HomeMy WebLinkAbout2006-03-08 Set Agenda and Attachments
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CITY COUNCIL MEETING
Wednesday, March 8, 2006
6:30 P.M.
Set Agenda = Red
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
n. APPROVAL OF AGENDA
m. APPROVAL OF COUNCIL MINUTES
1. February 15, 2006 City Council Work Session Meeting Minutes (page 1)
2. February 22, 2006 City Co.cl Meeting Minutes (Pale 2-14)
3. February 28, 2006 City Council Special Meeting Minutes (page 15)
IV. CONSENT AGENDA
1. City of Centerville February 23, 2006 through March 8, 2006 Claims (page
16)
2. Centennial Fire District Claims through February 17 & March 3, 2006
(page 17-18)
3. Account Oerk D's Attendance of Minnesota Municipal Oerks Institute
(MMCl) - Not to exceed 5410.00 (page 19-20)
4. Parks & Recreation Committee Request for Council Approval to Sponsor
Kelly Miler Circus Fundraiser Subject to Outlined Research (pa.21-22)
V. AWARDSIPRESENTATIONS/APPEARANCES
VI. PUBLIC BEARINGS
1. Ordinance Codification
VB. NEW BUSINESS
1. Ordinance #1, Second Series Adopting Codification (pa. 23)
a. Summary Ordinance #1, Second Series Publication (page 24-25)
2. Res. #06-021 - Establishing Penalties for Administrative OtTenses (page 26)
3. Approval of OD Sale and S_day Liquor LieeDse & Tobacco Ucense
Sager's Bar-n-Grill (Chief Complete Review 3/1/06) (page 27-51)
4. Award Lawn MaiatenaDee CODtraet - 2006 to Land Maintenance Outdoor
Service (page 52-62)
S. Lift StatioD #2., Generator Purchase - Aid EJeetrie (521,765.00) (pale 63-67)
6. Business Penon of the Year & Citizen of the Year
vm. OLD BUSINESS
1. Summary of Ord. #90 for Publication (page 68-69)
z. Ordinance #91- Amending Ord. #4, Division #65: Accessory Uses and
Structures (page 70) (Housekeeping - Bridges in Easements by Permit)
3. Hunten Crossing 3'" Addition - Bevelopen Agreement & Res. #06-022 -
Declaring Adequacy of Petition Receiving Report on Improvement,
Approving Plans and Specs. and Ordering Advertisement for Bids (page 71-
101a)
4. National Sports Center Super Rink Expansion Guarantee Agreement (page
103-108)
5. Proposal for Legal Services
a. Consider Work Session lor Review
IX. ANNOUNCEMENTSlUPDATES
1. City Administrator, Mr. Dallas Larson
2. CSAH 14 Improvement
X. ADJOURNMENT
* *REMINDERS* *
Tuesday, March 14,2006 -p & Z - City Hall Council Chambers (6:30 p.m.)
* *RESCHEDULED* *
Wednesday, March 15, 2006 - Cable Commission - Spring Lake Park City Hall Council
Chambers (7:00 p.m.)
Wednesday, March 22,2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.)
ervU[e
UPDATE
CITY OF CENTERVILLE
03/08/06 11 :45 AM
Page 1
*Check Summary Register@)
Name
10100 MAIN STREET BANK
Paid Chk# 021103 ACCLAIM BENEFITS
Paid Chk# 021104 ANOKA COUNTY
Paid Chk# 021105 AVLlC
Paid Chk# 021106 BARNA, GUZY & STEFFEN LTD
Paid Chk# 021107 CALIFORNIA CONTRACTORS
Paid Chk# 021108 CONNEXUS ENERGY
Paid Chk# 021109 HEJNY RENTAL INC
Paid Chk# 021110 HUGO FEED MILL
Paid Chk# 021111 IIMC
Paid Chk# 021112 INSTRUMENTAL RESEARCH
Paid Chk# 021113 LARSON, DALLAS
Paid Chk# 021114 MARATHON ASHLAND
Paid Chk# 021115 METROCALL
Paid Chk# 021116 MINNESOTAAWWA
aid Chk# 021117 NATIONWIDE RETIREMENT
aid Chk# 021118 PUBLIC EMPLOYEES
Paid Chk# 021119 SAM'S CLUB
Paid Chk# 021120 TRICIA & THE TOONIES
Check Date
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/812006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
12/812006
12/8/2006
12/8/2006
12/8/2006
12/8/2006
Total Checks
MARCH 2006
Check Amt
$100.00 FLEX SPENDING - SERV THRU 2-28
$11.72 LARGE MAP
$549.07 DEF COMP - PR W/H 3-9-06
$5,545.75 PROSECUTION MATTER - SERV THRU
$295.56 GLOVES, HANDS FREE HEADLAMP, S
$559.56 6800 20TH SCADA - SERV THRU 2-
$156.25 EQUIPMENT RENTAL
$12.23 THREADLOCKER - RED DUMP TRUCK
$100.00 APPL. FOR CERTIFICATE - T. BEN
$38.00 WATER TEST - FEB. 2006
$72.98 REIMBURSE MILEAGE & PARKING EX
$297.57 FUEL - FEB 2006
$19.37 PAGERS - SERV THRU5-31-06
$135.00 A. ANDERSON - APRIL 5 -72006
$831.38 DEF COMP PAYROLL W/H 3-9-06
$2,189.05 SDR 10# 527131 - PAYROLL W/H 3
$264.46 P.W. SUPPLIES
$1,250.00 DEPOSIT - SAT - AUG 5 - FETE 0
$12,427.95
16A
-[1.
Section
154.001
154.002
154.003
154.004
154.005
154.006
154.015
154.016
154.017
154.018
154.019
154.035
154.036
154.037
154.038
154.039
154.040
154.041
154.050
154.051
154.060
154.061
154.070
154.071
154.080
154.081
.
