1. Purpose and intent. It is the purpose of this section to regulate the height of structures and objects of natural growth and otherwise regulate the use of property in the vicinity of the city airport in order to protect the public health, safety, order, convenience, prosperity and general welfare and prevent hazards.
2. Jurisdiction. The airspace overlay zones shall encompass all of the lands within the city designated as zones A, B and C as shown on the official zoning map of the city.
3. Applicable regulations. Refer to article III of this chapter.

(Code 1978, § 23.9(C); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and intent. There are certain areas within the city that have very unique natural characteristics (wooded), are environmentally sensitive (wetlands), or are marginally developable due to such adverse external influences as high traffic volumes and/or nonresidential uses. It is very desirable to encourage the clustering of development within these areas in an effort to preserve larger expanses of open space.
2. Jurisdiction. Within the areas so designated on the official zoning map of the city the use of PUD shall be mandatory except for lots or parcels of record consisting of two or less acres at the time of adoption of the ordinance from which this article is derived. Where such lots or parcels of record exist, residential development may be allowed by the city in accordance with the existing zoning.
3. Applicable regulations. Refer to section 30-703.

(Code 1978, § 23.9(D); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose, ownership, uses, eligibility.
   1. Purpose and intent. PUD is established to permit flexibility in the regulations of land development; to encourage innovation and variety in the design, layout and type of structures constructed; to achieve an efficiency in the use of land, natural resources, energy, and the providing of public services and utilities; to encourage usable open space; and to provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the city and state. It is the intent of PUD to provide a process for rezoning which results in real property development utilizing a comprehensively prepared site plan which allows for flexibility and variances in building sites, densities and yards; allows for the mixing of uses and housing types and provides for usable open space as well as the preservation of natural features.
   2. Eligibility requirements. PUD may be applied within any district provided the following requirements are met:
      1. The site shall be not less than two acres in size.
      2. Land to be incorporated in a PUD shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.
   3. Uses permitted. As a process, PUD conveys no right to the use of land other than permitted by the district within which located. Zoning shall be required to be in accordance with the city comprehensive plan and uses permitted are those allowed by the zoning district.
   4. Development guidelines. Within a PUD, the basic zoning district regulations may be negotiated and variances granted by mutual consent of the city and the land owner(s) in accordance with the uses established by the city comprehensive plan. The following shall apply:
      1. No variance shall be negotiated for yards adjacent to exterior property lines or public streets.
      2. No variances shall be negotiated for off-street parking or screening except as provided for in section 30-625.
      3. A maximum variance from basic density requirements of up to 25 percent may be negotiated provided the findings under subsection (b)(7) of this section can be made.
2. Planned unit development procedures.
   1. Preliminary discussion. Prior to filing a petition, the proponent must request a meeting with the city to discuss the potential for PUD approval and consistency with city plans, etc. Such requests shall be made by addressing a letter to the city planning commission. Such letter shall be accompanied by a preliminary sketch plan which indicates the density; street pattern; building square footage, height and type and a time schedule. The proposal will be discussed at the next regular planning commission meeting. Guidance will be provided in concept by the planning commission to assist the proponent with the preparation of a preliminary development plan.
   2. Application and fees. Depending on the outcome of the preliminary discussion, the proponent shall initiate the PUD process by filing an application signed by the owner with and paying the established fee to the zoning administrator not less than 15 days prior to the planning commission meeting on a form provided by the city and including the information required in section subsection (b)(3) of this section.
   3. Plan requirements. The following information shall be provided in graphic and written form:
      1. An existing conditions map showing property boundaries, topography; existing natural features, including trees, watercourses, ponds; soil conditions; buildings; streets, etc.
      2. Preliminary development plan indicating the proposed uses of land; acreage; densities; building square footage, types and heights; public and private street locations; walkway locations; recreation areas and facilities; and any other information that will be necessary to evaluate the proposal.
      3. A staging plan indicating the proposed sequence of development and a general grading scheme. This plan can be indicated on the overall plan sheet.
