Mayer City Zoning Code
ZONING DISTRICTS
AND ZONING MAP
§ 152.080 ZONING DISTRICTS ESTABLISHED.
In order to classify, regulate and restrict the location of trade and industry, and the location of buildings designated for specific uses, to protect residential uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards and open space within and surrounding such buildings, the city is hereby divided into zoning districts. The use, height and area regulations shall be uniform in each zoning district, and the zoning districts shall be known as:
A-1 | Agriculture District |
R-1 | Single-Family Residential District |
R-2 | Single and Two-Family Residential District |
R-3 | Two-Family and Townhouse Residential District |
R-4 | Multiple-Family Residential District |
C-1 | Highway Business District |
C-2 | Central Business District |
C/I | Commercial/Industrial District |
I-1 | Light Industrial District |
P/I | Public/Institutional District |
SL | Shoreland Overlay District |
FP | Floodplain Management Overlay District |
PUD | Planned Unit Development Overlay District |
(Ord. 251, passed 2-23-26)
§ 152.081 GEOGRAPHIC JURISDICTION.
The geographic jurisdiction of this chapter shall be the entire area within the corporate limits of Mayer, Minnesota.
(Ord. 251, passed 2-23-26)
§ 152.082 OFFICIAL ZONING MAP.
The location and boundaries of the zoning districts established by this chapter are hereby set forth on the zoning map entitled “Mayer Zoning Map.” The map shall be on file with the City Clerk, and hereinafter referred to as the “zoning map.” The map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference. It is the responsibility of the City Administrator to maintain the zoning map, and amendments thereto shall be recorded on the map.
(Ord. 251, passed 2-23-26)
§ 152.083 INTERPRETATION OF ZONING DISTRICTS MAP.
Zoning district boundary lines established by this chapter generally follow lot lines, the centerlines of railroad rights-of-way, street rights-of-way, watercourses or the corporate limit lines, all as they exist upon the effective date of this chapter. Where uncertainty exists as to the boundaries as shown on the official zoning map, the following rules will apply:
(A) Appeals concerning the exact location of a zoning district boundary line shall be heard by the Board of Appeals and Adjustments pursuant to § 152.011 of this chapter.
(B) Whenever any street, alley or other public way is vacated by official action of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(C) All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(D) All areas within the corporate limits of the city which are underwater and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two or more zones, the boundaries of each zone shall be construed to be extended into the water area in a straight line until they meet the other district at the halfway point and/or to the corporate limits.
(Ord. 251, passed 2-23-26)
§ 152.084 ANNEXATIONS.
All land hereafter annexed to the city which is not shown on the zoning map shall automatically, upon annexation, be classified with the (A-1) Agriculture District and shall be subject to all regulations, notations, references and conditions as are applicable to the District until such time that a determination may be made as to the proper zoning district classification for such land and an amendment can be made to that effect.
(Ord. 251, passed 2-23-26)
§ 152.085 (A-1) AGRICULTURE DISTRICT.
(A) Purpose. The purpose of the A-1 District is to recognize the existing agricultural use of the land and provide for an orderly means whereby lands in the city can be preserved in an undeveloped state until development at urban densities with public sewer and water as uses defined by the city’s comprehensive plan.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the A-1 District:
(1) Farms, agriculture, nurseries, wholesale nurseries, greenhouses, and tree farms, not including animal feedlots, vegetable, fruit, crop, sod and horticulture production.
(2) Animal husbandry or keeping of animals, not exceeding one animal unit per acre.
(3) Single-family detached dwellings.
(4) Public parks, trails, playgrounds, recreation facilities and directly related buildings and structures.
(5) Residential facility servicing six or fewer persons in a single-family detached dwelling.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the A-1 District:
(1) Solar energy systems, ground source heat pump systems and roof-mounted wind energy conversion systems (WCES) as regulated by § 152.066 of this chapter.
(2) Home occupations.
(3) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this chapter.
(4) Daycare facilities serving 14 or fewer persons in a single-family detached dwelling.
(5) Fences.
(6) Roadside stand for sale of in season agricultural products planted and completely grown on the premises.
(7) Signs.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the A-1 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Wind energy conversion systems (WECS) mounted on a tower.
(2) Farm buildings for the keeping of farm animals that are located within 300 of an existing residence on an abutting property or residential platted lot not under the same ownership as the parcel on which the buildings are constructed.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the A-1 District and are further governed by § 152.013 of this chapter.
(1) Landfilling and land excavation/grading operations, including mining.
(2) Cannabis businesses including cannabis cultivation as regulated by Chapter 115 of the Mayer, Minnesota Code of Ordinances.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the A-I District by administrative permit:
(1) Essential services.
(F) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the A-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
(1) Lot area: 40 acres.
(2) Lot width: 300 feet.
(3) Front yard setback: 50 feet.
(4) Side yard setback: 50 feet.
(5) Rear yard setback: 50 feet.
(6) Lot coverage: no requirement.
(7) Maximum building height.
(a) Principal building: 35 feet or three stories, whichever is less.
(b) Accessory buildings: 20 feet.
(c) Accessory buildings related to farming activities: 50 feet.
(Ord. 251, passed 2-23-26)
§ 152.086 (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. The purpose of the R-1 District is to provide an option for low density single-family detached residential dwelling units and directly related, complementary uses in areas without environmental constraints and amenities.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the R-1 District:
(1) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(2) Residential facility serving six or fewer persons in a single-family detached dwelling.
(3) Single-family detached dwellings.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the R-1 District:
(1) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this chapter.
(2) Daycare facilities serving 14 or fewer persons in a single-family detached dwelling.
(3) Fences.
(4) Gardens for produce not to be offered for sale.
(5) Solar energy systems, ground source heat pump systems and roof-mounted wind energy conversion systems (WCES) as regulated by § 152.066 of this chapter.
(6) Home occupations.
(7) Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.
(8) Signs.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the R-1 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Religious institutions, provided that the minimum side yard setbacks shall be 30 feet, the same as the front yard setback.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the R-1 District and are further governed by § 152.013 of this chapter.
(1) None.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the R-I District by administrative permit:
(1) Essential services.
(2) Model homes.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the R-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
(1) Lot area: 10,500 square feet.
(2) Lot area corner lot: 12,000 square feet.
(3) Lot width: 80 feet.
(4) Lot width corner lot: 95 feet.
(5) Front yard setback: 30 feet.
(6) Side yard setback: 10 feet.
(7) Side yard setback abutting public right of way: 25 feet.
(8) Rear yard setback: 30 feet.
(9) Lot coverage: 35%.
(10) Maximum building height.
(a) Principal building: 35 feet or three stories, whichever is less.
(b) Accessory buildings: 20 feet.
(Ord. 251, passed 2-23-26)
§ 152.087 (R-2) SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. The purpose of the R-2 District is to provide for low to medium density single-family detached residential dwelling units and two-family attached residential units and directly related, complementary uses in areas without environmental constraints and amenities.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the R-2 District:
(1) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(2) Residential facility serving six or fewer persons in a single-family detached dwelling.
(3) Single-family detached dwellings.
(4) Townhouses, detached only.
(5) Two-family dwelling units.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the R-2 District:
(1) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this chapter.
(2) Daycare facilities serving 14 or fewer persons in a single-family detached dwelling.
(3) Fences.
(4) Gardens for produce not to be offered for sale.
(5) Solar energy systems, ground source heat pump systems and roof-mounted wind energy conversion systems (WCES) as regulated by § 152.066 of this chapter.
(6) Home occupations.
(7) Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.
(8) Signs.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the R-2 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Religious institutions, provided that the minimum side yard setbacks shall be 25 feet, the same as the front yard setback for single-family detached dwellings.
(2) More than one principal residential building on one lot of record, provided that the applicable provisions of division (G) of this section are satisfactorily met.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the R-2 District and are further governed by § 152.013 of this chapter.
(1) None.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the R-2 District by administrative permit:
(1) Essential services.
(2) Model homes.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the R-2 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
(1) Single-family detached dwellings.
(a) Lot area: 8,400 square feet.
(b) Lot area corner lot: 10,000 square feet.
(c) Lot width: 65 feet.
(d) Lot width corner lot: 77.5 feet.
(e) Front yard setback: 25 feet.
(f) Side yard setback: 7.5 feet.
(g) Side yard setback abutting public right-of-way: 20.
(h) Rear yard setback: 30 feet.
(i) Lot coverage: 40%.
(j) Maximum building height.
1. Principal building: 35 feet or three stories, whichever is less.
2. Accessory buildings: 20 feet.
(2) Detached townhouse and two-family dwellings.
