Hutchinson City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 154.170 CITY COUNCIL POWERS.

The City Council may, on its own motion, on request of the Planning Commission or on petition of the affected property owners:

(A) Change the zoning of a parcel of land from one classification to another;

(B) Change any of the regulations of this code as to the use of land in any district or as to the restrictions upon buildings or structures therein, by amendment to this chapter;

(D) Review site plans for multiple-family buildings (three or more units), commercial development or industrial development and mandate the inclusion or alteration of elements of the plans to protect adjacent properties. When a variance, conditional use or rezoning is requested, the site plan must be reviewed by the Planning Commission and City Council;

(E) Hear and decide requests for variances from the literal provisions of this code; and

(F) Hear and decide appeals by any person affected by any alleged error in any order, requirement, decision or determination made by any administrative officer in the enforcement of this chapter.

(2004 Code, § 154.165) (Ord. 464, passed 1- -1996)

§ 154.171 ENFORCEMENT; ENFORCEMENT OFFICER.

(A) This chapter shall be administered and enforced by the Zoning Administrator. The Zoning Administrator may institute, in the name of the city, any appropriate actions or proceedings against a violator as provided by law.

(B) The Zoning Administrator shall be the Planning Director, unless the City Council specifically appoints someone else. The duties of the Zoning Administrator shall be as follows:

(1) Examine all applications pertaining to the use of land, buildings or structures, and grant approval of and issue permits or take other appropriate action on these applications when in conformance with the provisions of this chapter;

(2) Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this chapter;

(3) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;

(4) Order discontinuance of illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions;

(5) Maintain permanent and current records of this chapter, including maps, amendments, conditional uses and variances;

(6) Maintain a current file of all permits, zoning certificates, certificates of occupancy and notices of violation, discontinuance or removal for enough time as necessary to insure continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property;

(7) Maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts; and also maintain a record of the elevations to which structures or additions to structures are floodproofed; and

(8) Notify the County Recorder of all variances and conditional use permits granted.

(2004 Code, § 154.166) (Ord. 464, passed 1- -1996)

§ 154.172 VARIANCES.

(A) Authority and conditions.

(1) (a) The Planning Commission, acting as the Board of Adjustments and Appeals, is authorized to hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control.

(b) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES also include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(c) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this chapter. The Planning Commission may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. The Planning Commission may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Planning Commission may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(2) The conditions cited as reason for granting a variance must be due to physical conditions unique to the land or building involved and must not be applicable to other sites in the same zoning district. Economic considerations may be taken into account, but shall not by themselves be the reason for which a variance is granted.

(3) Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon property in the neighborhood or upon public facilities and services. Violation of those conditions and safeguards shall be a violation of this chapter.

(4) Within the floodway or flood fringe districts, no variance may permit a lower degree of encroachment than the regulatory flood protection elevation for that particular area.

(B) Procedures.

(1) An application for a variance shall be submitted to the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as additional information as may be required by the Zoning Administrator:

(a) A site plan drawn to scale showing the property dimensions, existing and proposed buildings and other structures, existing and proposed grading, landscaping, easements and location of utilities, as applicable. The Zoning Administrator may require the applicant to obtain a certified survey at the time of application;

(b) The particular requirements of this chapter which prevent the proposed use or construction;

(d) The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction;

(e) The particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and

(f) If the variance is part of an application for commercial, industrial or multiple-family residential site plan approval, all of the submittal requirements for a site plan in § 154.174(B)(1) of this chapter shall also apply.

(2) (a) A public hearing shall be set, advertised and conducted by the city’s Planning Commission in accordance with § 154.176 of this chapter.

(b) For a variance in the floodway or flood fringe district, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances located in the floodway or flood fringe district sufficiently in advance so that the Commissioner will receive at least ten-days’ notice of the hearing.

(3) Within 30 days following the close of the public hearing, the city’s Planning Commission shall render its decision recommending granting or denying the variance. The decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance. The plans and specifications shall remain a part of the permanent records of the city’s Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact.

(a) Any aggrieved person may appeal a decision of the Planning Commission to the City Council.

