feet of gross floor area, whichever is greater, plus one off-street parking space for each company motor vehicle when customarily kept on the premises. The off-street parking shall be in addition to any outside loading space provided.
(28) Storage or warehouse establishments shall have one off-street parking space for each employee on the major shift, plus one space for each 2,000 square feet of floor area. Off-street parking shall be in addition to any outside loading space provided.
(29) Manufacturing or processing plants shall have one off-street parking space per employee on a major shift, plus ten off-street parking spaces for public use, plus one off-street parking space for each company motor vehicle when customarily kept on the premises.
(30) Service business establishments shall have one off-street parking space per employee, plus one parking space per 300 square feet of gross floor area.
(31) Flea markets shall have one parking space for each 100 square feet of selling area.
(32) Commercial recreation area shall have one parking space for each four seats based on the design capacity of the main seating area.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.204 REQUIRED LOADING AREAS.
Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirements of each use. The loading and unloading areas required shall be in addition to the parking spaces required under § 154.203 of this chapter for each use.
(2002 Code, § 7.41) (Ord. 324, effective 11-20-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 181, Third Series, effective 1-15-1989; Ord. 30, Third Series, effective 5-15-1991) Penalty, see § 154.999
§ 154.215 TITLE AND REFERENCE.
(A) This subchapter shall be known as the “Subdivision Regulations of the City of Fergus Falls”.
(B) References in those sections to this subchapter, unless the context clearly indicates contrary intent, shall be to the subject of subdividing.
(2002 Code, § 7.70) (Ord. 117, Third Series, effective 4-10-1985)
§ 154.216 PURPOSE.
(A) (1) In order to safeguard the best interests of the city and to assist the subdivider in harmonizing his or her interests with those of the city at large, this subchapter is adopted.
(2) Because each new subdivision becomes a permanent unit in the basic structure of the expanding community, and to which the community will be forced to adhere, and because piecemeal planning of subdivisions will bring on undesirable disconnected patchwork of pattern and poor circulation of traffic unless its design and arrangement is correlated to a Comprehensive Plan of the city aiming at a unified scheme of community interests, all subdivisions of land hereafter submitted for approval to the Planning Commission shall, in all respects, fully comply with the regulations hereinafter set forth in this subchapter.
(B) It is the purpose of this subchapter to make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in M.S. Ch. 429, 471 and 505, and M.S. § 462.358, as they may be amended from time to time, which regulations the Council deems necessary for health, safety and the general welfare.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985)
§ 154.217 JURISDICTION.
No conveyance of land described by metes and bounds or by reference to an unapproved registered land survey made after 4-21-1961, or to an unapproved plat made after 12-11-1965 shall be filed or recorded unless the land:
(A) Was a separate parcel of record on 12-11-1965;
(B) Was the subject of a written agreement to convey entered into prior to 12-11-1965;
(C) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on 1-1-1966; or
(D) If a single parcel of land of not less than 50 acres and having a width of not less than 300 feet, and its conveyance does not result in the division of land into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width. Building permits shall not be issued for buildings on tracts which have been subdivided and conveyed in violation of this section, and the city may refuse to take over or improve tracts as streets or roads therein, or refuse to repair or maintain the tracts.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985) Penalty, see § 154.999
§ 154.218 APPLICATION.
(A) Any plat, hereafter made, for each subdivision or each part thereof lying within the jurisdiction of this chapter shall be prepared, presented for approval and recorded as herein prescribed.
(B) The regulations contained herein shall apply to the subdivision of a previously unplatted lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or building development, whether immediate or future. The resubdivision or replatting of land or lots for the purpose of changing previously established lot lines is required if the proposed changes either affect the boundaries of more than six lots, affect any public right-of-way, or is recommended by the City Engineer in conjunction with the Planning Commission.
(C) Division of tracts larger than two and one-half acres in area and 150 feet in width shall be exempt from the requirements of this chapter where no new street is involved.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985)
§ 154.219 APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS.
Before any plat be recorded or be of any validity, it shall have been approved by the Planning Commission and by the Council, as having fulfilled the requirements of this subchapter.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985)
§ 154.220 LAND SUITABILITY.
No land shall be subdivided which is held unsuitable by the Council for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985) Penalty, see § 154.999
§ 154.221 HOLDING AND DRAINAGE WAYS.
Where it is deemed necessary or desirable, and upon recommendation of the City Engineer and Planning Commission, the Council may require the subdivider to dedicate to the public portions of land proposed to be subdivided for the purpose of storm water holding areas, ponds and drainage ways.
(2002 Code, § 7.71) (Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985)
§ 154.222 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. The public right-of-way which affords a secondary means of access to abutting property.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.
BUILDING PERMIT. The building permit required under the Building Code of the city.
COMPREHENSIVE PLAN. The group of maps, charts and texts that make up the comprehensive guide plan of the city.