(a) Unit lots. The following minimum unit lot requirements shall be applied to the subdivision of detached townhouse and two-family dwellings to permit individual private ownership of a single dwelling within such a structure:
1. Lot area. Detached townhouse and two-family unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units.
2. Base lot setbacks. A minimum setback of 30 feet shall be required at the periphery of the base lot development in the rear yard.
3. Building setbacks. The following minimum internal setbacks shall be imposed on detached townhouse and two-family developments that include more than one principal structure on a base lot:
A. Setback between buildings within the same base lot shall maintain a minimum separation of 15 feet.
B. Buildings shall be set back a minimum of 25 feet from public rights-of-way.
(3) Common areas. The following minimum requirements shall be observed in the R-2 District governing common areas:
(a) Ownership. All common areas within an R-2 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in one of the following manners:
1. Common interest community pursuant to M.S. Ch. 515B.
2. Detached townhouse and two-family base lot common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.
(b) A homeowners' association subject to review and approval of the City Council responsible for exterior building maintenance of two-family dwellings and common accessory buildings or structures, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.
(H) Development density. The maximum development density within the R-2 District shall be determined by the following minimum lot area per unit standards:
(1) Single-family dwellings. As provided for in this section.
(2) Detached townhouse and two-family dwellings. Five thousand square feet per unit.
(Ord. 251, passed 2-23-26)
§ 152.088 (R-3) TWO-FAMILY AND TOWNHOUSE RESIDENTIAL DISTRICT.
(A) Purpose. The purpose of the R-3 District is to establish a medium density residential neighborhood which satisfies the following planning objectives:
(1) Creation of a cohesive medium density neighborhood that provides attractive living environments and contributes to the city’s identity.
(2) Provide attractive and durable medium density housing options as a means of addressing the city’s life cycle housing needs.
(3) Preservation of natural landforms, open spaces, greenways for scenic enjoyment and recreational use through the regulation of medium density residential land use.
(4) Allows for the subdivision of two-family and townhouse base lots to permit individual private ownership of a single dwelling within such a structure.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the R-3 District:
(1) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(2) Residential facilities serving 16 or fewer persons.
(3) Townhouses, up to six units in a row or eight units back to back.
(4) Townhouses, detached.
(5) Two-family dwelling units.
(6) More than one principal building on a base lot.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the R-3 District.
(1) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this chapter and only those accessory buildings, structures, or fences owned and maintained by a homeowners' association shall be erected on a common base lot for detached townhouse or two-family dwellings.
(2) Fences.
(3) Solar energy systems, ground source heat pump systems and roof-mounted wind energy conversion systems (WCES) as regulated by § 152.066 of this chapter.
(4) Home occupations.
(5) Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.
(6) Signs.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the R-3 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Religious institutions, provided that the minimum side yard setbacks shall be 25 feet, the same as the front yard setback to public rights-of-way.
(2) More than one principal residential building on one lot of record, provided that the applicable provisions of division (G) of this section are satisfactorily met.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the R-3 District and are further governed by § 152.013 of this chapter.
(1) None.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the R-3 District by administrative permit:
(1) Essential services.
(2) Model homes.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(G) Lot requirements and setbacks. The following minimum requirements shall be observed in the R-3 District subject to additional requirements, exceptions and modifications set forth in this chapter.
(1) Detached townhouse, two-family and townhouse dwellings.
(a) Unit lots. The following minimum unit lot requirements shall be applied to the subdivision of detached townhouse, two-family or townhouse dwellings to permit individual private ownership of a single dwelling within such a structure.
1. Lot area. Detached townhouse, two-family or townhouse unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units.
(b) Base lot setbacks. A minimum setback of 30 feet shall be required at the periphery of the base lot development in the rear yard.
(c) Building setbacks. The following minimum internal setbacks shall be imposed on developments that include more than one principal structure on a base lot:
1. Minimum setback between buildings within the same base lot.
A. Detached townhouse and two-family: 15 feet.
B. Townhouse: 20 feet.
2. Buildings shall be set back a minimum of 25 feet from the back of curb line of private drives, 25 feet from public rights-of-way, and 15 feet from guest parking areas.
(2) Lot coverage: 50%.
(3) Maximum building height.
(a) Principal building: 35 feet or three stories, whichever is less.
(b) Accessory buildings: 20 feet.
(I) Common areas. The following minimum requirements shall be observed in the R-3 District governing common areas.
(1) Ownership. All common areas within an R-3 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in one of the following manners:
(a) Common interest community pursuant to M.S. Ch. 515B.
(b) Detached townhouse, two-family and townhouse base lot common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.
(2) A homeowners’ association subject to review and approval of the City Council responsible for exterior building maintenance of two-family and townhouse dwellings and common accessory buildings or structures, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.
(J) Development density. The maximum development density within the R-3 District shall be determined by the following minimum lot area per unit standards:
(1) Detached townhouse and two-family dwellings: 5,000 square feet per unit.
(2) Attached townhouse dwellings: 3,800 square feet per unit.
(K) Design and construction standards.
(1) The provisions of this section shall apply to all detached townhouse dwellings, two-family dwellings platted in a unit and base lot configuration, and townhouse dwellings. Single-family dwellings are exempt from the requirements of this section.
(2) Unit construction.
(a) Subdivision requests. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance with § 152.063 of this chapter.
(b) Decks or porches. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches.
(c) Exterior building finish, detached townhouse dwelling, two-family, and townhouse dwelling units. The exterior of detached townhouse, two-family and townhouse dwelling units shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance.
(3) Garages.
(a) Each dwelling unit shall include an attached garage.
(b) Garages shall comply with the following minimum size standards:
1. For dwellings with basements: 440 square feet.
2. For dwellings without basements: 480 square feet.
3. Garages shall be a minimum of 20 feet in width measured by interior dimensions.
(c) The area of an attached garage shall be measured by interior dimensions.
(4) Outside storage. Outside storage shall be allowed only in designated areas which are screened in accordance with § 152.058 of this chapter and under the ownership of the property owners’ association subject to other applicable provisions of this chapter.
(5) Utilities.
(a) Underground or exterior service. All utilities serving an R-3 District subdivision, including telephone, electricity, gas and tele-cable shall be installed underground. Exterior utility meters and/or fixtures shall be located in interior side or rear yards when possible.
(b) Public utility service. Separate public utility services shall be provided to each unit unless exempted by the city.
(c) Water connection. Individual unit shutoff valves shall be provided.
(d) Sewer connection. Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the property owners’ association or owners.
(5) Drives.
(a) Dead end private drives shall serve a maximum of one structure or six units per side.
(b) Private drives shall be under the ownership and control of the property owners’ association who shall be responsible for the maintenance, repair, and replacement of surfacing. The association shall maintain a capital improvement program for the driveways under its ownership.
(c) Private drives must include areas for snow storage.
(d) Private drives shall be a minimum of 24 feet in width (back of curb to back of curb) and shall be posted as no parking zones on both sides of the drive.
(7) Guest parking.
(a) Number of spaces.
1. At minimum, one-half of guest parking spaces per unit shall be provided in an off-street parking lot or private drive at locations dispersed within the development to provide convenient access to individual dwelling units.
2. Detached townhouse uses accessed by public streets shall be exempt from the requirement to provide guest parking stalls.
(b) The design and location of the off-street parking shall be between or to the side of buildings in a manner compatible with surrounding dwelling units, including, but not limited to, a minimum 15-foot setback from principal buildings, decks, patios or other open spaces intended for active use.
(8) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to § 152.030 of this chapter. The landscaping and screening shall address the following:
(a) All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, fountains, decorative walks or other similar site design features.
(b) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure.
(c) Buffer yard landscaping for yards bordering major collector and arterial streets.
(d) All boulevards shall be sodded.
(e) Screening of designated outdoor storage areas.
(f) All landscaped areas, including public rights of way adjacent to the property, shall have an inground irrigation system with an automatic controller.
(Ord. 251, passed 2-23-26)
§ 152.089 (R-4) MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. The purpose of the R-4 District is to provide for high density housing in multiple-family structures and directly related complementary uses at appropriate locations within the city.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the R-4 District:
(1) Multiple-family dwelling structures.
(2) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(3) Residential facilities serving 16 or fewer persons.
(4) Senior housing.
(5) Nursing home, assisted or continuing care retirement community.
(6) Townhouses, up to eight units in a row or 12 units back-to-back.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the R-4 District:
(1) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this chapter and only those accessory buildings, structures, or fences owned and maintained by a homeowners’ association shall be erected on a common base lot for detached townhouse or two-family dwellings.
(2) Fences.
