Hutchinson City Zoning Code
GENERAL REQUIREMENTS
§ 154.015 COMPLIANCE.
Except as hereinafter provided:
(A) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered for the district in which it is located; and
(B) All applicants receiving building permits for permitted or conditional uses to be located in the floodway or flood fringe districts shall be required to submit certification by a registered professional engineer or land surveyor, as appropriate, or other qualified person designated by the governing body, that the finished fill and building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this chapter.
(2004 Code, § 154.015) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.016 MINIMUM REQUIREMENTS.
(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare.
(B) Wherever the requirements of this chapter are in variance with the requirements of this chapter or are in variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restriction or covenants, the most restrictive or those imposing the higher standards shall govern.
(2004 Code, § 154.016) (Ord. 464, passed 1- -1996)
§ 154.017 BUILDING REQUIREMENTS.
(A) Compliance required. No building or other structure shall hereafter be erected or altered to exceed in height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this chapter.
(B) Premises identification. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. All buildings require a minimum height of four-inch numbers.
(2004 Code, § 154.017) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.018 AREA REQUIREMENTS.
(A) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as modified hereinafter.
(B) No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(2004 Code, § 154.018) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.019 SINGLE-FAMILY DWELLING ON LOT OF RECORD.
In any district where single-family dwellings are permitted, a single-family detached dwelling may be erected on any lot of official record as of 1989 irrespective of its area or width; provided, the applicable yard and other open space requirements are satisfied or modified by the City Council as set forth in § 154.173 of this chapter.
(2004 Code, § 154.019) (Ord. 464, passed 1- -1996)
§ 154.020 SINGLE- AND TWO-FAMILY DWELLING ON LARGE LOT.
In any residential district where a single-family or two-family residential structure is to be developed on a large lot which could later be resubdivided and still meet the dimensional and area requirements for another lot of the district in which it is situated, that structure must be placed in a manner which would permit the resubdivision. Accessory uses shall be exempted from this requirement.
(2004 Code, § 154.020) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.021 ONE PRINCIPAL BUILDING ON R-1 OR R-2 LOT.
§ 154.022 EXCEPTIONS TO HEIGHT LIMITATIONS.
The height limitations stipulated in this chapter shall not apply to the following:
(A) Essential service structures, architectural features and the like. Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, chimneys, smoke stacks, flag poles, radio and television towers, wind energy conversion systems, solar structures, masts and aerials and parapet walls extending not more than four feet above the limiting height of the building;
(B) Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings; provided that, they are located on the first floor of those buildings; provided that for each two feet by which the height of the building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district; and, further provided that, the Planning Commission shall find that the additional height will not be materially detrimental to surrounding property; or
(C) Elevator penthouses and the like. Elevator penthouses (elevator machinery loft), monitors and scenery lofts; provided, no linear dimension of any structure of this type exceeds 50% of the corresponding street lot line frontage. Fire towers, hose towers, cooling towers, grain elevators, industrial process towers, gas holders or other structures, where a manufacturing process requires a greater height, shall be excepted.
(2004 Code, § 154.022) (Ord. 464, passed 1- -1996; Ord. 07-0465, passed 7-10-2007)
§ 154.023 EXCEPTIONS TO YARD AND FRONTAGE LIMITATIONS.
In any district where front yards are required and where 40% or more of the frontage on one side of a street between two intersecting streets or around the circumference of a cul-de-sac is developed with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average yard so established.
(2004 Code, § 154.023) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.024 YARD SPACE; ENCROACHMENTS; STEEP SLOPES.
(A) Yard space requirement. Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the district in which it is located, except as specified below. The required yard space for any building, structure or use shall be contained on the same lot as the building, structure or use and the required yard space shall fall entirely upon land in a district or districts in which the principal use is permitted. Any required yard space shall be open from 30 inches above the ground to the sky, except as specified elsewhere in this chapter.
