Zoneomics Logo
search icon

Park Rapids City Zoning Code

ZONING DISTRICT

REQUIREMENTS

§ 151.055 AVERAGING SETBACKS.

   (A)   (1)   Outside of shoreland areas, in the (R-1) Single-Family Residential, (R-2) Single, 2-Family and Townhouse Residential, (R-3) Medium Density Residential, and (R-B) Residential-Business Transitional Districts, where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures.
      (2)   If there is only 1 adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure.
      (3)   The front setback required by this section shall not be less than 20 feet.
      (4)   All setback distances shall be measured from the appropriate lot line.
   (B)   In shoreland areas, the structure setback from the ordinary high water level may be modified to equal the average of the principal structure setback on lots immediately adjacent to the parcel in question provided that no structure setback shall be established at less than 50 feet from the ordinary high water level and no structure shall be allowed within a shore or bluff impact zone.
(Prior Code, § 66-50) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999

§ 151.056 DISTANCE BETWEEN BUILDINGS.

   (A)   No more than 1 principal building may be located on 1 lot in a residential district.
   (B)   In other districts, each principal building shall be a minimum of 12 feet from any other principal building on the lot.
(Prior Code, § 66-51) (Ord. passed 1994) Penalty, see § 151.999

§ 151.057 (C-1) CONSERVATION DISTRICT.

   (A)   Statement of intent. This Conservation District is intended to maintain the open space area in the center of Park Rapids and to prevent property losses resulting from inappropriate development of the river floodplain.
   (B)   Permitted uses.
      (1)   Pasture and cropland consistent with § 151.085;
      (2)   Forestry consistent with § 151.086;
      (3)   Public parks, open space, playgrounds, campgrounds; and
      (4)   Accessory uses and structures to the above permitted uses. See § 151.115.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in § 151.240 of this chapter:
      (1)   Single-family residences;
      (2)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (3)   Licensed daycare facility serving 12 or fewer persons;
      (4)   Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (5)   Commercial recreational uses utilizing and dependent upon the natural amenities of the zoning district and immediate, surrounding area; and
      (6)   Accessory uses and structures to the above uses. See § 151.115.
Yard requirements for C-1 District
1-Family
Other Uses
Yard requirements for C-1 District
1-Family
Other Uses
Lot area minimum square feet
1 acre
5 acres
Lot width minimum feet
200 feet
500 feet
Maximum lot coverage
10%
5%
Front yard minimum
50 feet
50 feet
Side yard minimum
30 feet
30 feet
Rear yard minimum/alley
30 feet, 0 feet
30 feet, 0 feet
Maximum height
25 feet
25 feet
 
      (7)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Prior Code, § 66-52) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.058 (AG-1) AGRICULTURAL DISTRICT.

   (A)   Statement of intent. This district is intended to preserve areas for low intensity use such as forestry, pasture and cropland, low density residential development and outdoor recreation, and to serve as a holding zone for future higher intensity uses when infrastructure is made available.
   (B)   Permitted uses.
      (1)   Pasture and cropland consistent with § 151.085;
      (2)   Forestry consistent with § 151.086;
      (3)   Nurseries;
      (4)   Single-family housing and duplexes;
      (5)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (6)   Licensed daycare facility serving 12 or fewer persons;
      (7)   Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children; and
      (8)   Accessory structures and uses. See § 151.115.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in §§ 151.240 et seq. of this chapter:
      (1)   Offices of veterinary and animal clinics, kennels, and public animal shelters;
      (2)   Essential service utility structure and facilities;
      (3)   Home occupations consistent with § 151.146;
      (4)   Parks, campgrounds, golf courses, golf driving ranges, race tracks, historical sites, museums, and related commercial facilities;
      (5)   Cemeteries, including animal cemeteries;
      (6)   Treatment plants: water and sewage;
Yard Requirements for AG-1 District
Unsewered
Unsewered
Sewered
Sewered
1-Family
Other Uses
1-Family
Other Uses
Yard Requirements for AG-1 District
Unsewered
Unsewered
Sewered
Sewered
1-Family
Other Uses
1-Family
Other Uses
Lot area minimum
10 acres
10 acres
2 acres
5 acres
Lot width minimum feet
600 feet
600 feet
150 feet
500 feet
Maximum lot coverage
10%
5%
10%
5%
Front yard minimum
50 feet
50 feet
50 feet
50 feet
Side yard minimum
30 feet
30 feet
30 feet
30 feet
Rear yard minimum/alley
30 feet/0 feet
30 feet/0 feet
30 feet/0 feet
30 feet/0 feet
Maximum height
30 feet
30 feet
30 feet
30 feet
 
      (7)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance; and
      (8)   Self-storage/mini-storage facilities.
(Prior Code, § 66-53) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012; Am. Ord. 630, passed 11-12-2024) Penalty, see § 151.999

§ 151.059 (P) PUBLIC AND QUASI-PUBLIC ZONE DISTRICT.

   (A)   Statement of intent. To provide areas for actual or planned facilities intended to serve the public; to permit orderly and economic development of public service utilities.
   (B)   Permitted uses. Cemeteries.
   (C)   Conditional uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
      (1)    Airport: Public and/or private;
      (2)   Campground: Public or private;
      (3)   Public penal and correctional institutions;
      (4)   Public sanitary landfills, transfer stations, and recycling centers;
      (5)   Essential service utility structures and facilities; and
      (6)   Accessory uses to the above principal uses. See § 151.115.
Yard Requirements for P District
Other Uses
Yard Requirements for P District
Other Uses
Lot area minimum square feet
5 acres
Lot width minimum feet
300 feet
Maximum lot coverage
50%
Front yard minimum
100 feet
Side yard minimum
30 feet
Rear yard minimum/alley
30 feet/0 feet
Maximum height
35 feet
 
      (7)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Prior Code, § 66-54) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010) Penalty, see § 151.999

§ 151.060 (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of intent. The purpose of the R-1 Single-Family Residential District is to provide low-density single-family detached residential dwelling units and directly related complementary uses.
   (B)   Permitted uses.
      (1)   Single-family detached dwellings;
      (2)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (3)   Licensed daycare facilities serving 12 or fewer persons;
      (4)   Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (5)   Public parks and playgrounds; and
      (6)   Accessory uses to permitted principal uses. See § 151.115.
   (C)   Conditional uses. The following are conditional uses in the R-1 District: (A conditional use permit is required based upon the procedures, factors, findings and conditions set forth in and regulated by § 151.243 of this chapter.)
      (1)   Bed and breakfast facilities;
      (2)   Public or semi-public recreational buildings and educational institutions limited to elementary, middle and senior high schools; and religious institutions such as churches, chapels, temples and synagogues;
      (3)   Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community;
      (4)   Boarding or renting rooms to not more than 1 person;
      (5)   Communication transmission and reception systems including but not limited to free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is located in the rear yard; if located on corner lots, no closer than 5 feet from all adjoining lot lines, and its location is reviewed by local utility companies. The City Council may require appropriate conditions as necessary to maintain the character of the surrounding area;
      (6)   Home occupations consistent with § 151.146.
      (7)   Hospitals and clinics: exclusive of public or private institutions for confinement of civil and criminal commitments;
      (8)   Fire stations;
      (9)   Essential service utility structures and facilities;
      (10)   Public golf courses;
      (11)   Residential Planned Unit Developments in the Shoreland Overlay District; and
      (12)   Accessory uses to the above principal uses.
Yard Requirements for R-1 District - Sewered Parcels
1-Family
Accessory Buildings
Other Buildings
Yard Requirements for R-1 District - Sewered Parcels
1-Family
Accessory Buildings
Other Buildings
Lot area minimum square feet
10,500
 