CHAPTER 154: ZONING CODE
General Provisions
Title; purpose
Jurisdiction
Application
Scope and interpretation
General interpretation
Definitions
General Regulations
Lot provisions
Nonconforming uses and structures
Home occupations
Public utilities required
Building numbers
Districts and Use Regulations
General provisions
Rural Residential District (R -1)
High-Density Single-Family Residential District (R-2A)
Single-Family Residential District (R-2)
Single-Family Manufactured Housing District (R-4)
Single-Family Residential- Estate District (R-5)
through 154.049 reserved for future expansion
Mobile Home Park District (R-M)
through 154.059 reserved for future expansion
Commercial District (B-1)
through 154.069 reserved for future expansion
Industrial District (1-1 )
through 154.079 reserved for future expansion
Public/Institutional District (P-l)
through 154.089 reserved for future expansion
154.090
154.091
154.110
154.111
154.120
154.121
154.130
154.131
154.132
154.133
154.134
154.140
154.141
154.150
154.151
154.151
154.160
154.161
154.161
154.170
154.171
154.172
154.180
154.200
154.201
154.210
154.211
154.220
154.221
154.222
Mixed Use District (M-l)
through 154.109 reserved for future expansion
Yard-Building and Other Requirements
Height
through 154.119 reserved for future expansion
Yards
through 154.129 reserved for future expansion
Relocated buildings or structures
Single-family dwelling requirements
Accessory structures and uses
Temporary dwellings and structures
through 154.139 reserved for future expansion
Fences
through 154.149 reserved for future expansion
Other standards
Site plan review
through 154.159 reserved for future expansion
Woodlands preservation
Special provisions related to development or building on lands within 100
feet of Centerville Lake, Peltier Lake or Clearwater Creek
through 154.169 reserved for future expansion
Final grading and landscaping
Landscaping
through 154.179 reserved for future expansion
Parking requirements
Planned Unit Developments
Objectives
through 154.209 reserved for future expansion
General requirements
through 154.219 reserved for future expansion
Uses permitted
Relationship of PUD site to adjacent areas
Minimum size
154.223
154.224
154.225
154.226
154.227
154.228
154.229
154.230
154.231
154.240
154.241
154.250
154.251
154.252
154.253
154.254
154.255
154.256
154.257
154.258
154.259
154.260
154.261
154.262
154.263
154.300
154.301
154.310
154.311
154.320
154.321
154.330
154.331
154.350
154.351
154.400
154.401
154.410
Minimum lot size
Setback and side yard requirements
Access to public right-of-way
Utility requirements
Open space
Parking .
Reserved for future expansion
Arrangement of commercial uses
through 154.239 reserved for future expansion
Arrangement of industrial uses
through 154.249 reserved for future expansion
Pre-application meeting; procedure
Application
Actions
PUD agreement
Final review and approval
Documentation required
Action on final application
Time limit
Amendments
Completion
Site improvements
Construction
Maintenance of common open space
Homeowners' association
Administration
Performance standards
through 154.309 reserved for future expansion
Variances
through 154.319 reserved for future expansion
Conditional use permits
through 1~4.329 reserved for future expansion
Interim use permits
through 154.349 reserved for future expansion
Amendments
through 154.399 reserved for future expansion
Enforcement and violations
through 154.409 reserved for future expansion
Fees and licensing
154.999 Penalty
Cross-reference:
Erosion Control, see Chapter 155
Sign Regulations, see Chapter 156
Editor's note:
This chapter, including appendix, was established by Ord. 4, passed 8-23-2000, and
subsequently
amended Since it was not possible to ascertain at codification which sections were
modified by
which ordinances, the amending ordinances are listed as follows: Am. Ord passed 1-
10-2001; Am.
Ord passed 6-27-2001; Am; Ord. passed 8-22-2001; Am. Ord. passed 11-14-2001; Am.
Ord
passed 8-14-2002. Amending Ord 39 is setforth separately in Chapter 156.
GENERAL PROVISIONS
~ 154.001 TITLE; PURPOSE.
(A) This chapter shall be known as the City Zoning Ordinance, except herein referred
to as this chapter.
(B) It is the purpose of this chapter to:
(1) Protect and promote public health, safety and general welfare;
(2) Protect the natural resources in the city;
(3) Establish land use patterns and development regulations consistent with
the city comprehensive plan;
(4) Prevent overcrowding of land;
(5) Limit congestion and promote safety in the public rights-of-way;
(6) Prevent the premature demand of public services;
(7) Stage development consistent with the efficient provision of public
utilities and public services;
(8) Maintain the small-town character and quality of living in the community;
(9) Establish compatibility of land uses in the city to protect existing
investments and property values;
(10) Promote opportunities for cohesive and compatible business development; and
(11) Establish guidelines and regulations to promote housing variety and quality living
environments.
~ 154.002 JURISDICTION.
The geographic jurisdiction of this chapter includes the entire area within the corporate
limits of the city. Land areas which may be added to the city by annexation, merger or other
means shall be classified R-l Rural Residential until the time that the City Council may rezone
the added territory to more appropriate classification.
~ 154.003 APPLICATION.
Where the conditions imposed by any provisions of this chapter are either more or less
restrictive than comparable conditions imposed by any other regulation, the regulations which
impose the higher standard or requirements shall prevail.
~ 154.004 SCOPE AND INTERPRETATION.
(A) Scope. No structure or part thereof shall be erected, converted, enlarged,
reconstructed, altered or moved without a permit approved by the city. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the provisions of
this chapter. Unless otherwise noted, no structure permitted under this chapter may be inhabited
or occupied without a certificate of occupancy issued by the city.
(B) Relationship to comprehensive plan. Interpretation and enforcement of the
provisions of this chapter are intended to be consistent with the implementation of goals, policies
and land use elements of the city comprehensive plan to the extent practical or required by law.
The application of or amendments to this chapter which are determined to be inconsistent with
the comprehensive plan shall require amendments to the comprehensive plan, this chapter or
both.
(C) Minimum requirements. In their interpretation and application, the provisions of
this chapter shall be held to be the minimum requirements for the promotion of the public health,
safety and general we~fare.
(D) Use not identified Uses not specifically identified in this chapter as permitted
shall be prohibited. Amendments to this chapter shall be required to allow any use which is not
clearly permitted.
