New Ulm City Zoning Code

CHAPTER 8

OVERLAY ZONING DISTRICTS

8.1 GENERAL PROVISIONS

Purpose. Overlay zoning districts are superimposed over portions of one or more of the base zoning districts in order to introduce additional zoning requirements in recognition of the unique characteristics of land and land use within historic areas, flood-prone areas and bluff areas.
Relationship to Base Zoning Districts.
1. Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district unless expressly stated otherwise in these regulations.
2. Conflicts between overlay district standards and other standards in this Ordinance shall be resolved as outlined in Section 1.7.C-D.
Established Boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations.
Establishment of Overlay Districts. The City has established three overlay districts:
1. Heritage Preservation District
2. Floodplain Management District
3. Bluffland Protection District

8.2 HERITAGE PRESERVATION DISTRICT OR LANDMARK

Purpose. The purpose of this overlay district is to identify, preserve, protect, enhance, perpetuate and use buildings, structures, areas, places, lands and other objects having special historical, cultural or aesthetic interest and value to the City. This overlay district was established to:
1. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City’s cultural, social, economic, political, engineering or architectural history;
2. Protect and enhance the City’s attractions for residents, tourists and visitors, and serve as a support and stimulus to business and industry;
3. Enhance the economic viability of Heritage Preservation Landmarks and Districts through the protection and promotion of their unique character;
4. Enhance the visual and aesthetic character, diversity and interest of the City;
5. Foster civic pride in the beauty and notable accomplishments of the past; and
6. Promote the use and preservation of Heritage Preservation Landmarks and Districts for the educational and general welfare of the people of the City.
Boundaries. The boundaries of the Heritage Preservation Overlay District are depicted on the official zoning map established by Section 3.1A. Modifications to the overlay district boundaries may be completed using the procedure for designation process as described in Section 2.4.I.7.
Designation of a Heritage Preservation Landmark or District. The Heritage Preservation Overlay District consists of Heritage Preservation Landmarks and Districts as designated by the City. A listing of these can be found in Exhibit 1. The requirements and procedures to follow when requesting the designation of a new Heritage Preservation Landmark or District are described in Section 2.4.I.7.

8.3 FLOOD PLAIN DISTRICT

Purpose. The purpose of this overlay district is to identify the location of flood plain management districts in the City of New Ulm.
Regulations. Flood plain management regulations are found in Chapter 12 of the City Code of the City of New Ulm.

8.4 BLUFF IMPACT DISTRICT

Purpose. The purpose of this overlay district is to protect and preserve those undeveloped areas in the community where bluffs abut or adjoin Flandrau State Park. These bluffs represent an enhancement to the community and a risk of impairment to the health, safety, tax base and general welfare of the community if left unprotected. The intent of this overlay district is:
1. To establish reasonable regulations related to development upon and adjacent to such bluff areas in the community.
2. To protect the scenic qualities and sensitive natural features of the bluffs.
3. To regulate alterations and minimize disruption of natural vegetation, topography, soils, and water.
4. To conserve and protect the historical and cultural resources of the Cottonwood River valley and Flandrau State Park.
Boundaries. The boundaries of the Bluff Protection Overlay District are depicted on the official zoning map established by Section 3.1.A. Modifications to the overlay district boundaries may be completed using the zoning map amendment process.
Site Plan Approval Required. Prior to the issuance of a building permit or other development approvals within the Bluff Protection Overlay District, a site development plan demonstrating compliance with all applicable regulations shall be submitted to the City for review following the procedures established in Section 2.4.F. The following shall be shown on the site plan to be considered complete:
1. The top of bluff shall be delineated and be verified prior to approval;
2. The location of the proposed structure(s) in proximity to the top of bluff;
3. The existing and proposed site elevations using 2-foot contours;
4. The height of each proposed structure;
5. The location of all utilities; and
6. A construction erosion control plan.
District Standards. All construction and grading activities within the Bluff Protection Overlay District shall adhere to the following requirements:
1. All structures including fences must be located outside the bluff impact zone.
2. No structure shall be located within 30 feet of the top of the bluff.
3. For all structures exceeding 25 feet in height, the structure must be outside the 30 foot setback area plus 3 feet for each additional foot of structure height over 25 feet.
4. No tower shall be located within one-quarter (1/4) mile of the bluff impact zone, except for water reservoirs owned and constructed by the City.
5. Impervious surface coverage of lots must not exceed thirty (30) percent of lot area.
6. Grading, filling, excavating or the location of an impervious surface is not permitted within the bluff impact zone.
7. Each lot shall maintain a buffer zone.
Vegetation Alterations. Alteration of vegetation within the Bluff Protection Overlay District shall adhere to the following requirements:
1. In the bluff impact zone, limited clearing of trees and shrubs and cutting, pruning and trimming trees is allowed. Existing trees equal to or greater than six (6) inches in diameter at four (4) feet in height may not be removed from the bluff impact zone. Removal of more than ten (10) percent of existing trees smaller than six (6) inches in diameter at four (4) feet in height as well as shrubs and other vegetation is prohibited. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
2. Removal of natural vegetation in the bluff impact zone shall be restricted to prevent erosion. Clear cutting is prohibited. Selective clearing of trees and shrubs is allowed to control non-native invasive plants. In cases where native vegetation does not exist within a bluff impact zone, the landowner is to plant with native plant species.
3. In the buffer zone, the property owner shall be required to maintain undisturbed original vegetation or enhanced or restored vegetation, typically containing grass or herbaceous filter strips and providing the greatest water quality benefits by slowing runoff, infiltrating water, filtering sediment and its associated chemicals, and protecting the integrity of the top of the bluff. In cases where native vegetation does not exist within a buffer zone, the landowner shall plant and maintain the buffer zone area with native plant species. Vegetation should consist of a mix of plants that are native to the region and well-adapted to the climactic, soil and hydrologic conditions of the site.