10,500
Lot width minimum feet
100 feet
 
100 feet
Maximum lot coverage
30%
30%
35%
Front yard minimum
35 feet
35 feet
35 feet
Side yard minimum
10 feet
10 feet
10 feet
Street side yard minimum
17.5 feet
17.5 feet
17.5 feet
Rear yard min./alley
30/20 feet
10/20 feet
30/20 feet
Maximum height
30 feet
17 feet
30 feet
 
Yard Requirements for R-1 District - Unsewered Parcels
1-Family
Accessory Buildings
Other Buildings
Yard Requirements for R-1 District - Unsewered Parcels
1-Family
Accessory Buildings
Other Buildings
Lot area minimum square feet
10 acres
 
5 acres
Lot width minimum feet
600 feet
 
600 feet
Maximum lot coverage
5%
5%
5%
Front yard minimum
35 feet
35 feet
35 feet
Side yard minimum
10 feet
10 feet
10 feet
Street side yard minimum
17.5 feet
17.5 feet
17.5 feet
Rear yard min./alley
30/20 feet
10/20
30/20 feet
Maximum height
30 feet
17 feet
30 feet
 
      (13)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Prior Code, § 66-55) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.061 (R-1A) SINGLE-FAMILY RESIDENTIAL IN ANNEXATION AREA DISTRICT.

   (A)   Statement of intent. The purpose of the R-1A Single-Family Residential in Annexation Area District is to provide low density single-family detached residential dwelling units and directly related complementary uses primarily in previously platted area within the Henrietta Township Orderly Annexation Area.
   (B)   Permitted uses.
      (1)   Single-family detached dwellings;
      (2)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (3)   Licensed daycare facilities serving 12 or fewer persons;
      (4)   Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (5)   Public parks and playgrounds; and
      (6)   Accessory uses to permitted principal uses. See § 151.115.
   (C)   Conditional uses. The following are conditional uses in the R-1A District: (A conditional use permit is required based upon the procedures, factors, findings and conditions set forth in and regulated by § 151.243 of this chapter.)
      (1)   Bed and breakfast facilities;
      (2)   Public or semi-public recreational buildings and educational institutions limited to elementary, middle and senior high schools; and religious institutions such as churches, chapels, temples and synagogues;
      (3)   Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community;
      (4)   Boarding or renting rooms to not more than 1 person;
      (5)   Communication transmission and reception systems including but not limited to free- standing satellite dishes, towers and/or antennae, provided that any ground cased device is located in the rear yard; if located on corner lots, no closer than 5 feet from all adjoining lot lines, and its location is reviewed by local utility companies. The City Council may require appropriate conditions as necessary to maintain the character of the surrounding area;
      (6)   Home occupations consistent with § 151.146;
      (7)   Hospitals and clinics: exclusive of public or private institutions for confinement of civil and criminal commitments;
      (8)   Fire stations;
      (9)   Essential service utility structures and facilities;
      (10)   Public golf courses;
      (11)   Residential planned unit developments in the Shoreland Overlay District; and
      (12)   Accessory uses to the above principal uses.
Yard Requirements for R-1A District - Sewered Parcels
1-Family
Accessory Buildings
Other Buildings
Yard Requirements for R-1A District - Sewered Parcels
1-Family
Accessory Buildings
Other Buildings
Lot area minimum square feet
10,500
 
10,500
Lot width minimum feet
100 feet
 
100 feet
Maximum lot coverage
30%
30%
35%
Front yard minimum
35 feet
35 feet
35 feet
Side yard minimum
10 feet
10 feet
10 feet
Street side yard minimum
17.5 feet
17.5 feet
17.5 feet
Rear yard min./alley
30/20 feet
10/20
30/20 feet
Maximum height
30 feet
17 feet
30 feet
 
Yard Requirements for R-1A District - Unsewered Parcels
1-Family
Accessory buildings
Other buildings
Yard Requirements for R-1A District - Unsewered Parcels
1-Family
Accessory buildings
Other buildings
Lot area minimum square feet
2.5 acres
 
52. acres
Lot width minimum feet
200 feet
 
200 feet
Maximum lot coverage
5%
5%
5%
Front yard minimum
35 feet
35 feet
35 feet
Side yard minimum
10 feet
10 feet
10 feet
Street side yard minimum
17.5 feet
17.5 feet
17.5 feet
Rear yard min./alley
30/20 feet
10/20
30/20 feet
Maximum height
30 feet
17 feet
30 feet
 
      (13)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012)
2013 S-10

§ 151.062 (R-2) SINGLE, 2-FAMILY AND TOWNHOUSE DISTRICT.

   (A)   Statement of intent. This district is intended to provide low to moderate density single and 2-family dwellings, twinhomes and townhouses and directly related complimentary uses.
   (B)   Permitted uses.
      (1)   Single-family detached dwellings;
      (2)   Twinhomes, with municipal services only;
      (3)   Two-family dwelling units (duplex);
      (4)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (5)   Licensed daycare serving 12 or fewer persons;
      (6)   Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (7)   Public parks and playgrounds; and
      (8)   Accessory uses to permitted principal uses. See § 151.115.
   (C)   Conditional uses. The following are conditional uses in the R-2 District, requiring a conditional use permit based upon the procedures, findings, factors and conditions set forth in and regulated by § 151.243:
      (1)   Bed and breakfast facilities;
      (2)   Public or semi-public recreational buildings and educational institutions limited to elementary, middle and senior high schools; and religious institutions such as churches, chapels, temples and synagogues;
      (3)   Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community;
      (4)   Town homes containing 4 units or less;
      (5)   Mobile and manufactured home parks in accordance with § 151.158;
      (6)   State licensed residential facility serving 7 to 16 persons;
      (7)   Licensed daycare facility serving 13 to 16 persons;
      (8)   Nursing homes, hospitals and clinics: exclusive of public or private institutions for confinement of civil and criminal commitments;
      (9)   Fire stations;
      (10)   Essential service utility structures and facilities;
      (11)   Public golf courses;
      (12)   Boarding or renting rooms to not more than 1 person;
      (13)   Communication transmission and reception systems including but not limited to free-standing satellite dishes, towers and/or antennas, provided that any ground cased device is located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot lines, and its location is reviewed by local utility companies. The City Council may require appropriate conditions as necessary to maintain the character of the surrounding area;
      (14)   Home occupations consistent with § 151.146;
      (15)   Residential Planned Unit Developments in the Shoreland Overlay District;
      (16)   Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety and welfare; and
      (17)   Accessory uses to the above principal uses (see § 151.115).
Yard Requirements for R-2 District - Sewered Parcels
1-Family
Accessory Building
Twin-
home
Duplex
Town-
houses
Other Buildings
Yard Requirements for R-2 District - Sewered Parcels
1-Family
Accessory Building
Twin-
home
Duplex
Town-
houses
Other Buildings
Lot area minimum square feet
9,000
 
5,500
10,500
11,000 first 2 units; 3,500 for each add’l. unit
10,500
Lot width minimum feet
80 feet
 
50 feet
100 feet
50 feet
(end lots)
25 feet (interior lots)
100 feet
Maximum lot coverage
30%
 
35%
35%
40%
35%
Front yard minimum
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
Side yard minimum
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
Street side yard minimum
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet
Rear yard minimum/alley
30 feet/20 feet
5 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
Maximum height
30 feet
17 feet
30 feet
30 feet
35 feet
30 feet
 
Yard Requirements for R-2 District - Unsewered Parcels
1-Family
Accessory Building
Duplex
Other Buildings
Yard Requirements for R-2 District - Unsewered Parcels
1-Family
Accessory Building
Duplex
Other Buildings
Lot area minimum square feet
10 acres
 
10 acres
10 acres
Lot width minimum feet
600 feet
 
600 feet
600 feet
Maximum lot coverage
5%
 
5%
5%
Front yard minimum
30 feet
30 feet
30 feet
30 feet
Side yard minimum
5 feet
5 feet
5 feet
10 feet
Street side yard minimum
15 feet
15 feet
15 feet
15 feet
Rear yard minimum/alley
30 feet/20 feet
5 feet/20 feet
30 feet/20 feet
30 feet/20 feet
Maximum height
30 feet
17 feet
30 feet
30 feet
 
      (18)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
      (19)   Recreational camping area which:
         (a)   Meet all Minnesota Department of Health general requirements for a recreational camping area;
         (b)   Is a minimum of 10 acres;
         (c)   Does not exceed 25% impervious lot coverage.
      (20)   Professional office under 10,000 square feet.
(Prior Code, § 66-56) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 425, passed 1-25-2005; Am. Ord. 469, passed 10-24-2006; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012; Am. Ord. 540, passed 10-9-2012; Am. Ord. 554, passed 4-14-2015) Penalty, see § 151.999

§ 151.063 (R-3) MEDIUM DENSITY RESIDENTIAL DISTRICT.