DESIGN STANDARDS. The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of the items as right-of-way, blocks, easements and lots.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, TV and FM transmission lines, storm sewer or storm drainage ways and gas lines.
EASEMENT, SLOPE. A grant by a property owner for the use of a strip of land for the purpose of constructing a slope or grade transition from the existing property grade to a new street grade.
FINAL PLAT. A drawing or map of a subdivision, meeting all the requirements of the city and in a form as required by the county for purposes of recording.
INTERSECTION, STREET. The point of crossing of two or more streets.
OWNER. The plural as well as the singular, and where appropriate shall include a natural person, partnership, firm, association, public or quasi-public corporation, private corporation or a combination of any of them.
PARKS AND PLAYGROUNDS. Public lands and open spaces in the city dedicated or reserved for recreation purposes.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access, to be used by pedestrians and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE. On street centerline means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.
PLANNING COMMISSION. The Planning Commission of the city.
PLOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
PRELIMINARY PLAT. A tentative drawing or map of a proposed subdivision meeting requirements herein enumerated.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given areas.
STREET WIDTH. The shortest distance between lines of lots delineating the street right-of-way.
STREETS OR THOROUGHFARES (PRIMARY AND SECONDARY). Arterial streets which are used primarily for heavy traffic, and serving as an arterial trafficway between the various districts of the community, as shown on the Comprehensive Plan.
(1) COLLECTOR STREET. Those that carry traffic from minor streets to the major system of thoroughfares and highways, including the principal entrance streets of residential districts, as shown on the Comprehensive Plan.
(2) CUL-DE-SAC STREET. A minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(3) MARGINAL ACCESS STREET. Minor streets which are parallel and adjacent to thoroughfares and highways; and which provide access to abutting properties and protection from through traffic.
(4) MINOR STREET. Those which are used primarily for access to abutting properties.
(5) PRIVATE STREET. A private right-of-way affording access by pedestrians and vehicles which is under individual rather than municipal control.
SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term includes “resubdivision” and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided.
TANGENT. A straight line which is perpendicular to the radius of a curve where a tangent meets a curve.
TRACT. A parcel of land intended for division or development of a subdivision.
USGS DATUM. United States Geodetic Survey Datum.
VERTICAL CURVE. The surface curvature on a street centerline located between lines of different percentage of grade.
(2002 Code, § 7.72) (Ord. 325, effective 12-11-1965)
§ 154.223 PRELIMINARY PLAT; PROCEDURE.
(A) Preliminary plat. Before dividing any tract of land into two or more lots or parcels, the following procedure shall be followed.
(1) Submittal to the Planning Commission.
(a) A preliminary plat shall be submitted to the City Engineer at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall accept the application for a preliminary plat only if within ten days after it is presented for acceptance, the Engineer determines that the preliminary plat meets the requirements of § 154.224 of this chapter; otherwise, the City Engineer shall not accept the preliminary plat and shall return it to the applicant. When shoreland is affected, the preliminary plat shall also be submitted to the Commissioner of the state’s Department of Natural Resources at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon setting out whether or not the plat meets the requirements of state law, the code and the comprehensive guide plan. He or she shall present the report, together with his or her recommendations thereon, to the next meeting of the Commission following its filing with him or her as hereinabove set out.
(b) The Planning Commission shall consider the plat at the meeting at which it is submitted, and may consider the same at special or adjourned meetings as it shall determine are necessary. Prior to final consideration of the preliminary plat, the Planning Commission shall hold at least one public hearing thereon. Where applications for both a preliminary plat approval and a zoning district change, involving the same land, are pending at the same time, the issues may, at the option of the Planning Commission, be combined and heard at the same time.
(c) The Planning Commission shall have the authority to recommend approval or disapproval of the preliminary plat, to approve it with conditions attached and to disapprove it until and unless certain conditions are first complied with.
(d) Upon the making of its determination, the Planning Commission shall embrace the same within a motion, which shall include all conditions it requires for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the Council, together with the plat if it is approved, conditionally or otherwise.
(2) Submittal to the Council. The City Council shall either approve or deny an application for a preliminary plat within 120 days after the completed application is filed, unless the applicant agrees to an extension of this time. The failure of a vote to decide an appeal or approve an application shall not be deemed to be a denial of the application. A motion to deny the application must be adopted. The facts upon which the decision is based and the reasons for the decision shall be stated in writing at the time of the decision.
(a) Upon the adoption of the motion hereinabove provided by the Planning Commission, the plat shall come before the Council for review. Within ten days from approval of the preliminary plat by the Council, a copy of the preliminary plat will be forwarded to the Commissioner of Natural Resources.
(b) The Council may hold public hearings on the plat as it shall in, its discretion, determine, and upon the notice as it shall provide, as provided by M.S. § 462.358, subd. 3b, as it may be amended from time to time. Notice of the public hearing shall be published at least ten days prior to the hearing.
