(a)

Purpose. This section applies to the A, Agriculture district. This district is designed and intended to aid in guiding development toward fulfillment of the comprehensive plan and to serve the following functions:

(1)

To include those areas where it is necessary and desirable to preserve, promote, maintain, and enhance the use of the land for long-term agricultural purposes;

(2)

To protect such areas from encroachment by nonagricultural uses, structures, or activities and reduce possibilities of rural-urban conflicts;

(3)

To prohibit those uses and densities that would require the premature extension of urban public facilities and services;

(4)

To promote logical and orderly development in the best interest of the health, safety, and welfare of the citizens of the city;

(5)

To protect and maintain the open space for the creation of an attractive living environment;

(6)

To protect, preserve, and maintain the unique rural lifestyle; and

(7)

In areas that have been designated for residential development on the city's comprehensive plan, this district serves as a holding classification for future residential development.

(b)

Permitted uses.

(1)

Public utility uses for local services when located within a public right-of-way or utility easement.

(2)

Public and private forests and wildlife reservations.

(3)

Publicly owned and operated property except as herein amended.

(4)

All uses permitted in the residence districts and as regulated in the A district.

(5)

Agricultural uses.

(6)

Essential services.

(7)

Home occupations not requiring interim use permit.

(8)

Collocation of telecommunication facilities, including associated ground equipment, in or on an existing facility.

(c)

Accessory uses.

(1)

Private garage and accessory buildings per section 109-191 (4).

(2)

Accessory uses as normally and customarily associated with agricultural production.

(3)

One roadside stand offering for sale only those products grown on the premises, provided that such stand does not exceed an area of 500 square feet; is located in conformance with yard regulations; and proper provisions are made for adequate off-street parking and access.

(4)

Accessory dwelling unit (ADU) per section 109-194(o).

(d)

Conditional/interim uses.

(1)

Accessory structures other than permitted.

(2)

Airports/heliports when accessory to agricultural operations.

(3)

Antenna and towers, subject to the standards of section 109-471.

(4)

Cemeteries.

(5)

Christmas tree sales.

(6)

Churches.

(7)

Commercial animal training.

(8)

Commercial feed lots.

(9)

Commercial greenhouse or nursery.

(10)

Group homes subject to state statutes.

(11)

Dog kennels.

(12)

Essential service.

(13)

Home occupations.

(14)

Non-domestic animal, more than two per acre.

(15)

Overhead and underground utilities (not part of recorded subdivision).

(16)

Riding stables.

(17)

Swine production.

(18)

Trail rides.

(19)

Veterinary clinic.

(20)

Mineral excavation in compliance with section 109-160.

(21)

Outdoor commercial recreation facility.

(22)

Cannabis cultivation business.

(e)

District standards. See sections 109-72 through 109-74.

(Prior Code, ch. 1314, subd. 1; Ord. No. 01-1; Ord. No. 01-06; Ord. No. 04-03; Ord. No. 12-03, § 8, 4-30-2012; Ord. 15-04, § 1, 8-31-2015; Ord. No. 22-05, § 2, 10-10-2022; Ord. No. 24-05, § 3, 12-9-2024)

(a)

Purpose. This section applies to the AP district. The purpose of this district is to provide for an orderly means whereby agricultural lands in the city can be included in the state's agricultural preservation program for long term agricultural use as defined by the city's comprehensive plan. The AP district shall be applied and maintained in compliance with the provisions of Minn. Stats. § 473H.17, as may be amended. If any of the properties are removed from the agricultural preservation program pursuant to the required statutory process, the rural residential guiding shall apply.

(b)

Permitted uses. In addition to other uses specifically identified elsewhere in this section, the following uses are permitted in the AP district:

(1)

Agricultural uses and buildings as defined by this ordinance located on lots conforming to Minn. Stats. § 473H.03 as amended from time to time.

(2)

Farm drainage and irrigation systems.

(3)

Forest and game management areas.

(4)

City-owned public parks, trails, public recreation areas and historic monuments.

(5)

Home occupations not requiring interim use permits.

(6)

Essential public services.

(7)

Single-family dwellings.

(c)

Accessory uses.

(1)

Private garages and accessory buildings per section 109-191 (4). A building permit is required for all accessory buildings pursuant this Code and state building code unless farming/agricultural building uses comply with state statutes. The zoning district designation does not provide exemption from this rule.

(2)

Accessory uses as normally and customarily associated with agricultural production.

(3)

One roadside stand offering for sale only those products grown on the premises, provided that such stand does not exceed an area of 500 square feet; is located in conformance with yard regulations; and proper provisions are made for adequate off-street parking and access.

(d)

Conditional/interim uses.

(1)

Commercial greenhouse or nursery.

(2)

Dog kennels.

(3)

Riding stables.

(4)

Cemeteries or memorial gardens.

(5)

Home occupations.

(e)

District standards. The following performance standards shall be observed in the AP Agricultural Preserve district, subject to the additional requirements, exceptions, and modifications set forth in this section:

(1)

Minimum lot size is 40 acres unless lot qualifies as an exception under Minn. Stats. § 473H.03.

(2)

If any of the properties are removed from the agricultural preservation program pursuant to the required statutory process, the rural residential guiding shall apply.

(3)

See section 109-214, pertaining to dimensional standards.

(4)

See sections 109-463—109-473, pertaining to performance standards.

(Prior Code, ch. 1314, subd. 2; Ord. No. 12-03, § 8, 4-30-2012)

(a)

Purpose. This section applies to the LG-1, LG-2, and LG-3 Single-Family Residential Districts. These districts are intended:

(1)

To encourage landowners with property that has frontage on Lake George to improve and upgrade the appearance of structures and residences around the lake.

(2)

To encourage lot combination where appropriate to increase the size of historically small lots around Lake George.

(3)

To utilize the existing capacity of the West Lake George collector system in a safe and efficient manner.

(4)

To promote redevelopment or reuse of seasonal structures as permanent residences.

(5)

To permit residential development on lots less than 2½ acres when developed in strict conformance with this article and requirements for placement and operation of on-site septic systems, as applicable.

(6)

To promote improvement of water quality of Lake George by discouraging additional stormwater runoff due to development and by ensuring that adequate sewer systems are in place prior to any new development on lots with frontage on the lake.

(b)

Permitted uses.

(1)

Public utility uses for local service when located within the public right-of-way or utility easement.

(2)

Publicly owned and operated property.

(3)

Parks.

(4)

Single-family residential uses.

(5)

Essential services.

(c)

Accessory uses.

(1)

Keeping of animals, subject to chapter 4;

(2)

Gardening and other horticultural uses;

(3)

Private garages and accessory building per section 109-194(g)(8);

(4)

Open, off-street parking (unlicensed or inoperable vehicles are prohibited); and

(5)

Accessory dwelling unit (ADU) per section 109-194(o).

(d)

Conditional/interim uses.

(1)

Accessory structures other than those permitted in subsection (c) of this section.

(2)

Bed and breakfasts.

(3)

Residential day care, subject to applicable county ordinances and state statutes.