   (A)   Statement of intent. The purpose of the R-3 Medium Density Residential District is to provide for medium density housing in multiple family structures and directly related complementary uses.
   (B)   Permitted uses.
      (1)   Single-family detached dwellings;
      (2)   Two-family dwelling units (duplex);
      (3)   Twinhomes, with municipal services only;
      (4)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (5)   Licensed daycare serving 12 or fewer persons;
      (6)   Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (7)   Multi-family dwellings containing 12 or less units;
      (8)   Townhouses containing 8 units or less;
      (9)   Boarding houses limited to not more than 10 persons;
      (10)   Public parks and playgrounds; and
      (11)   Accessory uses to permitted principal uses; ( See § 151.115).
   (C)   Conditional uses. The following are conditional uses in the R-3 District, requiring a conditional use permit based upon the procedures, findings, factors and conditions set forth in and regulated by § 151.243.
      (1)   Bed and breakfast facilities;
      (2)   Public or semi-public recreational buildings and educational institutions limited to elementary, middle and senior high schools; and religious institutions such as churches, chapels, temples and synagogues;
      (3)   Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community;
      (4)   Townhouses containing more than 8 units;
      (5)   Mobile and manufactured home parks in accordance with § 151.158, manufactured home park standards.
      (6)   State licensed residential facility serving 7 to 16 persons;
      (7)   Nursing homes, hospitals and clinics: exclusive of public or private institutions for confinement of civil and criminal commitments;
      (8)   Fire stations;
      (9)   Essential service utility structures and facilities;
      (10)   Public golf courses;
      (11)   Communication transmission and reception systems including but not limited to free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot lines, and its location is reviewed by local utility companies. The City Council may require appropriate conditions as necessary to maintain the character of the surrounding area;
      (12)   Home occupations consistent with § 151.146;
      (13)   Residential Planned Unit Developments in the Shoreland Overlay District;
      (14)   Small resort containing 12 or less units;
      (15)   Licensed daycare facility serving over 12 persons;
      (16)   Group family daycare licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve over 14 children;
      (17)   Professional services located in existing homes consistent with § 151.160;
      (18)   Multiple-family greater than 12 units;
      (19)   Other residential, institutional, or government service uses determined by the planning agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare; and
      (20)   Accessory uses to the above principal uses. See § 151.115.
Yard Requirements for R-3 District - Sewered Parcels
1-Family
Accessory Building   
Twinhome
Duplex
Townhouses
Other Buildings   
Multi- Family
Yard Requirements for R-3 District - Sewered Parcels
1-Family
Accessory Building   
Twinhome
Duplex
Townhouses
Other Buildings   
Multi- Family
Lot area minimum square feet
8,500
 
5,500
10,500
11,000 first 2 units; 3,500 for each add’l. unit
10,500
10,500 plus 1,500 per unit
Lot width minimum feet
75 feet
 
50 feet
100 feet
50 feet (end lots) 25 feet (interior lots)
100 feet
100 feet
Maximum lot coverage
30%
 
35%
35%
40%
35%
40%
Front yard minimum
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
Side yard minimum
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
10 feet
Street side yard minimum
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet
Rear yard minimum/alley
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
Maximum height
30 feet
17 feet
30 feet
30 feet
35 feet
45 feet
35 feet
Yard Requirements for R-3 District - Unsewered Parcels
1-Family
Accessory Building   
Duplex
Townhouses   
Other Buildings   
Multi- Family
Yard Requirements for R-3 District - Unsewered Parcels
1-Family
Accessory Building   
Duplex
Townhouses   
Other Buildings   
Multi- Family
Lot area minimum square feet
10 acres
 
10 acres
10 acres
10 acres
10 acres
Lot width minimum feet
600 feet
 
600 feet
600 feet
600 feet
600 feet
Maximum lot coverage
5%
 
5%
5%
5%
5%
Front yard minimum
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
Side yard minimum
5 feet
5 feet
5 feet
5 feet
5 feet
10 feet
Street side yard minimum
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet
Rear yard minimum/alley
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
Maximum height
30 feet
17 feet
30 feet
35 feet
45 feet
35 feet
 
      (21)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Prior Code, § 66-57) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 418, passed 11-29-2004; Am. Ord. 421, passed 1-25-2005; Am. Ord. 469, passed 10-24-2006; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.064 (R-B) RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.

   (A)   Intent. The purpose of the R-B District is to provide for the transition in land use from residential to low intensity business allowing for the intermixing for these uses.
   (B)   Permitted uses.
      (1)   Single-family detached dwellings;
      (2)   Two-family dwelling units (duplex);
      (3)   Twinhomes, with municipal services only;
      (4)   State licensed residential facility or a housing with services establishment registered under M.S. Chapter 144D serving 6 or fewer persons;
      (5)   Licensed daycare serving 12 or fewer persons;
      (6)   Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children;
      (7)   Public parks and playgrounds;
      (8)   Multi-family dwellings containing 12 or less units;
      (9)   Townhouses containing 8 units or less;
      (10)   Boarding houses limited to not more than 10 persons;
      (11)   Public libraries and museums;
      (12)   Public office buildings (such as city hall, courthouse, state of Minnesota, and the like.)
      (13)   Professional service offices; and
      (14)   Accessory uses to the above permitted uses; (See § 151.115).
   (C)   Conditional uses. The following are conditional uses in the R-B District, requiring a conditional use permit based upon the procedures, findings, factors and conditions set forth in and regulated by § 151.243:
      (1)   Bed and breakfast facilities;
      (2)   Public or semi-public recreational buildings and educational institutions limited to elementary, middle and senior high schools; and religious institutions such as churches, chapels, temples and synagogues;
      (3)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community;
      (4)   Town homes containing more than 8 units;
      (5)   Small resort containing 12 or less units;
      (6)   Licensed daycare facility serving over 12 persons;
      (7)   Group family daycare licensed under Minn. Rules, Parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve over 14 children;
      (8)   Mobile and manufactured home parks in accordance with § 151.158, manufactured home park standards;
      (9)   State licensed residential facility serving 7 to 16 persons;
      (10)   Communication transmission and reception systems including but not limited to free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot lines, and its location is reviewed by local utility companies. The City Council may require appropriate conditions as necessary to maintain the character of the surrounding area;
      (11)   Home occupations consistent with § 151.146;
      (12)   Residential Planned Unit Developments in the Shoreland Overlay District;
      (13)   Hospitals, nursing homes, medical offices and clinics, (exclusive of public or private institutions for confinement of civil and criminal commitments);
      (14)   Fire stations;
      (15)   Essential service utility structures and facilities;
      (16)   Public golf courses;
      (17)   Public mental health clinic;
      (18)   Seasonal retail establishments located in existing homes as regulated by § 151.160;
      (19)   Parking facilities for adjacent commercial or multiple dwelling establishments;
      (20)   Buildings combining residential and non-residential uses;
      (21)   Other residential, institutional, or government service uses determined by the planning agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare; and
      (22)   Accessory uses to the above principal uses. See § 151.115.
Yard Requirements for R-B District - Sewered Parcels
1-Family
Accessory Building
Twinhome
Duplex
Townhouses
Other Buildings
Multi-family
Yard Requirements for R-B District - Sewered Parcels
1-Family
Accessory Building
Twinhome
Duplex
Townhouses
Other Buildings
Multi-family
Lot area minimum square feet
10,500
 