(E) Deadlinefor actions. It is the intent of the city to comply with state requirements
for timely review and actions requiring formal approval by the city. Information submissions
and applications must be determined by the city to be complete before a time line for action is
initiated. In the event the city cannot act upon a request within a 60-day time frame, the Council
or Administrator may grant the city an automatic 60 day extension of time and the administrator
will notify an applicant in writing that the action will be completed within 120 days of the date
the application was accepted by the city. In the event that multiple approvals are involved in any
action, such as a site plan review requiring a variance or a zoning ordinance amendment
requiring a comprehensive plan amendment, each action shall require a separate, independent
timeline for action.
(F) Other ordinances. The city has enacted or may enact other ordinances that may
supplement or supersede this chapter, including but not limited to the subdivision chapter,
shoreland ordinance and the adoption of building codes. Users of this chapter should contact the
city to determine whether certain provisions in this chapter are affected by other chapters or
ordinances.
Cross-reference:
Building Code adopted, see S 150.01
fi 154.005 GENERAL INTERPRETATION.
For clarity and consistency in the understanding and application of this chapter, the
following shall apply, in addition to the provisions of S 10.02:
(A) Sentence construction or phraseology in the present tense, and similarly,
references in the future tense may include the present;
(B) The catch lines of the sections of this chapter are intended as mere catchwords to
indicate the content of the section, and shall not be deemed or taken to be titles of the sections,
nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of
the provisions of any sections.
fi 154.006 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning. Other words not included in this section shall
have the meaning defined in Minnesota Statutes. Other words not so defined shall have the
meaning customarily associated with them.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume,
but excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
ABUTTING. Having a common border with, or being separated from a common border
by a right-of-way, alley or easement.
ACCESSORY BUILDING. A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental and accessory to that of the
principal structure.
ACCESSORY USE. A use incidental to and on the same lot as a principal use.
AGRICULTURE. The use ofland for agricultural purposes, including farming, dairying,
pasturage, agricultural horticulture, floriculture, viticulture and animal poultry husbandry and the
necessary accessory uses for packing, treating or storing the produce; provided, however, the
operation of any accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of access
to abutting property.
ALTERATION. Any change, addition or modification in construction or occupancy of
an existing structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building
or structure, such as bearing walls, columns, beams or girders; provided, however, the
application of any exterior siding to an existing building for the purpose of beautifying and
modernizing shall not be considered a STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or similar
devices used for the transmission or reception of electromagnetic waves external to or attached to
the exterior of any building.
APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a
multiple-family building, designed for occupancy by a single family.
APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a
principal use or building.
AREA IDENTIFICATION SIGN. A freestanding sign which identifies the name of a
residential subdivision, commercial or industrial development.
BASEMENT. A portion of a building located partly underground, having more than
50% of its floor-to-ceiling height below the average grade of the adjoining ground. Split level,
split entry and earth sheltered homes shall be construed to satisfy BASEMENT requirements.
BLOCK. A tract of land bounded by streets, or a combination of streets, parks,
cemeteries, railroad rights-of-way, shorelines, waterways or corporate boundary lines of the city.
BOARD. The Board of Appeals and Adjustments of the city.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating
equipment.
BUILDABLE AREA. The space remaining on a zoning lot after minimum yard and
open space requirements have been met.
BUILDING. Any structure having a roof which may provide shelter or enclosure of
persons, animal or chattel, and when the structure is divided by party walls without openings,
each portion of the building so separated shall be deemed a separate BUILDING.
BUILDING COVERAGE. See lot coverage.
BUILDING LINE. The line, parallel to the street line, that passes through the point of
the principal building nearest the front lot line.
BUILDING, PRINCIPAL. See principal structure.
BUSINESS AREA. Any business activity which renders service to other commercial or
industrial enterprises.
CERTIFICATE OF OCCUPANCY. Issued by the Building Official/Inspector of the
city upon satisfactory final inspection of dwelling unites) or commercial building(s).
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth with
the intention of preparing real property for nonagricultural development purposes. This
definition shall not include the selective removal of non-native tree and shrub species when the
soil is left relatively undisturbed, removal of dead trees or normal mowing operations.
CLINIC. Any establishment where human patients are examined and treated by doctors
or dentists but not hospitalized overnight.
CLUB. Any establishment operated for social, recreational or educational purposes but
open only to members and not the general public.
CLUSTER HOUSING. The grouping of single-family dwellings within specified areas
while maintaining the same overall allowable density in that same area.
COMMERCIAL USE. An occupation, employment or enterprise that is carried on for
profit by the owner, lessee or licensee.
COMMISSION. The Planning and Zoning Commission ofthe city.
COMMISSIONER. A member of the Planning and Zoning Commission.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and
maps for guiding the physical, social and economic development of the city and including a land
use plan, a community facilities plan and a transportation plan which has been prepared and
adopted by the city .
CONDITIONAL USE. A use which, because of special problems of control, requires
reasonable limitations peculiar to the use for the protection of the public welfare and the integrity
of the comprehensive plan.
CONDITIONAL USE PERMIT. A permit, issued by the Council, in accordance with
procedures specified in this chapter as a flexibility device to enable the Council to assign
dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses
and their functions and the special problems which the proposed use permits.
CONTRACTOR'S YARD. An area where vehicles, equipment and/or construction
materials and supplies commonly used by building, excavation, roadway construction and
similar contractors are stored or serviced. The CONTRACTOR'S YARD includes both areas of
outdoor storage and areas confined within a completely enclosed building used in conjunction
with a contractor's business.
COVERAGE. That portion of a lot covered by principal and accessory use structures.
CUL-DE-SAC. A local street, one end of which is closed and consists of a circular
turnaround.
DAYCARE FACILITIES. A state-licensed daycare facility, as defined in M.S. Chapter
462, as may be amended.
DECK. A horizontal, unenclosed platform with or without attached railings, seats,
trellises or other features, attached or functionally related to a principal use or site.
DENSITY. The number of dwelling units permitted per net acre ofland.
DEVELOPMENT. All structures and other modifications of the natural landscape above
and below ground or water, on a particular site.
DISTRICT. See zone.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron's
automobile from which the occupants may receive a service or in which products purchased from
the establishment may be consumed or business conducted in the automobile.
