Hoyt Lakes City Zoning Code
GENERAL REGULATIONS
§ 152.030 APPLICATION AND INTERPRETATION.
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience and welfare.
(B) Where the condition imposed by any provision of this chapter are either more restrictive than comparable conditions imposed by any law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(C) No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.031 SEPARABILITY.
It is hereby declared to be the intention of the Mayor and City Council that the several provisions of this chapter are separable in accordance with the following.
(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment.
(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
(Ord. 110, passed 4-23-1991)
§ 152.032 NONCONFORMING USES AND STRUCTURES.
(A) Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon the date as hereinafter specified.
(B) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Zoning Officer, providing the necessary repairs shall not constitute more than 50% of replacement value of the structure.
(C) When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(D) A lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
(E) Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within 12 months after the calamity, unless the damage to the building or structure if 50% or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this chapter.
(F) Whenever a lawful nonconforming use of a structure or land is voluntarily discontinued and remains discontinued after a notice by the city for a period of 30 days, any future use of the structure or land shall be in conformity with the provisions of this chapter.
(G) Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a structure with an assessed market value upon the effective date of this chapter of $1,000 or less, may be continued for a period of 36 months after the effective date of this chapter, whereupon the nonconforming use shall cease, unless brought into conformity.
(H) Any proposed structure which will, under this chapter become nonconforming but for which a zoning permit has been lawfully granted, not more than six months prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this chapter, and continues to completion within two years. The structure and use shall thereafter be a legally existing nonconforming structure and use.
(I) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(J) Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.033 LOT PROVISIONS.
(A) A lot of record for which a deed has been recorded in the office of the Registrar of Titles or County Recorder prior to the effective date of this chapter shall be deemed a buildable lot provided it fronts on a public right-of-way and has the minimum size area requirements set forth in this chapter.
(B) A lot of record existing upon the effective date of this chapter in an R District, which does not meet the requirements of this chapter as to area or width may be utilized for single-family detached dwelling purposes provided the measurements of the area or width are within 75% of the requirements of this chapter but the lot of record shall not be more intensively developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this chapter.
(C) Except in the case of planned unit developments as provided for hereinafter, not more than one principal building shall be located on a lot.
(D) Where no curb elevation has been established, the City Engineer shall furnish the elevations.
(E) On a through lot, both street lines shall be front lot lines for applying the yard and parking regulations of this chapter.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.034 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Accessory buildings and structures related to a farming operation and on a farm may be located anywhere on the lot except that building for housing more than two non-domestic animals shall be not less than 50 feet from lot line and all buildings shall conform to yard regulations.
(B) No accessory building or structure other than a fence or temporary construction office shall be permitted on any lot in an R District heretofore, prior to the time of construction of the principal building to which it is accessory except a residential garage, which prior to construction of the residence can be used only for storage purposes pertaining to, and until the completion of, the main structure.
(C) In all R and CD Districts, no accessory building shall be less than four feet from the side lot line, or less than five feet from the rear lot line.
(D) Whenever a garage is so designed that it is to be entered directly from a side street, the distance between the doors and the lot line shall be 20 feet or more.
(E) Should the lot grade between the street line and the required setback be ten feet or more, either above or below the curb level, in the R District, a garage for the storage of two passenger automobiles may be located in the front yard subject to minimum front yard setback or existing setback established by existing buildings.
(F) Unless otherwise specified in the zoning regulations (as codified in this Chapter 152), no accessory building in an R or CD District shall exceed the height of 18 feet except pursuant to a conditional use permit issued for a lot described in Category 4 of division (G) below. In addition, the 18-foot limit provided in this division (F) shall not apply to an accessory building attached to a dwelling of the same height, so as long as the portion of the attached accessory building that exceeds the height of 18 feet is used as a dwelling, namely occupied or intended to be occupied for residence purposes, and not for accessory use.