(c) The Council shall have authority to approve, disapprove, modify and amend the motion of the Planning Commission, and it may refer the same to the Planning Commission for further study. A referral to the Planning Commission shall not be deemed a final action thereon by the Council, and the Planning Commission shall report back thereon no later than 45 days following the Council meeting which it was referred.
(d) Upon final decision by the Council, it shall embrace its decision in a motion; provided, however, it may adopt the motion of the Planning Commission by reference.
(e) Upon decision by the Council, the City Administrator shall transmit a copy of the motion, or notice of adoption without change, to the subdivider.
(f) The approval of the preliminary plat shall not constitute an acceptance of the subdivision, but it shall be deemed to be an authorization to proceed with the preparation of the final plat.
(g) The approval of the preliminary plat by the Council shall be effective for a period of one year from the date of approval by the Council.
(h) The subdivider may file a final plat limited to the portion of the preliminary plat which he or she proposes to record and develop at the time; provided that, the portion must conform to all requirements of this chapter. If some portion, or all, of the final plat has not been submitted to the Planning Commission for approval within the time hereinabove provided, a preliminary plat must again be submitted to the Planning Commission and the Council for approval, unless the Commission and the Council shall waive this requirement.
(B) Approval of preliminary and final plat simultaneously. Where the developer has submitted all data required for both the preliminary and final plat, the Planning Commission, following a public hearing on the plat, may recommend to the Council approval of both the preliminary and final plat simultaneously. Upon the recommendation, the Council may follow the above procedure as when a final plat is submitted to it.
(2002 Code, § 7.73) (Ord. 325, effective 12-11-1965; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985; Ord. 25, Fourth Series, effective 12-15-1991)
§ 154.224 PRELIMINARY PLAT; DATA REQUIRED.
(A) Filing. The owner or subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. Three copies of a preliminary plat of any proposed subdivision shall be filed with the City Engineer. Every preliminary plat shall contain the required data set forth in this section.
(B) Identification and description. The following data regarding identification and description of the preliminary plat shall be provided:
(1) Proposed name of subdivision, which name shall not duplicate the name of any plat heretofore recorded in the county, of which the proposed subdivision or plat is a part, shall be described;
(2) Location by section, township and range or by other legal description;
(3) Names and addresses of the owner and subdivider having control of the lands included in the preliminary plat, the designer of the plat and the surveyor;
(4) Graphic scale, not less than one inch to 100 feet;
(5) North point; and
(6) Date of preparation.
(C) Existing conditions. The following data regarding existing conditions shall be provided:
(1) Boundary line survey, including measured distances and angles, which shall close by latitude and departure with an error of closure not exceeding one foot in 7,500 feet;
(2) Total acreage in the preliminary plat computed to a tenth of an acre;
(3) Location and names of existing or platted streets or other public ways, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of 100 feet beyond the tract;
(4) If the proposed subdivision is a re-arrangement or a replat of any former plat, the lot and block arrangement of the original plat along with its original names shall be indicated by dotted or dashed lines. Also, any revised or vacated roadways of the original plat shall be so indicated;
(5) Location and size of existing paved streets, railroads, sewers, water mains, gravel pits, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Also data as grades, invert elevations and location of catch-basins, manholes and hydrants;
(6) Boundary lines of adjoining platted or unplatted land within 100 feet of the tract; and
(7) Complete topographic map with contour intervals not greater than two feet, watercourses, marshes, rock outcrops and other significant features; all superimposed on at least one print of preliminary plat. United States Geodetic Survey datum shall be used for all topographic mapping. High water elevation and date thereof if parts of plat are wet or have been wet. In the case of a subdivision where no new street is involved, the required topographic map may be waived if it is deemed unnecessary by the City Engineer and the Planning Commission.
(D) Proposed development features. The following data regarding proposed development design features of the preliminary plat shall be provided:
(1) Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street similar to or heretofore used in the city shall not be permitted unless the proposed street is an extension of an already named street in which event the name shall be used. All street names shall be subject to the approval of the Planning Commission;
(2) Locations and widths of alleys, pedestrian ways and utility easements;
(3) Proposed centerline grades of all new streets and alleys, if any, and a complete set of profiles showing both existing and proposed grade lines;
(4) Location, size and approximate gradient of sewer lines;
(5) Layout, numbers and approximate dimensions of lots and the number of letters of each block;
(6) Location and size of proposed parks, playgrounds, churches or school sites or other special uses of land to be considered for dedication to public use, or to be reserved by deed of covenant for the use of all property owners in the subdivision and any conditions of the dedication or reservation;
(7) Vicinity sketch, at a legible scale, to show the relation of the plat to its surroundings and surrounding zoning districts; and
(8) Upon request of the City Engineer, a drainage plan showing the location and capacity of all proposed storm sewers, ditches and holding areas.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 117, Third Series, effective 4-10-1985; Ord. 25, Fourth Series, effective 12-15-1991)
§ 154.225 FINAL PLAT; PROCEDURE.