(4)

Group homes.

(5)

Housing development signs in excess of 32 square feet.

(6)

Schools.

(7)

Overhead utilities.

(8)

Home occupations pursuant to section 109-195.

(e)

District standards.

(1)

See section 109-214, pertaining to dimensional standards.

(2)

See sections 109-463—109-473, pertaining to performance standards.

(f)

Special provisions.

(1)

The LG-1 district dimensional requirement shall apply only to lots that are platted lots of record as of the date of adoption of the ordinance from which this section is derived.

(2)

The LG-2 district dimensional requirements shall apply to property that has frontage on Lake George but is not platted as of the date of adoption of the ordinance from which this section is derived.

(3)

No building permit shall be issued for new development unless the lot on which development is proposed has either an existing connection to the West Lake George collector system (if capacity is available) or adequate land area on which to install a primary and secondary on-site septic system as approved by the building official.

(4)

No principal dwelling shall be located within 50 feet of the ordinary high water mark as established by the city engineer.

(5)

In no case shall property which is more than 500 feet from Lake George be included in the LG-1 or LG-2 districts.

(6)

Motor homes, recreational vehicles and travel trailers may be allowed on vacant land within the LG-1 and LG-2 districts, provided that such use satisfies all of the following requirements as determined by the city administrator or designee or building official:

a.

Only one such use shall be allowed per lot.

b.

Sewage shall be treated in a safe and sanitary manner and properly disposed.

c.

Such use is for seasonal use on a temporary basis not to exceed 90 days. No such use shall be allowed after October 1 of any year.

d.

The use must be positioned on the lot to meet the setbacks required in the LG-1 or LG-2 district, except that the setback from the ordinary high water mark of Lake George may be calculated based upon the average of the immediately adjacent properties as provided in article VIII of this chapter.

e.

Permanent structures shall not be constructed to support the use of vacant land for motor homes, recreational vehicles or travel trailers.

(7)

In the LG-3 district, parking of commercial vehicles in excess of 15,000 pounds gross weight is prohibited, except that they may be on the premises for up to six days per year, not more than three days at a time, to facilitate loading, unloading, and minor repair or maintenance.

(8)

The temporary commercial vehicles, recreational vehicles, and trailers permitted above in the LG-3 district must be parked on blacktop or concrete surfaces screened from view from Lake George, adjacent property owners, and public streets.

(9)

All uses and development shall comply with the shoreland regulations set forth in article VIII of this chapter.

(10)

Specific lots in the LG-3 district are governed by additional covenants, conditions and restrictions pursuant to two agreements recorded with the county (Document Nos. 1986339.011 and 19856339.012). These specific lots are identified in the agreements. The city, or its representative, as a declarant of these agreements, is responsible for the enforcement of these covenants.

(Prior Code, ch. 1314, subd. 3; Ord. No. 04-02; Ord. No. 12-03, §§ 8, 10, 4-30-2012; Ord. No. 22-05, § 3, 10-10-2022)

(a)

Purpose. This section applies to the LG-HDR, Lake George High Density Residential District. The purpose of this district is to provide a zoning district for the senior multifamily housing development in the Lake George zoning district and to implement the objectives of the high density residential land use in the city's comprehensive plan.

(b)

Permitted uses.

(1)

Multiple dwellings and multiple dwelling complexes, including rental and condominium apartments, providing a density of up to 20 dwelling units per acre.

(2)

Single-family attached dwellings.

(3)

Parks and open space.

(4)

Essential services.

(5)

Mixed uses as approved by the city council.

(c)

Accessory uses.

(1)

Gardening and other horticultural uses.

(2)

Parking areas.

(3)

Maintenance, management or recreation buildings incidental to the development.

(4)

Privately owned recreational facilities, including swimming pools and tennis courts, intended solely for the enjoyment and convenience of the residents of the principal use and their guests.

(d)

Conditional/interim uses.

(1)

Residential day care, subject to applicable county ordinances and state statues.

(2)

Group homes.

(3)

Assisted living facilities.

(4)

Housing development signs in excess of 32 square feet.

(5)

Public, quasi-public or private recreational facilities, including community centers and social services.

(6)

Churches/places of assembly.

(e)

Design and development standards.

(1)

All uses within the LG-HDR district shall be subject to the planned unit development (PUD) regulations as established in section 109-102, including site plan review.

(2)

See section 109-214, pertaining to dimensional standards.

(3)

See sections 109-463—109-473, pertaining to performance standards.

(4)

All exterior building materials shall be durable and consistent with relevant codes, regulations, and other industry standards.

(5)

No less than 50 percent of the vertical exterior building material shall be non-combustible material, such as brick, face brick, decorative concrete, or others as approved by the city council.

(6)

Open, off-street parking (unlicensed or inoperable vehicles are prohibited).

(7)

Parking of commercial vehicles in excess of 15,000 pounds gross weight is prohibited.

(8)

Motor homes, recreational vehicles, and trailers are prohibited, except that they may be on the premises for up to six days per year, not more than three days at a time, to facilitate loading, unloading, and minor repair or maintenance.

(9)

Commercial vehicles, recreational vehicles, and trailers not prohibited elsewhere in this section must be parked on blacktop or concrete surfaces screened from view from Lake George, adjacent property owners, and public streets.

(10)

Trash and recycling shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area easily accessible from the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure.

(11)

The city council may require compliance with any other conditions, restrictions, or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area.

(Prior Code, ch. 1314, subd. 4; Ord. No. 12-03, § 8, 4-30-2012)

(a)

Purpose. This section applies to the SFR, Single-Family Residential District. This district is established to provide for a large lot zoning of 2.5 acres or more in size. Single-family homes are permitted in this district. This district may be used in conjunction with the planned unit development overlay to provide efficient lot layouts, open space, and the preservation of natural features. All uses should be designed to eliminate any nuisance, or incompatibility with surrounding uses. This district is not intended to prohibit or restrict existing agricultural uses.

(b)

Permitted uses.

(1)

Public utility uses for local service when located within a public right-of-way or utility easement.

(2)

Publicly owned and operated property.

(3)

One non-domestic animal unit per acre (excluding cattle and swine on parcels of less than five acres), except in a MPGCC.

(4)

One single-family residential structure.

(5)

Essential services.

(6)

Home occupations not requiring an interim use permit.

(7)

Four domestic animals per household.

(8)

Collocation of telecommunication facilities, including associated ground equipment, in or on an existing facility.

(c)

Accessory uses.

(1)

One roadside stand offering for sale only those products grown on the premises and regulated within the A district.

(2)

Open, off-street parking (unlicensed or inoperable vehicles are prohibited). In MPGCC, commercial vehicles in excess of 10,000 pounds gross weight are prohibited. Motor homes, recreational vehicles, and trailers over 20 feet long are prohibited. They may be on the premises for up to six days per year, not more than three days at a time, to facilitate loading, unloading, and minor repair or maintenance. Commercial vehicles, recreational vehicles, and trailers not prohibited above must be parked on blacktop or concrete surfaces screened from view by the golf course, adjacent property owners, and public streets.