(B) Yard space encroachments; projections into yards and easements. Encroachments or projections into drainage and utility easements are not permitted, with the exception that overhangs up to two feet are allowed for planned development districts that received final approval prior to 2007. The following projections may be permitted into the required front, rear or exterior side yard setback; provided, there is no encroachment or projection into the drainage and utility easements:
(1) Cornices, sills, eaves and other ornamental features to a distance of not more than two feet, six inches;
(2) Fire escapes to a distance of not more than four feet, six inches;
(3) Decks and patios, in residential districts, to a distance of not more than one-half the distance into yards;
(4) Bay windows, window wells, chimneys and fireplaces to a distance of not more than three feet; provided that, these features do not occupy, in the aggregate, more than one-third the length of the building wall on which they are located; and
(5) Retaining walls and landscaping timbers within easements by conditional use permit. Retaining walls and landscaping timbers or similar are not allowed in easement areas adjacent to stormwater facilities.
(C) Yard space exception; steep slopes. In any residential districts where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along that line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, the garage may be located within the front yard, but not in any case closer than 12 feet to the street line.
(2004 Code, § 154.024) (Ord. 464, passed 1- -1996; Ord. 07-0452, passed 1-9-2007; Ord. 21-822, passed 5-11-2021) Penalty, see § 154.999
§ 154.025 ZERO LOT LINE HOUSING.
Every development proposal which is designed or later modified so as to place the principal structure abutting a side property line in order to have only one open side yard or less must file with the Zoning Administrator a signed copy of the recorded covenant with filing information assuring access through the adjacent yard for purposes of repairs and general maintenance and/or common wall construction. This covenant is mandatory and the issuance of any certificate of occupancy shall be contingent on the filing. In some cases, the side yard could be the rear yard.
(2004 Code, § 154.025) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
§ 154.026 ACCESSORY BUILDINGS.
(B) Utility buildings in residential districts shall be smaller than 200 square feet and shall be six feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement.
(C) No accessory building or garage per single-family home shall occupy more than 25% of a rear yard. All new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet, but larger than 240 square feet, are allowed by conditional use permit. The size of detached (accessory) garages are regulated per the below table:
Lot Size | Maximum Detached (Accessory) Garage Size |
.15 to .29 acres | 1,000 square feet |
.30 to .49 acres | 1,250 square feet |
.50 to 1.0 acres | 1,500 square feet |
1.0 to 2.0 acres | 1,750 square feet |
2.0 acres or more | 2,000 square feet |
* Note: No accessory structure or detached garage shall occupy more than 25% of a rear yard.
(D) No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling.
(E) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit.
(F) Accessory buildings in all districts shall be located to the rear of the principal building.
(G) No accessory building in a commercial or industry district shall exceed the height of the principal building, except by conditional use permit.
(H) Utility sheds in residential districts which have floor areas greater than 200 square feet shall have a floating concrete slab. Only one utility shed per home is permitted.
(I) Pole buildings are not allowed for detached garages or accessory buildings in residential zoned areas unless the lot is at least one acre in size.
(J) Unattached garages require direct access by public way or in cases of interior lots, a side yard drive setback dimension no less than ten feet between the property line and the principal structure. Direct access to the public right-of-way is not permitted through the rear or side yard of double frontage lots located on any collectors or arterial roadways, except for properties platted prior to 1988.
(K) Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(2004 Code, § 154.026) (Ord. 464, passed 1- -1996; Ord. 07-0459, passed 3-13-2007; Ord. 13-0710, passed 7-9-2013; Ord. 16-751, passed 2-9-2016; Ord. 16-0763, passed 8-23-2016) Penalty, see § 154.999
§ 154.027 WIND ENERGY CONVERSION SYSTEMS.
(A) Purpose. The section 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.
(B) Interpretation, conflict and separability.
(1) 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.
(2) 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.
(3) 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.
(C) Enforcement, violations, remedies and penalties. Enforcement of this section shall be done in accordance with process and procedures established in this chapter.