(b) Motions on variances require a simple majority of the Planning Commission or City Council for passage.

(4) A copy of all decisions granting a variance in a Floodway or Flood Fringe District shall be forwarded to the Commissioner of Natural Resources within ten days of the action.

(2004 Code, § 154.167) (Ord. 464, passed 1- -1996; Ord. 11-0672, passed 7-12-2011)

§ 154.173 ORDINANCE AMENDMENTS; LAND REZONINGS.

(A) Authority. This chapter and the official zoning map may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that, no amendment shall be enacted, except in accordance with the procedures of § 154.171 of this chapter, regarding public hearings.

(B) Initiation. Proposed amendments or rezonings may be initiated by the City Council, by the Planning Commission, by any one or more owners of real estate in the area to be affected by the amendment or rezoning or by the owner of an enforceable option to purchase property in the area affected by the amendment or rezoning.

(1) When any proposed amendment or rezoning is initiated by the City Council, the Council shall transmit its proposal to the Planning Commission for a public hearing and report thereon.

(2) When any proposed amendment or rezoning is initiated by an owner or owners of real estate in the city, an application for that amendment or rezoning, addressed to the City Council, shall be filed with the City Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs, shall accompany the application. The application shall be in the form and contain that information as shall be prescribed from time to time by the Planning Commission, but shall in all instances contain the following information:

(a) The applicant’s name and address;

(b) The precise wording of any proposed amendment to the text of this chapter; and

1. A legal description and street address of the property proposed to be reclassified;

2. The name and address of the property owner or owners of the property;

3. The present zoning classification and the existing uses of the property to be reclassified;

4. The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and

5. A map, drawn to scale, clearly showing the property proposed to be rezoned, its present zoning classification and existing uses and its initial use under the proposed zoning; and, if deemed necessary by the Zoning Administrator, a land survey will be required.

(3) A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 154.171 of this chapter.

(4) Within 30 days following the conclusion of the public hearing, the Planning Commission shall transmit to the City Council its recommendation in the form of a written report. The report shall be accompanied by the findings of fact specifying the reasons for the recommendation.

(5) The City Council may apply a condition to a rezoning that would revert the site to the previous zoning classification if substantial development activity has not commenced on the site within two years of the date of rezoning approval.

(6) The flood plain designation on zoning maps shall not be removed from the flood plain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the flood plain district. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are protected adequately for the intended uses.

(7) All amendments to either the flood plain designation on the official zoning map or flood plain provisions of this chapter must be submitted to and approved by the Commission of Natural Resources prior to adoption.

(2004 Code, § 154.168) (Ord. 464, passed 1- -1996)

§ 154.174 SITE PLAN REVIEW.

(A) The City Council declares it necessary and appropriate to require site plan approval of development in certain zoning districts to preserve and promote attractive, well-planned, stable urban conditions. This includes all proposed multiple-family buildings (three or more units), commercial developments, industrial developments and all proposed developments in the flood plain district. Site plan approval by the Zoning Administrator and Director of Engineering must be obtained before a building permit is issued.

(B) True and accurate representation of the following requirements are the responsibility of the applicant.

(1) Application for site plan approval. Applications for site plan approval shall be on a form provided by the Zoning Administrator and shall include the established processing fee. The application and copies of the site plan shall be submitted by the last working day of the month for the next month’s agenda of the city’s Planning Commission.

(a) In all cases, the site plan shall contain:

1. Name of the project;

2. Location of the project, including a vicinity map;

3. Name and mailing address of the developer and/or owner;

4. Name, telephone number and mailing address of the project engineer and/or architect;

5. Date of plan preparation;

6. North point and graphic scale;

7. Boundary line of the project site with dimensions. All site plans shall be drawn at an engineering scale (e.g., one inch equals 40 feet); and

8. A registered land survey if deemed necessary by the Zoning Administrator.

(b) The site plan shall also contain the following features, both existing and proposed, drawn by a registered engineer, architect, landscape architect or land surveyor:

