(a)

Planned unit developments (PUDs) require the assistance of professional planning consultants and usually involves the approval of multiple agencies or other governmental bodies.

(b)

When circumstances are favorable, PUDs provide more latitude in land use than normal development to allow for planning, clustering facilities, consolidating open space, and internal recreation amenities.

(c)

While densities higher than normal are often allowed, they must be justified by the preservation and consolidation of open space, increased screening and landscaping, increased setbacks, increased recreational amenities, and other significant improvements and design features beneficial to the residents, neighbors, and the general public.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

Mixed use PUD where appropriate may be allowed, provided the use not normally allowed in the district does not exceed 45 percent of the building floor area.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The city shall require a conditional use permit for all PUDs including expansions to existing PUDs. In addition to the criteria for the granting of a conditional use permit generally, the city must consider the following criteria in the examination of a parcel for suitability as a PUD:

(a)

Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

(b)

Physical and aesthetic impacts of increased density;

(c)

Suitability of lands for the planned unit development approach;

(d)

Level of current development in the area;

(e)

Amounts and types of ownership of undeveloped lands; and

(f)

Size of the parcel and amount, if any, of shoreline, provided that a resort in existence prior to June 16, 1982, though undersized, may be considered for subdivisions, but increase of units is prohibited.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

New multifamily buildings, four units or larger, shall be designed by an architect, shall be compatible in color, character and mass with surrounding land use.

(b)

New multifamily buildings shall have one-hour fire-rated party floors and party walls.

(c)

All PUDs shall be connected to municipal sewer. If it is determined that the extension of municipal sewer is not feasible according to the public works director, the city council may allow the use of a subsurface sewage treatment system in compliance with Minn. R. 7080—7083 and section 28 of the ordinance from which this section is derived.

(d)

A winterized central water system shall be required.

(e)

The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor.

(f)

The PUD parcel must directly abut on a public road maintained by the city.

(g)

Covenants and incorporating documents providing for a homeowners' association shall be submitted to the city prior to final approval of the PUD.

(h)

Vegetation removal shall be limited to select cutting as defined in section 20-133 of this chapter.

(i)

Reserved.

(j)

Maintenance of all commonly owned facilities shall be by the homeowners' association.

(k)

Storage areas for recreational equipment (boats, personal watercraft, etc.) shall be required for residential PUDs.

(l)

Commercial PUDs are prohibited from having garages and basements to ensure transient nature of development.

(m)

Subdivision may be allowed a common interest community plat as part of a PUD.

(n)

Recreation facilities may be provided if approved by the planning and zoning commission.

(o)

Screening and landscaping shall be provided as required by the planning and zoning commission and section 20-61 and section 20-172 of this ordinance. At a minimum, any PUD within the shoreland district shall provide screening and plantings to reduce visibility of any structures from the public waters.

(p)

Unless otherwise provided in this section, all new PUDs shall have a minimum of five acres in the project area and a minimum of 400 feet of lot width at the OHW and building setback line. PUDs shall be limited to a maximum of three tiers.

(q)

Not fewer than three units or sites shall be required to utilize the PUD process.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

Applicability. Proposed new or expansions to existing PUDs must be evaluated using the standards set forth in this section.

(b)

The density evaluation for shoreland residential planned unit development steps and design criteria are outlined below.

(1)

Division of parcel into tiers. The project parcel must be divided into tiers according to the following table 20-385.1 by locating one or more lines approximately parallel to a line that identifies the ordinary highwater level at the following intervals, proceeding landward:

(2)

Density evaluation steps. To determine the allowable density of residential dwelling units or sites, the suitable area within each tier is divided by the single-family residential lot size standard for lakes (see district requirements), which shall then be used to yield a base density of dwelling units or sites for each tier.

(3)

Step one. Calculate the suitable area for development in square feet within each tier by identifying all limiting factors such as land below the OHW, wetlands, and bluffs and subtracting it from the total land area in each tier.

(4)

Step two. Divide the suitable area identified in step one by the minimum single shoreland residential lot area for the lake classification in section 20-85.

(c)

The following increases to the dwelling unit or dwelling site base densities in section 20-385(c) are allowed if the design criteria in section 20-386 of this ordinance are satisfied, one or more of the performance standards in table 20-385.3 are satisfied and all restrictions in section 20-385(d) are adhered to.

