Mayer City Zoning Code

ZONING DISTRICTS

ZONING MAP

§ 152.050 ZONING DISTRICTS ESTABLISHED.

The City of Mayer is hereby divided into classes of zoning districts as listed below and as shown on the Official Zoning Map, which, together with all the explanatory and supplemental matter thereon, is hereby adopted by reference and declared part of this chapter:

A	Agriculture District
R-1	Low Density Residential District
R-2	Medium Density Residential District
R-3	Multiple Family Residential District
C-1	General Commerce District
C-2	Central Business District
C/I	Commercial/Industrial District
P/I	Public/Institutional District
SO	Shoreland Overlay District
PUD	Planned Unit Development Overlay District

(Ord. 102, passed 7-9-01; Am. Ord. 223, passed 8-27-18)

§ 152.051 OFFICIAL ZONING MAP.

The locations and boundaries of the districts established by this chapter are set forth on the Zoning Map of the City of Mayer, which is made part of this chapter.

(Ord. 170, passed 10-11-10)

§ 152.052 ZONE BOUNDARY INTERPRETATION.

The location and boundaries of each zoning district established by this chapter are as set forth in zoning district sections of this chapter and are shown on the Official Zoning Map. Where uncertainty exists as to the boundaries as shown on the Official Zoning Map, the following rules will apply:

(A) Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

(B) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C) Boundaries indicated as approximately following city limits and orderly annexation boundaries shall be construed as following such city limits and orderly annexation boundaries.

(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(E) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, river canals, lakes or other bodies of water shall be construed to follow such centerlines.

(F) Boundaries indicated as parallel to or extensions of features indicated in the above divisions (A) through (E) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(G) Where physical or cultural features existing on the ground are at variances with those shown on the Official Zoning Map, or in other circumstances not covered by divisions (A) through (E) above, the Planning Commission shall interpret the district boundaries.

(H) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Planning Commission may permit as a special exemption the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Ord. 102, passed 7-9-01)

§ 152.053 (A) AGRICULTURE.

(A) Intent.

(1) To recognize the existing agricultural use of the land; and

(2) To preserve the undeveloped state of the land until development at urban densities with public sewer and water occurs.

(B) Permitted uses.

(1) Vegetable, fruit, crop, sod and horticulture production.

(2) Animal husbandry, not exceeding one animal unit per acre.

(3) Agricultural use accessory structures.

(4) Single-family detached residence and customary accessory uses.

(5) Public parks and recreation facilities.

(6) Home occupations.

(1) Seasonal mineral extraction.

(2) New development information and marketing centers.

(3) Occasional, rummage, barn, and/or yard sales defined as the infrequent intermittent and/or sporadic sale of tangible personal property at retail by a person who is or is not in the business or does or does not hold himself or herself out to be in the business of selling tangible personal property at retail.

(D) Permitted accessory uses.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted, ground mounted and community solar energy systems.

(E) Conditional uses.

(1) Wind energy conversion systems (WECS) mounted on a tower.

(Ord. 102, passed 7-9-01; Am. Ord. 102-T, passed 1-8-07; Am. Ord. 185, passed 9-10-12; Am. Ord. 201, passed 8-24-15)

§ 152.054 (R-1) LOW-DENSITY RESIDENTIAL.

(A) Intent.

(1) To recognize fully- or partially-developed low-density residential areas, including supporting public and semi-public facilities;

(2) To provide for future development of a similar nature; and

(3) To protect the desired low intensity living environment from encroachment by potential conflicting uses.

(B) Permitted uses.

(1) Single-family detached residences; customary accessory uses incidental to the principal use such as private garages, screen houses and play equipment.

(2) Public parks and recreation facilities.

(3) Daycare facilities.

(4) Residential facilities.

(5) Home occupations.

(C) Special conditions. In all single family residential subdivisions approved after the date of this chapter, the following conditions shall be met:

(1) The usable back yard area of each single family lot at the time of plat approval shall include a minimum depth of 50 feet of yard area unencumbered by wetlands, lakes, rivers, floodplains, ponding areas, and other restrictive use areas or easements, as measured from the rear of the proposed building pad to the rear lot line and including an area equal to the average width of the lot. Exceptions to this provision is that typical side yard and rear yard drainage and utility easements as required in Chapter 151 shall be allowed in the unencumbered area, and a wetland buffer area may occupy one-half of the required 50 feet unencumbered area. After plat approval, proposed lot improvements and structural improvements are subject to normal permitting requirements and dimensional standards in this chapter.

(2) All public streets shall include a minimum pavement width of 32 feet, as measured from back of curb to back of curb. Public rights-of-way shall be 60 feet wide, except that the city may allow a 50-foot right-of-way on cul-de-sacs and other minor streets. A ten-foot trail easement shall be required adjacent to all rights-of-way less than 60 feet in width.

(D) Permitted accessory uses.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted and ground mounted solar energy systems.

(Ord. 102, passed 7-9-01; Am. Ord. 102-C, passed 6-23-03; Am. Ord. 201, passed 8-24-15)

§ 152.055 (R-2) MEDIUM-DENSITY RESIDENTIAL.

(A) Intent.

(1) To recognize fully- or partially-developed medium-density residential areas;

(2) To allow for the development of new medium-density residential areas;

(3) To recognize a variety of housing options other than conventional single-family detached dwellings; and

(4) To allow the development of such housing to occur under certain conditions in areas.

(B) Permitted uses.

(1) Single-family detached dwellings; customary accessory uses incidental to the principal uses such as private garages, screen houses, and play equipment.

(2) Single-family attached dwellings, not exceeding four units per building; customary accessory uses to the principal use.

(3) Public parks and recreation facilities.

(4) Daycare facilities.

(5) Residential facilities.

(6) Home occupations.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted and ground mounted solar energy systems.

(Ord. 102, passed 7-9-01; Am. Ord. 201, passed 8-24-15)

§ 152.056 (R-3) MULTIPLE-FAMILY RESIDENTIAL.

(A) Intent. In addition to the purposes stated in § 152.002, it is intended that the R-3 District provide for higher-density single-family attached, owner-occupied and rental housing opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complementary with and enhance the community’s small town atmosphere.

(B) Permitted uses.

(1) Single-family attached dwellings with more than four dwelling units per building.

(2) Apartments or condominiums at a density not exceeding 22 units per acre.

(3) Customary accessory uses and structures.

(4) Public parks and recreation uses.

(5) Daycare facilities.

(6) Residential facilities.