(G) (1) In all R and CD Districts, the following provisions will apply for accessory buildings:
Category 1 | Category 2 | Category 3 | Category 4 | Category 5 | Category 6 | |
Lot area by square footage | 10,000 square feet or less | 10,001 to 20,000 square feet or less | 20,001 to 40,000 square feet or less | 40,001 to 80,000 square feet or less | 80,001 to 130,680 square feet or less | 130,681 and above square feet |
Maximum size of any one accessory building (square feet) | 960 | 1,040 | 1,200 | 1,500 | 1,800 | No limit |
Maximum number of accessory structures | 3 | 3 | 4 | 4 | 5 | No limit |
Maximum total square footage for all accessory buildings allowed | 1,200 | 1,716 | 2,400 | 3,000 | 3,600 | No limit |
Peak height | 18 feet | 18 feet | 20 feet | 20 feet | 20 feet | No limit
|
(2) Except where otherwise set forth, the term “accessory structure” or “accessory building” shall include attached or detached. In all R districts and CD Districts, the maximum number of accessory buildings, which may be located on a lot are as follows.
(a) The maximum number of accessory buildings, whether attached or detached, is three. However, a structure that is not enclosed by walls and is used exclusively for the storage of firewood will not be included in this maximum of three accessory buildings, nor will it be included in the maximum total for all accessory buildings referenced in this division (G), if the firewood storage building is no greater than 180 square feet in size and no greater than ten feet in height.
(b) In an R-1 District, the maximum number of accessory buildings allowed shall be increased by one if it is a boathouse which complies with all other rules and regulations contained within this chapter and the shoreline management ordinance, as codified in § 152.100. The square footage of the boathouse will be in addition to the total permitted square footage indicated in this division (G); however, the square footage for the boathouse may not exceed the requirements of § 152.100(E)(6) dealing with water-oriented accessory structures. This boathouse exception is available only on lots abutting water.
(H) Garage structures shall be anchored to a footing or concrete slab with a suitable connection of a breaking strength equal to or exceeding 2,000 pounds and the structure shall be provided a surfaced floor.
(I) No accessory building in a business or industrial district shall exceed the height of the principal building except by conditional use permit.
(J) An accessory building in the business or industrial districts may be located within the rear yard setback, subject to building code and fire zone regulations and provided that the lot is not a through lot and the accessory building shall be a part of the principal building if it is located less than 12 feet from the principal building. No accessory building shall be located less than ten feet from a rear lot line.
(K) Fish houses or dark houses may be stored temporarily in the rear yard in R Districts for not more than ten months in any calendar year provided the structure is painted and maintained to a standard compatible with the principal structure.
(L) No shipping containers, rail car containers or “Conex” containers are allowed in R-3 District (Hoyt Lakes Proper), except in those limited circumstances when such a container is temporarily placed, for a period to not exceed ten calendar days, on or adjacent to a lot in conjunction with an individual or family moving into or out of a residence located on the lot.
(Ord. 110, passed 4-23-1991; Ord. 118, passed 10-27-1992; Ord. 131, passed 7-25-1995; Ord. 137, passed 5-28-1996; Ord. 151, passed 6-23-1998; Ord. 167, passed 2-24-2004; Ord. 172, passed 3-22-2005; Ord. 173, passed 6-28-2005; Ord. 186, passed 9-23-2008; Ord. 188, passed 5-26-2009; Ord. 224, passed 6-7- 2021; Ord. 225, passed 6-7-2021)
§ 152.035 REQUIRED YARD AND OPEN SPACE.
(A) Whenever a park or play area is so located that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least 30 feet shall be maintained between the right-of- way and the nearest developed play space, or a six foot chain link fence shall also be used. This section shall apply to all zoning districts and to all public and private parks, schools, churches and areas where play space is provided.
(B) No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make any area or dimensions less than required by this chapter, and if already less than the minimum required, it shall not be further reduced.
(C) No required yard or open space allocated to a structure or lot, or dwelling group in compliance with this chapter shall be used to satisfy yard, other open spaces or minimum lot area requirement for any other structure, lot or dwelling group.