(3)

Gardening and other horticulture.

(4)

Private garage and accessory building, per section 109-194. In a MPGCC, only one accessory building not exceeding 144 square feet of total building floor area with a maximum sidewall height of eight feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss.

(5)

Accessory dwelling unit (ADU) per section 109-194(o).

(d)

Conditional/interim uses.

(1)

Accessory structures other than permitted.

(2)

Cemeteries.

(3)

Bed and breakfasts.

(4)

Christmas tree sales.

(5)

Churches/places of assembly.

(6)

Convents.

(7)

Residential day care, subject to applicable county ordinances and state statutes, except as allowed by section 109-192.

(8)

Dog kennels.

(9)

Group homes.

(10)

Housing development signs in excess of 32 square feet.

(11)

Non-domestic animal unit (more than one per acre).

(12)

Schools.

(13)

Overhead utilities.

(14)

Places of historic, scenic, or architectural interest.

(15)

Home occupations.

(16)

Open, off-street parking for more than four vehicles.

(17)

Golf courses and adjacent residential single-family or two-unit townhome development, when proposed as part of a master-planned golf course community served by a collector wastewater treatment system, only when approved by rezoning to planned unit development pursuant to sections 101-4 and 109-102.

(e)

District standards.

(1)

See section 109-214, pertaining to dimensional standards.

(2)

See sections 109-463—109-473, pertaining to performance standards.

(Prior Code, ch. 1314, subd. 5; Ord. No. 99-03; Ord. No. 01-09; Ord. No. 12-03, §§ 8, 9, 4-30-2012; Ord. No. 15-02, § 5, 3-9-2015; Ord. No. 20-04, 1-13-2020; Ord. No. 22-05, § 4, 10-10-2022)

(a)

Purpose. This section applies to the MUSA Expansion Area—Urban Reserve District. The purpose of this district is to establish an interim land use option to preserve land in the MUSA expansion area in the city's 2030 comprehensive plan update. The MUSA expansion area will be adjacent to other areas served by public utilities and is ultimately expected to become urban or suburban in nature. This district is intended to be a holding zone until the city is ready for the introduction of regional utilities into the area, post 2030. This district will continue to promote agricultural and farming activities within the future MUSA expansion area. This zoning district is intended to preserve this area of the city in low rural development densities while permitting clustered residential developments that may be integrated with future urban development post 2030.

(1)

Density. The standard development density within the MUSA expansion area shall be one unit per ten acres.

(2)

For property owners who wish to pursue development prior to the introduction of regional sewer, clustered residential subdivisions are permitted. A MUSA expansion area cluster subdivision must incorporate the following design components:

a.

MUSA cluster subdivisions shall not be located in areas that have been identified for nonresidential land uses in the post 2030 MUSA land use plan.

b.

MUSA cluster subdivisions shall be required to meet all city zoning, subdivision, and environmental regulations.

(3)

Minimum lot size of 10,000 square feet up to a maximum lot size of 20,000 square feet of buildable land, exclusive of water bodies, wetlands, floodplains, or transmission utility easements or street rights of way.

(4)

Open space preservation of 75 percent of the buildable land of the parcel(s) being subdivided and developed. This open space shall be preserved for future urban development. The communal well and drain field can be located within the designated open space.

(5)

Open space. The open space shall be platted into outlots that meet the minimum performance standards for the district. Ghost platting concept plans shall be required to illustrate how the current plat may be integrated with future urban development. Deed restrictions shall be placed over the open space which will prohibit further subdivision of the open space until the land can be served by urban infrastructure. Deed restrictions shall also be placed on all newly created lots informing the potential buyer that the adjoining open space is intended for future urban development when utilities become available.

(6)

A communal well and sewer treatment system is required to service each lot in the MUSA expansion area. The design of the utility system shall allow for connection into the larger regional utility system when such system becomes available. Once connection is made to regional utilities, the original communal well and drain field may be abandoned.

(7)

A homeowners' association (HOA) shall be established to own the communal well and sewer treatment facilities. These systems shall be privately owned by the HOA and managed by a professional utility approved by the city. The city shall require the private wells and sewer facilities to be professionally monitored, managed and operated at the expense of the HOA.

(b)

Permitted uses. In addition to other uses specifically identified elsewhere in this section, the following are permitted uses in the MUSA-UR:

(1)

Agricultural uses and buildings as defined by this ordinance located on lots ten acres or greater in size.

(2)

Single-family detached dwellings.

(3)

Essential services, public or government utility uses.

(4)

Forest and game management areas.

(5)

Public parks, public campgrounds, public recreation areas and historic monuments.

(6)

Railroad rights-of-way.

(7)

Collocation of telecommunication facilities, including associated ground equipment, in or on an existing facility.

(c)

Accessory uses.

(1)

Private garages and accessory buildings for standard density development pursuant to section 109-191 (4).

(2)

Accessory uses as normally and customarily associated with agricultural production.

(3)

One roadside stand offering for sale only those products grown on the premises, provided that such stand does not exceed an area of 500 square feet; is located in conformance with yard regulations; and proper provisions are made for adequate off-street parking and access.

(d)

Conditional/interim uses.

(1)

Churches.

(2)

Cemeteries.

(3)

Commercial greenhouses or nurseries.

(4)

Dog kennels.

(5)

Home occupations.

(6)

Riding stables.

(7)

Non-domestic animals, more than two per acre.

(8)

Schools.

(e)

District standards. The following performance standards shall be observed in the MUSA-UR for clustered subdivisions, subject to the additional requirements, exceptions, and modifications set forth in this section:

(1)

Platting required.

(2)

Standard density within the MUSA-UR shall be one unit per ten acres of land.

(3)

The density for a MUSA-UR clustered residential subdivision shall not exceed four units per ten acres of buildable land. The lots shall be clustered into an urban neighborhood design.

(4)

Only one accessory building is permitted in the MUSA-UR clustered residential subdivision not to exceed 144 square feet of floor area with a maximum height of eight feet.

(5)

See section 109-214, pertaining to dimensional standards.

(6)

See sections 109-463—109-473, pertaining to performance standards.

(Prior Code, ch. 1314, subd. 5A; Ord. No. 12-03, § 8, 4-30-2012)

(a)

Purpose. This section applies to the GB, General Business District. The purpose of this district is to provide for the establishment of general retail commercial shopping and service needs activities that draw from and serve customers from the entire community or sub-region, to include convenience goods, shopping goods, personal services and limited institutional uses.

(b)

Permitted uses.

(1)

Agricultural uses with the exception of feedlots.

(2)

Single-family dwellings and accessory uses legally established prior to August 31, 2009 (adoption date of the 2030 comprehensive plan).

(3)

Banks without a drive-through window.

(4)

Restaurants (Class I and II with or without alcoholic beverage license).

(5)

Grocery stores.

(6)

Convenience stores.

(7)

Essential services.

(8)

Business, professional and nonprofit organization offices.

(9)

Call centers.

(10)

Churches/places of public assembly.