(7) Home occupations.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted and ground mounted solar energy systems.

(Ord. 102, passed 7-9-01; Am. Ord. 102-Y, passed 5-12-08; Am. Ord. 102-Z, passed 4-13-09; Am. Ord. 201, passed 8-24-15)

§ 152.058 (C-1) GENERAL COMMERCE.

(A) Intent. To provide appropriate areas in proximity to thoroughfares for commercial retail and service establishments that are oriented to the motoring public are not compatible with the desired character of the downtown.

(B) Permitted uses.

(1) Commercial establishments which are oriented to the motorist, such as eating and drinking places, motor vehicle fuel stations and convenience stores, motor vehicle repair shops, car washes, and hotels and motels.

(2) Essential service structures.

(3) Offices and administrative facilities.

(4) Medical related clinics/uses and offices.

(5) Banking/financial institutions.

(6) Laundromats and dry cleaners.

(7) Barber and beauty shops.

(8) Churches.

(9) Off-liquor sales.

(10) Day care facilities.

(11) Funeral homes and mortuaries.

(12) Veterinary clinic, animal care, animal shelter, pet daycare, pet training, or animal hospital.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted, ground mounted and community solar energy systems.

(4) Customary accessory uses incidental to the principal use, such as off-street parking and signs.

(D) Conditional uses.

(1) Wind energy conversion systems (WECS) mounted on a tower.

(2) Drive-in businesses (for the purposes of this section, shall mean: drive-in restaurants and fast food businesses with a drive-thru). Restrictions include:

(a) No drive-in business shall be located within 300 feet of a school or church.

(b) No drive-in shall be located within 100 feet of any residentially zoned property, provided:

1. No public address system shall be audible from any residential zone; and

2. Screening of the property from residential areas will be required. The city may require fencing, earthen berms and landscaping, or any other method or combination deemed appropriate to accomplish the required screening.

(c) No drive-in shall be located on any street other than an arterial roadway, collector roadway or business service road.

(d) No access drive shall be within 100 feet of intersecting street right-of- way lines.

(e) Adequate areas shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

(3) Motor vehicle sales lots provided that all display lots for vehicles provide curb and gutter per city specifications for storm run-off purposes and all outdoor signs meet city sign regulations.

(Ord. 102, passed 7-9-01; Am. Ord. 102-J, passed 2-28-05; Am. Ord. 201, passed 8-24-15; Am. Ord. 218, passed 3-12-18)

§ 152.059 (C-2) CENTRAL BUSINESS.

(A) Intent. To recognize the existing “downtown” area of Mayer and its function as a social, trade, and service center for residents of the city and surrounding agricultural areas.

(B) Permitted uses.

(1) Commercial establishments including, but not limited to, retail establishments (grocery store, hardware, drug, clothing, furniture, eating and drinking places).

(2) Personal services (laundry, barber, shoe repair, beauty salon, photography studio).

(3) Professional services (medical, dental, attorney).

(4) Finance, insurance and real estate services.

(5) Repair services (jewelry, radio/television, but not auto).

(6) Public and semi-public facilities such as municipal offices, non-residential structures.

(7) Accessory uses incidental to the principal use, such as off-street parking and signs.

(1) Sexually oriented uses, accessory, as regulated by Chapter 114.

(2) Roof-mounted wind energy conversion systems (WECS).

(3) Ground source heat pump systems.

(4) Roof or building mounted, ground mounted and community solar energy systems.

(D) Conditional uses. The following uses may be permitted after issuance by the city of a conditional use permit:

(1) Convenience store with vehicle fuel stations, provided that:

(a) The sale of food items is in compliance with state and county standards;

(b) Vehicle fuel facilities are installed in accordance with state standards. Adequate space shall be provided to access fueling station and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by automotive fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site;

(d) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.

(2) Mixed use of a permitted use and multiple-family residential dwelling units; but only if at least 25% of the interior square footage (exclusive of the basement or cellar) is used full time for a permitted use, and the permitted and residential uses are not conflicting.

(3) Parking of vehicles; need not be enclosed.

(4) Auto repair, minor establishments provided all storage is completely enclosed and no items are stored outside.

(Ord. 102, passed 7-9-01; Am. Ord. 102-J, passed 2-28-05; Am. Ord. 102-O, passed 11-14-05; Am. Ord. 186, passed 10-8-12; Am. Ord. 201, passed 8-24-15)

§ 152.059A (C-2) CENTRAL BUSINESS DISTRICT DESIGN STANDARDS.

(A) Intent.

(1) The intent of the (C-2) Central Business District is to encourage the continuation of a viable downtown by promoting uses dependent on high volumes of pedestrian traffic; to provide for regulation of the high intensity commercial and public uses located within the original core of the city; and, to encourage limited areas of parks and greenspace in the downtown. The Central Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. The standards and guidelines set forth in this district are intended to encourage sensitive architectural rehabilitation and preservation of the older significant buildings as well as establish standards for new developments which emphasize harmonious and unifying architectural design that will tie the entire district together.

(2) All property located within this district shall be subject to all other applicable standards, procedures and regulations as specified within the Code of Ordinances of the City of Mayer (“City Code”). Where the provisions of this district and the other portions of the City Code are in conflict, the more stringent requirement shall apply.

(B) Permitted and special uses. All buildings, structures, land or premises shall be used, erected, constructed, reconstructed moved or altered according to the uses identified or described in the City Code.

(C) Accessory uses. In addition to other uses specifically identified in § 152.059, the following are permitted accessory uses within the C-2 Central Business District:

(1) Off-street parking and loading areas, as regulated by § 152.063;

(2) Signs as regulated within §§ 152.120 through 152.133; and

(3) Dwellings, provided that they meet the following stipulations:

(a) The dwelling units shall not be located on the main or street level story of the structure;

(b) The number of dwelling units shall not exceed two per structure;

(c) The number of occupants per dwelling unit shall not exceed the equivalent of one adult for every 200 square feet of living space in the dwelling unit; with persons under the age of 16 counting as one-half that of an adult;

(d) Parking for this residential accessory use shall be provided, as specified in § 152.063, in addition to the requirements for the principal use of the structure;

(e) Stair access to the dwelling units shall not be located on any side of the structure which faces a public right-of-way except for alleys; and

(f) The design of the dwelling units shall be such that their use for residential purposes is not readily apparent from a public right-of-way.

(D) Lot and setback requirements.

(1) Minimum lot area - 7,500 square feet.

(2) Minimum lot width - 50 feet abutting a public street.