* Shoreline restoration plan to restore vegetation along the shoreline designed by a landscape architect or other person with experience in shoreline restoration as reviewed and approved by the soil and water conservation district.

** Reductions in impervious coverage is cumulative. For example, if impervious is reduced to 20 percent, the base density is increased by ten percent. If the impervious is reduced to 15 percent, the base density is increased by 20 percent.

(d)

The above chart is subject to the following restrictions:

(1)

No density increases will be allowed unless the setback is increased to 150 feet for GD and RD lakes and 225 feet for NE lakes.

(2)

Density increases are maximums and must be approved by the planning and zoning commission.

(3)

The density increases in the above table are cumulative.

(4)

Density increases in tier 1 cannot exceed 50 percent.

(5)

Allowable densities may be transferred from any tier to any other tier farther from the shoreland, lake or river, but must not be transferred to any other tier closer.

(e)

Commercial (shoreland) planned unit development density evaluation. The density evaluation steps and design criteria for commercial planned unit developments are outlined below.

(1)

Step one. Calculate the suitable area for development in square feet within each tier by identifying all limiting factors such as land below the ordinary highwater mark, wetlands and bluffs and subtracting it from the total land area in each tier.

(2)

Step two. Determine the average inside living area size of dwelling units or sites within each tier (if applicable), including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space.

(3)

Step three. Select the appropriate floor area ratio from table 20-385.2.

(4)

Step Four. Divide the total floor area or dwelling site area calculated in step 2 by the average inside living floor area for dwelling units or dwelling site area determined. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier. Allowable densities may be transferred from any tier to any other tier further from the waterbody but must not be transferred to any tier closer to the waterbody.

Note: For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational campsites vehicles, campers, or tents, use the ratios listed at 400 square feet.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(a)

Application. An application for a conditional use permit for a proposed PUD shall be filed with the city planner. A filing fee as established, from time to time, by city council resolutions shall accompany the application. The application with accompanying statements shall be submitted in the number of copies that are indicated on the application, and shall include:

(1)

A vicinity map at a scale, acceptable to the planning and zoning commission, showing property lines, streets, easements, existing zoning, and such other items as the planning and zoning commission may require showing the relationship of the proposed PUD to the comprehensive plan of the city, to existing schools and other community facilities and services, and to the surrounding area;

(2)

A preliminary plan of the entire area in such detail as to show the land uses being requested, the densities being proposed where applicable, the system of collector streets and off-street parking system;

(3)

A written statement explaining in detail and with supporting documentation the specifics of the development plan as it relates to the type of dwelling units proposed and the resultant population, the extent and nature of nonresidential development and the resulting traffic generated, and parking demands created;

(4)

The proposed time schedule for the development site;

(5)

A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUDs.

(6)

A certificate of survey shall be required with the following information:

a.

Surface water features (for riparian lots only);

b.

Existing and proposed structures and other facilities;

c.

Land alterations;

d.

Sewage treatment and water supply systems (where public systems will not be provided);

e.

Topographic contours at two-foot intervals or less; and

f.

Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements).

(b)

Intent; developer's responsibilities. PUDs shall be proposed and approved in accordance with this section. The burden of justification for any planned unit development project shall be the exclusive responsibility of the developer. The developer shall be responsible for providing the information and data required in this section. In addition, as the planned unit development is an innovative approach, the developer shall provide any other data or information as may be required by the planning and zoning commission or the city council. It is the intent of this division to require subdivision of property according to city subdivision regulations simultaneous with the application of the PUD.

(c)

Preapplication meeting. Before submitting a formal application for a PUD, the developer shall meet with the planner and / or the planning and zoning commission. The purpose of this meeting is to discuss early informally, the purpose and effect of this division and the criteria and standards contained in this division and to familiarize the developer with the city's comprehensive plan, including the land use plan, the major thoroughfare plan, and the parks and open space plan, the subdivision regulations and the drainage, sewer, and water systems of the city.

(d)

Minimum number of dwelling units or sites. All planned unit developments (PUDs) must contain at least three dwelling units or sites.

(e)

Open spacerequirements. In lieu of traditional platting and lot size requirements, open space must be provided, including at least 50 percent of the total project area. Open space is subject to the following additional restrictions:

(1)

The area must be owned by the homeowners' association and provide adequate recreational opportunities for residents of the PUD.

(2)

Open space shall not include dwelling units or sites, road right-of-way, or land covered by road surfaces, parking areas, or structures or developed areas.