1. Topographic contours at a minimum interval of two feet;

2. Adjacent and on-site streets and street rights-of-way;

3. Utilities and utility right-of-way easements, manhole rim elevations and pipe elevations and sizes;

4. Buildings, signs and light poles;

5. Parking and loading facilities;

6. Surface water collection and conveyance features, including arrows indicating the direction of surface water flow over the map of proposed contours;

7. Surface water ponds, ditches and wetlands;

8. Sidewalks and bicycle paths;

9. Location of tree cover, including the designation of trees of 15 inches in diameter or more;

10. Fences and retaining walls;

11. Shielded exterior refuse collection areas;

12. Landscaping, including species and minimum size. Regulations on landscaping are set forth in § 154.115 of this chapter;

13. Traffic flow on- and off-site;

14. Height above mean sea level of buildings;

15. Project data including square footage of buildings and number of parking spaces;

16. A description of proposed exterior finish materials; and

17. The current zoning of the property and a listing of all required federal, state and city permits and the status of those applications.

(c) The Zoning Administrator may require the developer to submit the following items if he or she feels that they are important for adequate understanding of the project by the Planning Commission, City Council or public:

1. Aerial photograph(s) of the site;

2. Cross-section drawings;

3. Perspective sketch(es); and

4. A professional analysis of traffic impact or other infrastructure impact (e.g., storm sewer, water or sanitary sewer).

(2) Review and recommendation by the Planning Commission. In considering applications for site plan approval under this chapter, the Zoning Administrator shall consider the following: how the site plan relates to conditions both on and off the site, conformance with the Comprehensive Plan, the impact of the site plan on the existing and anticipated traffic and parking conditions, building location and height, sanitary sewer, water and drainage conditions, landscaping, lighting, open space, signage, setbacks and related matters.

(3) Developer’s or builder’s agreement. Prior to issuing a building permit, the Zoning Administrator may require the developer or builder to sign an agreement with the city which assures that particular elements of the site plan approval application, either proposed by the applicant or imposed by the Zoning Administrator, City Engineer or Planning Commission, shall be carried out. The Planning Commission may require the applicant to post a performance bond or irrevocable letter of credit to ensure that certain improvements are implemented.

(2004 Code, § 154.169) (Ord. 464, passed 1- -1996)

§ 154.175 CONDITIONAL USES.

(A) Purpose and authority.

(1) The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district and goals of the Comprehensive Plan. Because of their unusual characteristics, conditional uses require special consideration so they may be located properly with respect to the property location, surrounding area, and arrangement of the property. In order to achieve these goals, the city may approve or deny applications and impose reasonable conditions upon granting the permit.

(2) Within all special flood hazard areas (zones A) all proposed construction or development, including placement of prefabricated buildings and manufactured homes, shall require permits pursuant to §§ 154.015 and 154.085 through 154.098 of this chapter. In addition, the proposed site shall be reasonably free from flooding and in accordance with § 154.015 of this chapter.

(B) Standards and conditions for conditional uses.

(1) A conditional use permit may be granted for the following uses only:

(a) Any use specifically listed as a conditional use in the regulations applicable to the district in which it is specifically located;

(b) Planned development in accordance with the provisions of § 154.070 of this chapter in any district;

1. Schools;

2. Community recreation buildings and fields;

3. Elderly high rise; or

4. Relocation of any structure larger than ten feet by 12 feet.

(d) Any of the following uses in any district: buildings, facilities or premises of public service corporations to be used for public utility purposes reasonably necessary to the public convenience or welfare.

(2) A conditional use permit must meet the following conditions for approval:

(a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;

(b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and

(c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

(1) An application for a conditional use permit shall be submitted to the Zoning Administrator with the following required information:

(a) Legal description of the tract of land;

(b) Evidence of ownership;

(c) A non-refundable application fee, as set by the City Council in the city’s fee schedule, as it may be amended by City Council from time to time;

(d) Plans drawn to convenient scale, showing the current zoning classification and existing land use of the tract and those tracts directly adjacent to it, and any significant topographical or physical features and all easements of the tract and adjacent tracts. The Zoning Administrator may require a certified survey at his or her discretion at the time of application;

(e) Three copies of preliminary plans, drawn to a convenient scale, showing the same information as is required for site plan approval;

(f) Applications for a conditional use permit for a planned development district shall meet the requirements and follow the application procedures of § 154.070, PD, Planned Development District;

(g) When it deems it to be necessary, the Planning Commission may require a traffic survey, conducted at the expense of the applicant, setting out and analyzing the effect that the development will have upon traffic in the streets and thoroughfares adjacent to and in the proposed development;

(h) A statement showing the relationship of the proposed development to the Comprehensive Plan and future land use plan of the city; and

(i) A statement as to how the proposed development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.