(D) The following shall not be considered as encroachment on yard and setback requirements:
(1) In any yards - posts, off-street open parking spaces, chimneys, flues, belt course, leaders, sills (pilasters, lintels, cornices and eaves up to 30 inches), bays, gutters, awnings, open terraces, open canopies, steps, flagpoles, ornamental features, open fire escapes, sidewalks and other similar projections provided they do not extend more than three feet into the yard and in no instance in the R District or CD District nearer than four feet from the lot line. However, fences, walls and hedges shall be allowed up to, but not on, the lot line;
(2) Yard lights and nameplate signs in the R District provided the lights and signs are three feet or more from all lot lines and subject to § 152.120. Lights for illuminating parking and loading areas or yards for safety and security purposes may be provided where necessary provided that glare is not visible from the public right-of-way or adjacent residential property and not more than three foot candle of light intensity is present at the property line;
(3) In front yards, balconies that extend a distance of four feet or less, provided they are seven feet or more above grade at building line;
(4) In side and rear yards, terraces, steps, stoops and uncovered porches which do not extend in elevation above the height of the ground floor level of the principal building and do not extend nearer than four feet from the lot line. However, fences, walls and hedges shall be allowed up to, but not on, the lot line, if they are six feet in height or less;
(5) In rear yards, recreational and laundry drying equipment, picnic tables, open arbors and trellises, balconies, breezeways, porches, detached outdoor living rooms and swimming pools, provided they are five feet or more from any lot line;
(6) Height limitations shall not apply to church spires, belfries, cupolas and domes, monuments, chimneys and smokestacks, flag poles, private and public utility facilities and television antennas; and
(7) A storm entrance may be added and permitted to encroach on the front yard of any single- family dwelling existing at the date of adoption of this chapter, provided the structure does not extend more than five feet into the front yard, is not more than 40 square feet in area, is constructed on a foundation in accordance with the building code and is covered with a siding or material substantially the same in appearance as the principal structure.
(Ord. 110, passed 4-23-1991; Ord. 118, passed 10-27-1992; Ord. 137, passed 5-28-1996) Penalty, see § 152.999
§ 152.036 TRAFFIC VISIBILITY AND CONTROL.
(A) The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial districts shall in all cases be forward moving with no backing into streets.
(B) On corner lots in a residential district, no structure or planting in excess of 30 inches above the curb line shall be permitted within a triangular area as follows: “beginning at the intersection of the projected curb lines of two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning.”
(C) No hedge, bushes or fence located within 15 feet of the front lot line shall exceed 30 inches in height above the yard ground level. Trees in the front yard must be pruned so as not to impede vision across the yard creating a traffic hazard nor impede pedestrians on the sidewalks.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.037 ESSENTIAL SERVICES.
This chapter shall require a permit for all structures and rights-of-way which are an integral part of a system for public transportation or for transmitting power, water, heat, communication, gas or sewage by any public utility.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.038 ANNEXED TERRITORY.
Annexed territory shall be placed in the CD Zoning District until a time as a detailed study determining its proper use district is undertaken.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.039 LAND RECLAMATION AND GRAVEL EXTRACTION.
It is the intent of this chapter to provide for the economical availability of sand, gravel, rock, soil, sod and other materials vital to the continued growth of the city.
(A) Land reclamation. Under this chapter, land reclamation is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only by conditional use permit in all districts. Any lot or parcel which 400 cubic yards or more of fill is to be deposited shall be land reclamation. The permit shall include, as a condition thereof, a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site.
(B) Gravel extraction. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and removal thereof from the site without processing shall be permitted in all districts upon issuance of a conditional use permit, except that no conditional use permit shall be required in ID or MD zoning districts or in sand or gravel pits that exist as of the date of the passage of this chapter.
(Ord. 110, passed 4-23-1991; Ord. 137, passed 5-28-1996) Penalty, see § 152.999
§ 152.040 STRUCTURES IN PUBLIC RIGHT-OF-WAY.
No buildings, structures or uses may be located in or on any public lands or right-of-way without a conditional use permit being issued after approval by the City Council and subject to other applicable approvals.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.041 RELOCATING STRUCTURES.
(A) Permit required. Every licensed house mover shall, in each and every instance, before raising, holding up or moving any building, obtain a permit thereafter from the Zoning Officer. An application for the permit shall designate the origin and destination of the building, the route over which it is to be moved and shall state the time in which the moving of the building shall be issued. No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the Zoning Officer.