(3) Maximum lot coverage - none.

(4) Maximum building height - 40 feet.

(5) Minimum setbacks -no setbacks required except as provided elsewhere in this section, there shall be no front yard, side yard or rear yard setback required for a structure provided that the structure meets the following requirements:

(a) Structures must be designed to prevent snow, ice and other precipitation from falling on any public sidewalk;

(b) In order to reinforce the existing building line and to facilitate pedestrian access and circulation, all new principal buildings shall be built to the front property lines and shall be oriented so that the front of the building faces the public street, unless a variation meeting the general intent of this district and performance standards is approved by the City Council following review by the Planning Commission; and

(c) All entrance and exit doors to buildings built to the front property line shall be recessed inwards so as not to open directly onto the adjoining street or sidewalk.

(6) Parking/paving setbacks.

(a) None, unless adjoining residential districts, then 15 feet.

(b) All off-street loading berths shall be a minimum of ten feet from any residential district.

(E) Building materials. Prohibited exterior materials. Unadorned pre-stressed concrete panels, non-decorative concrete block, metal siding with exposed fasteners, corrugated metal or unfinished metal shall not be used as exterior materials on that part of a building facing a public right-of-way except an alley. Painting previously unpainted brick on the facades of buildings is prohibited.

(F) Visual relief. No front elevation or elevation facing a public right of way may exceed 40 feet without the incorporation of visual relief. All new building elevations shall include a minimum of three of the following elements creating visual relief.

(1) Accent materials.

(2) A visually pleasing front entry that, in addition to doors, shall be accented by a minimum of one-hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this entry and accenting shall be counted as one element).

(3) A minimum of 25% of the front elevation and each front that faces a street shall be glass. Glazing patterns and window styles of adjacent buildings shall be matched as much as possible.

(4) Contrasting, yet complementary material colors (not painted).

(5) A combination of horizontal and vertical design features.

(6) Varying wall depths.

(G) Design elements.

(1) Architectural features which create a sculptural or three-dimensional quality such as marquees, balconies, grill work, sculpted keystones, caryatids, detailed cornices, brackets, niches, and awnings shall be incorporated into the design of buildings or structures. Buildings shall be designed to match existing cornices, brick corbelling, details and patterns of adjacent buildings as much as possible.

(2) Flat roofs must have parapets and sloped roofs must be sloped a minimum of 4/12.

(H) Franchise architecture. To maintain the unique character of downtown Mayer, buildings shall not be constructed or renovated using typical franchise architecture. Franchise architecture is defined as building design that is trademarked or identified with a particular franchise, chain or corporation and is generic or standard in nature. Franchises or national chains must follow the standards of this section to create a building that is compatible with downtown Mayer.

(I) Colors. Colors are an important element of the overall design concept for the Central Business District and should be complementary to the historical palette of the Central Business District, or other historic and significant buildings in the vicinity. Color can be used to enhance or draw attention to specific parts of a building such as entries. Colors can be used to mask or diminish the visual importance of features such as service entries or storage and trash areas. The following items shall be observed with respect to building colors.

(1) The predominant exterior colors shall be muted earth tones.

(2) Trim and detail colors should provide contrasting accent. The number of accent colors should be limited to prevent a gaudy appearance.

(3) Colors should represent the architectural style of the building.

(4) Materials with natural colors such as brick or copper should be left unfinished unless there is a compelling reason to the contrary.

(5) Bright or intense colors or very dark colors should be used sparingly and should typically be reserved for more delicate or intricate design elements such as grille work, as well as more transient features such as awnings, signs and flags.

(6) Doors, screening walls, or other architectural features should be painted or finished to complement the color of the building.

(J) Awnings. Awnings may be used to enhance the character of buildings while providing sun protection for display windows, shelter for pedestrians, and a sign panel for businesses.

(1) Awnings cannot extend across multiple storefronts and/or multiple buildings, unless the multiple buildings are used to operate the same use.

(2) Awnings must be constructed of durable, protective, and water repellant materials.

(3) Replacement of existing awnings must meet the requirements of divisions (J)(1) and (2) of this section.

(K) Expansions, exterior renovations and exceptions.

(1) All subsequent expansion and/or additions shall be constructed of those materials comparable to those used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance of the original building.

(a) All portions of any buildings undergoing expansion or addition, so as to require the issuance of a building permit, shall be brought into conformance with all provisions of this section at the time the renovations or additions are completed unless the proposed additions do not exceed 30% of the floor area of the structure. Re-shingling, re-roofing or replacement of windows shall not constitute a renovation which requires the existing building to be brought into conformance with this Section.

(b) Any buildings undergoing exterior facade changes which do not include structural changes to the building shall bring the exterior building materials into compliance with this section unless the proposed facade changes do not exceed 30% of the gross wall elevations for all sides of the entire structure. For structures on corner lots this percentage is increased to 50% of the gross wall elevation of all sides of the structure.

(2) Existing building materials not specifically approved in this section may be allowed to be repaired or replaced only after it is demonstrated, to the satisfaction of the Planning Commission that the proposed building meets three or more of the following standards.

(a) The building shall be an accessory structure.

(b) The building shall not be occupied by personnel.

(d) The building shall be generally not visible from major arterial roadway corridors, as defined in City Code.

(e) The landscaping of the area surrounding the location shall provide natural visual barriers to the building.

(f) The building shall be constructed of long-term maintenance free materials. A manufacturer’s warranty shall be prima-facie evidence of compliance with this standard.

(g) The proposed building is an addition to a structure that currently utilizes such materials and application of required design standards would be infeasible or impractical as determined by the Planning Commission.

(3) It is recognized that there may be projects that require a departure from the requirements in this section in order to be feasible. Any deviance from the standards prescribed in this section will require a variance according to § 152.153. Additional possible grounds to be considered in determining possible reasons for granting exceptions to this section are as follows: safety, public benefit, unique site or building characteristics or that complying with this section would have a detrimental effect on the use of the property. Financial hardship alone is not a basis to grant an exception. Exceptions will be reviewed by the Planning Commission with a recommendation to the City Council for action.

(L) Site plan and building design review required. No building permit shall be issued for construction, expansion or remodeling in the (C-2) Business District until a building design review pursuant to this section and a site plan review pursuant to § 152.031 has been approved to determine that the use and development is consistent with the requirements of this section.

(Ord. 158, passed 7-27-09)

§ 152.060 (C/I) COMMERCIAL/INDUSTRIAL DISTRICT.