(11)

Day care, subject to state statutes.

(12)

Hospitals and clinics.

(13)

Nonprofit clubs.

(14)

Office uses.

(15)

Mortuary and funeral homes.

(16)

Public garages.

(17)

Public utility uses for local service, when located within public right-of-way or utility easement.

(18)

Other school institutions (vocational, technical, private, parochial, public).

(19)

Rest homes and nursing homes, subject to state statutes.

(20)

Pet services.

(21)

Hair salons/barbershops.

(22)

Contractor's shops.

(23)

Retail shopping uses.

(c)

Accessory uses.

(1)

Parking in conformance with section 109-196.

(2)

Outdoor trash enclosures.

(3)

Office spaces associated with a permitted use.

(4)

Signage in conformance with section 109-479.

(5)

Adult-use, accessory as defined in chapter 12, article II and subject to such provisions.

(6)

Cannabis delivery service.

(d)

Conditional/interim uses.

(1)

Adult uses in compliance with chapter 12, article II.

(2)

Automobile sales.

(3)

Automobile repair and reconditioning.

(4)

Car washes.

(5)

Cemeteries.

(6)

Christmas tree sales.

(7)

Commercial greenhouses or nurseries.

(8)

Commercial recreation, minor or major.

(9)

Dog kennels.

(10)

Drive-through windows.

(11)

Hotels/motels.

(12)

Marine businesses.

(13)

Indoor storage facilities.

(14)

Laundromats.

(15)

Open storage when appurtenant to an approved principal use, subject to limitations such as location, screening, type application, and any other restrictions imposed by the city council.

(16)

Adult-use, principal as defined in chapter 12, article II and subject to such provisions.

(17)

Uses determined by the city council to be similar to those permitted in this section.

(18)

Communications towers in accordance with section 109-471.

(19)

Cannabis retailer.

(20)

Cannabis event organizer.

(e)

District standards.

(1)

Site plan review. All uses within the GB district shall be subject to the site plan review procedures and provisions.

(2)

Dimensional standards. See section 109-214.

(3)

Performance standards. See sections 109-463—109-473.

(4)

Exterior materials. All buildings within this district shall be of masonry construction, its equivalent or better. Front walls of such buildings facing on streets must be finished with face brick, ornamental blocks, stone, glass, wood or their aesthetic equivalent as determined by the city council. Other walls shall be faced with a common brick or its equivalent. Any building wall facing a residential district shall not be finished with exposed plain-faced poured concrete or concrete block. All designs may be required to incorporate pitched roofs, not less than 4:12, to reflect the rural residential character of the community.

(5)

Dumpster enclosure. Trash containers kept outside a building shall be screened by an enclosure. A durable gate shall be provided where the open side of the enclosure is visible from a public street or residential district. All gates shall provide 100 percent opaqueness and shall be constructed in conformance with standards on file in the office of planning. Such enclosures must be of sufficient size to accommodate the containers and any mechanical means of servicing the containers. They shall be located in the side or rear yard of the property in such a manner as to provide easy access thereto, and shall conform to the setback requirements for parking and driving areas. Enclosures shall be maintained in conformance with the requirements of this chapter.

(6)

Floor area. The minimum floor area is 2,000 square feet.

(7)

Access. The fire department shall be provided access to sites within this district by means of a key, electronic device or any other reasonable means of entry if the key holder is not present.

(Prior Code chs. 1314, subd. 6, ch. 1328, subd. 3(C)(2); Ord. No. 11-01; Ord. No. 12-03, § 8, 4-30-2012; Ord. No. 13-06, § 1, 9-30-2013; Ord. No. 16-03, § 1, 8-29-2016; Ord. No. 24-05, § 4, 12-9-2024; Ord. No. 24-05, § 5, 12-9-2024)

(a)

Purpose.

(1)

This section applies to the LI, Limited Industry District. This district is established to provide employment opportunities and to group individual uses in locations accessible to rail and highways so that the movement of raw materials, finished products and employees can be carried on efficiently, in an unobtrusive manner, and in a manner that does not adversely effect residential areas and for consistency with the 2030 city comprehensive plan.

(2)

It is recognized that, while the city is predominantly residential in character, industrial uses are part of the city's land use pattern. The regulations for this district are intended to encourage industrial development that is compatible with surrounding or abutting land uses. To accomplish this compatibility, development in the planned industrial district:

a.

Is limited to administrative, wholesaling, manufacturing, and related uses that can be carried on in an unobtrusive manner;

b.

Must provide suitable open spaces, landscaping, and parking areas; and

c.

Must establish reasonable controls on external effects such as storage, lightning, noise, dust, smoke and congestion.

(b)

Permitted uses.

(1)

Single-family dwellings and accessory uses legally established prior to August 31, 2009 (adoption date of the 2030 comprehensive plan).

(2)

Wholesale/warehousing businesses.

(3)

Manufacturing.

(4)

Public utility uses for local service, when located within the public right-of-way or utility easement.

(5)

Agricultural uses, with the exception of feedlots.

(6)

Corporate headquarters.

(c)

Accessory uses.

(1)

Parking in conformance with section 109-196.

(2)

Outdoor trash enclosures.

(3)

Offices in conjunction with a permitted or approved conditional use.

(4)

Signage in conformance with section 109-479.

(d)

Conditional uses.

(1)

Adult uses in compliance with chapter 12, article II.

(2)

Airports/heliports.

(3)

Automobile repair and reconditioning.

(4)

Car/truck washes.

(5)

Vehicle and equipment auctions and sales.

(6)

Christmas tree sales.

(7)

Commercial greenhouses or nurseries.

(8)

Contractor or building material storage yards.

(9)

Essential services.

(10)

Railroad lines and switching yards.

(11)

Railroad storage.

(12)

Research facilities.

(13)

Seasonal businesses.

(14)

Communications towers in accordance with section 109-471.

(15)

Open storage when appurtenant to an approved principal use, subject to limitations such as location, screening, type, application, and any other restrictions imposed by the city council.

(16)

Uses determined by the city council to be similar to those permitted in this section.

(17)

Distribution centers.

(18)

Cannabis manufacturing business.

(19)

Cannabis retailer.

(20)

Cannabis testing business.

(21)

Cannabis transportation business.

(22)

Cannabis wholesaling business.

(23)

Cannabis delivery service.

(24)

Cannabis event organizer.

(25)

Lower-potency hemp edible manufacturer.

(e)

Design and development standards.

(1)

Site plan review. All uses within the LI district shall be subject to the site plan review process and provisions.

(2)

Dimensional standards. See section 109-214.

(3)

Performance standards. See sections 109-463—109-473.

(4)

Screening. See section 109-463-109-464.

(5)

Glare and lighting. See section 109-470.

(6)

Signs. See section 109-479.

(7)

Off-street parking and loading. See section 109-196.