DWELLING. A building or portion thereof that provides living facilities for 1 or more
families.
DWELLING, MULTIPLE. A detached, residential building containing 3 or more
dwelling units, including what is commonly known as an apartment building, but not including
group, row or townhouses.
DWELLING, SEASONAL. A dwelling not used for permanent residence and not
occupied for more than 6 months in each year.
DWELLING, SINGLE-FAMILY, ATTACHED (group, row and townhouses). One of2
or more residential buildings having a common or a party wall separating dwelling units.
DWELLING, SINGLE-FAMILY, DETACHED. A residential building containing not
more than 1 dwelling unit entirely surrounded by open space on the same lot.
DWELLING, TWO-FAMILY. A building used exclusively for occupancy by 2 families
living independently of each other.
DWELLING UNIT. One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by 1 family with separate toilets and
facilities for cooking and sleeping.
EASEMENT. The right of a person, government agency or public utility company to use
public or private land owned by another for a specific purpose.
ESSENTIAL SERVICES. Public and private utilities required by the resident and
working population.
F A~ADE. The exterior wall of a building exposed to a public view or that wall viewed
by persons not within the building.
FAMILY. An individual, 2 or more persons related by blood, marriage or adoption, or a
group of not more than 5 persons not so related, living together as a single housekeeping unit
using common cooking and kitchen facilities.
FENCE. Any artificially constructed barrier of any material or combination of materials
erected to enclose or screen areas of land.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being
inundated by water from any source.
FLOODWAY. The channel ofa river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the 100-year flood without cumulatively increasing
the water surface elevation more than 1 foot at any point.
FLOODWAY FRINGE. All that land in a floodplain not lying within a delineated
floodway. Land within a FLOODWAY FRINGE is subject to inundation by relatively low
velocity flows and shallow water depths.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of abuilding
or dwelling unit, measured from the exterior walls or from the centerline of party walls
separating buildings, excluding basements.
FLOOR AREA RATIO. The total floor area on a zoning lot divided by the total site area
of the lot or parcel being developed.
FREESTANDING SIGN. Any sign supported by structures or supports that are
permanently anchored in the ground and that are independent from any building or structure.
FRONT or FRONTAGE. That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as the ordinary sideline of a corner
lot.
GARAGE, PRIVATE. Any accessory building or an accessory portion of a principal
building designed or used solely for the storage of motor vehicles, boats and other personal
belongings which are owned or used by the occupants of the building to which it is accessory
GLARE. A sensation of brightness within the visual field that causes annoyance,
discomfort or loss in visual performance and visibility.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or
sidewalk within the area between the building and the property line, or when the property line is
more than 5 feet from the building, between the building and a line 5 feet from the building.
HEIGHT OF BUILDING. The vertical distance from the average elevation of the
finished grade at the front of the building to the highest point of the roof for flat roofs; to the
deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a residential dwelling unit and which does not alter
the exterior of the property or affect the residential character of the neighborhood.
.
HOTEL. A building occupied as more or less temporary abiding place of individuals
who are lodged with or without meals for compensation and in which there are more than 10
sleeping rooms usually occupied singly, and in which no provision is made for cooking in any
individual apartment.
IMPERVIOUS SURFACE. Any material that substantially reduces or prevents the
infiltration of stormwater into previously undeveloped land. IMPERVIOUS SURF ACE shall
include graveled driveways and parking areas.
INDUSTRIAL PARK. A planned, coordinated development of a tract of land with 2 or
more separate industrial buildings. This development is planned, designed, constructed and
managed on an integrated and coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design and orientation and open space.
JUNK YARD. Land or structures used for the storage or keeping of junk, including scrap
metals, or for the dismantling or wrecking of automobiles or other vehicles or machinery, other
than the storage of materials which is incidental or accessory to any business or industrial use on
the same lot.
KENNEL, COMMERCIAL. Any structure or premises on which 5 or more domestic
animals over 6 months of age are kept, owned, boarded, groomed, sheltered, protected, bred or
offered for sale or any other merchandising. Every COMMERCIAL KENNEL shall be enclosed
or fenced in a manner as to prevent the running at large or escape of the domestic animal(s)
confined therein.
LIGHT MANUFACTURING. The processing and fabrication of certain materials and
products where no process involved will produce noise, vibrations, air pollution, fire hazard or
noxious emissions which will disturb or endanger neighboring properties.
LOT. A platted parcel of land intended to be separately owned, developed and otherwise
used as a unit.
LOT AREA. The area of horizontal plane bounded by the vertical planes through front,
side and rear lot lines.
LOT, CORNER. A lot abutting on and at the intersection of 2 or more streets.
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or
covered by the total horizontal projected surface of all buildings, including covered porches and
accessory buildings, by the gross area of that lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A lot other than a comer lot.
LOT LINE. A line dividing 1 lot from another lot or from a street or alley.
LOT LINE, FRONT. On an interior lot, the lot line abutting a street; on a comer lot, the
lot lines abutting a street; on a through lot, the lot line abutting the street providing the primary
access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from
which access is obtained.
LOT LINE, REAR.. The lot line not intersecting a front lot line that is most distant from
and most closely parallel to the front lot line. A lot bounded by only 3 lot lines will not have a
REAR LOT LINE.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT, MINIMUM AREA OF. The measurements of a lot computed exclusive of any
portion of the right-of-way of any public thoroughfare.
LOT OF RECORD. A lot which is part ofa subdivision or plat, an auditor's subdivision
or a registered land survey or a parcel of land not so platted, which has been approved by the city
or meets the following conditions:
(1 ) Was a separate parcel of record April 1 , 1945 or the date of adoption of
subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of
subdivision regulations pursuant to a Home Rule Charter;
(2) Was the subject of a written agreement to convey entered into prior to that
time;
(3) Was a separate parcel of not less than 2-1/2 acres in area and 150 feet in
width on January 1, 1966;
(4)
on July 1, 1980;
Was a separate parcel of not less than 5 acres in area and 300 feet in width
(5) Is a single parcel of commercial or industrial land of not less than 5 acres
and having a width of not less than 300 feet and its conveyance does not result in the division of
the parcel into 2 or more lots or parcels, anyone of which is less than 5 acres in area or 300 feet
in width;
(6) Is a single parcel of commercial or industrial land of not less than 5 acres
and having a width of not less than 300 feet and its conveyance does not result in the division of
the parcel into 2 or more lots or parcels, any 1 of which is less than 5 acres in area or 300 feet in
width; and
(7) Is a single parcel of residential or agricultural land of not less than 20
acres and having a width of not less than 500 feet, and its conveyance does not result in the
division of the parcel into 2 or more lots or parcels, any 1 of which is less than 20 acres in area or
500 feet in width.
LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum
area or width, as established by the zone in which it is located; provided that the lot or parcel was
recorded as a legally created lot on the effective date of the ordinance codified in this chapter.
LOT, THROUGH. A lot having its front and rear yards each abutting on a street.
LOT WIDTH. The horizontal average distance between side lot lines, measured at the
required front setback line.
MANUFACTURED HOUSING. Single-family detached housing that is built to the
National Manufactured Housing Construction and Safety Standards Act of 1974, and shall
include structures known as manufactured homes or mobile homes.
MINERAL EXTRACTION. The extraction of soil, sand, gravel, rock or other such
material from the land.
MOBILE HOME. A dwelling capable of being transported by the provision of wheels
or on a flatbed truck and contains 200 square feet or more of living space with utility
installations, wiring and plumbing in conformance with local codes.
MOBILE HOME PARK Any premises which has facilities to accommodate I or more
occupied mobile homes.
MOTOR FUEL STATION. An establishment where gasoline, diesel, kerosene, motor
oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle
repairs and services are performed.
MOTOR VEHICLE. A self-propelled vehicle for personal or business use as defined in
M.S. ~ 169.01, as amended.
NONCONFORMING STRUCTURE OR USE. A structure or use lawfully in existence
on the effective date of this chapter or any amendment thereto and not conforming to the
regulations for the district in which it is situated.
NURSING HOME or REST HOME. A licensed establishment having accommodations
for the continuous care of 2 or more invalid, infirm, aged convalescent patients or disabled
persons that are nonrelated.
OCCUPANCY PERMIT. Permission received by the city to use/occupy a premises.
OPEN SPACE. Any unoccupied land space open to the sky.
ORDAINED. To order by virtue of established authority.
ORDINARY HIGH WATER LINE (OHWL). A line delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence on the landscape.
The ordinary high water mark is commonly that point where the natural vegetation changes from
predominantly aquatic to terrestrial.
PERFORMANCE STANDARD. A criterion established to control appearance, noise,
odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, waste and other
potential impacts generated by or inherent in uses of land or buildings.
PLANNED UNIT DEVELOPMENT. A tract of land, which will contain 2 or more
principal structures, developed under unified ownership or control, the development of which
may be unique and of a substantially different character than that of the surrounding area.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to
M.S. Chapter 505 and containing all elements and requirements set forth in applicable local
regulations adopted pursuant to M.S. ~ 462.358 and Chapter 505, as they may be amended from
time to time.
PRINCIPAL USE or PRINCIPAL STRUCTURE. The main use to which the premises
are devoted and the purpose for which the premises exist.
PRIVATE PROPERTY. Any real property within the city which is privately owned and
which is not a public property as defined in this section.
PUBLIC HEARING. An official public meeting, which notice has been published in the
official newspaper.
PUBLIC PROPERTY. Any street or highway that includes the entire width between the
boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall
also mean any other publicly owned property or facility.
RECREATIONAL USE. Golf courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat-launch ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, hiking, bicycling and horseback riding trails.
RECREATIONAL VEHICLES. A mobile vehicle, including boats, used for recreational
purposes capable of being towed or being self-propelled.
RESIDENTIAL FACILITY. A state-licensed residential facility, defined by M.S.
Chapter 462, as amended, serving 6 or fewer persons, in a single-family residential district and
no more than 16 persons in a multiple-family residential district.
RIGHT-OF-WAY. A street, alley or easement permanently established for the passage
of persons and vehicles, including the traveled surface of lands adjacent that are formally
dedicated to that usage.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a
public service that is ordinarily open to some persons outside the regular constituency of the
organization.
SETBACK. The minimum horizontal distance between a lot line and a building line or
use.
SEWER SYSTEM. Pipelines or conduits, pumping stations, forcemain, and all other
construction devices, appliances or appurtenances used for conducting sewage or industrial waste
or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of50% of the structure setback.
SIGN. See Chapter 152 of this code of ordinances.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other
property that meets the criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that
falls under the provisions of M.S. ~ 307.08, as amended. A historic site meets these criteria if it
is presently listed on either register or if it is determined to meet the qualifications for listing
after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical
Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT
HISTORIC SITES.
STEEP SLOPE. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other technical
reports, unless appropriate design and construction techniques and farming practices are used in
accordance with the provisions of this chapter. Where specific information is not available,
STEEP SLOPES are land having average slopes over 12%, as measured over horizontal
distances of 50 feet or more.
STORY. That portion of a building included between the surface of any floor and the
surface of the next floor above it, or if there is no floor above it, then the space between the floor
and the ceiling next above it.
STORY~HALF. That portion of a building under a gable, hip or gambrel roof, the wall
plates of which, on at least 2 opposite exterior walls, are not more than 2 feet above the floor of
the story.
STREET ACCESS. A public thoroughfare which affords the principal means of abutting
land.
STREET LINE. The legal line of demarcation between a street and abutting land.
STRUCTURAL ALTERATION. Any change in the supporting members of a building
or structure, such as bearing walls, columns, beams or girders; provided, however, the
application of any exterior siding to an existing building for the purpose of beautifying and
modernizing shall not be considered a STRUCTURAL ALTERATION.
STRUCTURE. Anything constructed or erected, the use of which requires a location on
the ground or attached to something having a location on the ground, or an attachment to
something having a fixed location on the ground; including, in addition to buildings, billboards,
carports, porches, decks and other building features, but not including sidewalks, drives,
swingsets, enclosed play structures under 50 square feet, fences and patios.