5,500
10,500
11,000 first 2 units; 3,500 for each add’l. unit
10,500
10,500 plus 1,500/unit
Lot width minimum feet
100 feet
 
50 feet
100 feet
50 feet (end lots) 25 feet (interior lots)
100 feet
100 feet
Maximum lot coverage
30%
 
35%
35%
40%
40%
40%
Front yard minimum
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
Side yard minimum
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
5 feet
Street side yard minimum
20 feet
20 feet
20 feet
15 feet
15 feet
20 feet
15 feet
Rear yard minimum/alley
30 feet/20 feet
5 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
30 feet/20 feet
Maximum height
30 feet
17 feet
30 feet
30 feet
35 feet
45 feet
45 feet
 
      (23)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
(Prior Code, § 66-60) (Am. Ord. 421, passed 1-25-2005; Am. Ord. 469, passed 10-24-2006; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.065 (B-1) HIGHWAY BUSINESS DISTRICT.

   (A)   Statement of intent. This district is established to accommodate commercial activities convenient to motorists and to accommodate those businesses which require large areas for off-street parking or commercial storage, and which generate substantial traffic originating from outside the community.
   (B)   Permitted uses. The following uses are allowed with a duly authorized permit from the Zoning Administrator:
      (1)   Professional services including banks, medical clinics, public mental health buildings, postal stations, and offices under 20,000 square feet;
      (2)   Personal services including dry cleaning and laundry establishments, laundromats, barber and beauty shops, funeral homes, and shoe repair shops;
      (3)   Equipment services including radio and television shops, electrical appliance shops;
      (4)   Food services including grocery stores, fruit and vegetable markets, meat markets, supermarkets, restaurants, delicatessens, candy shops and bakeries whose products are sold at retail on the premises;
      (5)   Retail businesses (under 20,000 square feet) including drug stores, hardware stores, stationery and book stores, floral shops, apparel shops, showrooms for articles to be sold at retail;
      (6)   Hotels and motels;
      (7)   Churches, temples, chapels, synagogues, cathedrals and shrines;
      (8)   Trade or business schools;
      (9)   Printing shops and newspaper office and sales;
      (10)   Public buildings and utilities, including public works buildings;
      (11)   Public libraries and museums;
      (12)   Public office buildings (such as city hall, courthouse, State of Minnesota, and the like);
      (13)   Hospitals and clinics: exclusive of public or private institutions for confinement of civil or criminal commitments;
      (14)   Fire stations;
      (15)   Treatment plants: sewage or water;
      (16)   Group daycares:
      (17)   Gas stations without service, including convenience stores. See conditional uses § 151.243; and
      (18)   Accessory uses and structures to the above permitted uses.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in §§ 151.240 et seq. of this chapter.
      (1)   Any professional service or retail establishment not specifically allowed as a permitted use in this district;
      (2)   Single and multi-family housing provided that the dwelling units are located above or behind commercial or office establishments, subject to the following conditions that any apartment shall be provided with private access, other than through a business;
      (3)   Entertainment businesses, such as bowling alleys, bars and theaters;
      (4)   Storage facilities and warehouses;
      (5)   Large retail business and offices over 20,000 square feet;
      (6)   On and off-sale liquor establishments;
      (7)   Recreational facilities such as bowling alleys, community centers, private fitness clubs, and the like;
      (8)   Hospitals, nursing homes, care facilities;
      (9)   Private clubs (i.e. VFW, Eagles, and the like);
      (10)   Veterinary and animal clinics, kennels, and public animal shelters;
      (11)   Manufactured housing sales and rental;
      (12)   Lumberyards, landscape equipment and sales;
      (13)   Contractors such as electrical, plumbing and building service and sales;
      (14)   Auto, boat, farm machinery and recreational vehicles repair, service and sales;
      (15)   Shopping centers (mini-malls, and the like);
      (16)   Public fairgrounds;
      (17)   Public golf courses;
      (18)    Other essential service utility structures and facilities;
      (19)   Light assembly/manufacturing incidental to the primary use and compatible with existing, permitted uses in this district;
      (20)   Other uses determined by the planning agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare;
      (21)   Accessory uses and structures to the above conditionally permitted uses;
Yard Requirements for B-1 District
All Uses - Unsewered
All Uses - Sewered
Yard Requirements for B-1 District
All Uses - Unsewered
All Uses - Sewered
Lot area minimum
1 acre
No minimum
Lot width minimum feet
200 feet
100 feet
Maximum lot coverage
50%
85%
Front yard minimum
15 feet
15 feet
Side yard minimum
15 feet
8 feet
Rear yard minimum/alley
10 feet/10 feet
10 feet/10 feet
Maximum building height
65 feet
65 feet
See § 151.156 for off-street parking requirements
 
      (22)    Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance; and
      (23)   Retail cannabis business; minimum buffer requirements: No retail establishment selling cannabis and/or cannabis products shall be permitted within 500 feet of a church or 500 feet of a school, licensed day care facility, or public park.
(Prior Code, § 66-61) (Am. Ord. 383, passed 5-13-2003; Am. Ord. 421, passed 1-25-2005; Am. Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 595, passed 7-23-2019; Am. Ord. 632, passed 12-30-2024) Penalty, see § 151.999

§ 151.066 (B-2) GENERAL BUSINESS DISTRICT.