(8)

Exterior materials. No building shall be constructed within the LI limited industrial district of more than 75 percent sheet aluminum, asbestos, iron, steel, or corrugated aluminum exterior surfacing. Exterior surfaces of all buildings shall be faced with face brick, stone, architectural concrete, masonry units, pre-cast concrete, or such other surfacing material deemed equal or better, as may be approved by the city council. The term "architectural concrete masonry unit" shall mean a concrete masonry unit of which the face has been shaped, ground, scored, split, or otherwise processed to produce a unit with specific aesthetic texture or shadow.

(9)

Dumpster enclosure. Trash containers kept outside a building shall be screened by an enclosure. A durable gate shall be provided where the open side of the enclosure is visible from a public street or a residential district. All gates shall provide 100 percent opaqueness. Such enclosures must be of sufficient size to accommodate the containers and any mechanical means of servicing the containers. They shall be located in the side or rear yard of the property in such a manner as to provide easy access thereto, and shall conform to the setback requirements for parking and driving areas.

(10)

Access. The fire department shall be provided access to sites within this district by means of a key, electronic device or any other reasonable means of entry if the key holder is not present.

(Prior Code, ch. 1314, subd. 7; Ord. No. 24-05, § 6, 12-9-2024)

(a)

Purpose. This section applies to the FBP, Future Business Park District. The purpose of this district is to provide for a holding zone until a landowner/developer makes an application for development, at which time the city may rezone the affected property consistent with the 2030 city's comprehensive plan, provided that the development does not result in the premature extension of public utilities, facilities, or services.

(1)

Future business park development shall provide for a mix of commercial, office, low intensity industrial, warehousing, and wholesale showroom uses which provide a harmonious transition to residential development and neighborhoods.

(2)

The FBP district shall consist of low-profile, high-quality and attractive buildings with open space, quality landscaping, building orientation, setbacks, preservation of natural features and other special requirements.

(3)

Existing residential and agricultural land uses that were legally established prior to August 31, 2009 (adoption date of the 2030 comprehensive plan) shall be deemed conforming and will be allowed to continue, pending future redevelopment consistent with the city's comprehensive plan.

(b)

Permitted uses.

(1)

Single-family dwellings and accessory uses legally established prior to August 31, 2009.

(2)

Business, professional and nonprofit organization office buildings.

(3)

Banks and financial institutions.

(4)

Medical offices, except for inpatient facilities that operate between 9:00 p.m. and 7:00 a.m.

(5)

Dental/chiropractic clinics, offices and laboratories.

(6)

Post offices.

(7)

Low-intensity contractor services.

(8)

Government and public utility buildings.

(9)

Churches, religious institutions and places of assembly.

(10)

Showrooms.

(11)

Nursing homes, assisted living facilities, and similar uses.

(12)

Other acceptable uses as determined by the city council.

(c)

Accessory uses.

(1)

Recreational and open spaces for those employed on site.

(2)

Retail sales of products, provided that such sales do not exceed 15 percent of the gross floor area in the building. Retail sales in excess of 15 percent of the gross floor area of the building shall require a conditional use permit, and hours of operation are limited to 6:00 a.m. to 10:00 p.m.

(3)

Off-street parking and loading.

(4)

Parking structures.

(d)

Conditional/interim uses.

(1)

Medical offices that offer inpatient services and operate between 9:00 p.m. and 7:00 a.m.

(2)

Day care facilities.

(3)

Drive-through services accessory to any permitted or conditional use.

(4)

Light industry, subject to the following conditions:

a.

Limited number of semi-trailer trucks and truck docking facilities;

b.

Architectural compatibility; and

c.

Low impact with regard to noise, visible emissions, odors, and vibrations.

(5)

Warehousing, wholesaling and distributors, subject to the following conditions:

a.

Limited number of semi-trailer trucks and truck docking facilities;

b.

Architectural compatibility; and

c.

Low impact with regard to noise, visible emissions, odors, and vibrations.

(6)

Light manufacturing and assembly.

a.

Light manufacturing and assembly, subject to the following conditions:

1.

Limited number of semi-trailer trucks and truck docking facilities;

2.

Architectural compatibility; and

3.

Low impact with regard to noise, visible emissions, odors, and vibrations.

b.

Typical light manufacturing and assembly uses include, but are not limited to:

1.

Printing, publishing, and related support activities.

2.

Computer and electronic products.

3.

Audio and video equipment.

4.

Electronic components, except semiconductors.

5.

Household appliances.

6.

Office supplies, except paper manufacturing.

7.

Medical equipment and supplies.

8.

Pharmaceuticals.

9.

Apparel.

10.

Electrical lighting equipment.

11.

Musical instruments.

12.

Signs.

13.

Sporting and athletic goods.

(7)

Retail sales in excess of 15 percent of the gross floor area of the building.

(8)

Outside display of merchandise when appurtenant to a principal use.

(9)

Hotels.

(10)

Physical fitness clubs.

(11)

Animal (veterinary) hospitals.

(12)

Laboratories.

(13)

Educational facilities.

(14)

Telecommunications towers.

(15)

Research, design and development facilities.

(16)

Other acceptable uses as determined by the city council.

(e)

Prohibited uses.

(1)

Residential subdivision of land.

(2)

Rezoning of land inconsistent with the guiding of the comprehensive plan and the FBP district requirements.

(3)

Home occupations requiring an interim use permit.

(f)

Design and development standards.

(1)

Site plan review. All uses within the BP District shall be subject to the site plan review procedures and provisions.

(2)

Dimensional standards. See section 109-214.

(3)

Performance standards. See sections 109-463—109-473.

(4)

Screening. See sections 109-463 and 109-464.

(5)

Glare and lighting. See section 109-470.

(6)

Signs. See section 109-479.

(7)

Off-street parking and loading. See section 109-196.

(8)

Building materials and design.

a.

All sides, elevations, and facades of buildings and structures shall be visually pleasing and architecturally and aesthetically compatible with the surrounding environment. Building materials shall be selected for their ability to present a visual statement of a building's purpose, attractiveness, and permanence.

b.

A minimum of 20 percent of the building exterior shall be brick, natural stone, stucco, copper, or glass.

c.

A maximum of 80 percent of the building exterior may be decorative concrete, split face (rock face) decorative block, and/or decorative pre-cast concrete panels. Decorative concrete shall be color-impregnated in earth tones (rather than painted) and shall be patterned to create a high-quality appearance.

d.

A maximum of 20 percent may be wood, metal, fiber cement lap siding, or similar product, if used as accent materials that are integrated into the overall building design.

e.

Buildings shall be designed to avoid long, monotonous building walls. A building elevation shall include architectural elements such as varying building height, building setback, or building material or design every 100 feet of horizontal length. Alternative architectural elements may be approved by the city council which achieve the purpose of reducing the visual impact of long building walls.

f.

Building elevations that face a public street or residential zoning district shall include design and architectural elements of a quality generally associated with a front facade to include generous window coverage.

g.

All mechanical equipment shall be screened with parapets or the roof form.

(9)

Access. Parcels in the business park shall have access to an internal parkway and/or external county roads. Common access drives and parking facilities are encouraged.

(10)

Standard drainage and utility easements. Easements shall be at least ten feet wide, measured from the lot line within the perimeter of each lot, centered on the rear and other lot lines.