(1) All sewer charges and water bills payable against the property from which the building is to be moved have been paid and that all sewer and water connections have been plugged or discontinued at the curb line or at the main, that all cesspools, septic tanks and cisterns have been filled, all other hazards have been eliminated and all taxes against the property have been paid in full.
(2) The building to be moved must comply in all respects with all other laws and other applicable ordinances; provided, that the person proposing that the building be moved may present to the Zoning Officer complete and detailed plans showing changes which will be made in order to attain compliance with the ordinances. In the event that the changes are proposed, a permit authorizing the moving of the building shall not be issued until the owner has agreed in writing to complete the necessary changes within a period of one year, the Zoning Officer has approved the plans, the building permit fee has been paid and the building permit issued, and a performance bond guaranteeing completion of the changes, and equal to at least one and one-half times the cost of the proposed work as estimated by the Zoning Officer has been posted with the city.
(3) Upon compliance with divisions (A)(1) and (A)(2) above, the Zoning Officer, licensee and applicant shall submit the application to the Planning Commission for approval and recommendations to the City Council at the next stated meeting of the Commission. The Planning Commission shall determine whether the application shall conform to the immediate surrounding community. The Planning Commission in its discretion shall call a public meeting of resident owners within a radius of 500 feet from subject property owners review of the proposed application. The Planning Commission will determine the application on its merits and make its recommendations to the Council.
(B) Electrical correction requirements.
(1) In every case in which a permit shall be issued, as herein provided, for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association or corporation owning, operating or controlling the wires to remove or displace the same, so far as the same may be necessary to effect the removal thereof, shall be authorized by the permit.
(2) The person to whom the permit shall have been issued shall notify the person, association or corporation owning, operating or controlling the wire to remove or displace the same to facilitate the removal of the building, and shall at the same time exhibit to the person, association or corporation the properly issued permit authorizing the removal of the wires sufficiently to allow the passage of the building along the street over which the wires are suspended.
(3) Any expenses incurred or to be incurred in the moving, removing or displacing of the wire shall be paid for by the person who makes application for the permit.
(C) Railroad and bridge requirements. No building shall be moved across any railroad or bridge, unless the hour be specified and approved by the company or governmental unit controlling the tracks or bridge.
(D) Additional requirements. Any person, firm, association or corporation desiring to move any building to within the limits of the city from outside of the limits shall comply with the following additional requirement:
(1) Notify the Zoning Officer of the city during the process of the construction of the building in sufficient time so that the Zoning Officer may make all necessary inspections in order to determine whether the building complies with the applicable ordinances of the city;
(2) The applicant, at the time of application for a permit, shall pay to the City Clerk-Treasurer the sum of $10 for each house to be moved in the city. The sum shall be retained by the city whether or not a permit is granted to the applicant; and
(3) The Zoning Officer is hereby authorized and required to make the inspections provided for herein upon compliance with the foregoing requirements.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.042 FRONT SETBACKS.
In an R-1, R-2 or R-3 District where adjoining principal building exists at the time of adoption of this chapter has a lesser setback from that required, the required front yard of a new structure shall not be less than the average front yards of the buildings on each side lot for 400 feet and in no case shall the front yard be less than 20 feet in depth or 53 feet from the centerline of the road. The provisions of this section shall not be interpreted to supersede § 152.046.
(Ord. 110, passed 4-23-1991)
§ 152.043 STREET FRONTAGE REQUIRED.
No lot shall contain any building used as a dwelling unless it abuts at least 20 feet on a public street.
(Ord. 110, passed 4-23-1991)
§ 152.044 USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS.
Whenever in any zoning district a use is neither specifically permitted nor denied, the City Council, the Planning Commission or a property owner may request a study by the Planning Commission to determine whether the particular use is compatible with the city’s comprehensive plan, what zoning district would be most appropriate and the determination as to conditions and standards relating to use. The City Council may upon receipt of the study, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or find that the use is not compatible.
(Ord. 110, passed 4-23-1991)
§ 152.045 SETBACKS ADJACENT TO RESIDENTIAL AREAS.
Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be 35 feet. In the case of industrial districts, the minimum setbacks shall be 50 feet.
(Ord. 110, passed 4-23-1991)
§ 152.046 SETBACKS ALONG THOROUGHFARES.
