The purpose of this chapter is to establish general development standards to ensure compatible land uses; to prevent blight and deterioration; and to enhance the health, safety and general welfare of the City.

(Prior Code, § 10.300.0205)

1. Prohibited residences. No cellar, basement, garage, tent/camper, RV (recreational vehicle), travel trailer or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except as allowed as a conditional use as set forth and regulated by PCC 13.84.070.
2. Use of basements. Basements may be used as living quarters or rooms as a portion of residential dwellings and must follow the building code.
3. Tents and playhouses. Tents, play houses or similar structures may only be used for play or recreational purposes.
4. Nonconforming dwelling uses. Existing cellars or basements used as an independent dwelling unit shall have the status of a nonconforming use, subject to the provisions of PCC 13.80.030.

(Prior Code, § 10.300.0210)

1. Any person desiring to improve property shall submit to the City information on the location, and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Code and City ordinances.
2. All buildings shall be so placed that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City.
3. Only one principal use shall be permitted on a lot. Except in the case of Planned Unit Development as provided for in PCC 13.84.050, not more than one principal building shall be located in a lot. The term "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council.
4. Manufactured homes, buildings, mobile homes, tents or other structures used as an office that are temporarily maintained by an individual or company on the premises associated with the work project shall be exempt from the requirements of this article. Those structures used to house labor or other personnel occupied in such work project require an Interim Use Permit (See PCC 13.84.080). In all cases, such manufactured homes, buildings, tents, or other structures shall be removed within 30 days from the completion of the work project.

(Prior Code, § 10.300.0215)

Public nuisances and blight affecting health, morals and decency, peace and safety are regulated by the ordinances and sections of Code regulating nuisances and blight (PCC 8.20).

(Prior Code, § 10.300.0225)

Notwithstanding any part of this chapter or any permit or variance granted, no structure, vehicle, vegetation, fence, sign, building, or any obstacle, or any portion thereof shall be placed or retained in such a manner to constitute a traffic hazard or obstruct the vision clearance of corners, curb cuts, or railroad crossings. The vision clearance area shall be a triangular shape with two sides following the lot lines parallel to the curb, to a point 25 feet from the corner, and a third side being a line connecting those two points. The clear vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction to sight exceeding 36 inches above the adjacent street grade, except for trees with branches and foliage removed to a height of eight feet above the ground. (Prior Code, § 10.300.0230; Ord. No. 20-05, 8-5-2020)

1. All uses shall comply with all Federal, State, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant.
2. Vegetation. Any new development that covers or replaces surface vegetation with an impervious surface of more than one acre must specify controls to minimize off-site stormwater runoff, maximize overland flow and flow distances over surfaces covered with vegetation, increase on-site infiltration, replicate predevelopment hydrologic conditions as nearly as possible, minimize off-site discharge of pollutants to ground and surface water, encourage filtration functions, and reduce mosquito breeding habitat. Sidewalks, paths, trails, and roads are exempt.

(Prior Code, § 10.300.0235)

Whenever in the course of administration and enforcement of this chapter, it shall be necessary or desirable to make any administrative decision, then, unless other standards are provided within this chapter, the decisions shall be made so that the result will be consistent with the intent and purpose of this chapter.

(Prior Code, § 10.300.0240)

Any alteration which will change or diminish the course, current or cross-section of a public water shall be approved by the Commissioner of the Minnesota Department of Natural Resources, in accordance with the procedures of State law or regulations relating to public waters. Minn. Stats. § 105.42, as amended This alteration shall include construction of channels and ditches; lagooning; dredging of lake or stream bottoms for removal of muck, silt or weeds; and filling in the lake or stream bed.

(Prior Code, § 10.300.0245)