(3) Solar energy systems, ground source heat pump systems and roof-mounted wind energy conversion systems (WCES) as regulated by § 152.066 of this chapter.
(4) Home occupations.
(5) Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.
(6) Signs.
(7) Administrative offices, meeting rooms, classrooms, and food preparation in multiple-family dwellings which are incidental and directly related to the primary use.
(8) Private garages, off-street parking and off-street loading for multiple-family dwellings.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the R-4 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter:
(1) Religious institutions, provided that the minimum side yards shall be 25 feet, the same as the front yard setback to public rights-of-way.
(2) More than one principal residential building on one lot of record, provided that the applicable provisions of division (H) of this section are satisfactorily met.
(3) Daycare as an accessory use.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the R-4 District and are further governed by § 152.013 of this chapter:
(1) None.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the R-4 District by administrative permit:
(1) Essential services.
(2) Model homes.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(G) Lot requirements and setbacks. The following minimum requirements shall be observed in the R-4 District subject to additional requirements, exceptions and modifications set forth in this chapter:
(1) Base lot minimums. Within the R-4 District, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of division (I) of this section prior to subdivision of unit lots.
(a) Lot area: 20,000 square feet.
(b) Lot width: 100 feet.
(2) Two-family and townhome dwellings. The following minimum unit lot requirements shall be applied to the subdivision of two-family dwellings or townhouses to permit individual private ownership of a single dwelling within such a structure:
(a) Lot area. Two-family or townhouse unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units.
(3) Base lot setbacks. A minimum setback of 30 feet shall be required at the periphery of the base lot development in the rear yard.
(4) Building setbacks. The following minimum internal setbacks shall be imposed on developments that include more than one principal structure on a base lot:
(a) Minimum setback between buildings within the same base lot.
1. Two-family: 15 feet.
2. Townhouse: 20 feet.
3. Multiple-family, senior housing and nursing homes: 25 feet.
(b) Buildings shall be set back a minimum of 25 feet from the back of curb line of private drives, 20 feet from public rights-of-way and 15 feet from parking areas.
(5) Lot coverage: 50% for two-family and townhouse and 60% for multiple-family and senior housing.
(6) Maximum building height.
(a) Principal building: four stories or 45 feet, whichever is less.
(b) Accessory buildings: 20 feet.
(H) Common areas. The following minimum requirements shall be observed in the R-4 District governing common areas:
(1) Ownership. All common areas within an R-4 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in one of the following manners:
(a) Condominium ownership pursuant to M.S. § 515A.1-106.
(b) Two-family and townhouse subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.
(2) A homeowners’ association subject to review and approval of the City Council responsible for exterior building maintenance of two-family dwellings, townhouse dwellings, and common accessory buildings or structures, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.
(I) Development density. The maximum development density within the R-4 District shall be determined by the following minimum lot area per unit standards:
(1) Townhouse dwellings: 3,800 square feet per unit.
(2) Multiple-family dwellings:
(a) One thousand five hundred square feet per unit.
(b) Buildings on lots abutting an R-1 or R-2 District shall not exceed a floor area ratio of seven-tenths.
(3) Senior assisted living or continuing care retirement communities and nursing homes: 1,000 square feet per unit.
(4) Two-family dwellings: 5,000 square feet per unit.
(J) Design and construction standards.
(1) Design and construction standards for two-family and townhouse dwellings shall be as specified in § 152.088(K) of this chapter.
(2) The exterior of multiple-family dwelling structures, senior housing and nursing homes shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple-family dwelling structures shall comply with the following requirements:
(a) A minimum of 50% of the combined area of all elevations of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone.
(b) For the purposes of this section, the area of the building elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
(Ord. 251, passed 2-23-26)
§ 152.090 (C-1) HIGHWAY BUSINESS DISTRICT.
(A) Purpose. The purpose of the C-1 District is to provide appropriate areas in proximity to arterial and collector roadways for commercial retail and service establishments that are motor vehicle oriented and not compatible with the desired character of the downtown.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the C-1 District:
(1) Commercial establishments which are oriented to the motorist, such as motor vehicle fuel stations and convenience stores, motor vehicle repair shops and car washes.
(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) Religious institutions.
(9) Off-liquor sales.
(10) Daycare facilities.
(11) Funeral homes and mortuaries.
(12) Veterinary clinic, animal care, animal shelter, pet daycare, pet training, or animal hospital.
(13) Bank, savings and loan, savings credit unions and other financial institutions.
(14) Commercial recreation, indoor.
(15) Restaurants without a drive through service window.
(16) Restaurants with on-sale liquor.
(17) Hotels and motels.
(18) Private clubs or lodges serving food and beverages with on-sale liquor.
(19) Off-street parking as a principal use.
(20) Retail businesses.
(21) Service businesses.
(22) Tattoo parlors.
(23) Fitness centers and health clubs.
(24) Brewpub.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the C-1 District:
(1) Roof-mounted wind energy conversion systems (WECS) as regulated by § 152.066 of this chapter.
(2) Ground source heat pump systems as regulated by § 152.066 of this chapter.
(3) Roof or building mounted, ground mounted and community solar energy systems as regulated by § 152.066 of this chapter.
(4) Buildings and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor space of the principal use.
(5) Fences as regulated by § 152.057 of this chapter.
(6) Signs as regulated by § 152.071 of this chapter.
(7) Off-street loading as regulated by § 152.068 of this chapter.
(8) Off-street parking as regulated by § 152.067 of this chapter, including semitrailer trucks.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the C-1 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Wind energy conversion systems (WECS) mounted on a tower.
(2) Restaurants with a drive through service window. Restrictions include:
(a) No drive through restaurant shall be located within 300 feet of a school or religious institution.
(b) No drive through restaurant shall be located within 100 feet of any residentially zoned property, provided:
1. No public address system shall be audible from any residential zone.
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 through restaurant 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) Automobile repair provided that:
(a) Not less than 25% of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan.
(b) The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system and is subject to the approval of the City Engineer.
(c) The hours of operation shall be between 7:00 a.m. and 8:00 p.m. Evening hours of operation shall be subject to the approval by the city.
(d) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
(4) Commercial car washes (drive-through, mechanical and self-service) provided that:
(a) A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building.
(b) Magazine or stacking space is constructed to accommodate six vehicles per wash stall and shall be subject to the approval of the City Engineer.
(c) Magazine or stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas.
(d) Parking or car magazine storage space shall be screened from view of abutting residential districts.
(e) For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle.
(f) For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel.
(g) Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed 70 dB.
(h) Untreated water from the car wash shall not be discharged into the storm sewer.
(i) Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city.
(5) Commercial recreation, outdoor.
(6) Motor vehicle fuel sales with or without convenience grocery and/or prepared food.
(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.
(c) Wherever fuel stations are to be installed, station islands shall be installed.
(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.
(7) Motor vehicle sales, including new and used automobiles, trucks, motorcycles, recreational vehicles and equipment, boats and marine sales, and/or rental of the vehicles and equipment provided that:
(a) The areas for parking, storage, or display of vehicles for sale or rental are fenced or screened from view of neighboring residential uses or an abutting residential district.
(b) The area for parking, storage, or display of vehicles for sales or rental is surfaced with bituminous material or concrete.
(c) The area for parking, storage, or display of vehicles for sales or rental does not take up parking space as required for conformity to this chapter.
(d) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise allowed by the city.
(e) Accessory automobile repair shall require the processing of a separate conditional use permit(s).
(8) Pet shops which may include pet grooming, pet supplies, and/or pet accessories, provided that:
(a) All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties or tenants in the case of multiple-occupancy buildings.
(b) Animal wastes are disposed of at least once each day via an existing sanitary sewer system or enclosed in a container of sufficient construction at least once a day to minimize odors.
(c) The floors and walls of pet grooming areas are made of nonporous materials or sealed concrete to make them nonporous.
(d) No commercial boarding or kenneling of animals shall be allowed.
(e) The breeding of cats and dogs is prohibited unless expressly allowed by the conditional use permit.
(f) All animals to be sold are acquired from a licensed animal broker.
(9) Theaters, indoor.
(10) Veterinary clinics provided that:
(a) All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties.
(b) Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.
(c) Animal kennels for dogs, cats and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be provided to adequately separate animals that are sick or injured from healthy animals.
4. All animal waste shall be disposed of at least once per day to prevent a public nuisance by being flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms that shall be emptied by a waste disposal service a minimum of two times every seven days, or as otherwise determined to be necessary to protect public health, safety and welfare.