Along streets designated as “thoroughfare” in the adopted comprehensive plan, the yard adjacent to the thoroughfare shall have a depth of 50 feet from the planned right-of-way line. Where the right-of-way width has not been established on the thoroughfare plan, a 100-foot minimum setback from the centerline of all existing thoroughfares shall be required.
(Ord. 110, passed 4-23-1991)
§ 152.047 HEIGHT LIMITATIONS.
In residential districts, multiple dwellings and places of public assembly, such as churches and schools, are exempt from height limitations except that the required setback from any residential lot shall be at least one and one-half times the height, and the distance between any two principal buildings must be no less than one-half the sum of the heights of the two structures, except that any structure exceeding 45 feet in height shall require a conditional use permit granted by resolution of the City Council determining that the structure would not be dangerous and would not adversely affect the adjoining or adjacent property.
(Ord. 110, passed 4-23-1991)
§ 152.048 CORNER LOT SETBACKS IN RESIDENTIAL DISTRICTS.
The side yard abutting a side street in all residential districts shall have a depth of 60% of the required front yard. In the case where the side yard abuts the front yard of an adjacent lot, the side yard setback adjacent to the street shall not be less than 20 feet.
(Ord. 110, passed 4-23-1991)
§ 152.049 PLANNED UNIT DEVELOPMENT.
The purpose of this section of the zoning chapter is to provide a method where flexibility of site design and architecture may be applied by placing more than one building on a lot in a residential, commercial or industrial district, according to the following provisions. Planned unit development applications shall be administered and processed through the conditional use permit procedure specified in § 152.066 of this chapter.
(A) Residential district.
(1) The purpose of this division (A) is to establish provisions for the granting of a conditional use permit to erect a multi-building apartment or institutional project in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this chapter.
(2) The owner or owners of any tract of land within the R-2, R-3, R-5 or R-6 Use Districts may submit to the City Council for approval, a plan for the development and use of a tract of land for a PUD for any permitted or conditional use within the district in which the land is located by making an application for a conditional use permit authorizing completion of the development and shall conform to the requirement of the use district within which it is located except as herein amended.
(a) The tract of land for which a development is proposed and permit requested shall contain not less than four acres.
(b) The tract of land for which a development is proposed and a permit requested shall not have less than 100 feet of frontage on a public street.
(c) The proposed development shall be served by the public water and sewer system, and fire hydrants shall be installed according to a plan approved by the Fire Chief as to type and location.
(d) No principal building shall be nearer than its height to the rear or side property line when the line abuts an R-1, R-2 or R-3 District.
(e) No building or multi-building structure within the development shall be nearer to another building than one-half the sum of the heights of the two buildings.
(f) Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on a 25-foot roadway is to be prohibited, parking on one side of a 27-foot roadway is to be permitted, and parking is permitted on both sides of roadways 32 feet or more in width.
(g) No building shall be located less than 15 feet from the back of the curb line along those roadways which are a part of the internal road system.
(h) Off-street parking for townhouse and multiple-family dwellings shall be two spaces per dwelling unit.
(i) Provision for trash pick-up shall be provided according to a plan reviewed by the Planning Commission and approved by the City Council.
(j) Incinerators shall not be permitted.
(k) Landscaping shall be provided according to a plan reviewed by the Planning Commission and approved by City Council and shall include a detailed planting list with sizes indicated.
(l) The surface drainage system shall be constructed according to a plan approved by the City Engineer.
(B) Business district.
(1) The purpose of this division (B) is to establish provisions for the granting of conditional use permits to erect a multi-building retail sales and service facility in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as provided in this chapter.
(2) The owner or owners of any tract of land within the B-1 or B-2 District may submit to the Council for approval a plan for the development and use of a tract of PUD for commercial or other uses permitted in the district within which the land is located, by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the use district within which it is located except as herein amended.
(a) The tract of land for which a development is prepared and a permit requested shall not have less than two acres.
(b) The tract shall have not less than 200 feet of frontage on a public street.
(c) The development shall be served by the public sewer and water system and fire hydrants shall be installed according to a plan approved by the Fire Chief as to type and location. Private water may be allowed subject to Council approval.