1. General.
   1. The character, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
   2. The arrangement of streets in a subdivision shall either provide for the continuation of existing streets in the surrounding areas, or conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance of existing streets impractical.
   3. Residential streets or minor streets should be so arranged as to discourage their use by through traffic.
   4. Where a subdivision abuts on an existing or proposed arterial street, marginal access streets, reverse frontage with buffer yards or screen plantings, non-access reservations (along arterial property lines abutting the arterial street), deep lots, or such treatment as may be necessary for protection of residential properties should be encouraged. Direct frontage and/or access to arterial streets should be avoided.
   5. All new streets intended either for public dedication or for private maintenance shall be constructed of asphalt, concrete, or asphaltic concrete and they shall have concrete curb and gutter in accordance with the City’s street construction regulations, unless recommended otherwise by the City Engineer.
   6. Street traffic should be designed to flow toward arterial and collector streets. Streets should fit the contours of the land. Street grades, where feasible, should not be greater than eight percent and not less than thirty-six-hundredths percent.
   7. Vegetation. Landscaping requirements should be adhered to as stated in PCC 13.76, Art. III.
   8. Lighting. Street lighting shall be placed at the right-of-way line, on the home side of the sidewalk and in locations unobtrusive to snowplows. Lighting requirements should be adhered to as stated in PCC 13.72, Art. IV.
   9. The full width of all street rights-of-way and utility easements as approved on the final plat will be finished at rough grade, i.e., no more than six inches from the finished grade.
2. Half street. Dedication of half streets shall be prohibited, except where essential to reasonable development of future subdivision.
3. Dead end streets and cul-de-sacs. Dead end streets are prohibited, but cul-de-sacs will be permitted. Cul-de-sacs shall not be longer than 500 feet including a turn-around at the closed end. The turn-around shall have a minimum outside curb radius of at least 40 feet and a right-of-way radius of not less than 50 feet, except for T-shaped turn arounds where permitted.
4. Street intersections. Streets should intersect as nearly as possible at right angles, except under unusual topographic conditions. The minimum angle of street intersection shall be 80 degrees. Street intersections shall not be off-set less than 150 feet as measured from the centerlines.
5. Right-of-way standards. Public right-of-way widths shall be dedicated using the following minimum standards or those recommended by the State or County Highway Department when applicable. All measurements shown below are in feet:
   
   

   Roadway
   Public Right-of-Way	Right-of-Way	Paved
   Arterial Street	100	48
   Collector Street	66	44
   Minor or Local Street	66	24
   Cul-de-saca	66c	24c
   Pedestrian Way	10	N/A
   Private Common Access	b	b

   ^_aAs provided in Subsection (c) of this section.
   ^_bThe City Council may decide to approve private common access where appropriate and may require such standards as deemed appropriate.
   ^_cIn addition to the turn-around requirements outlined in Subsection (c) of this section.
6. Street alignment. The horizontal and vertical curve requirements on all streets shall meet the current State-Aid design unless a variance is granted by the Planning Commission.
7. Sidewalks. All developments shall require a sidewalk along both sides of a public or private right-of-way. Such a sidewalk shall not be less than five feet in width.

(Prior Code, § 10.300.0305)

1. Easements having a minimum width of ten feet shall be provided along the front, side or rear lot lines as required for utility lines, drainage and underground mains and cables.
2. Utility easements shall connect with easements established in adjoining neighborhoods. All the utility easements should be reviewed by the appropriate utility company or corporation. All utilities shall be placed underground.
3. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a flood easement or drainage right-of-way conforming substantially with the lines of such watercourse.
4. Pedestrian walkway easements with right-of-way of not less than ten feet in width shall be required where deemed essential to provide circulations, or access to schools, playgrounds, shopping centers, transportation and other community facilities as determined by the Planning Commission and City Council.

(Prior Code, § 10.300.0310)

1. Length. Blocks shall not be greater than 800 feet in length, except if necessary due to unusual topographic or other conditions as deemed so by the City. In residential areas, blocks longer than 800 feet shall be provided with pedestrian ways or easements a minimum of every 500 feet.
2. Width. Blocks shall have sufficient width to provide two tiers of lots and minimum depth to allow sufficient area for building and adequate off-street parking.

(Prior Code, § 10.300.0315)

1. General. The lot size, width, shape, and orientation shall be appropriate for the proposed type of development and meet the minimum requirements of the Municipal Development Ordinance in effect upon approval of the final plat.
2. Frontage. All lots shall have at least 25 feet of frontage upon a public street or upon an approved private common access road.
3. Corner lots. Corner lots for residential purpose shall meet or exceed PCC 13.72.050 to allow appropriate building setback from an orientation to both streets, as required in the Municipal Development Ordinance in effect upon approval of the final plat.
4. Lot lines. All side lot lines shall be perpendicular or radial to street right-of-way lines.
5. Double and reverse lots. Double frontages and reverse lots should be avoided except where essential to provide separation of residential uses from arterial streets, conflicting uses, or other adverse conditions.

(Prior Code, § 10.300.0320; Ord. No. 20-05, 8-5-2020)

1. Plans for soil erosion and steep slopes shall be reviewed by the Planning Commission and City Council prior to final plat approval.
2. Topsoil and vegetation distributed or destroyed during or after construction shall be replaced or replanted to minimize soil erosion.
3. No construction or grading shall be allowed on slopes greater than 20 percent. The subdivider may have the option of dedicating steep slopes to the City or an officially recognized homeownership association.
4. During and after construction, slopes shall be protected from erosion by quick establishment of vegetative cover, benches, terraces, mulches or other proper protection devices or practices. Stands of existing vegetation adequate to control erosion shall be preserved wherever possible.
5. Any land reclamation or filling shall conform to the applicable regulations outlined within the Municipal Development Ordinance.