5. A ventilation system shall be provided capable of completely exchanging internal air.
6. Within a multiple tenant building, there shall be adequate physical separation, including soundproofing, between the kennel and other individual tenant spaces to protect public health and safety and prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single occupancy building only, subject to the following requirements:
A. The property shall be set back a minimum of 500 feet from any residential district.
B. The outdoor exercise area shall be located only within an interior side yard or rear yard.
C. The outdoor exercise area shall be set back a minimum of 15 feet from all lot lines.
D. A solid fence with a minimum height of six feet shall be provided to screen the outdoor exercise area from surrounding properties and public rights-of-way.
E. An attendant shall be present at all times to control animals that are outdoors and prevent nuisance issues including, but not limited to, noise.
F. No animals shall be allowed to be outdoors between the hours of 10:00 p.m. and 6:00 a.m.
(11) Micro-distilleries with tasting rooms.
(12) Small breweries with taprooms.
(13) Multiple principal buildings on one lot of record.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the C-1 District and are further governed by section § 152.013 of this chapter:
(1) Outdoor service, sale and rental as an accessory use, provided that:
(a) Outside services, sales and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.
(c) Sales area is surfaced with asphalt, concrete or pavers to control dust.
(d) The use does not take up parking space as required for conformity to this chapter.
(e) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 152.013 of this chapter.
(2) Outdoor storage as an accessory use, provided that:
(a) Outside storage connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right-of-way.
(c) The storage area is surfaced with asphalt, concrete or pavers to control dust.
(d) The storage area does not take up parking space as required for conformity with this chapter.
(e) The storage does not include any waste.
(f) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council.
(3) Cannabis businesses including cannabis retail and cannabis delivery as regulated by Chapter 115 of the Mayer, Minnesota Code of Ordinances.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the C-I District by administrative permit:
(1) Daycare accessory to a principal use.
(2) Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that:
(a) The area so occupied shall not exceed 10% of the principal building.
(b) No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.
(c) The outdoor sales, rental, or display area shall not occupy space required for parking.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(4) Essential services.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the C-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area: 20,000 square feet.
(2) Lot width: 100 feet.
(3) Front yard setback: 20 feet.
(4) Side yard setback: 20 feet or 30 feet abutting a residential district.
(5) Side yard setback abutting public right-of-way: 20 feet.
(6) Rear yard setback: 30 feet.
(7) Lot coverage: 75%.
(8) Maximum building height.
(a) Principal building: 40 feet.
(b) Accessory buildings: 20 feet.
(Ord. 251, passed 2-23-26)
§ 152.091 (C-2) CENTRAL BUSINESS DISTRICT.
(A) Purpose. The purpose of the C-2 District is 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 and specifically for the regulation of high intensity commercial uses. The C-2 District shall encourage the continuation of a viable downtown by promoting uses dependent on high volumes of pedestrian traffic, 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 green space in the downtown. The C-2 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.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the C-2 District:
(1) Retail businesses. (grocery store, hardware, drug, clothing, furniture, eating and drinking places).
(2) Service businesses (laundry, barber, shoe repair, beauty salon, photography studio).
(3) Professional services (medical, dental, attorney).
(4) Insurance and real estate services.
(5) Repair services (jewelry, radio/television, but not auto repair).
(6) Bank, savings and loan, savings credit unions and other financial institutions.
(7) Banquet facilities with on-sale liquor.
(8) Commercial recreation, indoor.
(9) Tattoo parlors.
(10) Restaurants without a drive through service window.
(11) Daycare.
(12) Funeral homes and mortuaries.
(13) Governmental and public buildings and structures.
(14) Hotels.
(15) Offices and administrative facilities.
(16) Private clubs or lodges serving food and beverages with on-sale liquor.
(17) Restaurants, general with on-sale liquor.
(18) Brewpub.
(19) Off-street parking as a principal use.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the C-2 District.
(1) Roof-mounted wind energy conversion systems (WECS) as regulated by § 152.066 of this chapter.
(2) Roof or building mounted, ground mounted and community solar energy systems as regulated by § 152.066 of this chapter.
(3) Ground source heat pump systems as regulated by § 152.066 of this chapter.
(4) Buildings and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor space of the principal use.
(5) Fences as regulated by § 152.057 of this chapter.
(6) Signs as regulated by § 152.071 of this chapter.
(7) Off-street loading as regulated by § 152.068 of this chapter.
(8) Off-street parking as regulated by § 152.067 of this chapter, including semitrailer trucks.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the C-2 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Motor vehicle fuel sales with or without convenience grocery and/or prepared food, 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.
(c) Wherever fuel stations are to be installed, station islands shall be installed.
(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) Multiple-family dwellings within a building provided that:
(a) The residential dwelling units shall be located on the second floor or above and shall not be located on the main or street level story of the structure.
(b) Off-street parking for the dwelling units shall be provided as required in § 152.067 of this chapter.
(c) An internal site pedestrian circulation system consisting of sidewalks shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles clear of any obstacles or impediments.
(d) Stair access to the residential dwelling units shall not be located on any side of the structure which faces a public right-of-way except for alleys.
(e) 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.
(3) Off-street parking as a principal use.
(4) Multiple principal buildings on one lot of record.
(5) Drive-through service windows accessory to an allowed use, other than for convenience restaurants, provided that the following additional criteria are satisfied:
(a) Stacking. Segregated automobile stacking lane sufficient for the traffic generated by the use shall be provided for the service window.
(b) Traffic control. The stacking lane and its access shall be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site.
(c) Use of street. No part of the public street or boulevard shall be used for stacking of automobiles.
(d) Screening. The drive through service window and stacking lane shall be screened from view of adjacent residential properties.
(6) Fitness centers limited to 2,000 square feet of gross floor area or less provided that:
(a) Adequate off-street parking shall be provided in compliance with § 152.067 of this chapter.
(b) Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. unless otherwise allowed by the City Council.
(7) Religions institutions.
(8) Theaters, indoor.
(9) Micro-distilleries with tasting rooms.
(10) Small breweries and taprooms.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the C-2 District and are further governed by § 152.013 of this chapter.
(1) Cannabis businesses including cannabis retail as regulated by Chapter 115 of the Mayer, Minnesota Code of Ordinances.
(2) Outdoor service, sale and rental as an accessory use, provided that:
(a) Outside services, sales and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.
(c) Sales area is surfaced with asphalt, concrete or pavers to control dust.
(d) The use does not take up parking space as required for conformity to this chapter.
(e) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 152.013 of this chapter.
(3) Outdoor storage as an accessory use, provided that:
(a) Outside storage connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right-of-way.
(c) The storage area is surfaced with asphalt, concrete or pavers to control dust.
(d) The storage area does not take up parking space as required for conformity with this chapter.
(e) The storage does not include any waste.
(f) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council.
(4) Single-family dwellings existing as of February 23, 2026, provided that:
(a) The use shall be subject to the requirements applicable to single-family detached dwelling uses within the R-2 District.
(b) The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the C-2 District.
(H) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the C-2 District by administrative permit:
(1) Daycare accessory to a principal use.
(2) Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that:
(a) The area so occupied shall not exceed 10% of the principal building.
(b) No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.
(c) The outdoor sales, rental, or display area shall not occupy space required for parking.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(4) Essential services.
(I) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the C-2 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
(1) Lot area: 7,500 square feet.
(2) Lot width: 50 feet.
(3) Front yard setback: None.
(4) Side yard setback: None.
(5) Side yard setback abutting public right of way: None.
(6) Rear yard setback: None.
(7) Lot coverage: None.
(8) Maximum building height.
(a) Principal building: 40 feet or four stories, whichever is less.
(b) Accessory buildings: 20 feet.
(J) Design standards. The following special requirements shall apply to those uses in the C-2 District in addition to the requirements listed in § 152.063 of this chapter.
(1) Intent. 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. All property located within this district shall be subject to all other applicable standards, procedures and regulations as specified within the Mayer, Minnesota Code of Ordinances. Where the provisions of the C-2 District and the other portions of the Mayer Code of Ordinances are in conflict, the more stringent requirement shall apply.
(2) Permitted, accessory, conditional, interim and administrative uses. All buildings, structures, land or premises shall be used, erected, constructed, reconstructed moved or altered according to the uses identified or described in this section:
(3) Lot and setback requirements.
(a) Minimum setbacks. No front yard, side yard or rear yard setbacks shall be required except as provided elsewhere in this section provided that the structure meets the following requirements:
1. Structures must be designed to prevent snow, ice and other precipitation from falling on any public sidewalk.
2. 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.
3. 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.
(b) Parking and paving setbacks.
1. None, unless adjoining a residential district, then 15 feet.
2. All off-street loading berths shall be a minimum of ten feet from any residential district.
(4) 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.