(A) Intent. The intent of this district is to provide land in proximity to major thoroughfares for the development of certain activities that will strengthen local employment opportunity and tax base of the city. Such a zone will be characterized by a positive overall visual appearance that is compatible with the predominant residential aesthetic character of the city.

(B) Permitted uses. The permitted uses for the Commercial/Industrial (C/I) District are as follows:

(1) Commercial establishments requiring large sites for outdoor display, sales, and storage (farm implement sales, motor vehicle sales, mobile home sales, and building material sales are examples).

(2) Wholesaling all commodities except live animals.

(3) Uses permitted in C-1 General Commerce District.

(4) Offices and administrative facilities.

(5) Commercial/industrial establishments used for fabricating, manufacturing, production, processing, and storage of materials, goods, and products.

(6) Warehousing.

(7) Mini-storage facilities.

(8) Veterinary clinic, animal care, animal shelter, pet daycare, pet training, or animal hospital.

(9) Funeral homes and mortuaries.

(10) Governmental buildings and structures.

(1) Off-street parking and loading.

(2) Signs as regulated by §§ 152.120 through 152.133.

(3) Offices ancillary to the principal use.

(4) Outdoor storage.

(5) Sexually oriented uses, accessory, as regulated by Chapter 114.

(6) Roof-mounted wind energy conversion systems (WECS).

(7) Ground source heat pump systems.

(8) Roof or building mounted, ground mounted and community solar energy systems.

(D) Conditional uses. The conditional uses for the Commercial/Industrial (C/I) District are as follows:

(1) Commercial towers as regulated by § 152.100.

(2) Sexually oriented uses as regulated by Chapter 114.

(3) Drive-in businesses (for the purposes of this section, shall mean: drive-in restaurants and fast food businesses with a drive-thru). Restrictions include:

(a) No drive-in business shall be located within 300 feet of a school or church.

(b) No drive-in shall be located within 100 feet of any residentially zoned property, provided:

1. No public address system shall be audible from any residential zone; and

(c) No drive-in shall be located on any street other than an arterial roadway, collector roadway or business service road.

(d) No access drive shall be within 100 feet of intersecting street right-of- way lines.

(e) Adequate areas shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

(4) Motor vehicle sales lots provided that all display lots for vehicles provide curb and gutter per city specifications for storm run-off purposes and all outdoor signs meet city sign regulations.

(E) Interim uses.

(1) Solar farms as regulated by § 152.102 of this chapter.

(F) Special requirements. The following special requirements shall apply to those uses in the Commercial/Industrial (C/I) District:

(1) Prohibited structures.

(a) Building types. No basement, shack, shed, trailer, tent, or other structure of a temporary character shall be constructed, placed, maintained, or used on any lot except accessory to and during construction of the permanent building.

(b) Building materials. Face materials, which rapidly deteriorate or become unsightly such as galvanized metal, unfinished structural clay shall not be used.

(2) Permitted building materials. Structural systems of all buildings shall be in compliance with the Uniform Building Code as adopted and in effect in the City of Mayer at the time of application for a building permit. The lower 30% of the exterior front of all buildings, as measured from ground elevation, facing the main access street shall consist of materials comparable in grade and quality to the following:

(a) Brick;

(b) Natural stone;

(c) Pre-cast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character;

(d) Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability such as cedar, redwood and cypress.

(3) Variance to 30% requirement. The 30% requirement may be varied as determined appropriate to accommodate taller buildings or new buildings constructed next to or in the immediate vicinity of other buildings in order to provide a uniform and consistent effect for the area.

(4) Planning Commission approval. If material other than those listed above or a variance for the 30% requirement is proposed, it shall be subject to review and approval by the Planning Commission.

(5) Storage and screening. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user, except those items exempt in § 152.090, shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence eight feet in height. Merchandise that is offered for sale as described heretofore may be displayed beyond the confines of a building, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless such merchandise is of a type customarily displayed outdoors, such as garden supplies.

(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 163, passed 4-12-10; Am. Ord. 201, passed 8-24-15; Am. Ord. 218, passed 3-12-18; Am. Ord. 230B, passed 7-13-20)

§ 152.061 (P/I) PUBLIC/INSTITUTIONAL.

(A) Intent. In addition to the purposes stated in § 152.002, it is intended that the P/I District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses.

(B) Permitted uses.

(1) Government buildings, structures and facilities, including community centers, public works buildings and fire stations, utilities, rights-of-way, easements, parks, open spaces and vacant land.

(2) Schools, churches, cultural and educational facilities, and uses, libraries, hospitals, health facilities, and emergency medical facilities.

(3) Communication towers, subject to requirements in § 152.100.

(1) Roof-mounted wind energy conversion systems (WECS).

(2) Ground source heat pump systems.

(3) Roof or building mounted, ground mounted and community solar energy systems.

(D) Conditional uses.

(1) Wind energy conversion systems (WECS) mounted on a tower.

(E) Interim uses.

(1) Solar farms as regulated by § 152.102 of this chapter.

(Ord. 102, passed 7-9-01; Am. Ord. 102-Y, passed 5-12-08; Am. Ord. 155, passed 6-22-09; Am. Ord. 201, passed 8-24-15)

§ 152.062 DIMENSIONAL STANDARDS.

District	Lot Area	Lot Width2	Maximum Density3	Front Yard4	Side Yard5	Rear Yard6	Maximum Height	Lot Coverage7
A	40 acres1	300 ft.	1/40 acre	50 ft.	50 ft.	50 ft.	50 ft.	N/A
R-1	10,000 sq. ft.1	85 ft.	3/acre	30 ft.	10 ft.	30 ft.	30 ft.	35%
R-2	7,000 sq, ft.1	100 ft.	6/acre	30 ft.	10 ft.	30 ft.	35 ft.	50%
R-3	2,720 sq. ft.1	120 ft.	22/acre	30 ft.	10 ft.	30 ft.	40 ft.	75%
PRD	Varies	Varies	Varies	30 ft.	10 ft.	30 ft.	40 ft.	Varies
C-1	20,000 sq. ft.	120 ft.	N/A	20 ft.	30 ft.	30 ft.	40 ft.	75%
C-2	7,500 sq. ft.	50 ft.	N/A	N/A	N/A	N/A	40 ft.	N/A
C/I	15,000 sq. ft.	100 ft.	N/A	30 ft.	20 ft.	30 ft.	40 ft.	85%
P/I	20,000 sq. ft.	120 ft.	N/A	30 ft.	30 ft.	30 ft.	40 ft.	50%
1 Minimum lot area per dwelling unit.
2 Minimum lot width is the horizontal distance between the side lot lines of a lot measured at the front yard building setback line.
3 Units per net acreage (net acreage equals gross acreage less wetlands, surface water, floodplain, and existing road easements or rights-of-way).
4 Parking and loading areas shall be set back a minimum of 10 feet.
5 Side yards with street frontage (corner lots) in residential districts shall be the same distance as the required front yard setback for that district. Parking and loading areas shall be set back a minimum of 10 feet.
6 Parking and loading areas shall be set back a minimum of 10 feet.
7 Relationship of impervious surface area to total site area.