After the preliminary plat has been approved, and the subdivider determines to proceed to secure approval of all or a part thereof as a final plat, the final plat shall be submitted as follows.
(A) Submittal to Planning Commission.
(1) The final plat shall be submitted to the City Engineer at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon setting out whether or not the final plat is in substantial agreement with the preliminary plat and, if not, in which particulars it varies therefrom, and whether or not it conforms to the requirements of state law and the city’s ordinances and that the final plat meets all the conditions attached to the final approval of the preliminary plat.
(2) The Planning Commission shall consider the final plat at the meeting at which it is submitted, and may consider it at a special or adjourned meetings as it shall determine are necessary.
(3) The Planning Commission shall have the authority to recommend approval or disapproval of the final plat. If it shall determine that it cannot approve it unless certain conditions are attached, it shall by motion set forth the conditions for approval and forthwith send a copy of the conditions to the subdivider, and all further action on the plat shall be suspended until the subdivider shall respond thereto; provided that, if no further action is taken by the subdivider within a period of three months from the date of the adoption of the conditions, the plat shall be deemed to be disapproved.
(4) Final action by motion on the final plat shall be communicated forthwith to the subdivider by the Secretary of the Planning Commission, and a copy of the motion shall be sent to the Council, together with the plat, and other data as the Commission shall determine.
(5) If the Planning Commission approves the final plat, the Chairperson and Secretary shall sign the same.
(B) Submittal to the Council.
(1) Upon the adoption of the motion of approval or disapproval by the Planning Commission, the final plat shall come before the Council for review. The City Council shall either approve or deny an application for a final plat within 60 days after the completed application is filed, unless the applicant agrees to a longer time. The failure of a vote to decide an appeal or approve an application shall not be deemed to be a denial of the application. A motion to deny the application must be adopted. The facts upon which the decision is based and the reasons for the decision shall be stated in writing at the time of the decision.
(2) The Council shall have the authority to hold hearings on the final plat as it shall determine, and upon the notice as it shall provide.
(3) If the Council is not satisfied with the final plat as presented, it may:
(a) Disapprove the same;
(b) Set forth conditions and requirements as it shall require to be fulfilled before the same is approved; or
(c) Refer the same to the Planning Commission for further action as it shall determine. Upon the referral, the Planning Commission shall act thereon at the next meeting and report back to the Council no later than 45 days after the action of the Council.
(4) If the Council shall determine to accept the plat, it shall by resolution so determine, and the resolution shall provide for the acceptance of all streets, alleys, easements or other public ways, parks and other spaces dedicated to public purposes.
(5) The action of the Council finally determining the matter shall be communicated by the City Administrator to the subdivider and, if the plat be disapproved, the City Administrator shall set forth the reasons given by the Council for the determination.
(2002 Code, § 7.75) (Ord. 325, effective 12-11-1965)
§ 154.226 FINAL PLAT; DATA REQUIRED.
(A) Filing. The owner or subdivider shall submit a final plat, together with any necessary supplementary information. The original and four copies of the final plat, which dimensions shall be 24 inches by 30 inches, shall be submitted. One of the four copies shall be on reproducible medium and will be retained by the City Engineer.
(B) Information. The final plat shall contain the following:
(1) Preparation. The final plat prepared for recording purposes shall be prepared in accordance with provisions of state statutes and applicable city and county regulations;
(2) Name of subdivision. Names shall not duplicate or too closely approximate the name of any existing subdivision. Below the proposed name of any subdivision, the name and that portion of any existing plat or subdivision heretofore recorded in the county, of which the proposed subdivision or plat is a part, shall be described;
(3) Location. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final plat shall be one foot in 7,500 feet;
(4) Location of monuments. Locations of the monuments shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to the reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency on street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, half an inch or larger in diameter extending at least three feet below the finished grade. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact location of all markers shall be shown on the final plat, together with accurate interior angles, bearings and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter;
(5) Streets, public highways and the like. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be given. Dimensions shall be shown from all angle points and points of curve to lot lines;
(6) Boundary lines. Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use shall be given;
(7) Numbering. Lots shall be numbered clearly. If blocks are to be numbered or lettered, these shall be shown clearly in the center of the block;
(8) Developer’s information. Name and address of developer and surveyor making the plat shall be given;
(9) Scale of plot. Scale of plat (the scale to be shown graphically and in fee per inch), date and north point shall be given; and
(10) Dedications.
(a) Statement dedicating all easements as follows: easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked “utility easements”; and
(b) Statements dedicating all streets, alleys and other public areas not previously dedicated as follows: streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated.