   (A)   Statement of intent. This district is intended to preserve a central business district convenient and attractive for a wide range of retail uses and businesses, government and professional offices, in a setting conducive to and safe for a high level of pedestrian traffic.
   (B)   Permitted uses. The following uses are allowed with a duly authorized permit from the Zoning Administrator:
      (1)   Professional services including banks, medical clinics, postal stations, and offices;
      (2)   Personal services including dry cleaning and laundry establishments, laundromats, barber and beauty shops, funeral homes, and shoe repair shops;
      (3)   Equipment services including radio and television shops, electrical appliances shops;
      (4)   Food services including grocery stores, fruit and vegetable markets, meat markets, supermarkets, restaurants, delicatessens, candy shops and bakeries whose products are sold at retail on the premises;
      (5)   Retail businesses including drug stores, hardware stores, stationery and book stores, floral shops, apparel shops, showrooms for articles to be sold at retail;
      (6)   Public libraries and museums;
      (7)   Public office buildings (such as city hall, courthouse, State of Minnesota, and the like);
      (8)   Utilities: public and private utilities in compliance with all local, state and federal regulations; and
      (9)   Accessory uses and structures.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in §§ 151.240 et seq. of this chapter.
      (1)   Any professional service or retail establishment not specifically allowed as a permitted use in this district, e.g., plumbing and heating shops;
      (2)   Churches;
      (3)   Public mental health clinic;
      (4)   Other essential service utility structures and facilities;
      (5)   Single and multi-family housing provided that the dwelling units are located above or behind commercial or office establishments, subject to the following conditions that any apartment shall be provided with private access, other than through a business; and
      (6)   Entertainment businesses, such as bowling alleys, bars, theater, and health clubs.
      (7)   Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance.
   (D)   Accessory structures and uses.
      (1)   These specific requirements, in accordance with the Minnesota State Building Codes and the State of Minnesota’s Fire Codes, will be mandatory in the consideration given to individual building permits for the construction of awnings, marquees, canopies, roof extension, decks and balconies in the General Business District (B-2 Zone) as per the City of Park Rapids Building Inspector and the Planning Administrator.
      (2)   Requirements for awnings, marquees, canopies, roof extensions over the public right-of-way shall be considered a part of the principal structure and shall, therefore, meet all structure requirements, unless otherwise noted:
         (a)   Support poles must be a minimum of 8 feet from the front line and a minimum of 2.5 feet from the curb line.
         (b)   Height shall be a minimum of 8 feet from the sidewalk (grade) to lowest point, including support beams, and must be maintained with the exception of non-rigid awnings, which may extend to 7 feet from grade.
         (c)   Lighting must be a minimum of 1 foot candle to be maintained on the sidewalk area under the structure. Lighting must remain on after dark and all night long.
         (d)   Liability becomes the assumption of the property owner, who will assume all liability for the maintenance of the structures and must maintain them in a manner that will not jeopardize the health, safety and welfare of the public. This includes the removal of snow and ice build up that may occur during winter months. Refer to § 92.04 of the city code.
      (2)   Requirements for decks and balconies shall be considered a part of the principal structure and shall, therefore, meet all structure requirements, unless otherwise noted.
         (a)   Support poles must meet standards of awnings, marquees, canopies, and roof extensions.
         (b)   A deck must not extend beyond the support poles.
         (c)   Decks and balconies shall be for decorative purposes only. They are to be non-occupiable except for performing maintenance on the structure.
Yard Requirements for B-2 District
All Uses
Yard Requirements for B-2 District
All Uses
Lot area minimum
2,500 square feet
Lot width minimum feet
25 feet
Maximum lot coverage
None
Front yard minimum
0 feet
Side yard minimum
0 feet
Rear yard minimum/alley
30 feet/10 feet*
Maximum building height
65 feet
*In the B-2 District, awnings, marquees, canopies, balconies, decks, and roof extensions shall be allowed to extend beyond the 0 feet front setback, over the sidewalk (public right-of-way) upon meeting the requirements of this section
 
(Prior Code, § 66-62) (Am. Ord. 360, passed 2-12-2002; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 595, passed 7-23-2019) Penalty, see § 151.999

§ 151.067 (I-1) LIGHT INDUSTRY DISTRICT.

   (A)   Statement of intent. The provisions of the I-1 District are intended to provide areas for commercial establishments that are relatively independent from adjacent commercial uses for spin-off business use, extensive outdoor storage or warehousing, require close access to major thoroughfares, generate truck traffic, or have similar characteristics which make them incompatible uses in the B Districts and more appropriate as neighbors of industrial uses; and, to establish and preserve, in a location and manner which benefits the city, industrial and related uses which are relatively free from objectionable influences and therefore are of a nature that they will not adversely affect surrounding areas.
   (B)   Permitted uses. The following uses are allowed with a duly authorized land use permit from the Zoning Administrator:
      (1)   Light manufacturing and similar-type industrial operations that are consistent with the purposes of this district. See § 151.159;
      (2)   Wholesale building material storage yards, and lumberyards;
      (3)   Contractors and construction service shops, equipment rental, or storage yards;
      (4)   Wholesale establishments including warehousing and storage buildings;
      (5)   Commercial laundries and dry-cleaning plants;
      (6)   Veterinary clinics with overnight boarding facilities;
      (7)   Research and testing laboratories, storage buildings, and distributing stations other than those storing combustible or explosive fuels, used automobile parts, or other waste or junk;
      (8)   Bulk fuel distributorships, but only if located in the I-1 District adjacent to South Highway 71;
      (9)   Auto, boat, farm machinery and recreational vehicle repair, service and sales;
      (10)   Training facilities for high technology and manufacturing;
      (11)   Vocational schools;
      (12)   Conference centers;
      (13)   Other essential service utility structures and facilities; and
      (14)   Accessory uses to the above permitted uses.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in §§ 151.240 of this chapter.
      (1)    Day care facilities as an accessory use to a primary permitted use;
      (2)   Adult uses are subject to the following restrictions:
         (a)   Adult use/principal activities must be located at least 700 radial feet as measured in a straight line from the building upon which the adult use/principal is located to the property line if the following:
            1.   Residential zoned property;
            2.   Agricultural lands located in the neighboring township or in the city that is designated in the comprehensive plan for residential use;
            3.   A licensed daycare center including those used as an accessory use;
            4.   A public or private educational facility classified as elementary, middle, junior high, or senior high;
            5.   A public library;
            6.   A public park;
            7.   A church; and
            8.   Amusement places such as roller rinks, dance halls, or bowling alleys.
         (b)   Adult use/principal activities is a separate use and no 2 adult use/principal activities shall be located in the same building or upon the same property and each use shall be subject to the above.
         (c)   Adult use/principal activities are prohibited in establishments where liquor is served.
         (d)   Adult use/principal activities are prohibited at any place or event where minors are permitted.
      (3)    Other uses determined by the planning agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare;
Yard Requirements for I-1 District
All Uses
Yard Requirements for I-1 District
All Uses
Lot area minimum
20,000 square feet
Lot width minimum feet
100 feet
Maximum lot coverage
85%
Front yard minimum
35 feet
Side yard minimum
15 feet
Rear yard minimum/alley
30 feet/10 feet
Maximum building height
65 feet
 
      (4)    Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance; and
      (5)   Non-retail cannabis businesses; minimum buffer requirements: No non-retail establishment producing cannabis and/or cannabis products shall be permitted within 500 feet of a church or 500 feet of a school, licensed day care facility, or public park.
(Prior Code, § 66-63) (Am. Ord. 352, passed 8-28-2001; Am. Ord. 383, passed 5-13-2003; Am. Ord. 421, passed 1-25-2005; Am. Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 595, passed 7-23-2019; Am. Ord. 632, passed 12-30-2024) Penalty, see § 151.999

§ 151.068 (I-2) HEAVY INDUSTRY DISTRICT.

   (A)   Statement of intent. This district is intended to preserve areas for industrial uses, such as manufacturing, which by their nature are most appropriately located as neighbors of other industrial uses.
   (B)   Permitted uses. The following uses are allowed with a duly authorized permit from the Zoning Administrator:
      (1)   Any uses listed in an I-1 District;
      (2)   Heavy equipment contractors that require outside storage of equipment and construction materials;
      (3)   Manufacturing and similar type of industrial operations consistent with the purposes of this district that has no adverse environmental impacts, e.g. noise, odor, and the like;
      (4)   Grain elevators, feed mixing plants, and other agricultural manufacturing plants; and
      (5)   Accessory uses clearly incidental to the principle use.
   (C)   Conditional uses. The following uses may be permitted with the approval of a conditional use permit by the City Council following the procedures outlined in §§ 151.240 of this chapter.
      (1)   Wrecking and salvage yards when completely enclosed within a solid fence;
      (2)   Manufacturing of cement, cement products, and concrete;
      (3)   Stockpiling of sand, gravel, or fill dirt;
      (4)   Manufacture or distillation of grain, wood, or vegetable matter;
      (5)    Any industrial use not specifically listed as a permitted use in this district, and which by its nature has a minimum impact of noise, dirt, soot, offensive odors or unsanitary conditions which could be observed from beyond the specific industrial districts;
      (6)   Day care facilities;
Yard Requirements for I-2 District
All Uses
Yard Requirements for I-2 District
All Uses
Lot area minimum
1 acre
Lot width minimum feet
150 feet
Maximum lot coverage
85%
Front yard minimum
35 feet
Side yard minimum
15 feet
Rear yard minimum/alley
30 feet/0 feet
Maximum building height
65 feet
 
      (7)    Renewable energy systems (roof mounted active solar system or wind energy facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning and Universal Building Code regulations including setback and height requirements, be in compliance with all state and federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning Ordinance; and
      (8)   Non-retail cannabis businesses; minimum buffer requirements: No non-retail establishment producing cannabis and/or cannabis products shall be permitted within 500 feet of a church or 500 feet of a school, licensed day care facility, or public park.
(Prior Code, § 66-64) (Am. Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 595, passed 7-23-2019; Am. Ord. 632, passed 12-30-2024) Penalty, see § 151.999

§ 151.069 (S-O) SHORELAND OVERLAY DISTRICT.