(Prior Code, § 10.300.0325)

1. Plans for surface water runoff and drainage shall be reviewed by the Planning Commission, City Engineer and City Council prior to final plat approval.
2. The subdivision should be so designed that the drainage system utilizes, to the greatest extent possible, existing natural overland flows, open channel, and drainage routes.
3. The drainage system shall be constructed and in operation during the initial phase of construction.

(Prior Code, § 10.300.0330)

1. Authority. Authority is given to the City Council, pursuant to Minn. Stats. § 462.358, as amended, to do the following:
   1. The City Council may require requesting platting or replatting of land or a Planned Unit Development within the jurisdictional boundaries of this article to contribute a percent of the final gross area of the subdivision to be dedicated to the public for public use as streets, roads, sewers, electric, gas, and water facilities, stormwater drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in Minn. Stats. § 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in Minn. Stats. § 462.353, Subd. 4a.
   2. As an alternative, the subdivider may contribute a cash fee as set by ordinance for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the City's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by State law. The same shall be paid at the time of final plat approval.
   3. The contribution may be in the form of cash, land or any combination thereof. It shall be determined based upon the following conditions outlined in PCC 13.72, Art. IV. The determination of such contribution shall be made during the preliminary plat review process.
2. Residential subdivisions. In residential subdivisions, the subdivider shall dedicate ten percent of the undeveloped land proposed to be subdivided for purposes outlined in Subsection (d) of this section; or an equivalent amount in cash; or any combination thereof. Such contributions shall be based upon a finding of fact as outlined in Subsection (d) of this section.
3. Commercial, industrial, or other nonresidential subdivisions. In nonresidential subdivisions, the City may decide not to require the subdivider to contribute land, cash, or any combination thereof. In those instances, however, where the City deems it in the public interest to require a contribution, the subdivider shall dedicate five percent of the undeveloped land proposed to be subdivided for purposes outlined in Subsection (a) of this section; or an equivalent amount in cash; or any combination thereof. Such contributions shall be based upon a finding of fact as outlined in PCC 13.72, Art. IV.
4. Conditions for contribution. It shall be deemed to be in the public interest to require land dedication, cash contribution, or any combination thereof when the City Council after review and recommendation makes one or more of the following findings of fact:
   1. All or part of the proposed subdivision has been designated as park, playground, or public open space, storm sewer holding area or ponds on an adopted City plan.
   2. Such contribution is necessary in order to protect adjacent land use from potential conflicting land uses which could exist on the land to be subdivided.
   3. The increased number of residents to reside or be employed within the subdivision will increase the recreational demand upon the City.
   4. Such contribution is necessary to provide proper surface water runoff generated by the uses proposed within the subdivision.
   5. The land proposed to be subdivided contains or borders upon existing unique topographical features, including, but not limited to, ponds, lakes, streams, timber stands, water holding areas, hills, steep slopes, drainage areas, or bluffs which should be preserved to prevent foreseeable safety, pollution, or erosion hazards or to provide unique recreational and aesthetic qualities and enjoyment to the City.
   6. Such contribution is necessary to comply with or fulfill the goals, policies, and programs of the City.

(Prior Code, § 10.300.0405)

In subdivisions which include outlots, the subdivider may contribute land, cash or any combination thereof as provided in PCC 13.72.210(a) for the entire subdivision, including the land within the outlots, or for only that land exclusive of the outlots. When such outlots are subdivided, the contribution requirement shall be met in accordance with then existing regulations as applicable unless such contributions have been previously met.

(Prior Code, § 10.300.0410)

All monies collected from cash contributions shall be placed in a special fund from which only those public uses outlined in PCC 13.72.210(a) may be realized.

(Prior Code, § 10.300.0415)

Upon petition by the subdivider, the City Council may approve a delay in the actual contribution of the cash required in lieu of land until such time as development occurs on the property being subdivided, provided that a proper legal agreement is executed guaranteeing such contribution. Delayed contribution payment shall include eight percent interest per year.

(Prior Code, § 10.300.0420)

In such cases where the subdivider is required to dedicate land area, the City Council shall have the right to determine the geographic location and configuration of said dedication.

(Prior Code, § 10.300.0425)

The following improvements shall be complied with and provided in accordance with City standards and approval and as provided within the plat agreement as indicated in PCC 13.72.330.