(Ord. 102, passed 7-9-01; Am. Ord. 102-A, passed 6-24-02; Am. Ord. 102-C, passed 6-23-03; Am. Ord. 102-E, passed 6-14-04; Am. Ord. 102-Q, passed 4-10-06; Am. Ord. 102-Y, passed 5-12-08; Am. Ord. 102-Z, passed 4-13-09; Am. Ord. 182, passed 6-14-12; Am. Ord. 196, passed 12-8-14; Am. Ord. 204, passed 11-9-15; Am. Ord. 208, passed 5-9-16)

§ 152.063 PARKING REQUIREMENTS.

The following table illustrates the minimum number of on-site parking spaces required for various uses permitted in the city. The city may modify minimum parking requirements in the C-2 District, if it is determined that the use is consistent with the purpose of the district and that street parking is sufficient to accommodate the use. Parking and maneuvering areas may be set back only ten feet from all property lines or road easements.

Uses	Minimum Number of Parking Spaces Required
Residential	2/dwelling unit
Church	1/3 seats in largest assembly
School	1/classroom plus 1/3 seats in largest assembly
Theater	1/3 seats
Restaurant	1/3 seats
Office	5/1,000 sq. ft. gross floor area
Retail	6/1,000 sq. ft. gross floor area
Convenience Store	7/1,000 sq. ft. gross floor area
General Service	4/1,000 sq. ft. gross floor area
Trade Business	3/1,000 sq. ft. gross floor area
Manufacturing	3/1,000 sq. ft. gross floor area
Other Industry	3/1,000 sq. ft. gross floor area
Car Wash	5 stacking plus 1/bay
Drive-up Restaurant	5 stacking plus 1/3 seats

(Ord. 102, passed 7-9-01; Am. Ord. 102-A, passed 6-24-02)

§ 152.064 SHORELAND OVERLAY.

(A) Intent. The uncontrolled use of shorelands of Mayer affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Mayer.

(B) Jurisdiction. The provisions of this section shall apply to the shorelands of the public waters as classified in division (E) of this section. Pursuant to Minnesota Rules, Parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this chapter. A body of water created by a private user where there was no previous shoreland is exempt from this section.

(C) Variances. The Board of Appeals and Adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in division (D) hereof shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.

(D) Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances or amendments under local shoreland management controls shall be sent to the Department of Natural Resources Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances under local shoreland management controls shall be sent to the Commissioner’s designated representative and postmarked within ten days of final action.

(E) Shoreland Classification System. The public waters of Mayer have been classified below consistent with the criteria found in Minnesota Rules, Part 6120.3300, and the Protected Waters Inventory Map for Carver County, Minnesota. The shoreland area for the waterbodies listed below shall be as defined in this section and as shown on the Official Zoning Map.

(1) Rivers and streams.

(a) Tributary streams: South Fork Crow River.

(F) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river/stream classification are as follows:

(1) Sewered tributary rivers/streams lot widths. There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for tributary rivers or streams are as follows:

Unit	Lot Width
Single	75 feet
Duplex	100 feet
Triplex	120 feet
Quad	120 feet

(2) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the table in § 152.062 can only be allowed if designed and approved as Planned Residential Development Districts pursuant to Section § 152.057. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line.

(G) Placement of structures on lots.

(1) When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and on-site sewage treatment systems shall be set back from the ordinary high water level as follows:

Classes of Public Waters	Sewered Structures	Unsewered Structures	Sewage Treatment System
Tributary River	50 feet	100 feet	75 feet

(2) When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distances set forth in the above table or the setback of the existing structure. One water-oriented accessory structure, designed in accordance with these provisions, may be set back a minimum distance of ten feet from the ordinary high water level.

(H) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody.

Setback from	Setback
Top of bluff	30 feet
Unplatted cemetery	50 feet
Right-of-way line of federal, state, county highway	50 feet
Right-of-way line of town road, public street, or other roads or streets not classified	20 feet

(I) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.

(J) Non-residential uses without water-oriented needs. Non-residential uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(K) Design criteria for structures.

(1) High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site as outlined in Chapter 154: Floodplain Management. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed shall be determined as follows:

(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher.

(b) For rivers and streams classified by the Minnesota Department of Natural Resources, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minnesota Rules, Parts 6120.5000 to 6120.6200, governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities.

(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long-duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in this subchapter if this water-oriented accessory structure complies with the following provisions:

(a) The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.

(b) The setback of the structure or facility from the ordinary high water level shall be at least ten feet.

(c) The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions.

(d) The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area.

(e) The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities.

(3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:

(a) Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned residential developments.

(b) Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties.

(d) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

(e) Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical.

(f) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of division (K)(3)(a) to (e) are complied with in addition to the requirements of Minnesota Rules, Chapter 1340.

(4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

(5) Steep slopes. The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to permits to prevent erosion and to preserve existing vegetative screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(L) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height.

(M) Vegetation alterations.

(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated herein are exempt from the following vegetation alteration standards.

(2) Removal or alteration of vegetation is allowed subject to the following standards:

(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the City Council if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

2. Along rivers, existing shading of water surfaces is preserved; and

3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

(N) Connections to public waters. Excavations where the intended purpose is connection to public waters, such as boat slips, canals, lagoons, and harbors, shall be controlled by this section. Permission for excavations may be given only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters.

(O) Placement and design of roads, driveways, and parking areas

(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(2) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.

(3) Public and watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met.

(P) Stormwater management. Impervious surface coverage of lots shall not exceed 25% of the lot area.

(Ord. 102, passed 7-9-01; Am. Ord. 225, passed 10-8-18)

§ 152.065 (PUD) PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT.