(2) (a) A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 154.171 of this chapter.

(b) When a floodway or flood fringe district is involved, the Planning Commission shall submit to the Commissioner of Natural Resources a copy of the application for a proposed conditional use permit sufficiently in advance so that the Commissioner will receive at least ten-days’ notice of the hearing.

(3) The Planning Commission shall transmit to the City Council a written report containing its recommendations concerning the proposed conditional use. The report shall be accompanied by findings of fact specifying the reasons for the recommendation.

(4) The City Council shall not grant a conditional use unless it finds that the standards of § 154.071 of this chapter have been satisfied. The City Council may, after review and recommendation by the Planning Commission, grant a conditional use permit or overturn the vote of the Planning Commission with a three-quarters vote. The City Council shall approve or deny the request within the time allowed by state statute, unless extended pursuant to state statutes or a time waiver is granted by the applicant.

(5) A copy of all decisions granting a conditional use permit in the floodway or flood fringe districts shall be forwarded to the Commissioner of Natural Resources within ten working days of the action.

(6) A conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit.

(7) A conditional use permit shall run with the land and may be transferred to subsequent property owners.

(8) A certified copy of the conditional use permit shall be recorded with the County Recorder and shall include the legal description of the property.

(2004 Code, § 154.170) (Ord. 464, passed 1- -1996; Ord. 07-0485, passed 12-11-2007) Penalty, see § 154.999

§ 154.176 PUBLIC HEARINGS.

(A) Setting of hearings. For all requests brought before the City Council or the Planning Commission for which a public hearing is required by this chapter, the body in charge of conducting the hearing shall select a reasonable time and place for the public hearing on the request, or delegate this authority to the City Administrator.

(B) Notice of hearings.

(1) Notice of public hearings shall be given not more than 30 days and not less than ten days before the hearing by publication at least once in one or more newspapers of general circulation in the city. The notice shall include the time and place of the hearing, a description of the contents of the request to be heard and the address or location of the property to which the request applies.

(2) In addition to the general notice to the public, separate notice by letter shall be required for all property owners residing within the area, and for a distance of 350 feet from the boundaries of the area, where a request concerning property will be the subject of the hearing. These notices shall be sent by the City Council, and addresses taken from current city records shall be deemed sufficient for this notification.

(C) Conduct of hearing. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, or by written, signed letter.

(2004 Code, § 154.171) (Ord. 464, passed 1- -1996)

§ 154.177 FEES, CHARGES AND EXPENSES.

(A) The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, certificates of occupancy, conditional use permits, appeal application and other matters pertaining to this chapter. This schedule of fees shall be available in the office of the Zoning Enforcement Officer and may be altered by ordinance of the City Council.

(B) No application, permit, certificate or variance shall be issued unless or until the costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Planning Commission or Zoning Board of Appeals unless or until preliminary charges and fees have been paid in full.

(C) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.

(2004 Code, § 154.172) (Ord. 464, passed 1- -1996)

§ 154.178 CONSISTENCY WITH STATE LAW.

Notwithstanding anything in this chapter to the contrary, the provisions of M.S. § 15.99, as it may be amended from time to time, and the following sections shall govern the process for making decisions under this chapter. To the extent to which these sections conflict with the provisions of M.S. § 15.99, as it may be amended from time to time, the provisions of that statute shall apply.

(2004 Code, § 154.173)

§ 154.179 APPLICATIONS.

Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons for its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision.

(2004 Code, § 154.174)

§ 154.180 FINAL ACTIONS.