(11)

Sewer and water. In the absence of public water and sewer facilities, private wells and sewer treatment systems may be constructed to serve the lots at the responsibility of the individual lot owner or developer. All such private systems shall conform to the requirements established and set out in chapter 24, article II.

(12)

Landscaping.

a.

Site improvements shall be designed in the way that most effectively maintains predevelopment topography, drainage patters, and ecological functions.

b.

In order to protect and preserve natural areas in proximity to the Cedar Creek Greenway Corridor, a detailed natural resource inventory of the site is required in conjunction with the subdivision application and general landscape plan.

c.

A minimum of 25 percent of the surface area of each lot or set of combined lots shall consist of green space consisting of landscaped area with street trees, grass, ponding, and shrubbery or other approved ground cover identified on the general landscape plan.

d.

At least 12 feet of landscaped area shall be provided adjacent to all buildings, except for walks, plaza space, and approved loading docks.

e.

If an earth berm is proposed to supplement the screening, the berm shall be undulating in order to give a natural appearance and shall not obstruct site distance at entry drives.

f.

Trees.

1.

Existing, healthy trees and native vegetation on the site shall be preserved to the maximum extent feasible and shall be protected by adequate means during construction.

2.

A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required.

3.

Size. Canopy trees shall not be less than 2.5 caliper inches measured four feet off-ground and coniferous trees shall not be less than 2 caliper inches and not less than six feet in height.

4.

Location. Tree locations shall be identified on the general landscape plan and approved by the city.

5.

Type. Trees shall be suitable for the soil and site conditions and complement others in the area. Native species are required unless otherwise necessary. No more than 25 percent of trees may be of a single species.

(13)

Loading dock area and screening.

a.

Loading docks shall not occupy greater than ten percent of the building perimeter.

b.

They shall not be located in required yard setbacks and should be located in a way which minimizes visibility from residential zoning districts and public streets.

c.

Any loading dock within 300 feet of a residential zoning district shall be separated from the residential district by a building or a wall.

d.

The city may approve of other alternatives for noise abatement and screening.

(14)

Additional parking/paving requirements and setbacks.

a.

The interior of parking lots shall be provided with landscape areas consisting of at least five percent of the total surface area.

b.

Landscaping shall break up rows of parking approximately every 20 spaces.

c.

Where practical, the landscaping areas shall be designed to receive stormwater runoff from the adjacent parking area.

d.

Parking stalls, parking aisles, and fire lanes may encroach within the required yard setbacks, but shall be located the following distances from property lines:

1.

Front: 25 feet.

2.

Rear and interior: 20 feet, except no setback is required to accommodate shared/joint parking, loading dock circulation, or fire lanes across a common lot line within an integrated development.

3.

Side yard, if adjacent to a public street: 25 feet.

4.

Side yard, if adjacent to a private street: 20 feet.

5.

If adjacent to a residential zoning district: 50 feet to include a landscape buffer which is 70 percent opaque and 15 feet in width.

e.

Fire lanes that are not utilized for traffic circulation on the parcel may encroach within this yard setback.

(15)

Stormwater management and erosion control facilities.

a.

Drainage and stormwater improvements shall be designed with an emphasis on integrated stormwater management practices such as vegetative swales, filter strips, bioretention and similar improvements as approved by the city engineer and as established and set out in section 105-22.

b.

Stormwater ponding may utilize new technologies such as roof gardens, piping under parking lots, etc. as approved by the city engineer.

(g)

Special district requirements. The following standards shall be observed, subject to additional requirements, exceptions, and modifications set forth in this Code, in the buffer zone between business park and residential districts. Where a business park district abuts a residential district, any new development shall include a landscaped buffer zone consisting of the following:

(1)

There shall be a protective strip of land or vegetated buffer at least 70 percent opaque and not less than 15 feet in width.

(2)

This protective strip shall contain no structures except for a fence, shall not be used for parking, off-street loading or storage, but can be included as part of the building setbacks.

(3)

The landscape treatment may include a compact screen wall or fence, but shall not extend within 15 feet of the street right-of-way.

(4)

The planting or fence design shall be approved by the city council or designee as being in harmony with a residential neighborhood and providing sufficient screening of the commercial area.

(5)

Any hedge or fence shall be no less than six feet in height and no more than eight feet in height in the business park district.

(6)

Trucks, vans and trailers that are regularly driven or towed as part of the operation of any permitted use may be parked, but may not be used for the storage or sale of merchandise.

(7)

Semi-trailers shall not be parked or stored on the same lot for more than five days in any 30-day period.

(8)

Temporary storage buildings and/or containers designed to be easily moved are permitted as an accessory use for up to six months in a 12-month period. Such structures shall be concealed and screened from view of the general public.

(Prior Code, ch. 1314, subd. 9; Ord. No. 12-03, § 8(ch. 1314, subd. 8), 4-30-2012)

(a)

Purpose. This section applies to the PI, Public/Institutional District. This district is established to provide a specific zoning district for facilities, structures, services, and land uses within public ownership or quasi-public ownership. The primary objective of uses within this district is the provision of services, rather than the sale of goods or services. It is intended that uses within this district shall be compatible with adjoining development.

(b)

Permitted uses.

(1)

Public utility uses for local service when located within a public right-of-way or utility easement.

(2)

Publicly owned utility buildings, structures and essential services necessary for the health, safety and general welfare of the community.

(3)

Public parks, trails and recreational facilities.

(4)

Public and private schools, educational institutions, and recreational facilities operated or maintained by public schools and educational institutions.

(5)

Municipal government buildings, storage facilities, and publicly owned lands.

(6)

Collocation of telecommunication facilities, including associated ground equipment facility.

(7)

Churches, religious institutions and places of assembly.

(c)

Accessory uses.

(1)

Any use which is clearly accessory and subordinate to a permitted use allowed in the public district.

(2)

Incidental repair, processing, and storage necessary to conduct a permitted principal use, but not exceeding 30 percent of the floor space of the principal building, may be acceptable uses as determined by the city council.

(d)

Conditional/interim uses.

(1)

Personal communication service systems (PCS) towers.

(2)

Day care facilities associated with places of assembly (religious institutions).

(3)

Cemeteries.

(e)

District standards.

(1)

Dimensional standards. See section 109-214.

(2)

Performance standards. See sections 109-463—109-473.

(3)

Screening. See section s 109-463 and 109-464.

(4)

Glare and lighting. See section 109-470.

(5)

Signs. See section 109-479.

(6)

Off-street parking and loading. See section 109-196.

(Prior Code, ch. 1314, subd. 10; Ord. No. 12-03, § 8(ch. 1314, subd. 9), 4-30-2012))

(a)

Purpose. This section applies to planned unit development (PUD). The purpose of this section is to promote creative and efficient use of land by providing design flexibility in the application of the provisions of a primary zoning district through approval of a development plan pursuant to this section and approval of a rezoning to a PUD overlay district pursuant to section 101-4. Approval of a PUD shall be consistent with the comprehensive plan.