(5) 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:
(a) Accent materials.
(b) A visually pleasing front entry that, in addition to doors, shall be accented by a minimum of 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).
(c) 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.
(d) Contrasting, yet complementary material colors (not painted).
(e) A combination of horizontal and vertical design features.
(f) Varying wall depths.
(6) Design elements.
(a) 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.
(b) Flat roofs must have parapets and sloped roofs must be sloped a minimum of 4/12 roof pitch.
(7) 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.
(8) Colors. Colors are an important element of the overall design concept for the C-2 District and should be complementary to the historical palette of the C-2 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.
(a) The predominant exterior colors shall be muted earth tones.
(b) Trim and detail colors should provide contrasting accent. The number of accent colors should be limited to prevent a gaudy appearance.
(c) Colors should represent the architectural style of the building.
(d) Materials with natural colors such as brick or copper should be left unfinished unless there is a compelling reason to the contrary.
(e) 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.
(f) Doors, screening walls, or other architectural features should be painted or finished to complement the color of the building.
(9) 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.
(a) Awnings cannot extend across multiple storefronts and/or multiple buildings, unless the multiple buildings are used to operate the same use.
(b) Awnings must be constructed of durable, protective, and water repellant materials.
(c) Replacement of existing awnings must meet the requirements of divisions (J)(9)(a) and (J)(9)(b) of this section.
(10) Expansions, exterior renovations and exceptions.
(a) 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.
1. 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.
2. 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.
(b) 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 City Council that the proposed building meets three or more of the following standards:
1. The building shall be an accessory structure.
2. The building shall not be occupied by personnel.
3. The building shall be used to house materials, parts, or equipment that would otherwise constitute open storage.
4. The building shall be generally not visible from arterial or collector roadway corridors, as defined by the city.
5. The landscaping of the area surrounding the location shall provide natural visual barriers to the building.
6. 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.
7. 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 City Council.
(c) 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 § 152.010 of this chapter. 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 who provides a recommendation to the City Council for action.
(11) Site plan review required. No building permit shall be issued for construction, expansion or remodeling in the C-2 District until a site plan review, pursuant to § 152.015 of this chapter has been approved by the City Council to determine that the use and development is consistent with the requirements of this section.
(Ord. 251, passed 2-23-26)
§ 152.092 (C-I) COMMERCIAL-INDUSTRIAL DISTRICT.
(A) Purpose. The purpose 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. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the C-I District:
(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) Wholesale businesses.
(3) Uses permitted in C-1 Highway Business District.
(4) Offices and administrative facilities.
(5) Manufacturing.
(6) Warehousing including self-storage or mini-storage facilities.
(7) Veterinary clinic, animal care, animal shelter, pet daycare, pet training, or animal hospital.
(8) Funeral homes and mortuaries.
(9) Instructional classes.
(10) Automobile repair.
(11) Building materials sales.
(12) Commercial catering businesses.
(13) Commercial printing establishments.
(14) Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
(15) Governmental and public buildings and structures.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the C-I District:
(1) Buildings and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor space of the principal use.
(2) Fences as regulated by § 152.057 of this chapter.
(3) Off-street loading as regulated by § 152.068 of this chapter.
(4) Off-street parking as regulated by § 152.067 of this chapter, including semitrailer trucks.
(5) Outdoor storage and parking of land/sea containers and semi-tractor trailers as regulated by § 152.058 of this chapter.
(6) Signs as regulated by § 152.071 of this chapter.
(7) Roof-mounted wind energy conversion systems (WECS) as regulated by § 152.066 of this chapter.
(8) Ground source heat pump systems as regulated by § 152.066 of this chapter.
(9) Roof or building mounted, ground mounted and community solar energy systems as regulated by § 152.066 of this chapter.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the C-I District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Multiple principal buildings on one lot of record.
(2) Animal kennels for dogs, cats and other domestic animals provided that:
(a) The facility shall be licensed in accordance with the rules of the Minnesota Board of Animal Health.
(b) Indoor animal kennel floors and walls shall be made of nonporous materials or sealed to make it nonporous.
(c) A room or cage separate from the primary kennel area shall be provided to adequately separate animals that are sick or injured from healthy animals.
(d) All animal waste shall be disposed of at least once per day to prevent a public nuisance by being flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms that shall be emptied by a waste disposal service a minimum of two times every seven days, or as otherwise determined to be necessary to protect public health, safety and welfare.
(e) A ventilation system shall be provided capable of completely exchanging internal air.
(f) Within a multiple tenant building, there shall be adequate physical separation, including soundproofing, between the kennel and other individual tenant spaces to protect public health and safety and prevent nuisance issues.
(g) Outdoor exercise areas shall be allowed for a kennel within a single occupancy building only, subject to the following requirements:
1. The property shall be set back a minimum of 500 feet from any residential district.
2. The outdoor exercise area shall be located only within an interior side yard or rear yard.
3. The outdoor exercise area shall be set back a minimum of 15 feet from all lot lines.
4. A solid fence with a minimum height of six feet shall be provided to screen the outdoor exercise area from surrounding properties and public rights-of-way.
5. An attendant shall be present at all times to control animals that are outdoors and prevent nuisance issues including, but not limited to, noise.
6. No animals shall be allowed to be outdoors between the hours of 10:00 p.m. and 6:00 a.m.
(3) Automobile repair provided that:
(a) Not less than 25% of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan.
(b) The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system and is subject to the approval of the City Engineer.
(c) The hours of operation shall be between 7:00 a.m. and 8:00 p.,. Evening hours of operation shall be subject to the approval by the city.
(d) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
(4) Commercial towers as regulated by § 152.065 of this chapter.
(5) Motor vehicle fuel sales with or without convenience grocery and/or prepared food, 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.
(c) Wherever fuel stations are to be installed, station islands shall be installed.
(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.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the C-I District and are further governed by § 152.013 of this chapter:
(1) Outdoor service, sale and rental as an accessory use, provided that:
(a) Outside services, sales and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.
(c) Sales area is surfaced with asphalt, concrete or pavers to control dust.
(d) The use does not take up parking space as required for conformity to this chapter.
(e) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 152.013 of this chapter.
(2) Cannabis businesses including cannabis cultivation, cannabis manufacturer, hemp manufacturer, wholesale, cannabis retail, cannabis transportation and cannabis delivery as regulated by Chapter 115 of the Mayer, Minnesota Code of Ordinances.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the C-I District by administrative permit:
(1) Daycare accessory to a principal use.
(2) Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that:
(a) The area so occupied shall not exceed 10% of the principal building.
(b) No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.
(c) The outdoor sales, rental, or display area shall not occupy space required for parking.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(4) Essential services.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the C-I District subject to the additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area: 15,000 square feet.
(2) Lot width: 100 feet.
(3) Front yard setback: 30 feet.
(4) Side yard setback: 20 feet or 30 feet abutting a residential district.
(5) Side yard setback abutting public right-of-way: 30 feet.
(6) Rear yard setback: 30 feet.
(7) Residential district setback: 50 feet.
(8) Lot coverage: 85%.
(9) Maximum building height.
(a) Principal building: 40 feet.
(b) Accessory buildings: 20 feet.
(H) Design standards. The following special requirements shall apply to those uses in the C-I District in addition to the requirements listed in § 152.063 of this chapter.
(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 by the Planning Commission and approval by the City Council.
(5) Outside 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 § 152.058 of this chapter, 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. 251, passed 2-23-26)
§ 152.093 (I-1) LIGHT INDUSTRIAL DISTRICT.
(A) Purpose. The purpose of the I-1 District is to provide for the establishment of warehousing and light industrial development. The overall character of the I-1 District is intended to have an office/warehouse character, thus industrial uses allowed in this district shall be limited to those which can compatibly exist adjacent to both lower intensity business uses and high intensity manufacturing uses.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the I-1 District:
(1) Automobile repair.
(2) Building materials sales.
(3) Commercial catering businesses.
(4) Commercial printing establishments.
(5) Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
(6) Distribution facility.
(7) Governmental and public utility buildings and structures.
(8) Indoor firearm and archery ranges.
(9) Instructional classes.
(10) Laboratories, research and development facilities.
(11) Manufacturing.
(12) Offices and administrative facilities.
(13) Transportation terminals.
(14) Warehousing, including self-storage or mini-storage facilities.
(15) Wholesale businesses.
(16) Data centers.
(17) Breweries and small breweries.
(18) Distilleries and micro-distilleries.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the I-1 District:
(1) Buildings and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor space of the principal use.
(2) Fences as regulated by § 152.057 of this chapter.