(3)

Open space must include areas with physical characteristics unsuitable for development in its natural state, and areas containing significant historic sites or unplatted cemeteries.

(4)

Open space may include outdoor recreational facilities for use by owners of the dwelling units or sites or the public.

(5)

Open space must not include commercial facilities or uses but may contain water-oriented facilities and private golf courses, trails, tennis facilities, and similar uses.

(6)

Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

(f)

Impact zones. The shore and bluff impact zones, based on normal structure setbacks, must be included as open space. At least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. Shore and bluff impact zones that do not meet the 50 percent threshold for existing developments or 70 percent for new developments shall be effectively restored using a shoreline restoration plan. The plan shall restore vegetation along the shoreline designed by a landscape architect or other person with experience in shoreline restoration as reviewed and approved by the Soil and Water Conservation District.

(g)

Method of preservation of open spaceand other common areas. The appearance of open space and other common areas, including areas of unique topography, vegetation, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. The instruments must include provisions prohibiting commercial uses, vegetation and topographic alterations other than maintenance, construction of additional buildings or storage of vehicles and other materials, and uncontrolled beaching. In addition, unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners' association according to M.S.A. 515.

(1)

Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.

(2)

Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites.

(3)

Assessments must be adjustable to accommodate changing conditions.

(4)

The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

(5)

Changes in the association documents must receive prior approval by the city.

(h)

Centralization and design of facilities and structures. PUDs must be connected to publicly owned water supply and sewer systems, if available per the determination of the public works director. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the state health department and pollution control agency. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.

(i)

Dwelling unit locations. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary highwater level, elevation above the surface water features, and maximum height. Setbacks from the ordinary highwater level must be increased for developments with density increases.

(j)

Recreation facilities. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading boats and equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

(k)

Reduction of visibility. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the planning and zoning commission, assuming summer, leaf-on conditions.

(l)

Erosion control and stormwater management. An erosion control and stormwater management plan shall be required for each PUD and follow section 20-131 of this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

Purpose. It is the purpose of this section to provide standards for new resorts, structure replacement within an existing resort, expansions of existing resorts and resort conversions. Resorts are allowed for new projects on undeveloped land, redevelopment of previously built sites or conversions of existing buildings and land.

(b)

Application. Applications for resort developments shall be processed as a commercial planned unit development according to section 20-385 (e) unless exempted in this section.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024)

Editor's note— Ord. No. 18, Fourth Series, § 2, adopted April 16, 2024, renumbered the former § 20-387 as § 20-393 and enacted a new § 20-387 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Resorts are allowed to maintain and replace their structures, without regard to available density, so long as the establishment continues to operate as a resort and all of the following standards are met:

(1)

Structures, including lodges, shall not be replaced any closer to any water body or setback than the existing structure. Replacement structures must meet elevation and maximum height requirements for the relevant shoreland classification. For resorts established prior to the date of local adoption of these standards, structures not meeting the structure setbacks in section 20-65 must only be replaced with structures with the same or lesser height of building, except as noted in the following. There shall be no increase in structure footprint, except as follows:

a.

An increase in the structure footprint or height of structure may be permitted to minimally meet federal, state, or local dwelling standards or codes, provided there is no increase in structure footprint lake ward. To minimally meet such standards or codes means that the replacement structure shall not add new architectural elements, such as more bedrooms than the original structure.

b.

A structure within the first tier that is moved or replaced outside the shore impact zone and landward to meet the structure setback requirements to the maximum extent feasible within the tier with regard to wetlands, bluffs, land below the ordinary highwater level of public waters, and sewage treatment systems, may be permitted a larger building footprint provided it conforms with the allowable total land surface area that can be covered by structures in each tier as calculated in section 20-385.2 and the impervious surface coverage within the first tier shall not exceed 25 percent.

(2)

A specified area within the development may be required to be restored and maintained in a natural state to the following standards:

a.

For developments with less than 50 percent of shore impact zone currently in a natural state, at least ten percent of the shore impact zone and shoreline shall be restored to its natural state or, alternatively, in front of each replacement structure for its entirety, a buffer strip consisting of native vegetation of trees, shrubs, understory plants extending from the shoreline landward 35 feet shall be created according to a plan approved by the planning and zoning commission.

b.