      4. A preliminary plat which shall include all of the information required in article V of this chapter.
      5. Final development plan for phase 1. Plans and support information shall be as prescribed for conditional use permits (refer to section 30-531(b)) plus such protective covenants or agreements as might be intended or required by the city. This information shall be provided in a neat package stapled together and accompanied by the application and 15 copies of a transmittal letter.
   4. Planning commission review. The zoning administrator shall distribute the material to the planning commission for review at the next planning commission meeting. Within 60 days of the application date, the planning commission shall recommend approval, disapproval or modification of the preliminary development plan and the phase I final development plan to the city council. If the proposal is within a shoreland area, the plans will also be forwarded to the commissioner of the department of natural resources for review and comment.
   5. City council receipt. The city council will consider the recommendations of the planning commission at its next meeting and may require modifications to the plan at that time. The city council will then set a date for a public hearing.
   6. Hearing and mailed notices. The city clerk or zoning administrator shall give notice of the public hearing in accordance with the procedures established for rezoning. Refer to section 30-454(c).
   7. City council action and findings. The city council shall consider the advise of the planning commission, the commissioner of the department of natural resources and the public and shall approve, disapprove or suggest modifications to the preliminary and final development plans. If the city council approves such plans it shall also approve the rezoning for phase I. The city council shall not approve a PUD unless it finds as follows:
      1. The proposed development is consistent with the city comprehensive plan.
      2. The development is more compatible, having used PUD, with surrounding development than if PUD had not been used.
      3. The open space gain warranted the use of PUD to grant variances.
      4. The final development plan is in substantial conformance with the approved preliminary development plan.
   8. Conditions and records. The city council may impose such conditions as it deems necessary on the preliminary and final development plans and shall maintain a record of all approved plans, amendments and conditions for continuing reference.
   9. Final development plans - Subsequent phases. As rezoning is needed for subsequent development phases, the proponent shall prepare final development plans for each phase and shall petition the city for rezoning in accordance with the procedures of this section. The application for rezoning shall be accompanied by the information specified for final development plans in subsection (b)(3) of this section. The planning commission shall review and recommend on each development phase and the city council shall, prior to action on the request, hold a public hearing in accordance with the procedures established for rezoning. Each proposed phase shall be in substantial conformance with the approved preliminary development plan.
   10. Resubmission. No application for PUD which has been denied by the city council shall be resubmitted by the applicant for a period of one year following the date of denial.
   11. Lapse and extension. If within one year after the date of rezoning a building permit has not been issued, the planning commission may review the zoning and recommend to the council that the rezoning be extended or rescinded. Before acting on the planning commission recommendation, the city council shall conduct a public hearing and notice shall be given in the same manner as the original petition. The city council may rescind or extend the zoning previously granted and the preliminary and final development plans for up to one year upon finding that:
       1. A good faith effort has been made to use the PUD;
       2. There is reasonable expectation that the PUD will be used; and
       3. The facts upon which the original PUD was issued are essentially unchanged.
   12. Building permits. At the time of building permit approval, the building plans shall be reviewed by the zoning administrator and building official to establish their compliance with the approved preliminary and final development plans. If they do not comply, the plans shall be reviewed by the planning commission and city council and a public hearing shall be conducted by the city council all in accordance with the procedures established in subsection (b) of this section.

(Code 1978, § 23.10(B); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and Intent. The purpose of the mining overlay district is to provide for current or future heavy mining activities that may be governed by Minn. Stat. §§ 93.44—93.51, and separate these uses from incompatible uses.
2. Lands subject to overlay district. The mining overlay district is defined by the official zoning map and may overlay other zoning districts.
3. Conditional Uses. Following the date of adoption of the ordinance from which this section derives no entity shall engage in new or expand existing operations, or renew operations that have not been active within five years of the effective date of this section without first obtaining a conditional permit. Any operation begun prior to the adoption of the ordinance from which this section derives and which is active on the effective date of this section may continue operations for five years at which time the operation shall have obtained a permit or ceased operation. The following are conditional uses in the mining overlay district:
   1. Mineral extraction, mineral processing, metals production, mineral or metal storage, storage and stockpiling of mining and mineral processing waste materials and byproducts, storage of mining and processing equipment and includes those facilities and activities regulated by Minn. Stat. §§ 93.44—93.51.