(b)

Intent. This section is intended to protect natural features in private, common or public open space, improve the efficiency of public streets and utilities, provide transitions in land use in keeping with the character of adjacent land use, and improve the arrangement of structures, facilities and amenities on a site for both private of public benefit. The PUD provisions are not intended to replace the regulations or restrictions of the underlying zoning district. However, the PUD provisions allow such provisions to be modified or varied, provided that such variance is consistent with the general spirit and intent of this chapter and the comprehensive plan.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Planned unit development (PUD) means a planned use of property which may involve multiple uses and/or multiple structures on a single parcel of property. Prior to issuance of permits for development within a PUD, the city council shall adopt a rezoning to a PUD overlay district and a development plan pursuant to procedures set forth in this section and section 101-4.

(d)

Authorization. Planned unit development approval may authorize:

(1)

Variety. Within a comprehensive site design concept, a mixture of land uses, housing types and densities.

(2)

Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with the underlying zoning district, approval of a planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. No modification, variance or departure from the standards contained in the underlying zoning district shall vary by more than 40 percent from such standards, except when the development is served by a collector wastewater treatment system, and the city council finds that the treatment capabilities of the system justify such greater departure. Notwithstanding the restrictions contained in this subsection, the city council shall have discretion to establish the minimum lot size of a planned unit development within the agricultural zoning district during the development stage review process set forth at in subsection (j)(5) of this section.

(3)

Efficiency. The consolidation of areas for recreation, open space, conservation and reductions in street lengths and other utility related expenses.

(4)

Density cluster. The project density may be clustered, basing density on the number of units or floor area per acre for an overall development rather than specific lot or floor area requirements. No lot shall have less than one contiguous acre of buildable land, except when the development is served by a collector wastewater treatment system and the city council finds that the treatment capabilities of the system justify such greater departure. When calculating the allowed density of a project approved as a PUD, the total area shall be decreased by an amount equal to 50 percent of the area within the property boundaries delineated as wetland.

(5)

District integration. The combination of uses that are allowed in separate zoning districts such as:

a.

Mixed residential allows densities and land use types to vary within the project.

b.

Mixed land uses with the integration of compatible land uses within the project.

(6)

Urban street section. Upon review and approval of the city engineer, plans and specifications for internal streets within a PUD may be based upon an urban design standard with surmountable curbs.

(7)

Farmland and open space. Land that has been previously farmed or existed as open space may be considered eligible for rezoning to a PUD, provided that such lands preserve existing natural features or are altered to create unique natural features. The cost of creating natural features shall not be used in the calculation of public benefit required by subsection (d)(4) of this section.

(e)

Allowed uses. Uses within the PUD may include only those uses generally considered associated with the general land use category shown for the area on the official comprehensive plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in subsection (g) of this section.

(f)

Required standards.

(1)

The PUD shall be consistent with the standards and purposes of the comprehensive plan and this chapter and shall achieve maximum coordination between the proposed development and the surrounding uses and advance the conservation of woodlands and wetlands, as well as the protection of the health, safety, and welfare of the community and residents of the PUD. The planning commission and city staff shall consider the location of the buildings, compatibility with surrounding land uses, parking areas and other features with respect to the topography of the area and existing natural features such as creeks, rivers and large trees; the efficiency, adequacy and safety of the proposed layout of streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; the adequacy and location of utilities, including wastewater treatment facilities; and such other matters as the reviewing body may find to have a material bearing upon the stated standards and objectives of the comprehensive plan and this chapter.

(2)

The granting of a PUD shall in no way waive or reduce any other stipulation or requirement of other city, county, or state statutes or ordinances.

(3)

The city council shall review and consider applications for approval of a PUD pursuant to procedures set forth in subsection (g) of this section. Upon review and consideration, the city council may approve or deny the application for approval of a PUD. If the city council approves the PUD application, it shall be pursuant to adoption of rezoning of the subject property to PUD overlay district pursuant to section 101-4, including the adoption of reasonable conditions that the city council considers necessary to protect the public health, safety and welfare.

(4)

The applicant shall demonstrate and the city council shall find that approval of a PUD results in specific public benefit in terms of conservation of natural resources, protection of sensitive areas such as woodlands and wetlands, creation of active and passive recreational open space, provision for public facilities, including, but not limited to, playgrounds, trails, picnic shelters, fire, police and public works facilities. When making this finding, the city council shall consider whether the public benefit resulting from the approval of a PUD substantially exceeds the public benefit resulting from the approval of a subdivision of the same land without a approval of PUD. In no case shall the public benefit resulting from the approval of a PUD be less than two times the value of the park, open space, easement, roadway, and related dedications required pursuant to the city's subdivision regulations.

(5)

The applicant shall grant to the city conservation easements protecting all delineated wetlands. The easements may prohibit any development or alteration of land within 75 feet of delineated wetlands.

(g)

Coordination with subdivision regulations. Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD. The plans required under this section shall be submitted in a form that will satisfy the requirements of the chapter 107 for the preliminary and final plat, as well as applicable requirements of this chapter.

(h)

Revisions and/or changes.

(1)

Changes in uses, changes in the location, size, or height of structures, any rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved final development plan may be made only upon approval of an amendment to the PUD by the city council after a public hearing conducted by the city council or planning commission. Any changes shall be recorded as amendments to the recorded copy of the final development plan.

(2)

All of the provisions applicable to the original district within which the PUD is established shall apply to the PUD district except as otherwise provided in approval of the development plan.

(3)

If substantial development has not occurred within a specified time after approval of the PUD district, the city council may direct the planning commission to initiate revocation of approval of the city council's rezoning to a PUD overlay district. It shall not be necessary for the city council to find that the rezoning was in error.

(i)

Phasing and guarantee of performance.

(1)

The city staff shall compare the actual development accomplished in the various PUD zones with the approved development schedule. In no case shall this review occur at intervals greater than one year.

(2)

Upon recommendation of the planning commission and for good cause shown by the property owner, the city council may extend the limits of the development schedule.

(3)

The construction and provision of all of the common open space, utilities, and public and recreational facilities that are shown on the development plan must proceed at the same rate or faster as the construction of the other infrastructure improvements. The city staff shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find that the rate of construction of infrastructure is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the city council for action.

(4)

A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit and the specific elements of the development program that it is intended to guarantee will be stipulated in the development agreement. The development agreement shall require the developer to pay reasonable fees for administration and processing of the PUD.

(j)

Procedure for processing a planned unit development.

(1)

Application conference. Upon the filing of an application, the applicant of the proposed PUD shall attend a meeting with city staff. 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 proposal for the area for which it is proposed and its conformity to the provisions of this section before incurring substantial expense in the preparation of plans, surveys and other data.

(2)

Concept plan.

a.

Procedure. The 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.

b.

Schedule.

1.

The developer meets with city staff to discuss conceptual plans for the proposed developments.

2.

The applicant shall file the concept stage application and preliminary plat together with written data describing total acreage, overall density, density of the developed area of the PUD, area of open space, proposed plan for a collector wastewater treatment facility, if applicable, and other relevant information that helps convey the applicant's intent for the development.