New Ulm City Zoning Code

CHAPTER 8

OVERLAY ZONING DISTRICTS

8.1 GENERAL PROVISIONS

Purpose. Overlay zoning districts are superimposed over portions of one or more of the base zoning districts in order to introduce additional zoning requirements in recognition of the unique characteristics of land and land use within historic areas, flood-prone areas and bluff areas.
Relationship to Base Zoning Districts.
1. Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district unless expressly stated otherwise in these regulations.
2. Conflicts between overlay district standards and other standards in this Ordinance shall be resolved as outlined in Section 1.7.C-D.
Established Boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations.
Establishment of Overlay Districts. The City has established three overlay districts:
1. Heritage Preservation District
2. Floodplain Management District
3. Bluffland Protection District

8.2 HERITAGE PRESERVATION DISTRICT OR LANDMARK

Purpose. The purpose of this overlay district is to identify, preserve, protect, enhance, perpetuate and use buildings, structures, areas, places, lands and other objects having special historical, cultural or aesthetic interest and value to the City. This overlay district was established to:
1. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City’s cultural, social, economic, political, engineering or architectural history;
2. Protect and enhance the City’s attractions for residents, tourists and visitors, and serve as a support and stimulus to business and industry;
3. Enhance the economic viability of Heritage Preservation Landmarks and Districts through the protection and promotion of their unique character;
4. Enhance the visual and aesthetic character, diversity and interest of the City;
5. Foster civic pride in the beauty and notable accomplishments of the past; and
6. Promote the use and preservation of Heritage Preservation Landmarks and Districts for the educational and general welfare of the people of the City.
Boundaries. The boundaries of the Heritage Preservation Overlay District are depicted on the official zoning map established by Section 3.1A. Modifications to the overlay district boundaries may be completed using the procedure for designation process as described in Section 2.4.I.7.
Designation of a Heritage Preservation Landmark or District. The Heritage Preservation Overlay District consists of Heritage Preservation Landmarks and Districts as designated by the City. A listing of these can be found in Exhibit 1. The requirements and procedures to follow when requesting the designation of a new Heritage Preservation Landmark or District are described in Section 2.4.I.7.

8.3 FLOOD PLAIN DISTRICT

Purpose. The purpose of this overlay district is to identify the location of flood plain management districts in the City of New Ulm.
Regulations. Flood plain management regulations are found in Chapter 12 of the City Code of the City of New Ulm.