SUBDIVISION. See subdivision chapter.
SUPPLY YARD. A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. SUPPLY
YARDS do not include the wrecking, salvaging, dismantling or storage of automobiles and
similar vehicles.
TOWNHOUSE. Single-family, attached units in structures housing 3 or more
continuous dwelling units, sharing a common wall, each having separate and individual front and
rear entrances; the structures being as of a row house type as distinguished from multiple-
dwelling apartment buildings.
TRA VEL TRAILERS. A mobile vehicle with wheels, designed for overnight living or
camping purposes, capable of being towed by a motor vehicle.
UNIT~MOBILE HOME PARK. A section of ground in a mobile home park of not less
than 7,500 square feet of unoccupied space in an area designated as the location for 1 mobile
home, off-street parking space for 2 automobiles and other uses considered pertinent to the
establishment and use of a mobile home residence as permitted by this chapter.
(Ord. 25, passed 10-13-1976)
USABLE OPEN SPACE. A ground area on a lot, which is graded, developed,
landscaped or equipped or intended and maintained for recreation or leisure, available to and
usable by persons occupying a dwelling unit and their guests.
USE, PERMITTED. A use that is permitted in the district under which it is listed.
VARIANCE. The waiving by Board action of the literal provisions of the zoning chapter
in instances where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration.
VEHICLE. Any vehicle which is self-propelled or designed to be pushed or pulled and
shall include but not be limited to automobiles, busses, motorbikes, motorcycles, motor scooters,
trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes and gliders.
VEHICLE, ABANDONED. Any vehicle as defined in this section, which does not have
lawfully affixed or attached thereto an unexpired state registration or license plate or plates, or
the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or
discarded.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above-
ground building or other improvement except stairways, fences, docks and retaining walls which,
because of the relationship of its use to a surface water feature, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of these structures and
facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached
decks.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land or is covered by shallow water. For purposes of
this definition, WETLANDS must have the following 3 characteristics:
(1) Predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support a prevalence ofhydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(3) Under normal circumstances support a prevalence of that vegetation.
YARD. A required open space on a lot which is unoccupied and unobstructed from the
ground upward, except as otherwise provided for herein. The measurement of a YARD shall be
construed as the minimum horizontal distance between the lot line and the building line.
YARD, FRONT. A yard extending across the full width of the front lot between side lot
lines and extending from the abutting street right-of-way line to a depth required in the yard
regulations of the district in which the lot is located. On a comer lot the street address or
narrowest street dimension of the street shall be the FRONT YARD. The other street frontage
will be considered a FRONT YARD for principal structure setbacks and a side yard for purposes
of calculating setbacks for accessory structures.
YARD, REAR.. A yard extending along a side lot line between the front and rear yard lot
line, having a width as specified in the yard regulations for the district in which the lot is located.
YARD, SIDE. A yard between the sideline of the lot and the nearest line of the building
and extending from the front yard to the rear yard.
ZONING DISTRICT. An area or areas for which the regulations and requirements
governing use, lot and bulk of buildings and premises are uniform.
GENERAL REGULATIONS
~ 154.015 LOT PROVISIONS.
(A) No lot of record shall be reduced in size below the district requirements in Table 1
of Appendix A to this chapter.
(B) An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions are less than those required for the district, proviqed as follows:
(1) Evidence must be presented that the lot in question met minimum
requirements for the division of property under ordinance regulations in effect at the time of the
division of property;
(2) It fronts on a public street; and
(3) The lot is within 70% of the minimum lot area and lot width required.
(C) If two or more lots are in single ownership and if all or part of the lots do not meet
the width and area requirements of this chapter, the contiguous lots shall be considered to be an
undivided parcel for the purpose of this chapter.
Cross-reference:
Lot provisions for subdivisions, see 9 153.19
~ 154.016 NONCONFORMING USES AND STRUCTURES.
Any structure or use existing upon the effective date of the adoption of this chapter which
does not conform to the provisions of this chapter may be continued, subject to the following
conditions:
(A) The nonconforming use is not expanded or enlarged, except in conformity with
the provisions of this chapter;
(B) If a nonconforming use is discontinued or a nonconforming structure is
abandoned for a period of 12 months, further use of the structure or property must conform to
this chapter;
(C) If a nonconforming use is replaced by another use, the new use shall conform to
this chapter;
(D) If a nonconforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed 50% of the market value, the use or structure may not be
replaced or repaired except in conformity with this chapter; and
(E) Normal maintenance of a nonconforming structure is permitted, including
necessary nonstructural repairs and incidental alterations, which do not extend or intensify the
nonconforming use.
~ 154.017 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than 1 additional nonrelated employee;
(B) All business activities and storage shall take place within the structure;
(C) There shall be no alteration to the exterior of the residential dwelling, accessory
building or yard that in any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the
premises, provided all stock-in-trade is completely enclosed in the principal structure. Retail
merchandise may not constitute more than 50% of the principal structure square footage;
(G) Unless completely enclosed within an approved structure, no vehicle used in the
conduct of the occupation shall be parked, stored or otherwise present at the premises other than
as is customarily used for domestic or household purposes;
(H) Only on-site off-street parking facilities typically associated with a residence shall
be used; and
(I) The conduct of an occupation or the use of substances which may be hazardous to
or in any way jeopardize the health, safety or welfare of neighbors and neighboring property
shall not be permitted.
Cross-reference:
Outside storage as nuisance, see f 91
~ 154.018 PUBLIC UTILITIES REQUIRED.
All residential, commercial, industrial, public, institutional or other uses, which include
plumbing facilities, shall be connected to the public sewer and water system when available.
~ 154.019 BUILDING NUMBERS.
(A) Numbers required. It shall be the duty of the owner, lessee or occupant of every
house, industrial, commercial or other building to have proper house or building numbers either
by affixing to the building numbers in metal, glass, plastic or other durable material. The
numbers shall not be less than 6 inches in height, in a contrasting color to the base, and so placed
to be easily seen from the street.