(Prior Code, § 10.300.0505)

1. The City Engineer shall review the plans and specifications and make recommendations to the City Council on improvements. All improvements identified below and as included within the subdivision agreement shall be installed at the expense of the subdivider according to standards and specifications approved by the City Council.
   1. Sanitary sewer, water and drainage facilities, and electric, telephone and gas service lines shall be installed as required by the subdivision agreement. When extension of trunk lines to the site are necessary, it is the option of the City to participate in the financing of such improvements. Where City water and sewer facilities are not available for extension into the subdivision, the Council may permit the use of individual water and sewer systems in accordance with appropriate State and City laws, ordinances, and regulations, provided that the subdivision connects to City services within one year.
   2. Where necessary, all streets shall be curbed, guttered, and paved as required by the subdivision agreement. The City may delay street paving if City water, sewer, or storm sewer facilities are not available but are anticipated in the foreseeable future. The term "foreseeable future" means, in this instance, the planned expansion of water, sewer, or storm sewer within the next three years as determined by the City.
2. All utility service lines shall be placed underground within easements or dedicated rights-of-way. All drainage or utility installations which traverse privately-owned property shall be protected by proper easements and/or legal agreements.

(Prior Code, § 10.300.0510)

Prior to the approval of the final plat by the City Council, the owner or subdivider of the land covered by said plat shall execute and submit to the Council an agreement, bind on his or their heirs, personal representatives and assigns, including:

1. A provision that no private construction will be made on such plat or no building permits shall be filed for such construction until all improvements required under this chapter have been completed in a manner approved by the City Council.
2. A listing or schedule of when and what improvements shall be required as recommended by the City Engineer, the Planning Commission and approved by the City Council.
3. A certification by the City Administrator, City Engineer or Zoning Administrator that the improvements, agreements, and documents meet the minimum requirements of all applicable ordinances.
4. A provision containing all conditions, if any, imposed by the City Council upon approval of the Final Plat.

(Prior Code, § 10.300.0520)

1. The City Council may choose to provide public financing to projects which are determined to serve a public benefit to the City.
   1. Residential developments. The total cost of improvements shall be assessed in equal annual installments over a period not to exceed five years. After the balance of the principal of assessments is equal to or less than the amount of the security agreements, the security agreement can be reduced as assessments that are paid thereafter at the rate of $1.00 for each $1.00 paid. In addition, the City may reduce the amount of the security agreement against each lot upon which a building has been constructed, the lot sold, and the outstanding assessments against said lot assumed by the buyer; provided, however, that no principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.
   2. Nonresidential developments. The total cost of the improvements shall be assessed in equal annual installments over a period not to exceed ten years. After the balance of principal of assessments is equal to or less than the amount of the security agreement, the security agreement can be reduced as assessments that are paid at the rate of $1.00 for each $1.00 paid. In addition, the City may reduce the amount of the security agreement by 100 percent of the unpaid principal of assessments against each lot upon which a building has been constructed and a Certificate of Occupancy issued, provided that no reduction shall be granted until such time as the outstanding principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.
2. In the event the subdivider fails to pay any installment of special assessments, the City, at its option in addition to its rights and remedies hereunder, may declare all of the unpaid special assessments levied pursuant to this agreement due and payable in full immediately and may commence legal action against the subdivider to collect the entire unpaid balance, including reasonable attorney’s fees. The subdivider shall be personally liable for such special assessments.

(Prior Code, § 10.300.0525)

Unless approved as a final plat as provided herein, no subdivision shall be entitled to record in the County Recorder’s Office or have validity; and the City shall not issue building permits for any structure on a lot in any proposed subdivision. The City shall not permit any public improvements to be installed until the final plat is approved and recorded.

(Prior Code, § 10.300.0610)

Any firm, person, or corporation who violates any of the provisions of these regulations, or who sells, leases, or offers for sale or lease any lot, block, or tract of land herewith regulated before all the requirements of this chapter have been complied with shall be guilty of a misdemeanor. Each day that the violation is permitted to exist constitutes a separate offense.

(Prior Code, § 10.300.0620)

A certified copy of every ordinance, resolution, amendment, or regulation adopted under this article shall be filed with the Pine County Recorder’s Office. Copies of resolutions governing subdivision plats within the City, but contiguous to another city shall be filed with the governing body of the contiguous city.

(Prior Code, § 10.300.0630)

1. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of, or would constitute a subdivision to which these subdivision regulations apply, shall attach to the instrument of conveyance either;
   1. Recordable certification by the City that the subdivision regulations do not apply, or that the subdivision has been approved by the City Council, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the City Council in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or
   2. A statement which names and identifies the locations of the appropriate City offices and advises that grantee that City subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability, or waiver from the City.
2. Any action commenced by a buyer of such a parcel against the seller thereof, is a civil matter regarding a legal agreement to which the City of Pine City is not a party. The City of Pine City accepts no responsibility or blame in such action.

(Prior Code, § 10.300.0640)