(A) Purpose and intent. The purpose of this section is to provide for the modification of certain regulations under a flexible regulatory process as compared to the more rigid development regulations common to traditional zoning districts when it can be demonstrated that such modification would result in a high quality development that would preserve or create features or facilities of benefit to the community, such as, but not limited to open space, or active recreational facilities or preserving natural resources, which features or facilities would not have been provided if no regulations were modified. These features or facilities would be compatible with surrounding development, and would conform to the goals and policies of the Comprehensive Plan. Throughout this section, PUD shall mean the same as “Planned Unit Development.”

(B) Benefit to the public intended. PUDs are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility serves and encourage innovation in the planning and building of all types of development. Planned unit developments shall demonstrate at least one benefit to the pubic, including but not limited to the following. The applicant bears the burden of demonstrating that one or more pubic benefits exist:

(1) Innovations in residential development that:

(a) Proactively and tangibly address the demand for housing for all economic levels;

(b) Provide greater variety in tenure, type, design, and siting of dwellings;

(c) Provide for the creation of affordable housing units through an efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs and public investments, except that tangible plans to maintain dwelling unit affordability provided one or more additional public benefits are found to exist.

(2) The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural topographic and geologic features.

(3) A variety of housing types/densities together with preservation of open space/natural features within one development.

(4) The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified.

(5) A more desirable environment than would be possible through the application of zoning and subdivision regulations of the city.

(1) Two types of planned unit developments are hereby established subject to the use regulations of the zone in which the PUD is proposed to be located and provided the standards of division (C)(2) below are achieved:

(a) Single-family PUDs, comprised of detached dwelling units on individual lots, necessary street right-of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities.

(b) Non-single family PUDs, comprised of attached dwelling units, detached dwelling units not on individual lots, commercial, retail, office, service, public, quasi-public or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities.

(c) A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located.

(2) Planned unit developments may be located in any zone subject to use regulations; provided, that:

(a) The use(s) permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, permitted accessory uses, conditional uses and interim uses, including overlay and special district regulations;

(b) A PUD for any parcel or tract of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development:

1. Residential Districts – Five acre minimum.

2. General Business District – Two acre minimum.

3. Central Business District – One acre minimum.

4. Commercial/Industrial District – Five acre minimum.

5. Mixed Use PUD – Five acre minimum.

(c) The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.

(d) Common open space shall be either held in common ownership by all owners of that specific use in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose.

(D) General requirements/permitted modifications.

(1) In general. In considering a proposed PUD project, the approval thereof may involve modifications in the regulations, requirements and standards of the zoning district in which the project is located, and in Chapter 151. In modifying such regulations, requirements and standards as they may apply to a PUD project, the standard identified within this division (D)(1) and the limitations set forth in division (D)(2) and (3) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this chapter. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirements necessary to make the project conform to the purposes of this chapter.

(a) Front yard setbacks. The requirements for minimum front yard setbacks for the zoning district in which the planned unit development is located shall apply to all exterior boundary lines of the site, except if the proposed use in the PUD adjacent to the exterior property line of the site, is substantially the same use as the existing uses adjacent to the exterior boundary line of the site of the planned unit development.

(b) Distance between buildings. The minimum distance between structures shall be 14 feet.

(c) Building height. Building height shall be governed by the requirements of the underlying zoning district classification as set forth therein.

(d) All permitted, permitted accessory, conditional and interim uses contained in the underlying zoning district shall be treated as permitted, permitted accessory, conditional and interim uses in the PUD overlay district. Uses not listed as permitted, permitted accessory, or conditional or interim in a specific district shall not be allowed in a PUD unless it is found that the use is complementary to the functionality of the development and the other uses found therein.

(e) An increase in density may be permitted to encourage the preservation of natural resources, topography and geological features. Excluded from the calculation shall be areas which would normally not be developable such as waterways or water bodies, wetlands, shorelands, floodplains, steep slopes, hydric soils and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities.

(f) Off-street parking and loading space shall be provided in each PUD in the same ratios for types of building and uses as required in the underlying zoning district. However, the city may reduce the number of parking spaces required provided PUD applicants submit information demonstrating a reduced need for parking facilities (e.g., senior housing complex, PUDs featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, and the like).

(g) The streets connecting with any PUD must be of sufficient size and character to accommodate the traffic to be produced by the project. The streets connecting with any PUD shall not significantly alter the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this section shall include consideration of the following criteria:

1. The increase in traffic which will be generated by the development;

2. The present width and condition of streets to be affected;

3. Presence or absence of improved sidewalks and trails;

4. Potential impacts upon the value of surrounding properties;

5. Anticipated effect upon availability of parking;

6. Existence of a particular conflict between vehicular and pedestrian traffic;

7. The street type designated in the Comprehensive Plan.

(h) The city may reduce paved right-of-way width requirements outlined in Chapter 151 for streets contained within the PUD providing:

1. A demonstrated benefit to the public exists that would not exist if not for the reduction of street width; and

2. The City Engineer and city’s emergency service providers (fire, ambulance, and police) review the PUD to determine adequacy of proposed street widths. The city may require total right-of-way widths (including non-paved) to adhere to standards contained within Chapter 151.

(2) Single-family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in division (D)(1):

(a) The minimum lot size and lot width, as required in the underlying zoning district, may be reduced by up to 25% provided that an area, in addition to conventional park dedication requirements, in the amount of 8% of the total site area, shall be preserved for common open space and held in common ownership or dedicated for public use provided the City Council finds the open space is set aside for the following:

1. Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, picnic tables and benches;

2. Areas containing significant trees as defined by the city;

3. Other non-critical areas, the preservation or creation of which promote one or more goals and/or policies of the Comprehensive Plan;

(3) Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning district:

(a) When a PUD containing dwelling units is proposed on property having more than one underlying residential district, zone the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone.

(b) The city, at its discretion, may allow the number of units arrived at under division(D)(3)(a) above to be located anywhere within the PUD subject to the PUD approval process set forth in this section and provided the city makes a finding of fact that a public benefit resulting from such action is present.

(E) Subdivision requirements. The approval of a preliminary and final plat shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in Chapter 151 shall be followed concurrently herewith. The approved final development plan shall be a binding site plan. A lease of land not involving a residential structure shall be exempt from Chapter 151 if the lease conforms to the final development plan.

(F) Pre-application/informational meeting and concept plan required.

(1) Informal meeting. Prior to filing an application for preliminary PUD plan approval, the applicant of the proposed PUD shall arrange for and attend an informational meeting with city staff. At such conference, the applicant shall be prepared to generally describe the applicant’s proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this chapter before incurring substantial expense in the preparation of detailed plans, surveys, and other data.