   2. Structures necessary for mining, mineral processing, and metals production operations and ancillary facilities and activities.
   3. Transmission and distribution lines, and pipelines of public and private utility companies within existing public rights-of-way.
   4. Towers.
   5. Extractive use operations.
   6. Other industrial determined to be compatible with the purpose of the mining overlay district.
4. In addition to the information required in section 30-531(b), the following shall be provided in the application for a conditional use permit:
   1. A statement that the applicant has the right by ownership or lease to extract and to reclaim the land described in the application.
   2. A statement estimating the expected duration of the extractive use operation, including starting and completion dates.
   3. A detailed map or maps at a 1″ = 100′ scale or larger showing proposed location of any buildings, equipment storage areas, operation areas, and any other uses incorporated in the excavation process.
   4. A site development plan detailing the following:
      1. Dust, noise, other emission of potential concern and mitigation plans.
      2. Hours and duration of operation.
      3. Proposed vegetation and topographic alterations.
      4. Erosion control plan.
   5. A written plan for reclamation of the affected area detailing:
      1. The nature and extent of the reclamation.
      2. A detailed map at a 1″ = 100′ scale or larger showing which parts of the land shall be reclaimed for forest, pasture, crop, dwellings, structures or other uses.
      3. Proposed topographic contours after any filling.
      4. Depth of proposed restored topsoil.
      5. Type of fill proposed to be used.
      6. Estimated progress and completions dates.
5. The following performance standards must be met for the issuance and continuation of a conditional use permit. Additional requirements may be imposed by the city:
   1. The minimum lot area shall be 40,000 square feet.
   2. The minimum lot width shall be 300 feet at the building setback line.
   3. Setbacks.
      1. The minimum side yard setback for primary buildings and accessory structures shall be 30 feet.
      2. The minimum rear yard setback for primary buildings and accessory structures shall be 50 feet.
      3. The minimum side and rear yard setback for structures housing livestock shall be 100 feet.
      4. Extraction operations, including excavating or stockpiling and machinery, shall not be conducted or placed closer than:
         1. 100 feet to the boundary of any adjoining property.
         2. 50 feet to the right-of-way of any existing or platted roadway
         3. 250 feet to an established residence other than the owner/operator of said extractive use.
         4. 200 feet to the boundary of an incorporated municipality and ordinary high water mark.
   4. Vegetation clearing plan. Clearing of the site shall conform to the approved development and reclamation plan, and existing trees, shrubs and vegetation shall not be prematurely stripped.
   5. Screening. Adequate planting, screening, buffering and/or berming shall be provided sufficient to screen the operation from public view from roadways and adjacent properties.
   6. Entrance and exit standards.
      1. Ingress and egress access points from or onto any roadway shall be identified and only those access points shall be used. All access points shall be approved by the appropriate state, county and/or local government having jurisdiction. Access points shall be located to avoid the routing of vehicles from the mining operation over roadways that primarily serve residential areas.
      2. Access points shall be constructed to avoid traffic safety hazard and to minimize the view into the extractive use site.
      3. During the hours of operation, "Trucks Hauling" signs shall be placed along the public roadways leading to the extractive use site entrances at a distance of not less than 500 feet from the entrances. Size and type of sign shall be approved by the applicable road authority. Signs shall be removed or covered during non-operating hours.
      4. Accesses shall be controlled by the owner/operator of the extractive use operation.
      5. Dust control shall be implemented as necessary, from the processing site to the nearest paved road, on operations that have over ten one-way hauling trips or five round-trips per day.
      6. Hours of operation.
         1. Overall extractive use operation shall be from 6:00 a.m.—7:00 p.m. Monday through Saturday.
         2. Emergency situations, concerning public safety, shall be approved by the city.
         3. There shall be no mechanical equipment operation started before 6:00 a.m.
      7. Spillage onto roadways. Precautions shall be taken to minimize the deposit of dirt and extracted material from trucks onto the public roadways. Trucks used in hauling materials from the operation shall be loaded in such a manner as to minimize spillage onto public roadways. Any spillage shall be removed promptly by the operator at the operator's own expense.