8.4 BLUFF IMPACT DISTRICT

Purpose. The purpose of this overlay district is to protect and preserve those undeveloped areas in the community where bluffs abut or adjoin Flandrau State Park. These bluffs represent an enhancement to the community and a risk of impairment to the health, safety, tax base and general welfare of the community if left unprotected. The intent of this overlay district is:
1. To establish reasonable regulations related to development upon and adjacent to such bluff areas in the community.
2. To protect the scenic qualities and sensitive natural features of the bluffs.
3. To regulate alterations and minimize disruption of natural vegetation, topography, soils, and water.
4. To conserve and protect the historical and cultural resources of the Cottonwood River valley and Flandrau State Park.
Boundaries. The boundaries of the Bluff Protection Overlay District are depicted on the official zoning map established by Section 3.1.A. Modifications to the overlay district boundaries may be completed using the zoning map amendment process.
Site Plan Approval Required. Prior to the issuance of a building permit or other development approvals within the Bluff Protection Overlay District, a site development plan demonstrating compliance with all applicable regulations shall be submitted to the City for review following the procedures established in Section 2.4.F. The following shall be shown on the site plan to be considered complete:
1. The top of bluff shall be delineated and be verified prior to approval;
2. The location of the proposed structure(s) in proximity to the top of bluff;
3. The existing and proposed site elevations using 2-foot contours;
4. The height of each proposed structure;
5. The location of all utilities; and
6. A construction erosion control plan.
District Standards. All construction and grading activities within the Bluff Protection Overlay District shall adhere to the following requirements:
1. All structures including fences must be located outside the bluff impact zone.
2. No structure shall be located within 30 feet of the top of the bluff.
3. For all structures exceeding 25 feet in height, the structure must be outside the 30 foot setback area plus 3 feet for each additional foot of structure height over 25 feet.
4. No tower shall be located within one-quarter (1/4) mile of the bluff impact zone, except for water reservoirs owned and constructed by the City.
5. Impervious surface coverage of lots must not exceed thirty (30) percent of lot area.
6. Grading, filling, excavating or the location of an impervious surface is not permitted within the bluff impact zone.
7. Each lot shall maintain a buffer zone.
Vegetation Alterations. Alteration of vegetation within the Bluff Protection Overlay District shall adhere to the following requirements:
1. In the bluff impact zone, limited clearing of trees and shrubs and cutting, pruning and trimming trees is allowed. Existing trees equal to or greater than six (6) inches in diameter at four (4) feet in height may not be removed from the bluff impact zone. Removal of more than ten (10) percent of existing trees smaller than six (6) inches in diameter at four (4) feet in height as well as shrubs and other vegetation is prohibited. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
2. Removal of natural vegetation in the bluff impact zone shall be restricted to prevent erosion. Clear cutting is prohibited. Selective clearing of trees and shrubs is allowed to control non-native invasive plants. In cases where native vegetation does not exist within a bluff impact zone, the landowner is to plant with native plant species.
3. In the buffer zone, the property owner shall be required to maintain undisturbed original vegetation or enhanced or restored vegetation, typically containing grass or herbaceous filter strips and providing the greatest water quality benefits by slowing runoff, infiltrating water, filtering sediment and its associated chemicals, and protecting the integrity of the top of the bluff. In cases where native vegetation does not exist within a buffer zone, the landowner shall plant and maintain the buffer zone area with native plant species. Vegetation should consist of a mix of plants that are native to the region and well-adapted to the climactic, soil and hydrologic conditions of the site.

New Ulm City Zoning Code

CHAPTER 8

OVERLAY ZONING DISTRICTS

8.1 GENERAL PROVISIONS

Purpose. Overlay zoning districts are superimposed over portions of one or more of the base zoning districts in order to introduce additional zoning requirements in recognition of the unique characteristics of land and land use within historic areas, flood-prone areas and bluff areas.
Relationship to Base Zoning Districts.
1. Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district unless expressly stated otherwise in these regulations.
2. Conflicts between overlay district standards and other standards in this Ordinance shall be resolved as outlined in Section 1.7.C-D.
Established Boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations.
Establishment of Overlay Districts. The City has established three overlay districts:
1. Heritage Preservation District
2. Floodplain Management District
3. Bluffland Protection District