(2) Following a pre-application/informational meeting but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the city a general concept plan for review by city staff and/or the Planning Commission and City Council.

(a) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing the applicant’s basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the informational meeting so that the proposal may be considered at an early stage. The following elements of the proposed general concept plan represent the immediate significant elements which the city shall review and for which a decision shall be rendered:

1. Overall maximum PUD density range.

2. General location of major streets and pedestrian walkways.

3. General location and extent of public and/or common open space.

4. General location of residential and non-residential land uses with approximate intensities of development.

5. Staging and timetable of development.

6. Other special criteria for development.

(G) Preliminary and final PUD plan approval required.

(1) Each PUD shall require preliminary and final plan approval according to the following process.

(a) Preliminary PUD plan review.

1. Process.

A. The applicant for a PUD shall apply for a preliminary plan review. The Planning Commission shall make a recommendation to the City Council to approve or deny the preliminary plan and the City Council shall take final action on the application. City Council approval of the preliminary plan indicates that the applicant can proceed to final plan review. The application for preliminary plan review shall be accompanied by supporting information as listed in this section or as deemed necessary by the city to fully explain the property, the applicant and the proposed development. The application may include further information, as the applicant deems appropriate for the preliminary plan review for the proposed PUD. The city may require additional information depending on the complexity of the proposal.

B. The timeframe for the city action begins at the point of submittal of a complete application for the preliminary PUD plan review. An approved preliminary PUD plan shall expire within one year, if a final plan has not been filed and approved, unless an extension is granted by the City Council.

(b) Final PUD plan review.

1. Process. The applicant shall have secured final plan review approval by the City Council within one year following the date of approval of the preliminary PUD plan review. If application for final plan review is not received within one year, the preliminary plan review will be considered abandoned and a new application for preliminary plan review must be submitted. The City Council shall make a final determination on approval of the final PUD plan review.

(c) Fees. The required application fee shall accompany applications for concept plan, preliminary PUD plan and final PUD plan. The applicant shall pay fees as set forth by the City Council.

(d) Public hearing notices. All preliminary PUD plan applications shall require a public hearing and shall be noticed and processed as follows.

1. After the filing of an preliminary PUD plan application, the city shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing. Notice of proposed preliminary PUD plan shall be mailed to each property owner within 350 feet of the proposed PUD boundary. Upon hearing the request, the Planning Commission shall recommend approval, denial or conditional approval of the preliminary PUD plan and shall state the reasons for its action. The City Council shall consider the recommendation by the Planning Commission shall approve, deny or modify the request for the preliminary PUD plan.

(e) Developers agreements. A developer’s agreement may be executed, at the discretion of the city, reflecting all terms and conditions of the approved PUD plans and financial requirements.

(2) If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD plan approvals shall be processed concurrently with the platting procedures set forth in Chapter 151. Required data, parkland/fee-in-lieu of parkland dedication, design standards and required improvements shall be the same as per a conventional subdivision and as set forth within Chapter 151. In addition to the data requirements itemized within Chapter 151 the application shall also include information necessary to process the PUD preliminary and final plan(s) as contained within this section. The city may waive requirements determined to be redundant.

(3) The preliminary plan and the final plan may be combined and together processed through review as a final PUD plan. In addition, the applicant may need to file concurrent rezoning, preliminary plat, or final plat applications in accordance with the procedures set forth in this chapter or Chapter 151.

(H) Phased development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final PUD plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the city to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of the property’s eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a conceptual plan for contiguous or nearby property which is not owned or controlled by the developer. The conceptual plan shall conform to the purposes of this chapter and shall be used by the city to review all phases of the development. All phases of the development shall conform to the conceptual plan, all conditions of approval, and applicable regulations.

(I) Preliminary PUD Plan – contents of complete application.

(1) The applicant shall file with the city a preliminary PUD plan (seven large scale copies and fifteen 11x17 copies), which includes the following:

(a) A legal description of the property proposed to be developed;

(b) A map of the subject property and surrounding area determined by the city to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets;

1. Topography at two-foot contours.

2. Individual trees over eight inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed;

3. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities;

4. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development;

(d) A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubbery and tree species;

(e) Drawing and/or text showing scale, bulk and architectural character of proposed structures;

(f) For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified;

(g) Special features including but not limited to critical areas and sites or structures of historic significance;

(h) Text describing conditions or features which cannot be adequately displayed on maps or drawings;

(i) A narrative stating how the proposed development complies with the goals and policies of the Comprehensive Plan;

(j) A narrative stating how the proposed plan impacts adjacent property owners;

(k) A narrative describing the public benefit of the proposed PUD;

(l) A narrative describing proposed operation/maintenance of the development including open areas, stormwater features and recreational facilities resulting from the subdivision;

(m) If applicable, draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities;

(n) Information normally required within the underlying zoning classification relating to site plan review;

(o) Other information required by the city.

(J) Preliminary PUD plan – criteria for approval.

(1) Preliminary PUD approval shall be granted by the city only if the applicant demonstrates that:

(a) The proposed project shall not be detrimental to present and potential surrounding land use.

(b) Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible.

(c) Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, in light of the criteria set forth in Chapter 151 and the Comprehensive Plan.

(d) Services including potable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy.

(e) Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.

(f) The project conforms with the purposes and standards prescribed in this chapter.

(g) The project conforms to the Comprehensive Plan.

(2) Conformance with the design standards and required improvements as set forth within Chapter 151.

(K) Preliminary PUD plan – minor and major changes to an approved preliminary PUD.

(1) A proposed minor change to an approved preliminary PUD shall be incorporated into the application for final PUD approval, and any notification regarding such final PUD approval shall describe the proposed minor change(s). A MINOR CHANGE means any departure from the conditions of preliminary approval which is not a “major change” and includes but is not limited to the following:

(a) Reductions to the number of dwelling units in a structure;

(b) Reductions to the number of residential dwelling units;

(d) Revisions to heights of structures;

(e) Revisions to location of internal roads;

(f) Revisions similar in nature to those above as determined by the city.

(2) A proposed major change to an approved preliminary PUD shall require reapplication for preliminary PUD approval and a public hearing and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A MAJOR CHANGE is any departure from the conditions of preliminary PUD approval which would result in any of the following:

(a) Revisions to the approved design concept;

(b) Revisions to the approved use(s);

(d) An increase in square footage of nonresidential structures;

(e) A decrease in the amount of landscaping, site perimeter buffering, and open space; and

(f) An increase in traffic volumes or change in circulation patterns which impacts surrounding development.