(C) Certifications required on final plats.
(1) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas;
(2) Notarized certification by a registered land surveyor, to the effect that the plat represents a survey made by him or her and that the monuments and markers shown therein exist as located and that all dimension and geodetic details are correct;
(3) Certification showing that all taxes and special assessments on the property have been paid in full; and
(4) Space for certificates of approval to be filled in by the signatures of the Chairperson of the Planning Commission, the Mayor, City Administrator and City Engineer.
(a) The form of approval of the Planning Commission is as follows:
Approved by the Planning Commission of the City of Fergus Falls this day of , . Signed: Chairperson Attest: Secretary |
(b) The form of approval by the City Council is as follows:
Approved by the City of Fergus Falls, Minnesota, this day of , . Signed: Mayor Attest: City Administrator |
(c) The form of approval by the City Engineer is as follows:
Approved by the City Engineer, City of Fergus Falls, Minnesota, this day of , . Signed: |
(d) The form for approval by county authorities shall be as required.
(D) Supplementary documents and information.
(1) A complete set of street profiles showing grade lines as constructed; and
(2) Copies of any private restrictions affecting the subdivision or any part thereof.
(2002 Code, § 7.76) (Ord. 325, effective 12-11-1965; Ord. 49, Third Series, effective 1-1-1981; Ord. 25, Fourth Series, effective 12-15-1991)
§ 154.227 BLOCKS.
(A) Block length. In general, intersecting streets, determining block lengths, shall be provided at intervals as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions shall normally not exceed 1,000 feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian ways and/or easements through the block may be required. The width and location of pedestrian ways shall be subject to the approval of the City Engineer and the Planning Commission. Blocks for business or industrial use should normally not exceed 600 feet in length.
(B) Block width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of a width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 161, Third Series, effective 12-1-1987; Ord. 25, Fourth Series, effective 12-15-1991)
§ 154.228 STREETS AND ALLEYS.
(A) The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for culs-de-sac, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic to topographic conditions, to run-off storm water, to public convenience and safety and in their appropriate relation to the proposed use of the area to be served.
(B) Minor streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but culs-de-sac will be permitted whereby topography or other conditions justify their use. Culs-de-sac shall normally not be longer than 500 feet, including a terminal turn-around which shall be provided at the closed end, with a right-of-way radius of not less than 50 feet.
(C) Where the plat to be submitted includes only part of the tracts owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
(D) When a tract is subdivided into larger than normal building lots or parcels the lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for the resubdivision.
(E) Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be 80 degrees. Street intersection jogs with an offset of less than 125 feet shall be avoided.
(F) Wherever the proposed subdivision contains or is adjacent to the right-of-way of a limited access U.S. or state highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of the right-of-way, or for a street at a distance suitable for the appropriate use of land between streets and right-of-way. The distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, grade crossings or for lot depths.
(G) Alleys shall be provided in commercial and industrial districts; except that, this requirement may be waived where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. Except where justified by special conditions such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than 16 feet wide for residential alleys and not less than 25 feet for commercial and industrial alleys. Dead-end alleys shall not be permitted.
(H) Dedication of half streets will not be approved, except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided, or where it becomes necessary to acquire the remaining half by condemnation so it may be improved in the public interest.
(1) For all public ways hereafter dedicated and accepted, the minimum right-of-way widths for streets and thoroughfares shall be as shown in the Comprehensive Plan and where not shown therein, the minimum right-of-way width for streets, thoroughfares, alleys or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows:
Rights-of-Way | Minimum Width |
Rights-of-Way | Minimum Width |
Collector street | 75 feet |
Industrial commercial alley | 25 feet |
Marginal access street | 50 feet |
Minor street | 75 feet |
Pedestrian way | 10 feet |
Primary thoroughfare | 100 feet |
Residential alley | 16 feet |
Secondary thoroughfare | 80 feet |
(2) Where existing or anticipated traffic on primary and secondary thoroughfares warrants greater widths of rights-of-way, these shall be required.
(I) (1) The grades in all streets, thoroughfares, collector streets, minor streets and alleys in any subdivision shall not be greater than the maximum grades for each classification as follows:
Rights-of-Way | Maximum Grades |
Alley | 8% |
Collector street | 5% |
Minor street | 8% |
Primary thoroughfare | 4% |
Secondary thoroughfare | 4% |
(2) In addition, there shall be a minimum grade on all streets and thoroughfares of not less than 0.4%.
(J) The horizontal and vertical alignment standards on all streets shall be as follows:
(1) Horizontal radii of centerline:
(a) Major thoroughfare: 500 feet minimum;
(b) Secondary thoroughfare: 500 feet minimum;
(c) Collector street: 400 feet minimum;
(d) Minor street: 150 feet minimum; and
(e) There shall be a tangent between all reversed curves of a length in relation to the radii of the curves so as to provide for a smooth flow of traffic.