(D) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATED PROJECT. Aggregated projects are 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 100 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. For the purposes of this section, 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 Department of Transportation or other similar applications to monitor weather conditions.
NON-COMMERCIAL WECS. A WECS of less than 100 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 grassland 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. 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 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 69,000 volts (69 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 (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.
(E) Application procedures. Application for WECS shall be reviewed and processed in accordance with the conditional use permit procedures established in § 154.175 of this chapter, as identified in the district regulations table. 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; and
(h) Documentation of land ownership or legal control of the property.
(2) The application for commercial WECS 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;
(e) A noise study, prepared by a qualified professional, that demonstrate that except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minn. Rules Ch. 7030 governing noise and § 92.018
of this code of ordinances, as applicable;
(f) 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 constrancy, 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.
(g) Decommissioning plan; and
(h) Description of potential impacts on nearby WECS and wind resources on adjacent properties.
(3) Application procedures for aggregated projects.
(a) 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.
(b) All aggregated projects over the five MW threshold currently outlined in state statute are subject to state regulation.
(F) 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 | Meteorlogical Tower |
Zoning District | Non-Commercial WECS | Commercial WECS | Meteorlogical Tower |
C-1, C-2, C-3, C-5 | Not permitted | Not permitted | Not permitted |
C-4 | Conditionally permitted | Conditionally permitted | Conditionally permitted |
I/C | Conditionally permitted | Not permitted | Conditionally permitted |
I-1 and I-2 | Conditionally permitted | Conditionally permitted | Conditionally permitted |
GT | Conditionally permitted | Not permitted | Conditionally permitted |
R-1, R-2 | Conditionally permitted | Not permitted | Conditionally permitted |
R-3, R-4, R-5 | Not permitted | Not permitted | Not permitted |
(G) Setbacks. All towers shall adhere to the setbacks established in the following table.
Non-Commercial WECS | Commercial WECS | Meteorlogical Tower | |
Property lines | 1.1 times the total height | 1.1 times the total height | 1.1 times the total height |
Neighboring structures | Setback to property line of 1.1 times the total height required | 750 feet | Guyed towers: The fall zone, as certified by a professional engineer p+ 10 feet Non-guyed towers: 1.1 times the total height |
Road right-of-way and other right-of-ways (railroads, powers lines, etc.) | 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 | |
Other existing WECS | N/A | 600 feet | 600 feet |
Wetlands, USFW Types III, IV and V | N/A | 600 feet | 600 feet |
(H) Requirements and standards.
(1) Safety design standards.
(a) Engineering certification. For all WECS, the manufacturer’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.
(b) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(c) 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.
(d) 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.
(2) Standards.
(a) Total height. Non-commercial WECS shall have a total height of less than 200 feet.
(b) Tower configuration. All wind turbines, which are part of a commercial WECS, shall be installed with a tubular, monopole type tower.
(c) 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 matte or non-reflective. Meteorological towers are exempt from this requirement.
(d) 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.
(e) Other signage. All signage on site shall comply with city sign 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.
(f) 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.
(g) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall more than 100 feet from an existing residential property.
(h) 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.
(i) 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 Zoning 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.
(j) Decommissioning plan.
1. Each commercial 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.
2. 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.
3. 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.
(k) 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.
(l) Noise. All WECS shall comply with Minn. Rules Ch. 7030 governing noise and § 92.018
of this code of ordinances.
(m) Complaint resolution. The owner/operator of the WECS shall develop a process to resolve complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time frame for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.
(n) Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.
(o) Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
(p) Uniform Building Code. All WECS shall comply with the Uniform Building Code adopted by the state.
(q) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals, caused by any WECS. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for permits. No WECS shall be constructed so as to interfere with any microwave transmissions.
(r) 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.
(3) Avoidance and mitigation of damages to infrastructure and utilities.
(a) Roads. Applicants shall:
1. 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
2. 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.
(b) 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.
(c) 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.
(2004 Code, § 154.027) (Ord. 07-0463, passed 6-12-2007) Penalty, see § 154.999