(L) Final PUD plan – contents of complete application.

(1) Within 12 months following the approval of the preliminary PUD, the applicant shall file the final PUD conforming to the approved preliminary PUD. The final PUD shall include the following:

(a) A survey of the property, showing for all areas to be developed or disturbed, existing features, including topography at two-foot contours, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses;

(b) Elevation and perspective drawings of project structures and improvements;

(c) Proposed final association documents, declarations of covenants, conditions and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which documents shall be recorded upon final PUD approval;

(d) Proposed final agreements which may have been required as conditions of preliminary PUD approval;

(e) A development schedule;

(f) The following plans and diagrams:

1. An off-street parking plan;

2. A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development, and to and from existing and programmed thoroughfares; any special engineering features and traffic regulating devices needed to facilitate or ensure the safety of this circulation pattern must be shown;

3. Landscaping and tree planting plan, including site grading;

4. A topographic map or model of the site and surrounding vicinity;

(2) In the event that development standards were submitted and approved as part of the preliminary PUD plan, development standards shall be made binding upon all future owners of the property in a manner acceptable to the city and may be submitted in lieu of elevation and perspective drawings of project improvements.

(M) Final PUD plan – criteria for approval. Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, SUBSTANTIALLY CONFORMS means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design, or development standards or in the site plan, other than the minor changes pursuant to division (K) above.

(N) Final PUD plan – extension of time for filing. For good cause shown, the city, at its discretion, may grant an extension of time of one year for filing the final PUD and required accompanying papers, and may grant additional one-year extensions; provided, however, the city shall have the right to reexamine and update any conditions made to mitigate development impact.

(O) Final PUD plan – failure to file and termination.

(1) In the event the final PUD or any required application and materials are not filed within 12 months following approval of a preliminary PUD, except as provided elsewhere in this chapter or as noted in division (O)(2) below, the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect.

(2) When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a PUD which includes a subdivision, the final PUD shall be submitted within two years of receiving preliminary approval.

(3) The time period for filing a of final PUD shall not include periods of time during which progress on the final PUD was reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the city pursuant to this chapter; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD the applicant shall be required to comply with all current building, construction, subdivision and other applicable standards of the city prior to being granted approval of the final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project.

(P) Final PUD plan – adjustments to approved final PUD.

(1) City staff is authorized to allow adjustments in accordance with division (P)(2) below. City staff shall allow only such adjustments as are consistent with guidelines established in division (P)(2), and in no case shall an adjustment be allowed if it will increase the total amount of floor space authorized in the approved final PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site.

(2) For the purposes of this division (P), ADJUSTMENTS means any departure from the conditions of final PUD approval which complies with the following criteria:

(a) The adjustment maintains the design intent and quality of the original approval;

(b) The amount of landscaping, buffering and open space shall not be reduced;

(d) The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback;

(e) The height of buildings and other structures shall not increase;

(f) Views from both structures on-site and off-site shall not be substantially reduced;

(g) Traffic volumes shall not increase and circulation patterns shall not change;

(h) Changes in colors, plant material and parking lot configurations are minor;

(i) The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents;

(j) City staff determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project.

(Q) Letter of credit required for final PUD plan. No final PUD shall be implemented until the applicant files with the city a letter of credit approved by the city, executed by a surety company authorized to do business in the state, or other equivalent security approved by the City Attorney, in an amount equal to 125% of the estimated cost of all public improvements, utilities and landscaping, conditioned upon the applicant’s completion of such portions of the project according to the submitted final PUD and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on the letter of credit. Such letter of credit shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the city, it will better serve the public health, welfare and safety to restore the site rather than to require completion of public improvements, utilities and landscaping. If the PUD is also being subdivided, the letter of credit required to be posted by the subdivision of property as per Chapter 151, to the extent that it satisfies the requirements of this section, shall be accepted as full or partial fulfillment of the requirements hereof.

(R) Operating and maintenance requirements for PUD common open space and service facilities.

(1) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard.

(2) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following:

(a) Landlord control where only use by tenants is anticipated.

(b) Property owners’ association, provided all of the following conditions are met:

1. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, lots, parcel, tract, townhouse, apartment, or area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the city prior to the filings of the documents with the County Recorder’s Office.

2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, lots, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.

3. The declaration of covenants, conditions and restrictions shall provide that an owners’ association or corporation may be formed and if such an association or corporation is formed, property owners must be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners’ proportionate shares of joint or common costs. This declaration may be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.

4. The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city, or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.

5. Membership in the association must be mandatory for each owner within that neighborhood in the PUD, as determined with the approval of the final PUD, and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it.

6. The open space restrictions must be permanent and not for a given period of years.

7. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs.

8. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.

(3) Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.

(S) Building permits – certificates of occupancy. The city shall issue building permits for buildings and structures which conform with the approved final PUD and with all other applicable city ordinances and regulations. The city shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final PUD and all other applicable city ordinances and regulations. The construction and development of all the open spaces and public and recreational facilities of each project phase must be completed or bonded before any certificate of occupancy will be issued.

(T) Extension of time for construction. For good cause shown, the city, at its discretion, may grant one extension of time for commencement or continuation of construction subsequent to approval of the final PUD.

(U) Termination of PUD – failure to commence or continue construction.

(1) If construction has not been started within two years from the date of approval of a final PUD with an associated subdivision, or two years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in herein, the authorization granted for the PUD project shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void.

(2) The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of pendency of legal action challenging an approval granted by the city pursuant to this chapter; however, in all cases, when more than two years have elapsed subsequent to the date of approval of a final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the applicant shall be required to comply with all current building, construction, subdivision and other applicable standards of the city; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project.

(V) Sale of lots. Lots in a platted PUD may be sold to separate owners according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as to create a new lot line except as provided in Chapter 151.

(W) Lots subject to final PUD plan. All lots or other divisions of a subdivided PUD shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with Chapter 151 or lot(s)/division(s) of a subdivided PUD were subsequently conveyed.

(Ord. 223, passed 8-27-18)

Mayer City Zoning Code

ZONING DISTRICTS

ZONING MAP

§ 152.050 ZONING DISTRICTS ESTABLISHED.

A	Agriculture District
R-1	Low Density Residential District
R-2	Medium Density Residential District
R-3	Multiple Family Residential District
C-1	General Commerce District
C-2	Central Business District
C/I	Commercial/Industrial District
P/I	Public/Institutional District
SO	Shoreland Overlay District
PUD	Planned Unit Development Overlay District