(B) Alternative display. In those cases where the principal building is obscured from
view from the street of address by accessory buildings, trees, shrubbery or other visual
obstruction, the numbers shall be displayed from a permanent mounting on the property so that
they are clearly visible from the street of address.
DISTRICTS AND USE REGULATIONS
~ 154.035 GENERAL PROVISIONS.
(A) Zoning map. A map entitled Centerville Zoning Map is hereby adopted by
reference and declared to be part of this chapter as the official zoning map. This map shall be on
permanent file and available for public inspection in the City Hall. It shall be the responsibility
of the Clerk! Administrator to maintain and keep the map up to date and to record each
amendment thereto within 30 days after official publication of the ordinance adopting the
amendment.
(B) Interpretation of the zoning map. .. Where due to the scale, lack of detail or
illegibility of the zoning map attached hereto, there is an uncertainty, contradiction or conflict as
to the intended location of any zoning district boundary as shown thereon, the Zoning
Administrator shall make an interpretation of the map upon the request of any person. Any
person aggrieved by the interpretation may appeal the interpretation to the Board of Appeals and
Adjustments. The Board of Appeals and Adjustments, in interpreting the zoning map or
deciding any appeal, shall apply to the following standards:
(1) Zoning district boundary lines are intended to follow lot lines, or be
parallel or perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless the boundary lines are fixed by dimensions shown on the zoning map;
(2) Where zoning district boundary lines are so indicated that they
approximately follow lot lines, the lot lines shall be construed to be the boundary lines;
(3) Where a zoning district boundary line divides a lot, the location of any
zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be
determined by the use of the map scale shown thereon; and
(4) If, after the application of the foregoing rules, uncertainty still exists as to
the exact location of a zoning district boundary line, the boundary line shall be determined in a
reasonable manner, considering the history of uses of the property and the history of zoning
ordinances and amendments in the city as well as other relevant facts.
(C) Establishment of districts. For the purpose of this chapter, the city is hereby
divided into the following zoning districts:
(1) R-l RuralResidential;
(2) R-2A High-Density Single-Family Residential;
(3) R-2 Single-Family Residential;
(4) R-4 Single-Family Manufactured Housing;
(5) R-5 Single-Family Residential - Estate;
(6) R-M Mobil Home Park District;
(7) B-1 Commercial;
(8) I-I Industrial Park;
(9) p-I Public/Institutional; and
(10) M-I Mixed Use.
~ 154.036 RURAL RESIDENTIAL DISTRICT (R-l).
(A) Purpose. The purpose ofthe R-l District is to allow agricultural activities and
nonsewered residential dwellings as interim uses of the land. The city has limited vacant land
for development and all land in the city is planned for eventual urban uses. Because of the
limited duration anticipated for agricultural uses in the city and the incompatibilities which often
exist between agricultural and nonagricultural uses, permitted uses in the R-l District will not
reflect intensive commercial agricultural uses.
(B) Permitted uses.
(1) Single-family detached dwellings at a density not exceeding 1 home per
10 acres;
(2) Residential accessory uses and home occupations;
(3) Crop production and vegetable gardening;
(4) Produce stands for products raised on the premises;
(5) Tree nurseries and sod farms; and
(6) Horses, livestock and fowl, not exceeding a density of 1 horse or livestock
animal per acre or 3 fowl per acre,
(C) Special requirements. Agricultural uses are permitted in the R-l District subject
to the following requirements:
(1) Feed lots, runs, pens and similar intensively used facilities for animal
raising and care shall not be located within 300 feet of a neighboring property; and
(2) Accessory farm buildings shall not be erected within 100 feet of a
neighboring property.
~ 154.037 IDGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2A).
(A) Purpose. It is intended that the R-2A District provide for higher-density single-
family detached, attached and multiple-dwelling opportunities in areas where public utilities are
. available and required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with more than 4 dwelling units per
building;
(3) Accessory uses;
(4) Public parks and recreation uses;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
(B) Conditional uses.
(1) Apartments or condominiums at a density not exceeding 12 units per acre.
~ 154.038 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).
(A) Purpose. It is intended that the R-2 District provide for lower-density traditional
single-family detached dwelling opportunities in areas where public utilities are available and
required for service. The design and circulation of new residential areas are also intended to be
complementary with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with 2 units;
(3) Accessory uses;
(4) Public parks and recreation facilities;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
~ 154.039 SINGLE-F AMIL Y MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-
family, attached and detached residential opportunities in areas where public utilities are
available and required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with 4 units or less;
(3) Accessory uses;
(4) Public parks and recreation facilities;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
(C) Special requirements. Manufactured homes are permitted in all residential
districts jf they meet the design criteria for those districts. All other manufactured homes shall
be located only in designated manufactured home districts which meet the requirements of this
chapter. The general intent of this district is to provide for manufactured housing in subdivided
developments, in safe, attractive residential neighborhoods with all urban services and desired
amenities as other residential areas. No person shall erect, establish, extend or enlarge a
manufactured housing development within the limits of the city without first obtaining site plan
approval from the City Council upon receipt of the recommendation of the Planning and Zoning
Commission. Approval shall be granted only upon compliance with all the following:
(1) Compliance with all other terms of this zoning chapter;
(2) Compliance with all the terms of Chapter 153; and
(3) The proposed development must be located in the city's urban service area
as shown in the comprehensive development plan, and must be served by public utilities as
approved by the city.
~ 154.040 SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5).
(A) Purpose. It is intended that the R-5 District provide for low-density traditional
single-family residential where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complementary with and enhance
the community's small-town atmosphere.
(B) Permitted uses.
(1) Single-family detached dwellings;
(2) Accessory uses;
(3) Public parks and recreation uses;
(4) Daycare facility;
(5) Residential facility; and
(6) Home occupations.
~~ 154.041 THROUGH 154.049 RESERVED FOR FUTURE EXPANSION.
~ 154.050 MOBILE HOME PARK DISTRICT (R-M).
(A) Mobile homes shall not be parked on any public street or on any tract ofland
except as provided in this section.
(B) Emergency or temporary stopping or parking is permitted on a public street for
not longer than 3 hours subject to any other and further prohibitions, regulations or limitations
imposed by the traffic and parking regulations or ordinances for that public street.