   (A)   Generally. The regulations contained in this Overlay District are intended to guide and govern the wise development of shoreland of public waters, thus preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of water and related land resources in the city.
   (B)   Lot area requirements.
Lot Area Requirements
Lot Area Requirements
Unsewered Natural Environment Lakes
 
Riparian Lots
Nonriparian Lots
Single
80,000 square feet
80,000 square feet
Duplex
120,000 square feet
160,000 square feet
Triplex
160,000 square feet
240,000 square feet
Quad
200,000 square feet
320,000 square feet
Sewered Natural Environment Lakes
 
Riparian Lots
Nonriparian Lots
Single
40,000 square feet
20,000 square feet
Duplex
70,000 square feet
35,000 square feet
Triplex
100,000 square feet
52,000 square feet
Quad
130,000 square feet
65,000 square feet
Unsewered Recreational Development Lakes
 
Riparian Lots
Nonriparian Lots
Single
40,000 square feet
40,000 square feet
Duplex
80,000 square feet
80,000 square feet
Triplex
120,000 square feet
120,000 square feet
Quad
160,000 square feet
160,000 square feet
Sewered Recreational Development Lakes
 
Riparian Lots
Nonriparian Lots
Single
20,000 square feet
15,000 square feet
Duplex
35,000 square feet
26,000 square feet
Triplex
50,000 square feet
38,000 square feet
Quad
65,000 square feet
49,000 square feet
 
   (C)   Lot width requirements.
 
Lot Width Requirements
Unsewered Natural Environment Lakes
Sewered Natural Environment Lakes
Residential Use
Riparian Lots
Nonriparian Lots
Riparian Lots
Nonriparian Lots
Single
200 feet
200 feet
125 feet
125 feet
Duplex
300 feet
400 feet
225 feet
220 feet
Triplex
400 feet
600 feet
325 feet
315 feet
Quad
500 feet
800 feet
425 feet
410 feet
 
Special Lot Width Requirements for Shoreland Areas of Tributaries
Residential Use
Unsewered Lots
Sewered Lots
Single
100 feet
75 feet*
Duplex
150 feet
115 feet
Triplex
200 feet
150 feet
Quad
250 feet
190 feet
*Lot widths may be more restrictive in the underlying zoning district. The strictest standard shall apply.
 
 
Unsewered Recreational Development Lakes
Sewered Recreational Development Lakes
Residential Use
Riparian Lot
Nonriparian Lots
Riparian Lots
Nonriparian Lots
Single
150 feet
150 feet
75 feet*
75 feet*
Duplex
225 feet
265 feet
135 feet
135 feet
Triplex
300 feet
375 feet
195 feet
190 feet
Quad
375 feet
490 feet
255 feet
245 feet
*Lot widths may be more restrictive in the underlying zoning district. The strictest standard shall apply.
 
   (D)   Setback provisions.
Structure and other setbacks:*
Structures from
Class of Treatment Public Water
Ordinary High Water Level
Top of Bluff
Unplatted Cemetery
Side Lot Line
Federal, State or County Road
Other Road
Sewage System
(from OHWY)
Unsewered
Sewered
Unsewered
Sewered
R.O.W.
R.O.W.
Structure and other setbacks:*
Structures from
Class of Treatment Public Water
Ordinary High Water Level
Top of Bluff
Unplatted Cemetery
Side Lot Line
Federal, State or County Road
Other Road
Sewage System
(from OHWY)
Unsewered
Sewered
Unsewered
Sewered
R.O.W.
R.O.W.
Lakes
 
 
 
 
 
 
 
 
 
Natural Environment
150 feet
150 feet
30 feet
50 feet
12 feet
10 feet
50 feet
30 feet
150 feet
Recreational Development
100 feet
75 feet
30 feet
50 feet
10 feet
10 feet
50 feet
30 feet
75 feet
Rivers:
 
 
 
 
 
 
 
 
 
Tributaries
100 feet
50 feet
30 feet
50 feet
20 feet
10 feet
50 feet
30 feet
75 feet
*Structure setbacks from lot lines for non-riparian lots shall be equal to the existing setback requirement in the corresponding zoning district that the lot is located in.
 
      (1)   Averaging setbacks. In shoreland areas, the structure setback from the ordinary high water level may be modified to equal the average of the principal structure setback on lots immediately adjacent to the parcel in question provided that no structure setback shall be established at less than 50 feet from the ordinary high water level and no structure shall be allowed within a shore or bluff impact zone.
      (2)   Height of structures. No buildings shall exceed 25 feet in height in shoreland areas.
      (3)   Ground coverage percentage. The maximum ground coverage percentage shall be 25% of a lot in all shoreland areas and includes paving, cement, and all other impermeable surfaces.
      (4)   Distance between buildings.
         (a)   No more than 1 principal building may be located on 1 lot in a residential district.
         (b)   In other districts, each principal building shall be a minimum of 12 feet from any other principal building on the lot.
      (5)   Uses without water-oriented needs. Non-residential uses without water-oriented needs shall locate on lots without public water frontage or, if located on lots with public water frontage, shall be either set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography assuming summer leaf-on conditions.
      (6)   Guest cottages in shoreland areas. In shoreland areas, 1 guest cottage is allowed on lots meeting or exceeding the duplex lot area and width standards prescribed in divisions (B) and (C) of this section, provided the following minimum standards are met:
         (a)   A guest cottage may only be allowed as an accessory structure to a conforming single-family dwelling;
         (b)   For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage shall be located within the smallest duplex-sized lot that could be created including the principal unit;
         (c)   A guest cottage must not cover more than 500 square feet of land surface and must not exceed 15 feet in height; and
         (d)   A guest cottage must be located and designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
   (E)   Design criteria for structures in shoreland areas. In shoreland areas, all structures must be placed, and all lots developed, in accordance with the following design criteria:
      (1)   Structures. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows.
         (a)   For lakes, by placing the lowest floor at least 3 feet above the highest known water level, or 3 feet above the ordinary high water level, whichever is higher;
         (b)   For rivers and tributaries, by placing the lowest floor at least 3 feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at east 3 feet above the ordinary high water level, or by conducting a technical evaluation to determine the effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all 3 approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Statewide Floodplain Management Rules parts 6120.5000 to 6120.6200. If more than 1 approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities.
      (2)   Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements:
         (a)   Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments if specifically authorized in a conditional use permit;
         (b)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be allowed for commercial properties, public open-space recreational properties, and Planned Unit Developments if specifically authorized in a conditional use permit;
         (c)   Canopies or roofs are not allowed on stairways, lifts, or landings;
         (d)   Stairways, lifts, or landings may be either constructed above the ground on posts or pilings, or placed into the ground provided they are designed and built in a manner that ensures control of soil erosion;
         (e)   Stairways, lifts, or landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public waters assuming summer, leaf-on conditions, whenever practical; and
         (f)   Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed as a conditional use (variance) for achieving access to shore areas, provided that the dimensional and performance standards of ADAG, Americans with Disabilities Act Guidelines, are complied with.
      (3)   Accessory structures and facilities. All accessory structures and facilities must meet or exceed structure setback standards.
      (4)   Bluff impact zones. Structures or facilities, except stairways and landings, must not be placed within bluff impact zones.
      (5)   Significant historic sites in shoreland areas. No structure may be placed on a significant historic site in a shoreland area in a manner that affects the value of the site unless adequate information about the site has been removed and deposited in a public repository.
      (6)   Steep slopes in shoreland areas.
         (a)   The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for the construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes.
         (b)   When determined necessary, conditions must be attached to issue permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer leaf-on conditions.
      (7)   Subdivisions of duplexes, triplexes, and quads on natural environment lakes. Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the following standards:
         (a)   Each building must be set back at least 200 feet from the ordinary high water level;
         (b)   Each building must have common sewage treatment and water systems in 1 location and serve all dwelling units in the building;
         (c)   Watercraft docking facilities for each lot must be centralized in 1 location and serve all dwelling units in the building; and
         (d)   No more than 25% of a lake’s shoreline may be in duplex, triplex, or quad developments.
      (8)   See §§ 151.100 et seq. for non-conformities and substandard lots of record in a shoreland district.
(Prior Code, § 66-66) (Ord. passed 1994; Am. Ord. 375, passed 11-26-2002; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999