(3) Off-street loading as regulated by § 152.068 of this chapter.
(4) Off-street parking as regulated by § 152.067 of this chapter, including semitrailer trucks.
(5) Outdoor storage and parking of land/sea containers and semi- tractor trailers as regulated by § 152.058 of this chapter.
(6) Signs as regulated by § 152.071 of this chapter.
(7) Sexually oriented uses, accessory, as regulated by Chapter 114 of the Mayer, Minnesota Code of Ordinances.
(8) Roof-mounted wind energy conversion systems (WECS) as regulated by § 152.066 of this chapter.
(9) Ground source heat pump systems as regulated by § 152.066 of this chapter.
(10) Roof or building mounted, ground mounted and community solar energy systems as regulated by § 152.066 of this chapter.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the I-1 District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Multiple principal buildings on one lot of record.
(2) Animal kennels for dogs, cats and other domestic animals provided that:
(a) The facility shall be licensed in accordance with the rules of the Minnesota Board of Animal Health.
(b) Indoor animal kennel floors and walls shall be made of nonporous materials or sealed to make it nonporous.
(c) A room or cage separate from the primary kennel area shall be provided to adequately separate animals that are sick or injured from healthy animals.
(d) All animal waste shall be disposed of at least once per day to prevent a public nuisance by being flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms that shall be emptied by a waste disposal service a minimum of two times every seven days, or as otherwise determined to be necessary to protect public health, safety and welfare.
(e) A ventilation system shall be provided capable of completely exchanging internal air.
(f) Within a multiple tenant building, there shall be adequate physical separation, including soundproofing, between the kennel and other individual tenant spaces to protect public health and safety and prevent nuisance issues.
(g) Outdoor exercise areas shall be allowed for a kennel within a single occupancy building only, subject to the following requirements:
1. The property shall be set back a minimum of 500 feet from any residential district.
2. The outdoor exercise area shall be located only within an interior side yard or rear yard.
3. The outdoor exercise area shall be set back a minimum of 15 feet from all lot lines.
4. A solid fence with a minimum height of six feet shall be provided to screen the outdoor exercise area from surrounding properties and public rights-of-way.
5. An attendant shall be present at all times to control animals that are outdoors and prevent nuisance issues including, but not limited to, noise.
6. No animals shall be allowed to be outdoors between the hours of 10:00 p.m. and 6:00 a.m.
(3) Automobile repair provided that:
(a) Not less than 25% of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan.
(b) The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system and is subject to the approval of the City Engineer.
(c) The hours of operation shall be between 7:00 a.m. and 8:00) p.m. Evening hours of operation shall be subject to the approval by the city.
(d) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
(4) Commercial towers as regulated by § 152.065 of this chapter.
(5) Sexually oriented uses, principal, as regulated by Chapter 114 of the Mayer, Minnesota Code of Ordinances.
(6) Data centers.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the I-1 District and are further governed by § 152.013 of this chapter.
(1) Outdoor service, sale and rental as an accessory use, provided that:
(a) Outside services, sales and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
(b) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.
(c) Sales area is surfaced with asphalt, concrete or pavers to control dust.
(d) The use does not take up parking space as required for conformity to this chapter.
(e) The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 152.013 of this chapter.
(2) Solar farms as regulated by § 152.066 of this chapter.
(3) Cannabis businesses including cannabis cultivation, cannabis manufacturer, hemp manufacturer, wholesale, cannabis transportation and cannabis delivery as regulated by Chapter 115 of the Mayer, Minnesota Code of Ordinances.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the I-I District by administrative permit:
(1) Daycare accessory to a principal use.
(2) Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that:
(a) The area so occupied shall not exceed 10% of the principal building.
(b) No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.
(c) The outdoor sales, rental, or display area shall not occupy space required for parking.
(3) Temporary structures as regulated by § 152.052 of this chapter.
(4) Essential services.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the I-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area: 30,000 square feet.
(2) Lot width: 120 feet.
(3) Front yard setback: 40 feet.
(4) Side yard setback: 30 feet or 50 feet abutting a residential district.
(5) Side yard setback abutting public right-of-way: 30 feet.
(6) Rear yard setback: 30 feet.
(7) Residential district setback: 50 feet.
(8) Lot coverage: 85%.
(9) Maximum building height.
(a) Principal building: 50 feet or four stories, whichever is less.
(b) Accessory buildings: 25 feet.
(Ord. 251, passed 2-23-26)
§ 152.094 (P-I) PUBLIC-INSTITUTIONAL DISTRICT.
(A) Purpose. It is intended that the P-I District provide for a specific zoning district allowing facilities devoted to serving the public and opportunities for government facilities, schools, churches, hospitals, libraries, parks and other similar public and institutional uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located along arterial or major collector streets with full availability of urban services.
(B) Permitted uses. In addition to other uses specifically identified elsewhere in this chapter, the following uses are permitted in the P-I District:
(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, religious institutions, cultural and educational facilities, and uses, libraries, fire stations, hospitals, health facilities, and emergency medical facilities.
(3) Communication towers, subject to requirements in § 152.065 of this chapter.
(4) Parks, trails, play fields, playgrounds and directly related buildings and structures.
(C) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in the P-I District:
(1) Roof-mounted wind energy conversion systems (WECS) as regulated by § 152.066 of this chapter.
(2) Ground source heat pump systems as regulated by § 152.066 of this chapter.
(3) Roof or building mounted, ground mounted and community solar energy systems as regulated by § 152.066 of this chapter.
(4) Accessory uses and buildings incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this section.
(5) Fences as regulated by § 152.057 of this chapter.
(6) Signs as regulated by § 152.071 of this chapter.
(7) Roof-mounted wind energy conversion systems (WECS).
(8) Ground source heat pump systems.
(D) Conditional uses. In addition to other uses specifically identified elsewhere in this chapter, the following are conditional uses in the P-I District and require a conditional use permit based upon procedures set forth in and regulated by § 152.012 of this chapter.
(1) Wind energy conversion systems (WECS) mounted on a tower as regulated by § 152.066 of this chapter.
(2) Automobile parking lots, City of Mayer only, as a principal use.
(3) Public civic auditoriums, indoor recreation centers, arenas or other facilities, with an event seating capacity of more than 300 persons.
(E) Interim uses. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section, the following are interim uses in the P-I District and are further governed by §152.013 of this chapter:
(1) Solar farms as regulated by § 152.066 of this chapter.
(2) Temporary classroom type structure for use by public institutions.
(F) Uses by administrative permit. In addition to other uses specifically identified elsewhere in this chapter, and subject to applicable provisions of this section and performance standards established by this chapter, and processing requirements of § 152.016 of this chapter, the following are uses allowed in the P-I District by administrative permit:
(1) Essential services.
(2) Temporary structures as regulated by § 152.052 of this chapter.
(G) Lot requirements, setbacks and building height. The following minimum requirements shall be observed in the P-I District subject to the additional requirements, exceptions and modifications set forth in this chapter;
(1) Lot area: 20,000 square feet.
(2) Lot width: 100 feet.
(3) Front yard setback: 30 feet.
(4) Side yard setback: 30 feet.
(5) Side yard setback abutting public right-of-way: 30 feet.
(6) Rear yard setback: 30 feet.
(7) Lot coverage: 50%.
(8) Maximum building height.
(a) Principal building: 40 feet.
(b) Accessory buildings: 20 feet.
(H) Design standards. The architectural appearance and functional design of the building and site shall maintain a high standard of architectural and aesthetic compatibility with surrounding uses so as to positively reflect the desired community character. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.
(Ord. 251, passed 2-23-26)
§ 152.095 ZONING STANDARDS TABLE.