(A) As required by M.S. § 15.99, as it may be amended from time to time, the following provisions apply to the process for approving or denying applications for a zoning amendment, site plan, conditional use permit, land use permit, variance or any other application which requires a city approval under this chapter.

(B) The city shall take final action to approve or deny an application described above within 60 days of receiving an application, unless the application is not accepted under § 154.174 of this chapter. If the city cannot take action to approve or deny the application within 60 days of receiving the application, the Zoning Administrator is authorized before the end of the initial 60-day period, to make a one-time extension of the time for taking action by providing written notice by first class mail to the applicant of the extension, the reasons for the extension and its anticipated length, which may not exceed an additional 60 days unless approved by the applicant in writing.

(C) When the final action to approve or disapprove an application is to be taken by the City Council, the Planning Commission or the Board of Appeals and Adjustments, if a vote on a resolution or properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application; provided that, those voting against the motion state on the record the reasons why they oppose the application. A denial of an application because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar application.

(D) (1) Except as provided in division (C) above, if the application is denied by the City Council, Planning Commission or Board of Appeals and Adjustments, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial.

(2) If this written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the application, but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.

(E) If the decision to deny the request is made by the Zoning Administrator or other city official, the official must state in writing the reasons for the denial at the time the official denies the request.

(2004 Code, § 154.175)

§ 154.181 ADDITIONAL EXTENSIONS OF TIME.

(A) M.S. § 15.99, as it may be amended from time to time, provides for certain exceptions to the time limits established in § 154.175 of this chapter.

(B) These exceptions are as follows. If the provisions of M.S. § 15.99, as it may be amended from time to time, are inconsistent with this section, then the provisions of that statute shall apply.

(1) The time limit in § 154.175 of this chapter is extended if a state statute, federal law or court order requires a process to occur before the city acts on the application, and the time periods prescribed in the state statute, federal law or court order make it impossible to act on the application within 60 days. In cases described in this division (B), the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order. Final approval of the city receiving an application is not considered a process for purposes of this division (B).

(2) (a) The time limit in § 154.175 of this chapter is also extended if:

1. An application submitted to a state agency requires prior approval of a federal agency; or

2. An application submitted to the city, requires prior approval of a state or federal agency.

(b) In cases described in this division (B), the deadline for action is extended to 60 days after the required prior approval is granted.

(2004 Code, § 154.176)

§ 154.182 APPLICATIONS FOR SUBDIVISION APPROVAL AND BUILDING PERMITS.

Sections 154.173 through 154.176 of this chapter shall not apply to any request for action under the city’s subdivision regulations or under M.S. § 462.358 or Ch. 505, as they may be amended from time to time. Neither shall they apply to a request for a building permit.

(2004 Code, § 154.177)

§ 154.999 PENALTY.

(A) Generally. A violation of this chapter for which no penalty is set forth, shall be subject to § 10.99.

(B) Sections 154.085 through 154.098.

(1) Violation constitutes a misdemeanor. Violation of §§ 154.085 through 154.098 or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.

(2) Other lawful action. Nothing in this subchapter restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.

(3) Enforcement. Violations of the provisions of this subchapter will be investigated and resolved in accordance with the provisions of § 154.098 of the zoning ordinance. In responding to a suspected Ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(Ord. 14-0729, passed 6-10-2014)

APPENDIX A: DIMENSIONAL REQUIREMENTS BY DISTRICT

(A) Minimum lot area per dwelling unit.

Type of Use	Unit Details	Minimum Lot Area per Dwelling Unit, in Square Feet, by Zoning District
Type of Use	Unit Details	R-1	R-2	R-3	R-4	R-5
Apartment building	0 BR/efficiency	-	-	-	2,500*	-
	1 BR per DU	-	-	-	3,000*	-
	2 BR per DU	-	-	-	3,000*	-
	3 BR per DU	-	-	-	3,500*	-
Elderly apartments	0 BR/efficiency	-	-	-	1,000	-
	1 BR per DU	-	-	-	1,500	-
	2 BR per DU	-	-	-	2,000	-
Manufactured homes	-	-	-	-		Determined by setbacks
Single-family	-	10,400	8,400	7,200	-	-
Two-family; maximum ground coverage 35%	-	-	5,000	5,000	-	-
Three- to eight-family	-	-	-	4,200*	4,000*	-
NOTES TO TABLE: * These minimum lot areas may be adjusted as follows: (1) For each parking space within or under an apartment building, subtract 400 square feet from the total minimum lot area; and (2) For each private dwelling unit entrance, subtract 400 square feet from the total minimum lot area.