§ 151.070 (PUD) PLANNED UNIT DEVELOPMENT DISTRICT.

   (A)   Purpose and intent.
      (1)   The purpose and intent of the PUD Planned Unit Development District is to offer an alternative to the strict enforcement of the provisions of the residential, commercial, and industrial zoning districts of this code. A PUD District may deviate from the definitive and precise requirements of established zoning districts if the particular areas to be developed can offer greater value to the community and can preserve the community’s health, welfare, and safety than if those same areas were to be developed as a single-purpose zoning district. A PUD District may involve 1 type of use or may be of a mixed-use so that it not only contains residential, commercial, or industrial uses, but a combination of these uses.
      (2)   Land in a PUD District is to be designed to achieve 1 or more of the following:
         (a)   Encourage flexibility in the development of land and in the design of structures;
         (b)   Encourage planned diversification in the type and location of structures;
         (c)   Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this code;
         (d)   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities;
         (e)   Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this code;
         (f)   Encourage the construction of appropriate aesthetic amenities which will enhance the character of the site;
         (g)   Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties;
         (h)   Facilitate implementation of the Comprehensive Plan;
         (i)   Provide for the development of unique land areas and sites that would not be possible under the strict application of this code;
         (j)   Encourage quality construction and design;
         (k)   Create development that fits the historical and actual development pattern of surrounding properties when that development doesn’t meet the strict standards of the zoning district in which they are located; and
         (l)   Allow for development patterns, types and styles that are of benefit to the community and/or meet community needs that are not adequately provided by the market under standard zoning requirements.
   (B)   General standards.
      (1)   Planned unit developments in Shoreland Districts are not subject to the requirements of this section. Instead, they are subject to the requirements of §§ 151.222 to 151.226.
      (2)   The Planned Unit Development District is a floating zone (not an overlay zone) designated within the zoning code and not pre-designated on the zoning map. It shall only be designated on the zoning map at such time as the City Council reviews and approves the final development plan for the planned unit development and an ordinance rezoning the property to planned unit development. At such time, the Planned Unit Development District is considered an amendment to the zoning map.
      (3)   The proposed planned unit development shall be consistent with the policies and goals of the Comprehensive Plan and the Comprehensive Plan land use map.
      (4)   The proposed planned unit development shall be consistent with the general intent of the City Code even if it doesn’t meet specific standards or parameters of the code.
      (5)   Types of allowable planned unit developments.
         (a)   A single-use planned unit development is a development consisting solely of 1 of the following use categories: residential, commercial, or industrial. Uses allowed in a single-use planned unit development shall be limited to the permitted, conditional, and accessory uses allowed in zoning districts which have allow uses consistent with those proposed in the planned unit development.
         (b)   A mixed-use planned unit development is a development consisting of any combination of residential, commercial, or industrial uses. Uses allowed in a mixed-use planned unit development may consist of uses consistent with those uses allowed as permitted, conditional or accessory uses in the underlying district and/or a similar use zoning district. The City Council may place more restrictive conditions on the mixture of uses within a planned unit development to ensure preservation of the public health, safety, and welfare; compliance with the intent of this subchapter; and, that land uses occurring within the planned unit development, and between the planned unit development and the surrounding land uses, do not conflict.
      (6)   If a planned unit development involves 2 or more owners, the application for the PUD must be filed jointly by all such owners.
      (7)   There is no standard minimum lot size requirement for any PUD. However, the size of the proposed development would be such that this form of development is logical and adheres to the overall purposes of this code.
      (8)   The rezoning authorizing the PUD may grant exceptions to the regulations contained in this code including, but not limited to, use; density; area; bulk; setbacks; off-street parking and loading; landscaping; and signs, as may be desirable to achieve the objectives of the proposed planned development, provided that such exceptions are reasonably consistent with the general intent of the code.
      (9)   A PUD must not substantially diminish the market value of surrounding properties, and it must not cause substantial impairment of the use of those properties.
      (10)   The PUD must not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, must be protected and preserved to the greatest extent practical.
      (11)   The PUD must be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development must be adequate to serve the uses within the development.
      (12)   All proposed streets, alleys and driveways must be adequate to serve the residents, occupants, visitors, or other anticipated traffic. The PUD may be, subject to City Council approval, designed to discourage outside through traffic from traversing the development. Access points to public streets, and the location of private streets, alleys and driveways are subject to the approval of the City Council.
      (13)   Any pedestrian circulation system and its related walkways must provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.
      (14)   The construction and maintenance of all utilities, roadways, parking facilities and other site improvements must be in accordance with the requirements of this code and other regulations of the city unless specifically approved otherwise by the City Council. All roadways and utilities within the PUD must be constructed to specifications established by the City Council. At the City Council’s request, an agreement for the completion of this work may be established by the city and the developer. The City Council may choose to allow for private streets or utilities solely at its discretion.
      (15)   Nothing in this section or this code may be interpreted as negating the necessity of filing a plat as required by the subdivision regulations.
      (16)   The burden of justification for any PUD project is the exclusive responsibility of the applicant. The applicant is responsible for providing the information and data required in this section. In addition, as the PUD is intended to be an innovative approach, the applicant must provide any other data or information required by the Planning Commission or the City Council to assist in decision-making.
      (17)   No planned unit development shall be allowed which substantially violates or compromises applicable fire or safety codes.
   (C)   Exceptions from standard zoning district regulations.
      (1)   Permitted bulk and setback regulation exception. Exceptions to the bulk and setback district regulations may be granted as part of a PUD District rezoning. Exceptions from other zoning district regulations may be granted for planned unit developments with respect to, but not limited to, district bulk regulations, required setbacks, off-street parking and loading, landscaping, and screening, and signs, if the City Council finds that such exceptions:
         (a)   Enhance the overall merit of the PUD.
         (b)   Promote the objectives of both the city and the development.
         (c)   Enhance the quality of the design of the structures and the site plan.
         (d)   Enable the development to offer environmental and pedestrian amenities.
         (e)   Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.
         (f)   Is compatible with the land use policies of the Comprehensive Plan.
         (g)   Provide a public benefit to the city, as described below.
         (h)   Allows the development to better conform with historical or existing development patterns that exist in the surrounding area.
         (i)   No building/structure shall be located less than 10 feet from any road right-of-way or public road easement or 30 feet from the back of curb (or edge of road surface if there is no curb), whichever is less, except when such development will contain uses or buildings substantially similar to that allowed in the General Business B-2 Zoning District where lesser setbacks are normally allowed.
      (2)   Use regulation. The approved general development plan of the PUD will establish the permitted uses within the development that are desirable in achieving the objectives of the PUD. However, there must be clear evidence that:
         (a)   Such uses are desirable and appropriate with respect to the primary purpose of the development.
         (b)   Such uses are not of such a nature, or so located, as to exercise a detrimental influence on the development or the surrounding neighborhood.
      (3)   Density regulations. The net density of a planned unit development shall generally adhere to the density regulations of the density that would be allowed for the type of use proposed (i.e. if single-family homes in a standard zoning district have a minimum lot size of 10,000 square feet, the planned unit development shall maintain an overall density of one dwelling per 10,000 square feet). However, the City Council may consider an increase in allowable density as an incentive to obtain public benefits and/or amenities as outlined below or as otherwise determined necessary to achieve the general intent and purpose of a planned unit development.