For developments with at least 50 percent of the shore impact zone currently in a natural state, this condition shall be preserved and maintained according to a plan approved by the planning and zoning commission.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024)

Existing resorts may be allowed to expand so long as the establishment continues to operate as a resort and all of the following standards are met:

(1)

Expansions to resorts with 20 or more dwelling units shall require a conditional use permit, be processed as a PUD and shall meet the requirements of this chapter. A stormwater plan shall be required and designed by a licensed engineer according to section 20-131 of this chapter.

(2)

Expansions to resorts with less than 20 dwelling units may be allowed via land use permit provided that the base density according to table 20-385.2 allows for more dwelling units and the expansion is limited to five dwelling units or less. Any further expansion of the resort shall require a conditional use permit, be processed as a PUD and shall meet the requirements of this chapter.

(3)

For developments that exceed or will exceed the allowable density as calculated in section 20-385.2, a variance shall be required before the conditional use permit is considered by the planning and zoning commission.

(4)

The impervious surface coverage shall not exceed 25 percent within the total project area and in any tier.

(5)

Expansions shall be designed and managed such that there are no garages or storage structures associated with dwelling units and sites and other amenities that would encourage long-term residential use.

(6)

On-site water supply and sewage treatment systems shall be designed and installed to meet or exceed applicable standards or rules of the state department of health and the state pollution control agency.

(5)

If required, a marina permit has been obtained for the development.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

Shoreline recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas, and launching ramps shall be clustered or grouped in suitable areas. Evaluation of suitability must include consideration of land slope, water depth, aquatic and shoreland vegetation, soils, depth to groundwater and bedrock, or other relevant factors.

(b)

Boating facilities shall be located adjacent to the deepest water available and avoid or minimize impacts to aquatic vegetation.

(c)

Continuous docking space shall only be used by transient, short-term lodgers at the resort. The resort licensee may also have one dock for personal use. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).

(d)

Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by lodgers or the public not lodged.

(e)

Non-lodger vehicles shall be parked so they are screened by vegetation or topography as much as practical from view of the public water.

(f)

Resorts providing services to the general public, such as restaurants, bars, spas or other service-oriented facilities may provide a limited number of short-term watercraft mooring spaces for patrons that are not over-night lodging guests for the resort. The planning and zoning commission must make a finding, based on applicant's detailed description of the facilities and associated occupancies, that the number of additional mooring spaces is the minimum quantity needed to address the needs of the resort.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

Conversions. The city may allow existing resorts or other land uses and facilities to be converted to shoreland residential PUDs if all of the following standards are met:

(1)

Conversions must be evaluated using the same procedures for residential PUDs involving new construction according to this chapter. Inconsistencies between existing features of the development and these standards must be identified.

(2)

Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as much as is possible as part of the conversion or as specified in the conditional use permit.

(3)

Shore and bluff impact zone deficiencies must be evaluated, and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

a.

Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones.

b.

Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings and other facilities as viewed from the water; and

c.

Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

d.

Dwelling unit or dwelling site densities that exceed standards in section 20-385.2 of this chapter may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024)

(a)

Objectives. It is the policy of the city to promote progressive development of land and construction by encouraging urban residential PUD to achieve:

(1)

A maximum choice of living environments by allowing a variety of housing building types, including single and multifamily developments and permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks and area requirements;

(2)

A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of mixed residential uses;

(3)

A development pattern, which preserves and utilizes natural features, trees and other vegetation, and prevents the disruption of natural drainage patterns;

(4)

A more efficient use of land and a resulting substantial savings through shorter utilities and streets;

(5)

A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.

(b)

Intent; developer's responsibilities. PUDs shall be proposed and approved in accordance with this section. The burden of justification for any planned unit residential development project shall be the exclusive responsibility of the developer. The developer shall be responsible for providing the information and data required in this section. In addition, as the planned unit development is an innovative approach, the developer shall provide any other data or information as may be required by the planning and zoning commission or the city council. It is the intent of this division to require subdivision of property according to city subdivision regulations simultaneous with the application of the PUD.

(c)

Preapplication meeting. Before submitting a formal application for a PUD, the developer shall meet with the planning and zoning commission. The purpose of this meeting is to discuss early informally, the purpose and effect of this division and the criteria and standards contained in this division and to familiarize the developer with the city's comprehensive plan, including the land use plan, the major thoroughfare plan, and the parks and open space plan, the subdivision regulations and the drainage, sewer, and water systems of the city.