3.

Within 30 days after verification by city staff that the required plan and supporting data is adequate, the planning commission shall hold a public hearing.

4.

The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to the hearing to owners of land within 1,000 feet of the boundary of the property in question.

5.

The city council may hold a public hearing after the receipt of the report and recommendations from the planning commission. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The city council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a four-fifths vote of the entire city council.

(3)

Development stage. If the city council approves the concept plan, the applicant shall submit the development stage application and final plat. The application shall proceed and be acted upon in accordance with this chapter and pursuant to provisions for rezoning set forth in section 101-4. If appropriate because of the limited scale of the proposal, the concept stage and development stages may proceed simultaneously.

(4)

Applications.

a.

General concept stage. Applications at this stage shall include:

1.

Preliminary plat and information required by chapter 107.

2.

The applicant's name and address if different from the landowner.

3.

The landowner's name and address and interest in the subject property. The applicant shall include evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or certificate of title for registered property, and such other evidence as the city attorney may require to show the status of title or control of the subject property.

4.

The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

b.

Present status. Applications at this stage shall include:

1.

The address and legal description of the property.

2.

The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the property.

3.

A map depicting the existing development of the property and all land within 1,000 feet thereof and indicating the location of existing streets, property lines, and easements with invert elevations on and within 100 feet of the property.

4.

A written statement generally describing the proposed PUD and the market that it is intended to serve and its demand, showing its relationship to the comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations.

5.

Site conditions, depicted as graphic reproductions of the existing site conditions at an appropriate scale to show necessary details, including:

(i)

Contours, at a minimum of two-foot intervals.

(ii)

Location, type and extent of tree cover.

(iii)

Slope analysis.

(iv)

Location and extent of water bodies, wetlands and floodplains within 1,000 feet of the property.

(v)

Existing drainage patterns.

(vi)

Vistas and significant views.

(vii)

Soil conditions as they affect development.

(viii)

All utilities and facilities shall be shown above or below ground.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

6.

Schematic drawing of the proposed development concept, including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.

7.

A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percentage of the total project area, which shall include at least the following:

(i)

Area devoted to residential uses.

(ii)

Area devoted to residential use by building type.

(iii)

Area devoted to common open space and wastewater treatment, if applicable.

(iv)

Area devoted to public open space.

(v)

Approximate area devoted to streets.

(vi)

Approximate area devoted to, and number of, off-street parking and loading spaces and related access.

(vii)

Approximate area and floor area devoted to commercial and neighborhood business uses.

(viii)

Approximate area and floor area devoted to light industrial or office use.

(ix)

Infrastructure layout and phasing, including, but not limited to, streets and utilities.

8.

When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion dates for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and overall chronology of development to be followed from stage to stage.

9.

When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities, including, for collector wastewater treatment facilities, a statement of the operating capabilities of such facilities and a showing that the facilities are adequate to serve the project.

10.

Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

11.

The city may excuse an applicant from submitting any specific item of information or document required in this stage that it finds to be unnecessary or irrelevant to the consideration of the specific proposal.

12.

The city may require the submission of any additional information or documentation that it may find necessary or appropriate to full consideration of the proposed PUD.

(5)

Development stage application. Development stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submission shall include, but not be limited to:

a.

A final plat and information required by chapter 107.

b.

Required number of sets of preliminary plans (as established by resolution of the city council) drawn to an appropriate scale to show necessary details containing at least the following information:

1.

Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county where the subject property is situated).

2.

Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.

3.

The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any.

4.

Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements.

5.

Location, designation and total area of all common open space.

6.

Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, and recreational facilities.

7.

Proposed lots and blocks, if any and numbering system.

8.

The location, use and size of structures and other land uses on adjacent properties.

9.

Detailed sketches and provisions of proposed landscaping.

10.

General grading and drainage plans for the developed PUD. Grading plans should identify the proposed house pad elevations, drainage patterns on each lot, drainage direction arrows for the entire site for each lot, and the type of house proposed on each lot.

11.

Any other information that may have been required by the planning commission or city council in conjunction with the approval of the general concept plan.

c.

An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

d.

A tabulation indicating the number of residential dwelling units and expected population.

e.

A tabulation indicating the gross square footage, if any, of commercial, neighborhood business, and light industrial floor space, by type of activity.

f.

Preliminary architectural plans indicating use, floor plan, building elevations and exterior wall finishes of proposed buildings.

g.

A detailed site plan, suitable for recording and showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structure, and uses.

h.

Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The grading plan should clearly reflect the site treatment and its conformance with the approved concept plan. Grading plans should identify the proposed house pad elevations, drainage patterns on each lot, drainage direction arrows for the entire site for each lot, and the type of house proposed on each lot.

i.

A preliminary plat prepared in accordance with chapter 107.

j.

A soil erosion control plan acceptable to watershed districts, the department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

(k)

Control of planned unit development following completion.

(1)

After the building permit has been issued, no changes shall be made in the approved development plan except upon application as provided below:

a.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the development plan, unless an amendment to the development plan is approved pursuant to subsection (h) of this section.

b.

Changes in the use of the common open space may be authorized by an amendment to the development plan pursuant to subsection (h) of this section.

c.

Any other changes in the development plan must be authorized by an amendment of the development plan pursuant to subsection (h) of this section.

(2)

Approval of the PUD shall include a guarantee for the maintenance and repair of any landscaping, grounds, and structures for two years after construction of the development is completed. Such guarantee shall be in the form of a bond, letter of credit, or cash escrow account.

(Prior Code, ch. 1326; Ord. No. 01-09; Ord. No. 04-03)

(a)

Purpose. This section pertains to the CLR district. This district is intended to apply to former landfills that are qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPCA). The purpose of the district is to limit uses of land within the closed landfill, both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place and, at the same time, are protective of human health and safety. This district shall only apply to the closed landfill's land management area, the limits of which are defined by the MPCA. This district shall apply whether the landfill is in public (MPCA, county, city, township), Indian tribal, or private ownership.

For purposes of this section, the land management area for the Oak Grove Landfill, a qualified facility under the MPCA's Closed Landfill Program, is described as:

(b)

Permitted uses.

(1)

Uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems (i.e. gas to energy system), other response action systems, monitoring wells, or any other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences and gates shall be allowed under these provisions.

(c)

Accessory uses.

(1)

Accessory uses shall be limited to installation, operation and maintenance of equipment to support permitted uses.

(d)

Conditional uses.

(1)

Conditional uses shall be limited to passive uses to protect the integrity of the landfill area and to protect any person from hazards associated with the landfill. The landfill shall be planted in cover crops and shall be maintained by the MPCA.

(2)

Any proposed conditional use must be approved by the commissioner of the Minnesota Pollution Control Agency (MPCA) and the city. Such approved use shall not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment system, or the function of any monitoring system that exists upon the described property.

(e)

General regulations.

(1)

Requirements for parking, signs, height and other regulations are set forth in section 109 article VI of this code.

(Ord. No. 15-02, § 2, 3-9-2015)