(2) Vertical: all changes in street grades shall be connected by vertical parabolic curves of the length as follows:
(a) Primary thoroughfare or secondary thoroughfare: 30 times the algebraic difference in the percent of grade of the two adjacent slopes; and
(b) Collector street or minor street: 20 times the algebraic difference in the percent of grade of the two adjacent slopes.
(K) All proposed streets shall be offered for dedication as public streets. No private streets shall be permitted, except as set forth in other ordinances.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 161, Third Series, effective 12-1-1987; Ord. 25, Fourth Series, effective 12-15-1991) Penalty, see § 154.999
§ 154.229 LOTS.
(A) For lots intended for building sites, the minimum lot area, width and depth shall not be less than that established by the zoning regulations.
(B) Corner lots for residential use shall have additional width to permit appropriate building setback from both streets, as defined in the zoning regulations.
(C) Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.
(D) Double frontage lots shall be avoided, except where lots back on a thoroughfare or other arterial street, or where topographic or other conditions render subdividing otherwise unreasonable. Double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line.
(E) Every lot must have at least the minimum required frontage on a public dedicated street other than an alley.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 161, Third Series, effective 12-1-1987; Ord. 25, Fourth Series, effective 12-15-1991) Penalty, see § 154.999
§ 154.230 BASEMENTS.
(A) An easement for utilities, at least five feet wide, shall be provided along each side of a side line of lots and along any other lot line as may be deemed necessary to form a continuous right-of-way, at least ten feet in width. If necessary for the extension of main water or sewer line or similar utilities, easements of greater width may be required along lot lines or across lots.
(B) Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the Council, by ordinance upon the recommendation of the Planning Commission.
(C) Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines.
(D) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, a storm water easement, drainage right-of-way or park dedication, whichever the Planning Commission may deem the most adequate, conforming substantially with the lines of the watercourses shall be provided, together with further width or construction, or both, as will be adequate for the storm water drainage of the area. The width of the easements shall be determined by the City Engineer.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 161, Third Series, effective 12-1-1987; Ord. 25, Fourth Series, effective 12-15-1991) Penalty, see § 154.999
§ 154.231 PUBLIC SITES AND OPEN SPACES.
In subdividing land or resubdividing an existing plat, due consideration shall be given by the subdivider to the dedication or reservation of suitable sites, for schools, parks, playgrounds, conservation areas or other public or semi-public recreational areas or open spaces. Areas so dedicated or reserved shall conform as nearly as possible to the Comprehensive Plan. All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner the areas will be dedicated to or acquired by the appropriate agency.
(2002 Code, § 7.77) (Ord. 325, effective 12-11-1965; Ord. 47, Second Series, effective 7-1-1974; Ord. 161, Third Series, effective 12-1-1987; Ord. 25, Fourth Series, effective 12-15-1991)
§ 154.232 BASIC IMPROVEMENTS.
(A) General.
(1) Approval.
(a) Before a final plat may be approved by the Council, the owner shall execute and submit to the Council an agreement, which shall be binding on his or her (or their) heirs, personal representatives and assigns, that he or she shall cause no private construction on the land, except with approval of the City Engineer, until all improvements required under this chapter have been petitioned for, arranged for or have been constructed.
(b) No final plat shall be approved by the Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein will meet the minimum requirements of all applicable ordinances.
(c) A certified copy of the plat restrictions shall be filed with the City Administrator and Register of Deeds which shall include a provision that, in all instruments of sale or conveyance given before all street improvements have been made, the consignee shall agree to and approve the improvements and the assessments of their cost.
(2) City financing. Upon recommendation of the Engineer and with the approval of the Council, any or all of the required improvements may be financed and assessed by the city pursuant to M.S. Ch. 429, as it may be amended from time to time. Length of assessment period and rate of interest shall be as determined by the Council.
(3) Financing by developer. If deemed advisable and to be in the best interests of the city, the Council may require the developer to finance and pay for any or all improvements. Prior to the making of the required improvements, the owner or subdivider shall deposit with the City Administrator an amount equal to the City Engineer’s estimated cost of any or all of improvements which are to be financed by the developer, either in cash or an indemnity bond, with sureties to the satisfaction of the Council, conditioned upon the payment of all construction costs incurred by the city in making of the improvements and all expense incurred by the city for engineering and legal fees and other expense in connection with the making of the improvements as required by ordinance. All improvements shall be contracted through the city.
(B) Improvements. The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the City Engineer.
(1) City obligation. The city will construct, furnish and install at city expense, the following improvements according to city specifications. Furnishing of these improvements shall be commensurate with available city funds for the work and according to programs and priorities as established by the Council. If the developer would desire any of these improvements sooner than the city would be able to furnish them, then the costs of the following improvements shall be paid for by the developer.