(B) Minimum lot widths and depths in residential districts.

Dimension	Type of Use	Minimum Lot Dimensions, in Feet, by Zoning District
Dimension	Type of Use	R-1	R-2	R-3	R-4	R-5
Lot width	Apartment	-	-	-	-	-
	Single-family	80	70	60	None	100
	Single-family, corner lot	110	90	80	None	100
	Two-family (double)	-	80	80	-	115
	Three- to eight-family	-	-	None	-	-
Lot depth	Apartment	-	-	-	-	-
	Single-family	130	120	120	None	50
	Two-family (double)	-	120	120	-	65
	Three- to eight-family	-	-	None	-	-

Type of Building	Setback Type	Building Details	Setback, in Feet, by Zoning District
Type of Building	Setback Type	Building Details	R-1	R-2	R-3	R-4	R-5
Accessory structure	Front	-	30	25	25	30	50
	Interior side	-	6	6	6	6	-
	Corner side	-	30	25	25	25	-
	Rear	-	6	6	6	6	0
Principal structure	Front	Single- or two-family	30	25	25	30	25
	Front	Other	30	25	30	30	25
	Interior side	Single-family	8	8*	8	20	-
		Two-family	8	8*	10	20	-
		Other	8	8*	20**	20**	-
	Corner side	-	30	25	25	25	-
	Rear	Single- or two-family	30	25	25	40	10
	Rear	Other	30	25	40	40	10
	Main entry side	-	-	-	-	-	25
	Secondary entry side	-	-	-	-	-	10
NOTES TO TABLE: * Six feet prior to 1988. ** Four or more unit buildings or townhouses: Add six inches for each foot the average height of the building exceeds 20 feet. Front, side and rear setback of an apartment building shall be no less than 35 feet or the average height of the building, whichever is greater.

(D) Maximum building heights in residential districts.

Type of Building	Building Details	Maximum Height, in Feet, by Zoning District
Type of Building	Building Details	R-1	R-2	R-3	R-4	R-5
Accessory structure	-	16	16	16	16	None
Principal structure	Single-family	35	35	35	-	None
	Two-family	-	35	35	-	None
	Three- to eight-family	-	-	35	35	None
	Townhouses	-	-	35	35	None
	Apartments	-	-	-	35	None

(E) Dimensional regulations for commercial zoning districts.

Requirement	Structure Type	Dimensions, in Feet, by Zoning District
Requirement	Structure Type	C-1	C-2	C-3	C-4
Maximum building height	Principal structure	18	40	-	40
Maximum building height	Accessory structure	15	15	20	25
Minimum lot area		-	15,000 square feet	-	43,560 square feet
Minimum lot depth		-	150	-	180
Minimum lot width		-	100	-	200
Setback from interior lot line	Principal building	15	20	0	20
	Accessory building	6	6	0	6
	Driveway or parking area	6	6	0	6
Setback from residential zoning boundary	Principal building	25	50	10	50
	Accessory building	10	10	10	50
	Driveway or parking area	10	10	10	10
Setback from street right-of-way	Principal building	30	30	0	25
	Accessory building	30	30	20	20
	Driveway or parking area	10	10	5	10
NOTES TO TABLE: Height limitation for the airport clear zones shall be maintained in all districts.

(F) Dimensional regulations for industrial and business districts.