District | Minimum Lot Area or Lot Area Per Unit | Minimum Lot Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback | Maximum Building Height | Maximum Lot Coverage |
District | Minimum Lot Area or Lot Area Per Unit | Minimum Lot Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback | Maximum Building Height | Maximum Lot Coverage |
A-1 | 40 acres | 300 ft | 50 ft | 50 ft | 50 ft | 3 stories or 35 ft Farming related buildings: 50 ft | None |
R-1 | Interior: 10,500 sq ft | Interior: 80 ft | 30 ft | Interior: 10 ft | 30 ft | 3 stories or 35 ft | 35% |
Corner: 12,000 sq ft | Corner: 95 ft | Corner: 25 ft | |||||
R-2 | Interior: 8,400 sq ft | Interior: 65 ft | 25 ft | Interior: 7.5 ft | 30 ft | 3 stories or 35 ft | 40% |
Corner: 10,000 sq ft | Corner: 77.5 ft | Base lot: 25 ft | Corner: 20 ft | Base lot: 30 ft | Detached townhouse: 50%2 | ||
Detached townhouse: 5,00 sq ft/unit1 | Base lot detached townhouse & two-family: 7.5 ft | Two-family: 50%2 | |||||
Two-family: 5,000 sq ft/unit1 | Detached townhouse: 15 ft between buildings | ||||||
Two-family: 15 ft between buildings | |||||||
R-3
| Detached townhouse: 5,000 sq ft/unit1 | Public ROW: 25 ft
|
Base lot detached townhouse & two-family: 7.5 ft
|
Base lot: 30 ft
|
3 stories or 35 ft
| 50%2 | |
Two-family: 5,000 sq ft/unit1 | Base lot: 25 ft
|
Base lot townhouse: 10 ft.
| |||||
Townhouse: 3,800 sq ft/unit1 |
Private street curb: 25 ft
|
Detached townhouse: 15 ft between buildings
| |||||
Two-family: 15 ft between buildings
| |||||||
Townhouse: 20 ft between buildings | |||||||
R-4
|
Multiple-family: 20,000 sq ft
|
Multiple-family: 100 ft
|
Public ROW two-family & townhouse: 20 ft
|
Base lot two-family: 7.5 ft | Base lot: 30 ft | 3 stories or 35 ft | Two-family: 50%2 |
Senior: 20,000 sq ft
|
Senior: 100 ft
|
Public ROW multiple-family, senior & nursing homes: 30 ft
|
Base lot townhouse: 10 ft | Multiple-family: 4 stories or 45 ft | Townhouse: 50%2 | ||
Nursing homes: 20,000 sq ft
|
Nursing homes: 100 ft
|
Base lot two- family & townhouse: 25 ft
|
Base lot multiple- family, senior & nursing homes: 30 ft | Senior: 4 stories or 45 ft | Multiple- family: 60% | ||
Two-family: 5,000 sq ft/unit1 | Base lot multiple-family, senior & nursing homes: 35 ft
|
Two-family: 14 ft between buildings | Senior: 60% | ||||
Townhouse: 3,800 sq ft/unit1 | Private street curb two-family & townhouse: 25 ft
|
Townhouse: 20 ft between buildings | |||||
Multiple-family: 1,500 sq ft/unit1 | Private street curb multiple-family, senior & nursing homes: 35 ft
|
Multiple-family: 25 ft between buildings | |||||
Senior: 1,000 sq ft/unit1 | Senior: 25 ft between buildings | ||||||
Nursing homes: 1,000 sq ft/unit1 |
Nursing homes: 25 ft between buildings | ||||||
C-1 | 20,000 sq ft | 100 ft | 20 ft | Interior: 20 ft | 30 ft | 40 ft | 75% |
Corner: 30 ft | |||||||
Residential District: 30 ft | |||||||
C-2 | 7,500 sq ft | 50 ft | None | None | None | 40 ft | None |
C-I | 15,000 sq ft | 100 ft | 30 ft | Interior: 20 ft | 30 ft | 40 ft | 85% |
Corner 30 ft | |||||||
Residential District: 30 ft | |||||||
I-1 | 30,000 sq ft | 120 ft | 40 ft | Interior: 30 ft | 30 ft | 4 stories or 50 ft | 85% |
Corner: 30 ft | |||||||
Residential District: 40 ft | |||||||
P-1 | 20,000 sq ft | 100 ft | 30 ft | Interior: 30 ft | 30 ft | 40 ft | 50% |
Corner: 30 ft | |||||||
1 Minimum lot area per dwelling unit | |||||||
2 Lot coverage is to include both the base lot and unit lot. | |||||||
(Ord. 251, passed 2-23-26)
§ 152.096 (SL) SHORELAND OVERLAY DISTRICT.
(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) 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 § 152.097 of this chapter. 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.
(c) Canopies or roofs are not allowed on stairways, lifts, or landings.
(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) through (e) of this section 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 City 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 structure. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 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.
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 chapter are met.
(P) Stormwater management. Impervious surface coverage of lots shall not exceed 25% of the lot area.
(Ord. 251, passed 2-23-26)
§ 152.097 (FP) FLOODPLAIN MANAGEMENT OVERLAY DISTRICT.
(A) Statutory authorization, findings of fact and purpose.
(1) Statutory authorization. The legislature of the State of Minnesota has, in M.S. Ch. 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows.
(2) Purpose.
(a) This section regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health. safety, and general welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
(c) This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(B) General provisions.
(1) Lands to which this section applies. This section applies to all lands within the jurisdiction of the city within the boundaries of the floodway, flood fringe and general floodplain districts. The boundaries of these districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with division (C) of this section.
(a) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(b) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.
(c) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Appeals and Adjustments and to submit technical evidence.
(2) Incorporation of maps by reference.
(a) The following FIRMs together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this chapter. The attached material includes the Flood Insurance Study for Carver County, Minnesota, and Incorporated Areas, dated December 21, 2018 and the Flood Insurance Rate Map panels enumerated below, dated December 21, 2018, all prepared by the Federal Emergency Management Agency. These materials are on file at City Hall.
1. 27019C0043D.
2. 27019C0044D.
3. 27019C0063D.
(b) Future city growth areas extend on to the following FIRMs:
1. 27019C0045D.
2. 27019C0061D.
3. 27019C0160D.
4. 27019C0180D.
(3) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(4) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
(5) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.
(6) Definitions. For purposes of this section, definitions relating to floodplain management are located in § 152.005 of this chapter.
(7) Annexations. The Flood Insurance Rate Map panels adopted by reference in division (B)(2) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation.
(C) Establishment of floodplain districts.
(1) Districts.
(a) Floodway District. The Floodway District includes those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps adopted in division (B) of this section as well as other delineated lakes, wetlands and other basins, and are determined to be at or below the ordinary high-water level as defined in M.S. § 103G.005, subd. 14.
(b) Flood Fringe District. The Flood Fringe District includes areas within Zones AE on the Flood Insurance Rate Map adopted in division (B)(2) of this section, but located outside of the floodway. For lakes, wetlands and other basins within Zones A that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high-water level as defined in M.S. § 103G.005, subd. 14.
(c) [Reserved for General Floodplain District.]
(2) Applicability. Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in divisions (E) and (F) of this section will apply, depending on the location of a property. Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in division (E) of this section apply unless the floodway boundary is determined, according to the process outlined in division (N) of this section.
(D) Requirements for all Floodplain Districts.
(1) Permit required. A permit must be obtained from the City Administrator to verify if a development meets all applicable standards outlined in this section prior to conducting the following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this section.
(b) The construction of a dam, on-site septic system, or any fence not meeting the definition of farm fence outlined in § 152.005 of this chapter.
(c) The change or extension of a nonconforming use.
(d) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(e) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
(f) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.
(g) Any other type of development as defined in this section.
(2) Minimum development standards. All new construction and substantial improvements must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b) Constructed with materials and utility equipment resistant to flood damage.
(c) Constructed by methods and practices that minimize flood damage.
(d) Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) Flood capacity. Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(4) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
(5) Critical facilities, as defined in § 152.005 of this chapter, are to be located, so that the lowest floor is not less than two feet above the regional flood elevation, or the 500-year flood elevation, whichever is higher.
(E) Floodway District (FW).
(1) Permitted uses. The following uses, subject to the standards set forth in division (E)(2) below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district.
(a) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.
(b) Industrial-commercial loading areas, parking areas, and airport landing strips.
(c) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
(d) Residential yards, lawns, gardens, parking areas, and play areas.
(e) Railroads. streets. bridges. utility transmission lines and pipelines. provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.
(2) Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) The use must not involve structures or obstruct flood flows. The use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.
(c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(3) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in this section and further subject to the standards set forth in division (E)(4) below, if otherwise allowed in the underlying zoning district.
(a) Structures accessory to primary uses listed in division (E)(1)(a) through (c) above and primary uses listed in division (E)(3)(b) and (c) below.
(b) Grading, extraction. fill and storage of soil. sand, gravel, and other materials.
(c) Marinas, boat rentals, permanent docks, piers, wharves. water control structures, and navigational facilities.
(d) Storage yards for equipment. machinery, or materials.
(e) Fences that have the potential to obstruct flood flows.
(f) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) A conditional use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.
(b) Fill; storage of materials and equipment.
1. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
2. Temporary placement of fill. other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the city has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
(c) Accessory structures. Accessory structures, as identified in division (E)(3)(a) above, may be permitted, provided that:
1. Structures are not intended for human habitation.
2. Structures will have a low flood damage potential.
3. Structures will be constructed and placed so as to offer a minimal obstruction to the flow of floodwaters.
4. Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with division (K)(2)(b) of this section shall be required.