(d)

Application. An application for approval of a preliminary plan for a proposed PUD shall be filed with the city planner. A filing fee as established, from time to time, by city council resolutions shall accompany the application. The application with accompanying statements shall be submitted in the number of copies that are indicated on the application, and shall include:

(1)

A vicinity map at a scale, acceptable to the planning and zoning commission, showing property lines, streets, easements, existing zoning, and such other items as the planning and zoning commission may require to show the relationship of the proposed PUD to the comprehensive plan of the city, to existing schools and other community facilities and services, and to the surrounding area;

(2)

A preliminary plan of the entire area in such detail as to show the land uses being requested, the densities being proposed where applicable, the system of collector streets and off-street parking system;

(3)

A written statement explaining in detail and with supporting documentation the specifics of the development plan as it relates to the type of dwelling units proposed and the resultant population, the extent and nature of nonresidential development and the resulting traffic generated, and parking demands created;

(4)

The proposed schedule for the development site;

(5)

A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUDs.

(e)

Minimum lot size and density. The minimum lot size requirements in this division do not apply to a PUD. The maximum dwelling unit density shall be determined by the area remaining after wetlands, setbacks and steep slopes have been removed from the PUD area. The maximum dwelling unit density shall be one unit per 10,000 square feet of useable land area for single-family and duplex, triplex or quadplex housing styles. Individual lot sizes may be smaller than this, but the density may not exceed one unit per 10,000 square feet.

(f)

Setback requirements. Notwithstanding other provisions of this division, every individual residential lot must be a minimum of 15 feet from the perimeter of the PUD. Structures must be a minimum of 50 feet from the perimeter of the site.

(g)

Access. Every PUD must have adequate direct access to a publicly maintained road. Internal roads within the PUD shall be public roads unless due to slopes or other features, the city engineer recommends that a private road network is preferred. Connections to adjoining parcels of land should be included in the development plans.

(h)

Utilities. Each PUD within the UR district must be connected to municipal sewer, and shall provide for a common, not individual, water supply.

(i)

Open space. A minimum of 50 percent of the PUD must remain in permanent open space, to be used consistent with the applicable minimum standards of the homeowners' association, recorded declarations and covenants that require the open space to be preserved in perpetuity, development restrictions, or any city, county or other governmental agency requirements.

(Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

Density in non-shoreland PUDs shall conform to the requirements of the appropriate district, impervious coverage and conditional use permit. Design criteria shall be the same as above for residential PUDs and for commercial PUDs, and as determined in the conditional use permit. See the specific district for land and use requirements.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

Editor's note— Ord. No. 18, Fourth Series, § 2, adopted April 16, 2024, renumbered the former § 20-387 as § 20-393 and enacted a new § 20-387 as set out above. The historical notation has been retained with the amended provisions for reference purposes.

(a)

The purpose of this performance standard is to establish predictable and balanced regulations for the siting, screening, construction and engineering of wireless communication equipment in order to accommodate the growth of wireless communication systems within the city, while protecting the public from adverse impacts on the city's aesthetic resources, and protecting the public welfare by:

(1)

Providing for the appropriate location and development of communication towers to serve the residents and businesses in the city;

(2)

Minimizing adverse visual impact of towers through careful design, siting, and vegetation screening;

(3)

Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of the tower structure; and

(4)

Maximizing the use of any new tower structure to reduce the number of towers needed.

(b)

The city adopts by reference section 704 of the Telecommunications Act of 1996, 47 USC 609 et seq. to the extent applicable within the city.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Towers shall not be located on any non-city owned residentially zoned or CB (Central Business District) zoned parcel of property within the city. First preference for siting towers should be given to the city-owned parcel of property currently containing the municipal sewer ponds.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

All towers erected, constructed or located within the city shall comply with the following requirements:

(a)

Co-location capability. Any proposed tower shall be designed structurally, electrically and in all respect to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower to accept antennas mounted at varying height. Since the number of opportunities to construct a tower is limited by this division, the applicant should demonstrate to the satisfaction of the planning and zoning commission or the city council that opportunities will be made available for co-locating other antennas on the structure.

(b)

Area-wide analysis; proof of need. The applicant shall demonstrate by providing a coverage and interference analysis that the location of the antenna as proposed is necessary to meet the frequency use and spacing needs of the wireless telecommunication facilities and to provide adequate coverage and capacity which cannot currently be adequately served.

(c)

Proof of non-interference. Each application for construction of a wireless telecommunication facility shall include a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with radio, television or public safety telecommunications.