      (4)   Public benefits and amenities. A PUD must demonstrate a substantial benefit to the city as part of the rezoning approval. No rezoning to a PUD District may be approved unless the Planning Commission and City Council determine that a public benefit has been provided to the city as part of the PUD design. Design characteristics and amenities that would qualify for this determination include, but are not limited to, the following:
         (a)   Landscaping, buffering, or screening within or around the perimeter of the PUD over and above the minimum required by this code.
         (b)   The provision of underground parking, and additional landscaping and screening of parking lots and structures over and above the minimum required by this code.
         (c)   Reduced use of impervious surface materials.
         (d)   Design characteristics including, but not limited to, mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment.
         (e)   Use of sustainable design and green architecture such as: green roofs and other energy-efficient design concepts; water conservation; environmental sensitivity; new building technologies; Leadership in Energy and Environmental Design (LEED) techniques; and xeriscaping (water conservation landscaping).
         (f)   Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.
         (g)   Preservation of environmental features.
         (h)   Preservation of historic features.
         (i)    Open space and recreational amenities that are available to the public such as:
            1.   Swimming pools;
            2.    Tennis courts;
            3.   Recreational open space accessory buildings;
            4.   Jogging trails and fitness courses;
            5.   Playgrounds;
            6.   Natural water features, wetlands, and conservation areas;
            7.   Detention areas which are accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as natural water features and are landscaped with native vegetation.
         (j)   Additional public infrastructure improvements in addition to the minimum required by the PUD, such as new or repaved streets, installation of gutters and sewers, and traffic control devices to improve traffic flow.
         (k)   Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.
         (l)   Provision of housing options or other development that meet a particular need in the city and which are not adequately being provided by market rate developments.
   (D)   Procedure.
      (1)   Application conference. Prior to filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a conference with the City Planner. The primary purpose of the conference 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)   General concept plan.
         (a)   Review. A general concept plan shall be presented to the City Planner who shall schedule the plan for review at the next available Planning Commission meeting. A public hearing shall not be required for the Planning Commission’s review of the concept plan.
         (b)   Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements for city review and comment.
            1.   Overall maximum PUD density/intensity range;
            2.   General location of major streets and pedestrian ways;
            3.   General location and extent of public and common open space;
            4.   General location of residential and non-residential land uses with approximate type and intensities of development;
            5.   Staging and time schedule of development; and
            6.   Other special criteria for development.
         (c)   Schedule.
            1.   The applicant shall file the concept stage application, together with all supporting data and filing fee as established by City Council resolution.
            2.   Within 15 working days after verification by the city that the application and required supportive material is completed and adequate, the request shall be processed in accordance with the applicable procedures and schedule as defined by this section.
         (d)   Optional submission of development stage plan. In the case of single-stage PUDs or where the first stage of a multiple- stage PUD is to begin immediately, the applicant may initially submit development stage plans and supportive material. In such case, the city shall consider and act upon such plans according to the applicable provision of this section.
         (e)   Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant.
         (f)   Limitation on general concept plan approval. Unless a development stage plan covering at least 10 dwelling units or the area designated in the general concept plan as the first stage of the PUD, whichever is greater, has been filed within 6 months from the date city grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this chapter and of an approved general concept plan, the approval shall be null and void and shall lapse. Upon request by the applicant, the Council at its discretion may extend for additional periods not in excess of 6 months each the filing deadline for any development stage plan, when, for good cause shown, such extension is necessary.
      (3)   Development stage.
         (a)   Review. The development stage plan shall require a conditional use permit processed in accordance with the procedures applicable to conditional use permits in this code.
         (b)   Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan.
         (c)   Submission of development stage. Upon approval of the general concept plan, and within the time established in this section, the applicant shall file with the city a development stage plan consisting of the information and submissions required by ordinance for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement, and be in substantial conformity with the approved general concept plan.
         (d)   Review and action by city staff and Planning Commission. Immediately upon receipt of a completed development stage plan, said plan shall be scheduled for a public hearing as a conditional use permit and may be sent to the following city staff and/or official bodies for the indicated action as determined necessary by the City Planner or Planning Commission:
            1.   The City Attorney for legal review of all documents;
            2.   The City Engineer for review of all engineering data and the city/developer agreement;
            3.   The Building Official for review of all building plans;
            4.   The City Planner or designated agent for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the general concept plan and Comprehensive Plan; and/or
            5.   When appropriate, as determined by the City Planner to other special review agencies and governmental jurisdictions.
         (e)   PUD enactment. Final approval of a PUD conditional use permit or PUD zoning district map amendment shall be considered granted only at the time of development stage plan approval by the City Council.
         (f)   Limitation on development stage plan approval. Unless a final plan covering the area designated in the development stage plan as the first stage of the PUD has been filed within 6 months from the date City Council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this chapter and/or an approved development stage plan, the approval shall be null and void and shall expire. Upon application by the applicant, the City Council, at its discretion, may extend for not more than 6 months, the filing deadline for any final plan when, for good cause shown, such extension is necessary.
         (g)   Site improvements. At any time following the approval of a development stage plan by the City Council, and completion and execution of a PUD agreement governing the project, the applicant may, pursuant to the applicable City Code provisions apply for, and the city may issue, grading permits for the area within the PUD for which development stage plan approval has been given. Securities as appropriate may be required of the applicant.
      (4)   Final plan.
         (a)   Purpose. The final plan is to serve as a complete, thorough, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other City Code provisions as the land use regulation application to the PUD. The final plan is intended only to add detail to, and to put in final form, the information contained in the development stage plan and shall conform to the development stage plan in all respects.
         (b)   Schedule.
            1.   Upon approval of the development stage plan, and within the time established in division (D)(3)(f) of this section, the applicant shall file with the city a final plan consisting of the information and submissions required in division (D)(3) of this section for the entire PUD or for one or more stages. This plan will be reviewed and approved or denied by city staff, subject to appeal.
            2.   Within 30 days of its approval, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the County Recorder. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval or the approval shall be null and void.
         (c)   Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the city that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable City Code provisions, the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan provided, however, that no such permit shall be issued unless the city is first satisfied that the requirements of all codes and City Code provisions in which are applicable to the permit sought, have been met.
         (d)   Limitation of final plan approval. Within 1 year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of this chapter, and other City Code provisions, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD and all PUD approvals and re-establishing the zoning and other City Code provisions that would otherwise be applicable. The time limit established may, at the discretion of the Council, be extended for not more than 1 year.
         (e)   Inspections during development.
            1.   Compliance with overall plan. Following final plan approval of a PUD, or a stage thereof, the city shall, at least annually until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.
            2.   If the city finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, the city shall either by ordinance revoke the PUD, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment to the final plan.
(Ord. 622, passed 7-25-2023)