5. As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with division (K)(2)(b) of this section shall be required.
(d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245.
(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(F) Flood Fringe District (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (F)(2) below.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the community.
(b) Accessory structures. As an alternative to the fill requirements of division (F)(2)(a) above, structures accessory to the uses identified in division (F)(1) above may be designed to accommodate the inundation of floodwaters, meeting the following provisions, as appropriate:
1. The accessory structure constitutes a minimal investment and satisfy the development requirements in division (D)(2) of this section.
2. Any enclosed accessory structure shall not exceed 576 square feet in size, and only be used for parking and storage, Any such structure shall be designed and certified by a registered professional engineer, or be designed in accordance with the following floodproofing standards: to allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
(c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (F)(1)(a) above, or if allowed as a conditional use under division (F)(3)(b) below.
(d) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.
(e) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(f) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city.
(g) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(h) Manufactured homes and recreational vehicles must meet the standards of division (J) of this section.
(3) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in division (K)(4) of this section and further subject to the standards set forth in division (K)(4) below, if otherwise allowed in the underlying zoning district(s).
(a) The placement of floodproofed nonresidential basements below the regulatory flood protection elevation. Residential basements, are not allowed below the regulatory flood protection elevation.
(b) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (K)(4)(a) below.
(4) Standards for flood fringe conditional uses.
(a) The standards for permitted uses in the flood fringe, listed in (F)(2)(d) through (h) above, apply to all conditional uses.
(b) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with division (K)(2)(b) of this section shall be required.
(c) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
1. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.
3. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(G) General Floodplain District (GF). [Reserved.]
(H) Subdivision standards.
(1) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section.
(a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional 1% chance) flood has been approved by the city. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the Floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
(d) [Reserved for General Floodplain District (GF)].
(e) Subdivision proposals must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within the floodprone area.
2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
3. Adequate drainage is provided to reduce exposure of flood hazard.
(I) Utilities, Railroads, Roads, and Bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with divisions (E) and (F) of this section. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(3) On-site water supply and sewage treatment systems. Where public utilities are not provided:
(a) On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and are subject to the provisions in Minnesota Rules 4725.4350, as amended.
(b) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules 7080.2270, as amended.
(J) Manufactured homes and recreational vehicles.
(1) Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
(a) New and replacement manufactured homes must be elevated in compliance with division (F) above of this section and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(b) New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in division (H) of this section. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in division (H)(1)(b) of this section.
(2) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:
(a) Meet the requirements for manufactured homes in division (J)(1) above, or
(b) Be travel ready, meeting the following criteria:
1. The vehicle must have a current license required for highway use.
2. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
3. No permanent structural type additions may be attached to the vehicle.
(K) Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in divisions (D)(2) and (H) of this section.
(1) Administration.
(a) Duties. The City Administrator or other official designated by the City Council, must administer and enforce this section.
(2) Permit application requirements.
(a) Application for permit. Permit applications must be submitted to the City Administrator on forms provided by the City Administrator. The permit application must include the following as applicable:
1. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state or federal permits or approvals.
4. Other relevant information requested by the City Administrator as necessary to properly evaluate the permit application.
(b) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in the State Building Code. Accessory structures designed in accordance with (F)(2)(b) of this section are exempt from certification, provided sufficient assurances are documented. Any development in established floodways must not cause any increase in flood elevations or damages, as certified by a registered professional engineer.
(c) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the City Administrator stating that the use of the building or land conforms to the requirements of this section.
(d) Recordkeeping of certifications and as-built documentation. The City Administrator must maintain records in perpetuity documenting.
1. All certifications referenced in division (K)(1)(b)(ii) above as applicable.
2. Elevations complying with division (F)(2)(a) of this section. The City Administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.
(e) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the City Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Regional Office of the Federal Emergency Management Agency (FEMA).
(f) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the City Administrator must notify the Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(3) Variances.
(a) Variance applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with applicable state statutes and § 152.010 of this chapter.
(b) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(c) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
1. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
2. Variances may only be issued by a community upon the following:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Flood insurance notice. The City Administrator must notify the applicant for a variance that:
1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.
2. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(e) General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains.
1. The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
2. The danger that materials may be swept onto other lands or downstream to the injury of others.
3. The proposed water supply and sanitation systems. if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions.
4. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner.
5. The importance of the services to be provided by the proposed use to the community.
6. The requirements of the facility for a waterfront location.
7. The availability of viable alternative locations for the proposed use that are not subject to flooding.
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive land use plan and flood plain management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. The expected heights. velocity. duration, rate of rise and sediment transport of the flood waters expected at the site.
(f) Submittal of hearing notices to the Department of Natural Resources (DNR). The City Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(g) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(h) Recordkeeping. The City Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(4) Conditional uses.
(a) Administrative review. An application for a conditional use permit under the provisions of this section will be processed and reviewed in accordance with § 152.012 of this chapter.
(b) Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other subsections of this section, and those factors identified in division (K)(3)(e) above.
(c) Conditions attached to conditional use permits. In addition to the standards identified in divisions (E)(4) and (F)(4) of this section, the City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
1. Limitations on period of use, occupancy, and operation.
2. Imposition of operational controls, sureties, and deed restrictions.
3. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(d) Submittal of hearing notices to the Department of Natural Resources (DNR). The City Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(e) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(L) Nonconformities.
(1) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in § 152.005 of this chapter, are subject to the following provisions:
(a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in divisions (L)(1)(b) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (L)(1)(d) below.
(c) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section, as described in § 152.050 of this chapter.
(d) If any structure experiences a substantial improvement as defined in this section, then the entire structure must meet the standards of divisions (E) and (F) of this section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first flood insurance rate map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of divisions (E) and (F) of this section of this section.
(e) If any nonconformity is substantially damaged, as defined in this section, it may not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in divisions (E) and (F) of this section will apply depending upon whether the use or structure is in the floodway or flood fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in § 152.005 of this chapter, it must not be reconstructed except in conformity with the provisions of this section.
(M) Violations and penalties.
(1) Violation constitutes a misdemeanor. Violation of the provisions of this section 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 section 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 City Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this section and will be prosecuted accordingly.
(3) Enforcement. Violations of the provisions of this section will be investigated and resolved in accordance with the provisions of §§ 152.011 and 152.017 of this chapter. In responding to a suspected ordinance violation, the City Administrator and the Board of Appeals and Adjustments 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.
(N) Amendments.
(1) Floodplain designation – restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Department of Natural Resources (DNR) if it is determined that, through other measures, lands are adequately protected for the intended use.
(2) Amendments require DNR approval. All amendments to this section must be submitted to and approved by the Department of Natural Resources (DNR) prior to adoption.
(3) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in division (B)(2) of this section.
(Ord. 251, passed 2-23-26)
§ 152.098 (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 public, including but not limited to the following. The applicant bears the burden of demonstrating that one or more public 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.
(C) Types of planned unit developments and where permitted.
(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 zoning district in which the PUD is proposed to be located.
(2) Planned unit developments may be located in any zoning district 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) 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.
(c) 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 and 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 of the Mayer Code of Ordinances. 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 divisions (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 ten 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, interim and administrative uses in the PUD Overlay District. Uses not listed as permitted, permitted accessory, conditional, interim or administrative 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 of the Mayer Code of Ordinances 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.
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 of the Mayer Code of Ordinances.
(2) 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 of the Mayer Code of Ordinances 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 of the Mayer Code of Ordinances, 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 a 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) Developer’s 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 of the Mayer Code of Ordinances. 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 of the Mayer Code of Ordinances. In addition to the data requirements itemized within Chapter 151 of the Mayer Code of Ordinances 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 of the Mayer Code of Ordinances.
(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 11 by 17 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.
(c) A proposed site plan for the subject property depicting the following:
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 of the Mayer Code of Ordinances 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 of the Mayer Code of Ordinances.
(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.
(c) Reductions to the number of nonresidential structures.
(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).
(c) An increase in the number of residential dwelling units.
(d) An increase in square footage of nonresidential structures.
(e) A decrease in the amount of landscaping, site perimeter buffering, and open space.
(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 of a 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 section, 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.
(c) The number of dwelling units in residential developments and the square footage of structures shall not increase.
(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 of the Mayer Code of Ordinances, 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 and 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 and 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 of the Mayer Code of Ordinances.
(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 of the Mayer Code of Ordinances or lot(s) and division(s) of a subdivided PUD were subsequently conveyed.
(Ord. 251, passed 2-23-26)