(d) The surface drainage system shall be constructed according to a plan approved by the City Engineer.
(e) The entire site other than that taken up by structures or landscaping shall be surfaced.
(f) The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the City Council.
(g) Provisions shall be designated for off-street loading to service the businesses and the space shall have easy access and not be designated for any other use.
(h) Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on a 25-foot roadway is to be prohibited.
(i) Provision for trash pick-up shall be provided according to a plan reviewed by the Planning Commission and approved by the City Council.
(j) Incinerators shall not be permitted.
(k) Landscaping shall be provided according to a plan reviewed by the Planning Commission and approved by the City Council and shall include a detailed planting list with sizes indicated.
(C) Industrial district.
(1) The purpose of this division (C) is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an over design, and integrated physical plan and in accordance with the provisions and procedures as provided in the chapter.
(2) The owner or owners of any tract of land within an I District may submit to the Council for approval a plan for the development and use of a tract of land for a PUD for commercial or other uses permitted in the district within which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except as herein amended.
(a) The tract of land for which a development is proposed and a permit requested shall not be less than five acres.
(b) The tract shall be served by the city water and sewer system and fire hydrants shall be installed according to a plan approved by the Fire Chief as to type and location. Private water may be allowed subject to Council approval.
(c) A surface drainage system shall be constructed according to a plan approved by the City Engineer.
(d) The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the City Council.
(e) Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on a 25-foot roadway is to be prohibited.
(Ord. 110, passed 4-23-1991) Penalty, see § 152.999
§ 152.050 PLANNED DEVELOPMENT AREA (DENSITY ZONING).
(A) The purpose of this section of the zoning regulations is to provide a method by which parcels of land in the R District having unusual building characteristics due to sub-soil conditions, elevation of water table, water area, wooded areas, relative location or shape of the parcel may be more efficiently utilized.
(B) The owner or owners of any tract of land in the R District may submit to the City Council for approval, a plan for the use and development of a tract of land as a planned development area by making an application for a conditional use permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirement of the use district within which the land is located except as hereinafter modified.
(1) The tract of land for which a project is proposed and a permit requested shall not be less than ten acres.
(2) The applicant shall state precisely what in his or her opinion are the unusual characteristics of the site for purposes of justifying the granting of a special permit.
(3) The plan shall be submitted in the form of a preliminary plan and in complete conformance with the subdivision regulations.
(4) The number of dwelling units proposed for the entire site shall not exceed the total number permitted under density control provision for the use district within which the land is located.
(5) The density in the plan should not exceed the maximum for the zoning district and the lot area of any one lot as required within the use district shall not be reduced to less than two-thirds of the required area.
(6) All housing types included as permitted uses in all R Districts may be included in the planned development area. Each lot as shown on the plan shall have indicated on it the maximum number of dwelling units to be permitted within a single building.
(7) The land which is to be set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the city shall be required.
(Ord. 110, passed 4-23-1991)
§ 152.051 DEVELOPMENT WITHOUT PUBLIC SANITARY SEWER AND WATER.
(A) The purpose of this section is to establish a procedure whereby commercial and industrial structures may be built in accordance with the provisions of this chapter at a standard which will prevent pollution to ground water resources or will not result in hazard to health.
(B) The applicant before obtaining a zoning permit for a commercial or industrial structure shall provide the following:
(1) Written approval of the project by the Pollution Control Agency;
(2) A sanitary sewage disposal system plan with standards for population equivalent and percolation rate based upon the Minnesota Department of Health’s Tentative Standards for Design of Small Sewage Works;
(3) A plan for the disposal of surface water; and
(4) A fee of $25 to cover the administration and cost of the City Engineer verifying the workability of the system.
(C) (1) The City Engineer shall certify that the design and location of the system will not adversely affect the health, safety and general welfare of the residents of the city or adjoining communities.
(2) The Engineer will also verify that the system is so designed to be incorporated into the public system when it is so provided.
(D) The City Engineer shall submit his or her finding to the City Council in a written form prior to the City Council approving the building permit.
(Ord. 110, passed 4-23-1991)
§ 152.052 FLOOD CONTROL.
(A) Floodway District regulations (permitted uses).