(d)

Setbacks. Towers shall meet minimum setbacks of the tower height from side property lines, rear property lines, road rights-of-way, and other structures. Under no circumstance will towers be allowed within one-quarter mile from the OHW of any lake which is located within the city. Towers will also meet a minimum setback of 500 feet from the nearest property line of a residentially zoned parcel.

(e)

Lighting. No illumination of towers will be allowed, unless specifically required by another governmental agency. If lights are required, all lights will meet minimum requirements of the subject agency. Lights will be shielded to prevent glare or illumination onto neighboring properties and to prevent distraction of the traveling public.

(f)

Maximum height. Maximum tower height is limited to 150 feet above ground upon which antenna is placed.

(g)

Self-supporting structure required. The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.

(h)

Maximum base area. The base of the tower shall occupy no more than 500 square feet and no part of the tower shall be larger than the base.

(i)

Minimum spacing between towers. Minimum spacing between tower locations is one mile.

(j)

Screening and visibility. Tower locations should provide the maximum amount of screening possible and shall preserve on-site vegetation to the maximum extent possible for off-site view of the facility.

(k)

Landscaping. The base of the tower and any accessory structure shall be landscaped.

(l)

Accessory structures. Accessory structures will be designed to be architecturally compatible with the principal structures on the site. Accessory structures shall meet all of the requirements of the underlying district.

(m)

Tower color; advertising and identification on tower prohibited. The tower shall be painted light blue or other color that is demonstrated to minimize visibility. No advertising or identification shall be placed on the tower or antenna.

(n)

Security fencing required. Towers shall be provided with security fencing to prevent unauthorized entry.

(o)

Antennas to comply with state and federal law and rule as amended. Antennas placed on the tower shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply, or the planning and zoning commission may restrict continued operations. The cost of verification of compliance shall be borne by the owner and operator of the tower. Antennas exceeding 36 inches in diameter shall meet all setback requirements but shall not be subject to height restrictions. The square footage of an accessory structure shall be the area enclosed within the foundation and the base area of any cantilevered section, with allowance for no more than three-foot roof overhang, regardless of the number of floors.

(p)

Conditional use permit required for certain antenna. Antennas mounted on roofs and walls of existing structures may be approved as a conditional use permit by the planning and zoning commission, provided the antennas meet the requirements of this division.

(q)

Reduced setback for certain base mounted antenna. Those antennas rigidly attached to the building, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Property owners shall remove all obsolete or unused towers and accompanying accessory structures on their properties within six months of cessation of use.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses.

(b)

Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of sections 20-85—20-88 of this article is allowed if the standards in this section are met.

(c)

There are four types of PUDs allowed as described below. All PUDs require a conditional use permit and are allowed in certain land use districts according to section 20-82. PUDs will require a plat if each unit is to have its own lot with a legal description.

(1)

Shoreland district—Residential PUD.

(2)

Shoreland district—Commercial PUD—Includes resorts.

(3)

Urban residential PUD.

(4)

Nonshoreland district PUD.

(d)

Planned development district—Shoreland.

(1)

Development proposed in any planned development district (PDD) in the shoreland shall follow all requirements found in sections 20-83—20-154.

(2)

All planned unit developments (PUD) shall be subject to sections 20-381—20-392.

(3)

All development in the PDD—Shoreland shall be served by city sewer.

(e)

Planned development district-Nonshoreland.

(1)

The PDD located in the nonshoreland has no set standards and specifications. Developers can propose uses or a combination of uses and configurations of intensity and density of development.

(2)

Through a process of planning and zoning commission review, public hearing and city council review and approval, accompanied by discussions with developers and, as appropriate, with other interested parties, an agreement is reached between the property owner and the city. The details of this agreement constitute the zoning controls of the property. These controls have the same legal force and effect as to standard zoning requirements.

(3)

To achieve the community benefits of PDD—Nonshoreland it is generally true that the project size should be large enough to allow clustering and to establish a coherence of design. Mixed use may be allowed to an extent that no land use conflicts will result.

(4)

It is a basic public expectation that landowners requesting PDD—Nonshoreland will develop designs that reflect the comprehensive plan. The extent of variation or exception that will be allowed by the planning and zoning commission will be dependent on how well the above stated planning expectations are expressed in the proposed development plan.

(5)

The minimum acreage required for a PDD—Nonshoreland is 85 acres, and shall be served by city sewer.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)