Requirement	Structure Type	Dimensions, in Feet, by Zoning District
Requirement	Structure Type	I/C Guidelines	I-1	I-2	BP
Maximum building height	Principal structure	40	40	50	40
Maximum building height	Accessory structure	25	25	35	20
Minimum lot area		-	43,560 square feet	3 acres	-
Minimum lot depth		-	250	400	-
Minimum lot width		-	200	250	-
Setback from interior lot line	Principal building	20	20	20	20
	Accessory building	6	6	6	6
	Driveway or parking area	10	10	20	10
Setback from residential zoning boundary	Principal building	50	75	150	75
	Accessory building	50	75	150	75
	Driveway or parking area	20	30	50	30
Setback from street right-of-way	Principal building	30	30	40	30
	Accessory building	30	30	40	30
	Driveway or parking area	10	20	20	20
NOTES TO TABLE: Height limitation for the airport clear zones shall be maintained in all districts.

(2004 Code, Ch. 154, App. A) (Ord. 464, passed 1- -1996; Ord. 97-195, passed 5-13-1997; Ord. 98-219, passed 3-10-1998)

APPENDIX B: SCHEDULE OF OFF-STREET PARKING REQUIREMENTS

Land Use	Number of Spaces per Unit
Apartment building	1.0 per bedroom, plus 0.5 per bedroom in common for visitors
Apartment building for the elderly	0.5 per dwelling unit
Auto body shop	4.0 per service stall
Automobile service station	4.0 per service stall
Bed and breakfast inn	1.0 per sleeping unit, plus 1.0 for the owner
Bowling alley	5.0 per alley
Churches, auditoriums and other places of assembly	1.0 per 4 seats
Convalescence or nursing homes	0.35 per bed
Convenience food store	1.0 per 1,000 sq. ft., plus parking at pumps
Drive-through service	Provide 80 feet for vehicle stacking
Funeral home	1.0 per 5 seats
Furniture and warehouse stores2	1.0 per employee warehouse area, plus 1.0 per 1,000 sq. ft. gross sales area
Grocery store1	7.0 per 1,000 sq. ft.
Hospitals	1.0 per bed, plus 1.0 per employee or volunteer on a major shift
Manufactured home	2.0 per lot
Manufacturing1	1.0 per employee on principal shift, or 2.0 per 1,000 sq. ft.
Medical and dental clinics	1.0 per 200 sq. ft. gross floor area, plus 1.0 per primary medical service provider
Motels, hotels	1.0 per sleeping unit
Museums and libraries	3.0 per 1,000 sq. ft.
Office building, less than 20,000 sq. ft.	5.0 per 1,000 sq. ft.
Office building, more than 20,000 sq. ft.	4.0 per 1,000 sq. ft.
Recreation center	1.0 per 4 seats, or 5.5 per 1,000 sq. ft.
Restaurants and taverns (see drive-through service)	1.0 per table, or 1.0 per 2 stools
Retail business2	5.5 per 1,000 sq. ft.
Schools, elementary and nursery	1.6 per classroom
Schools, junior high	1.6 per classroom
Schools, senior high	4.5 per classroom
Schools, technical and colleges	1.0 per 2 students3, and 1.0 per employee, plus 1.0 per 2 auditorium seats
Self service car washes	4.0 per lane (3 on entrance side, 1 on exit side)
Single- and two-family houses with minimum 400 sq. ft. attached or detached garage	2.0 per dwelling unit
Single- and two-family rental dwelling with minimum 400 sq. ft. attached or detached garage	1.0 per adult tenant per dwelling unit; minimum 2.0 spaces per unit
Townhouses, three- to eight-family buildings with minimum 400 sq. ft. attached or detached garage	2.04 per dwelling unit, plus 0.5 per dwelling unit in common for visitors
Warehouse1	1.0 per employee on principal shift, or 1.0 per 2,000 sq. ft.
All other commercial uses	5.5 per 1,000 sq. ft.
NOTES TO TABLE: 1 Requires loading berth. 2 May require loading berth. 3 Total students at potential peak periods. 4 Does not include the driveway in front of the garage door. - Parking in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue SW and the west side of Hassan Street from the Crow River to Fourth Avenue SE. This district has been assessed and is exempt.

(2004 Code, Ch. 154, App. B) (Ord. 464, passed 1- -1996; Ord. 98-229, passed 6-9-1998; Ord. 98-241, passed 10-13-1998; Ord. 99-249, passed 3-2-1999)