(1) All buildings, structures, construction grading and deposits that are essential to the operation of the city such as bridges, sewer outfalls, power and telephone line supports and other service structures; and
(2) Non-damageable or low damage potential type of uses, such as agriculture, parking lots, park, recreation areas and docking facilities. Mineral resources and extraction operations.
(B) Floodplain District regulations (permitted uses). All buildings, structures, construction, grading and deposits that are permitted under the primary zoning classification:
(1) Provided that no residence or place of abode shall be constructed unless the ground upon which the residence and the entire access drive to the public street shall, prior to or at the time of the construction, be raised to an elevation not less than one foot above the design flood elevation as shown on the zoning maps and the first floor of the residence shall not be less than three feet above the design flood elevation;
(2) No basement floor shall be constructed to an elevation lower than the design flood elevation unless the basement has been designed to withstand pressure from water at the design flood elevation and certified by a registered engineer with the condition being made a part of the building permit; and
(3) No street grades shall be placed at a lower elevation than the design flood elevation. Filling or excavating of land or pumping water into or out of water bodies may be permitted subject to the approval of the City Council. Construction of street, residences and other buildings at elevations below design flood elevations may be permitted if adequate flood protection is provided. Any flood protective works must be approved in writing by the City Council prior to the granting of building permits.
(C) Issuance of zoning permits.
(1) Before a zoning permit shall be issued for a building, structure, construction, grading or deposit in a floodway or floodplain, the applicant must provide: an executed application form for zoning permits; all plans, exhibits and certification required by the chapter; and the written approval of other governmental agencies if required by the chapter.
(2) This permit would be issued with the condition that before a permit would be issued for the structure or use, the applicant would be required to furnish a certification from a registered engineer that the elevation of the structure and the site meet all requirements of the zoning regulations.
(Ord. 110, passed 4-23-1991)
§ 152.053 MAINTENANCE STANDARDS.
The owner and occupant of a property shall keep and maintain the property in compliance with the following requirements.
(A) Exterior property areas. Exterior property areas, which means all areas of a property which are exterior and not related to any portion of a building, structure or accessory structure located on the property, shall be maintained as follows.
(1) The exterior property areas shall be kept and maintained in a clean, safe and sanitary condition.
(2) The property shall be graded and maintained to prevent the erosion of soil and accumulation of water thereon, or within any building located thereon, except in approved water retention areas.
(3) Private sidewalks, driveways and similar areas shall be kept in good repair and maintained free from hazardous conditions.
(C) Exterior of buildings, structures and accessory structures. The exterior of any building, structure or accessory structure shall be maintained in good repair so as not to pose a threat to public health, safety or general welfare.
(1) Exterior surfaces. Exterior wood surfaces shall be protected from the elements and decay by maintained paint, stain or other protective covering or treatment. Peeling, flaking and chipped paint shall be removed and the surfaces repainted or otherwise covered by other protective wood covering. Joints in siding materials and between siding and other features shall be maintained weather-resistant. Metal surfaces subject to rust or corrosion shall be stabilized and treated to inhibit future rust or corrosion. For purposes of this chapter, if 20% or more of a wall or other surface area, such as fascia, soffits, rake, has the protective coating peeling, flaking, chipping or deteriorated, then the wall or surface area shall be restored to a protected condition.
(2) Foundations, exterior walls, roofs and drainage. Exterior walls shall be free from holes, breaks and loose, missing or rotting materials. The roof and flashing shall be maintained weather- resistant so as not to allow moisture to enter the building. Roof drainage systems shall be maintained in good working order to perform the intended function. Roof water shall not be discharged in a manner that creates a public nuisance.
(3) Windows, doors, screens. Every window, exterior door and all other exterior openings, shall be substantially tight, shall be kept in sound condition and repair, and shall not be covered by construction materials such as tarps, plywood sheets or other material not designed to be used as windows, doors and frames. Every window, door and frame shall be constructed and maintained in relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building.
(4) Stairways, decks, porches and balconies. Stairways, decks, porches, and balconies, and attachments hereto, shall be maintained structurally sound, in good repair, capable of supporting the imposed loads, able to perform the intended function and maintained weather-resistant.
(Ord. 172, passed 3-22-2005)