8.2 HERITAGE PRESERVATION DISTRICT OR LANDMARK

Purpose. The purpose of this overlay district is to identify, preserve, protect, enhance, perpetuate and use buildings, structures, areas, places, lands and other objects having special historical, cultural or aesthetic interest and value to the City. This overlay district was established to:
1. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City’s cultural, social, economic, political, engineering or architectural history;
2. Protect and enhance the City’s attractions for residents, tourists and visitors, and serve as a support and stimulus to business and industry;
3. Enhance the economic viability of Heritage Preservation Landmarks and Districts through the protection and promotion of their unique character;
4. Enhance the visual and aesthetic character, diversity and interest of the City;
5. Foster civic pride in the beauty and notable accomplishments of the past; and
6. Promote the use and preservation of Heritage Preservation Landmarks and Districts for the educational and general welfare of the people of the City.
Boundaries. The boundaries of the Heritage Preservation Overlay District are depicted on the official zoning map established by Section 3.1A. Modifications to the overlay district boundaries may be completed using the procedure for designation process as described in Section 2.4.I.7.
Designation of a Heritage Preservation Landmark or District. The Heritage Preservation Overlay District consists of Heritage Preservation Landmarks and Districts as designated by the City. A listing of these can be found in Exhibit 1. The requirements and procedures to follow when requesting the designation of a new Heritage Preservation Landmark or District are described in Section 2.4.I.7.

8.3 FLOOD PLAIN DISTRICT

Purpose. The purpose of this overlay district is to identify the location of flood plain management districts in the City of New Ulm.
Regulations. Flood plain management regulations are found in Chapter 12 of the City Code of the City of New Ulm.

8.4 BLUFF IMPACT DISTRICT

Purpose. The purpose of this overlay district is to protect and preserve those undeveloped areas in the community where bluffs abut or adjoin Flandrau State Park. These bluffs represent an enhancement to the community and a risk of impairment to the health, safety, tax base and general welfare of the community if left unprotected. The intent of this overlay district is:
1. To establish reasonable regulations related to development upon and adjacent to such bluff areas in the community.
2. To protect the scenic qualities and sensitive natural features of the bluffs.
3. To regulate alterations and minimize disruption of natural vegetation, topography, soils, and water.
4. To conserve and protect the historical and cultural resources of the Cottonwood River valley and Flandrau State Park.
Boundaries. The boundaries of the Bluff Protection Overlay District are depicted on the official zoning map established by Section 3.1.A. Modifications to the overlay district boundaries may be completed using the zoning map amendment process.
Site Plan Approval Required. Prior to the issuance of a building permit or other development approvals within the Bluff Protection Overlay District, a site development plan demonstrating compliance with all applicable regulations shall be submitted to the City for review following the procedures established in Section 2.4.F. The following shall be shown on the site plan to be considered complete:
1. The top of bluff shall be delineated and be verified prior to approval;
2. The location of the proposed structure(s) in proximity to the top of bluff;
3. The existing and proposed site elevations using 2-foot contours;
4. The height of each proposed structure;
5. The location of all utilities; and
6. A construction erosion control plan.
District Standards. All construction and grading activities within the Bluff Protection Overlay District shall adhere to the following requirements:
1. All structures including fences must be located outside the bluff impact zone.
2. No structure shall be located within 30 feet of the top of the bluff.
3. For all structures exceeding 25 feet in height, the structure must be outside the 30 foot setback area plus 3 feet for each additional foot of structure height over 25 feet.
4. No tower shall be located within one-quarter (1/4) mile of the bluff impact zone, except for water reservoirs owned and constructed by the City.
5. Impervious surface coverage of lots must not exceed thirty (30) percent of lot area.
6. Grading, filling, excavating or the location of an impervious surface is not permitted within the bluff impact zone.
7. Each lot shall maintain a buffer zone.
Vegetation Alterations. Alteration of vegetation within the Bluff Protection Overlay District shall adhere to the following requirements:
1. In the bluff impact zone, limited clearing of trees and shrubs and cutting, pruning and trimming trees is allowed. Existing trees equal to or greater than six (6) inches in diameter at four (4) feet in height may not be removed from the bluff impact zone. Removal of more than ten (10) percent of existing trees smaller than six (6) inches in diameter at four (4) feet in height as well as shrubs and other vegetation is prohibited. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
2. Removal of natural vegetation in the bluff impact zone shall be restricted to prevent erosion. Clear cutting is prohibited. Selective clearing of trees and shrubs is allowed to control non-native invasive plants. In cases where native vegetation does not exist within a bluff impact zone, the landowner is to plant with native plant species.
3. In the buffer zone, the property owner shall be required to maintain undisturbed original vegetation or enhanced or restored vegetation, typically containing grass or herbaceous filter strips and providing the greatest water quality benefits by slowing runoff, infiltrating water, filtering sediment and its associated chemicals, and protecting the integrity of the top of the bluff. In cases where native vegetation does not exist within a buffer zone, the landowner shall plant and maintain the buffer zone area with native plant species. Vegetation should consist of a mix of plants that are native to the region and well-adapted to the climactic, soil and hydrologic conditions of the site.