(a) Street lighting. Street lighting shall be constructed by the city, preferably after curb and gutter have been installed. If additional or other type of lighting is desired by the developer, he or she shall pay the increased cost thereof.
(b) Signs. Street name signs and traffic-control signs shall be installed by the city.
(2) Obligation of developer. The developer shall pay the proportionate amount of the following improvements on or for his or her subdivision or development. Financing shall be according to division (A) above.
(a) Site grading. Necessary site grading shall be accomplished by the subdivider.
(b) Street grading. Street grading for the full width of right-of-way shall be accomplished by the subdivider. If no site grading is to be accomplished, the street grading will be included with subsequent street improvements. Street grading shall precede any underground work. Where street grading is not to be immediately followed by street paving, the developer may be required to provide permanent grade markers at the right-of-way line of all streets of a standard approved by the City Engineer.
(c) Street improvements. Street improvements including base, curb and gutter, boulevard sodding, inlets and leads, and paving, according to standard city specifications or as approved by the City Engineer, shall be constructed. All required underground work shall have preceded any permanent street improvements. Any improvements on a county road shall be approved by the County Engineer. Temporary construction may, at the discretion of the City Engineer, be required, for just cause, or any street, streets or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereon, shall be subject to the approval of the City Engineer. All costs therein incurred, for either temporary access or reconstruction, shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the City Engineer.
(d) Sanitary sewer. Where city sewer is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. The cost of any required pumping stations, deemed necessary by the Engineer, shall be assessed against the benefitting property. Where it is neither practical, nor economical, for the city to extend city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of city sewer in the installations. The information shall be recorded on the plat and in each deed so affected.
(e) Storm sewer.
1. Where city storm sewer is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. Connection shall be made at the boundary of the subdivision, if available, or to some other approved discharge outlet. The developer shall secure or provide the necessary easements or discharge permits.
2. This requirement shall not prevent the city from acquiring necessary easements by eminent domain.
3. Any costs for the easements shall be borne by the developer.
(f) Water main. Where city water is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. Main sizing shall be by the city. All required hydrants and valves are to be included in the construction. Where it is neither practical, nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications.
(g) Trees. Boulevard trees, if desired, shall be installed by the owner or developer in accordance with city standards.
(h) Sidewalks. Where sidewalks are deemed to be necessary by the Planning Commission and Council, they shall be constructed according to city specifications.
(2002 Code, § 7.78) (Ord. 325, effective 12-11-1965; Ord. 25, Fourth Series, effective 12-15-1991) Penalty, see § 154.999
§ 154.233 REGISTERED LAND SURVEYS; CONVEYANCES BY METES AND BOUNDS.
(A) Registered land surveys.
(1) It is the intention of this subchapter that all registered land surveys under the jurisdiction of this subchapter should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this subchapter for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes and relationship of proposed tracts in the registered land surveys, and that tracts to be used as easements or roads should be so dedicated.
(2) Unless the approvals have been obtained from the Planning Commission and Council in accordance with the standards set forth in this subchapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any tracts unless so approved.
(B) Conveyance by metes and bounds. No conveyance of one or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are less than two and one-half acres in area and 150 feet in width unless the parcel was a separate parcel of record at the effective date of this subchapter. Building permits will be withheld for buildings on tracts which have been subdivided and conveyed by this method, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any tracts.
(2002 Code, § 7.79)
§ 154.234 VARIANCES.
(A) General conditions. The Planning Commission may recommend a variance from the provisions of this subchapter when, in its opinion, undue hardship on the land may result from strict compliance. In granting any variance, the Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds:
(1) There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(B) Applications required.
(1) Applications for any the variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration by the Commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project.
(2) The plans for the development shall include the covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(2002 Code, § 7.80)
§ 154.235 COMPLIANCE; BUILDING PERMITS.
No building permit shall be issued by the city with respect to the land or to any lot in a subdivision, as defined herein, until the plat thereof shall have been recorded in the office of the County Recorder.
(2002 Code, § 7.81)
§ 154.236 VIOLATIONS.
(A) Sale of lots from unrecorded plats. It is unlawful to sell, trade or otherwise convey or offer to sell, trade or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or portion of the city unless the plan, plat or replat shall have first been recorded in the office of the Register of Deeds of the county.
(B) Misrepresentations as to construction, supervision or inspection of improvements. It is unlawful for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys or avenues of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the Council, or has been supervised or inspected by the city, when the improvements have not been so constructed, supervised or inspected.
(2002 Code, § 7.82) (Ord. 325, effective 12-11-1965) Penalty, see § 154.999
§ 154.250 PURPOSE.
The intent of this subchapter is to establish reasonable and uniform guidelines relative to land excavation and reclamation.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.251 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LAND EXCAVATION. The removal of, or filling with rock, sand, gravel, clay, black dirt or other material.