      8. Amount of cover removed. The amount of soil, groundcover, and/or overburden to be removed shall be the minimum amount necessary.
      9. Use of explosives. When explosives are used, the operator shall use the utmost care and take all necessary precautions not to endanger life or damage or destroy property. The method of storing and handling explosives shall conform with all state and federal laws and regulations.
      10. Dust and noise control. Operating procedures will be implemented to control dust and noise to minimize impacts on adjoining properties and roadways.
      11. Reclamation plan required. All extractive uses requiring a permit shall have a reclamation plan with the following minimum terms:
          1. Slopes after reclamation. No portion of the reclaimed slope of the site shall exceed three feet horizontal to one foot vertical incline after reclamation unless the naturally occurring slope is steeper than 3:1 in which case final slopes shall not be steeper than the original natural slope.
          2. Topsoil storage and reapplication. All feasibly recoverable topsoil on an extractive use site shall be saved for future application, unless it can be demonstrated that it is not all needed for reclamation. Topsoil shall be reapplied to the finished slopes as uniformly as possible. Sites which lack adequate topsoil shall have the topsoil applied preferentially to the finished sloped areas.
          3. Seeding/revegetation/stabilization.
             1. Seeding mixture shall be in accordance with the recommendations of the Itasca County Soil and Water Conservation District, and shall use native seeds to the fullest extent possible.
             2. Planting of woody vegetation may be accepted in combination with other stabilization techniques.
             3. Sodding may be required for drainageways, ditch checks, highly erodible areas of a site as shown on the reclamation plan or as required by the city.
             4. Riprap may be required for drainageways, ditch outlet, culvert ends or bridge openings as shown on the reclamation plan or as required by the city.
             5. All seeding/revegetation and stabilization on inactive portions of the pit shall be implemented upon completion of extractive activities. The final revegetation / restoration being completed within one year of cessation of the operation and verified by the zoning administrator.
             6. The areas which are reclaimed for purposes of a Minnesota Department of Natural Resources Wildlife Management area and/or wetland mitigation shall be allowed exceptions to enhance wildlife habitat.

(Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and intent: The purpose of the interim urban services overlay district is to preserve the ability for areas planned for future urban services to subdivide in an efficient manner while allowing for reasonable use (including subdivision) of the land in the interim period.
2. Applicability: The interim urban services overlay district is intended for areas of the community that are currently agriculture or undeveloped but are expected to be developed with urban services (municipal sewer and water) at some point in the future.
3. Permitted/conditional/restricted uses: Permitted, conditional or restricted uses within the interim urban services overlay district shall be as stipulated by the underlying zoning district.
4. Supplemental regulations: No parcel that is five acres or less shall be further subdivided until such time as urban services are extended and connected to the property. Subdivision of parcels greater than five acres shall be required to demonstrate the ability to be served by sanitary sewer and public water of the parcel. Applications for subdivision shall be required to follow one of the following procedures:
   1. As part of the subdivision application process, submit a "ghost plat" that places housing pads or commercial sites on a lot designed to meet the existing zoning standards such that the lot may be efficiently subdivided at a future date to facilitate a denser, urban development pattern. The ghost plat shall demonstrate how municipal sewer and water services may be engineered to serve the site as if it were part of the approved project; or,
   2. The applicant shall utilize the PUD approach outlined in section 30-703 to apply flexible design standards and use of innovative engineering approaches that allow for interim rural development patterns while preserving long term conversion to urban development patterns. Use of the PUD approach shall preserve the requirements of the underlying zoning district as it pertains to density and land use.

(Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and intent: The purpose of the Minnesota Trunk Highway 38 overlay district is to implement the policy directions from the Grand Rapids Comprehensive Plan by incorporating in its entirety and as amended from time to time Itasca County's Minnesota Trunk Highway 38 (Edge of the Wilderness National Scenic Byway) Sign Ordinance.