LAND RECLAMATION. The reclaiming of land by depositing thereon any material so as to elevate the grade, or the draining, dredging or alteration of the natural state of wetlands, marshes, watercourses or similar type of topography.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.252 PERMIT REQUIRED.
(A) Permit required. It is unlawful for any person to excavate any land, parcel or lot in excess of 100 cubic yards without first obtaining a permit from the city. It is unlawful for any person to reclaim any land, parcel or lot by filling or depositing material in excess of 100 cubic yards without first obtaining a permit from the city. Land reclamation by depositing or filling of land using non-earth materials in all cases shall require a permit.
(B) Conditional use permit required. To allow any alteration of the natural site of wetlands or marshes. See § 154.254 of this chapter for other requirements.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981) Penalty, see § 154.999
§ 154.253 PERMITS; EXCEPTIONS.
(A) Land excavation for a foundation or basement over which a structure is to be erected shall not require an excavation permit; provided that, a building permit has been issued.
(B) Land excavation by state, county or city authorities in connection with the construction or maintenance of roads or utilities shall not require an excavation permit provided the activity is conducted within the road or street right-of-way, together with any land excavation for state, county or city authorities in connection with any other public purpose.
(C) Curb-cuts, utility hook-ups or street openings for which another permit is required from the city shall not require an excavation permit.
(D) In any case where the City Administrator feels that the purpose and intent of this subchapter will not be subverted by waiving the requirement for a permit, the requirement may be waived; provided, the property being reclaimed is not wetland, marshland, in or adjacent to a watercourse and does not involve more than 9,000 square feet of property.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981) Penalty, see § 154.999
§ 154.254 PERMIT APPLICATIONS.
(A) The application for an excavation permit shall be made in writing on the form as the city may from time to time designate, and shall be filed with the City Administrator.
(B) The application shall contain the following information:
(1) The correct legal description of the premises;
(2) The name and address of the applicant and owner of the land;
(3) The purpose of the excavation or filling;
(4) The estimated time required to complete the work (starting date and days to completion);
(5) Method and schedule for restoration and measures to control erosion during and after the work;
(6) A topographical map or plat of the proposed excavation or filling showing the limits of the proposed work together with the existing and proposed finished elevations based on sea level datum, if deemed necessary by the City Engineer;
(7) The method of controlling drainage both during the proposed work and the final drainage plan;
(8) The estimated quantity of excavation or fill material; and
(9) Type of material to be utilized.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.255 GRANTING PERMIT.
Upon receipt of the application, it shall be examined with the purpose of protecting and preserving the health, safety and general welfare of the inhabitants of the city. Upon conclusion of the examination, the City Administrator may or may not issue the permit.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.256 PROCEDURE UPON DENIAL OF APPLICATION.
An applicant who feels aggrieved by the action of the City Administrator in denying an application for a permit, or who feels aggrieved by the conditions imposed in connection with a permit, shall have the right to appeal the action of the City Administrator to the Council upon filing with the City Administrator a written notice of his or her intent to thus appeal. The City Administrator shall refer the notice to the Council and the Council shall, thereupon, within a period of no longer than 30 days thereafter, set a time for and hold a hearing upon the appeal at a regular Council meeting. Thereafter, the Council shall, within 30 days, decide the matter and serve a copy of its decision upon the applicant by certified mail.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.257 INSPECTIONS.
Routine inspections and evaluations of sites shall be made by the Building Inspector in a frequency as to ensure consistent compliance with the terms of this subchapter. The permittee shall be provided with written and documented notice of any deficiencies, recommendations for their correction and the date when the corrections shall be accomplished. The permittee shall allow free access to the Building Inspector or designated representative for the purpose of making inspections.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.258 APPLICATION FEE.
All applications for a permit shall be accompanied by a permit application fee as set from time to time by the City Council.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who violates, fails to comply with or assists, directs or permits the violation of a provision of this chapter or who knowingly makes or submits a false statement or document in connection with an application or procedure required by this chapter is guilty of a misdemeanor. Each day a violation continues constitutes a separate offense.
(2002 Code, § 7.43)
(D) The owner or agent of the owner of land who conveys a lot or parcel in violation of §§ 154.215 through 154.236 of this chapter shall pay to the city a penalty of not less than an amount set by the City Council from time to time for each lot or parcel so conveyed, and the city may enjoin the conveyance or may recover the penalty by a civil action.
(2002 Code, § 7.71)
(Ord. 325, effective 12-11-1965; Ord. 156, Second Series, effective 1-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985; Ord. 83, Sixth Series, effective 3-30-2008; Ord. 85, Sixth Series, effective 7-30-2008; Ord. 32, Seventh Series, effective 8-8-2015; Ord. 87, Seventh Series, passed 10-21-2019)