2. Applicability: The Minnesota Trunk Highway 38 overlay district is intended for areas along Trunk Highway 38 extending from the centerline, 600 feet in either direction from the northerly boundary of Grand Rapids Township to the east/west quarter section line of Section 9. In cases where the City of Grand Rapids existing ordinances and policies conflict with the Minnesota Trunk Highway 38 Overlay District, the more restrictive provision applies.
3. Administration and enforcement: All duties as outlined in Section 11 of the County's ordinance shall be carried out by the City of Grand Rapids Zoning Administrator and administrative ordinances or policies.

(Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Purpose and intent: The purpose of the Scenic Byway commercial overlay district is to ensure commercial development along designated scenic byway corridors is in keeping with the intrinsic environmental qualities of the corridors as articulated by established corridor management plans such as, the Minnesota Trunk Highway 38 Edge of the Wilderness Corridor Management Plan.
2. Jurisdiction: The scenic byway commercial overlay zone shall encompass all lands shown as such on the official zoning map of the city.
3. Applicable regulations: All regulations set forth under this chapter shall apply with the following additions and clarifications:
   1. Allowed uses. Permitted, conditional or restricted uses within the scenic byway commercial overlay district shall be as allowed under section 30-512 for the underlying zoning district.
   2. Subdivision. Lands within scenic byway commercial overlay districts shall be subdivided in accordance with this chapter and will be subject to the following additional requirements:
      1. Access and circulation plan. In order to improve safety and preserve the effective movement of traffic along the highway corridor, subdivision of the property shall, to the maximum extent possible, provide for access to the individual properties from a centralized access point or points by way of publicly dedicated frontage or backage roads. All public easements and road right-of-way that are needed to allow the construction of service roads, trails and/or the needed expansion of highway right-of-way shall be dedicated to the city or state.
      2. Ghost platting. If the lands within the Scenic Highway overlay district are not currently served with municipal sewer and water, nor planned to be immediately served, as part of the subdivision application process, a "ghost plat" shall be developed and provided for review. The ghost plat shall illustrate how commercial uses may be developed in such a manner that the parcels may be efficiently subdivided at a future date to facilitate a denser, urban development pattern, when municipal sewer and water service becomes available. The ghost plat shall demonstrate how municipal sewer and water services may be engineered to serve the site as if it were part of the approved project.
   3. Stormwater management. Site drainage plans must be submitted to ensure consistency with the stormwater management objectives of the city. Plans will be carefully reviewed to ensure both that proposed stormwater ponding areas contain sufficient storage capacity and whatever additional measures are necessary to guarantee that the quality of runoff from the site meets or exceeds the city's standards.
   4. Site development requirements. The purpose of these requirements is to ensure that the commercial development provide compatible design, size and layout considerations to the unique character and natural environment along a scenic byway.
      1. Building setbacks shall be twice the required zoning district setback as provided for in Table 2-B of section 30-512.
      2. Building design: Buildings shall incorporate high quality materials that provide long term durability and design appeal and shall incorporate the use of natural materials or materials of natural appearance whenever possible. Concrete cinder block and metal siding are prohibited on building facades that face Trunk Highway 38. Facade colors shall be low reflectance and subtle. High intensity colors are prohibited but complementary colors that accent primary colors are acceptable. Alterations or enlargements to any building or structure within the district shall meet the same standards as new construction.
      3. Accessory buildings. No building or structure of a temporary character, trailer, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings.
      4. Parking lot requirements. Parking lots shall be located in the rear and/or side yard areas of the properties. Lighting shall not produce unnecessary glare or light pollution.
      5. Public utilities on site shall be placed underground to the extent possible.
      6. To the extent possible, and consistent with the tree preservation requirements in section 30-595, mature trees along the perimeter of the site shall be preserved to maintain the natural and rural character of the development.
      7. Bufferyard requirements. A Type "D" bufferyard shall be applied to all yards in the overlay district.
      8. Signage. All signage shall be in compliance with the requirements referenced within section 30-706 (Minnesota Trunk Highway 38 Overlay District).

(Ord. No. 08-03-02, 3-10-08)