~ 154.051 CONDITIONAL USE PERMIT.
(A) Application for a conditional use permit to establish, construct and maintain a
mobile home park under the provisions of this chapter shall be made to the City Council.
(B) The application for a permit shall be accompanied by 4 copies of the mobile home
park plan showing the following, either existing or proposed:
(1) The extent and area proposed for mobile home park purposes;
(2) Roads and driveways;
(3) Location of sites or units for mobile homes;
(4) Location and number of sanitary conveniences;
(5) Proposed disposition of surface drainage;
(6) Proposed street surfacing and lighting;
(7) Off-street parking;
(8) Patios;
(9) Location of community building;
(10) Location of recreation facilities;
(11) Location of sidewalks; .
(12) Location of setback lines;
(13) Location of screening, planting, green areas and the like;
(14) Any other information requested by the city; and
(15) Location of utility lines.
(C) Each application for a conditional use permit shall be accompanied by a list of the
names and addresses of all persons owning property within 350 feet of any boundary line of the
proposed mobile home park site.
(D) Each applicant shall be required to pay a fee as determined by City Council resolution
at the time that the application is filed with the city. Fees shall be on file with the
Clerk! Administrator. This money shall be used for the city to defray the expense of processing
the application.
(E) No conditional use permit for any mobile home park shall be issued by the City
Council until after a public hearing has been held on the matter in accordance with the
procedures for a conditional use contained in this chapter.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.052 BIDLDING PERMIT.
(A) The applicant for a building permit for the construction of a mobile home park or any
part thereof shall comply with all of the provisions of the Minnesota Building Code as those
provisions may apply.
(B) Each application shall be accompanied by 4 copies of detailed plans of the proposed
constructions and improvement of the site.
(C) Every application for a building permit to construct a mobile home park or to expand
an existing mobile home park shall be accompanied by plans approved by the State Department
of Health showing that the applicant is complying with all recommendations, suggestions and
laws under the jurisdiction of that Department.
(D) The building permit shall be issued by the Building Inspector after it has been approved
by a majority vote of the City Council.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.053 SITE REQIDREMENTS.
(A) Every mobile home park shall be located on a well-drained area and the premises shall
be properly graded so as to prevent the accumulation of stormwaters or other waters.
(B) Each unit shall have a gross area of not less than 7,500 square feet.
(C) Each unit shall have a minimum width of60 feet and minimum depth of 125 feet
measured at right angles to its side lines.
(D) Front setback of mobile homes shall be no less than 20 feet from the curb and no less
than 5 feet from the sidewalk.
(E) There shall be not less than 25 feet of space between mobile homes in all directions.
(F) A patio shall be constructed on the ground beside each mobile home parking space; this
patio shall be not less than 200 square feet in area, constructed of concrete with 4 inches
minimum thickness or approved equal.
(0) At least 1 deep-rooted shade tree (minimum diameter 2 inches at time of planting) shall
be placed and maintained on each unit.
(H) Except for the area used for the mobile home, patio, sidewalk and off-street parking
space, the entire unit shall be sodded and maintained with grass.
(1) Each unit shall abut on and have access to a street. This street shall be constructed of a
minimum of 1-112 inches of bituminous surface material on a suitable base of at least a 4-inch
thickness.
(1) An integral concrete curb and sidewalk shall be constructed on each side of the street
and the face of this curb shall be at least 16 feet from the centerline of the street. The sidewalk
shall be not less than 36 inches wide. The curb design shall be of a type approved by the City
Engineer.
(K) There shall be an unused area of not less than 35 feet in depth along each public street
or way and 50 feet in depth along each trunk or county highway, and this area shall be sodded
and planted.
(L) Every mobile home site shall provide for a minimum setback of at least 25 feet on all
sides except where abutting upon a public street, way or residential area. This area shall be
planted to provide a screen between the mobile home park and adjacent property. A chain link
fence of at least 5 feet in height shall be constructed inside the live buffer.
(M) Where a mobile home park site abuts upon a residential area, there shall be a setback of
at least 30 feet and this area shall be landscaped.
(N) The parking of more than 1 mobile home on any single unit shall not be permitted.
(0) All mobile homes shall be owner-occupied.
(P) Underground water facilities, underground sewage disposal and street lighting shall be
installed and maintained by the owner of the mobile home park site and shall be constructed in
accordance with the laws of the state, the recommendations of the State Department of Health
and the ordinances and requirements of the city.
(Q) Fire hydrants shall be placed throughout the area in a way as to satisfy the District Fire
Marshal that adequate fIre protection is achieved. No unit shall be more than 300 feet from a fIre
hydrant.
(R) An off-street parking area of at least 440 square feet shall be provided for each unit.
The parking area surface shall be equal to street construction. No on-street parking is permitted
in the mobile home park area. ..
(S) All utility lines within the mobile home park shall be buried.
(T) A minimum of 15% of the total mobile home park area shall be devoted to park and
recreation and shall be furnished with playground type equipment. The park and recreation area
shall either abut a street within the mobile park site or shall be accessible to the remainder of the
park by public walkways. In any park containing more than 100 units, a swimming pool of
suitable size shall be provided for the use of park inhabitants.
(U) All boats, boat trailers, hauling trailers and all other equipment not stored within the
mobile home or the utility enclosure that may have been provided shall be stored in a separate
area provided by the park and not upon the plots occupied by mobile homes nor upon the streets
within the mobile home park.
(V) A utility enclosure having a minimum of 10 feet by 10 feet shall be provided by
operator and placed uniformly on each lot.
(W) The mobile home park shall be so arranged that all mobile home lots and accessory
buildings shall face an interior roadway.
(X) All mobile home parks must be serviced by a municipal sewage disposal system. No
permits will be issued until municipal sewage service is available.
(Y) There shall be no exterior radio or television antennas except for a community-type
antenna for the use of all park residents.
(Z) Overflow parking (other than on-lot parking) shall be provided throughout the mobile
home park, a minimum of 1 space for each 3 mobile home lots.
(AA) There shall be no retail sales of mobile homes or accessories thereto in the limits of
the mobile home park.
(BB) The mobile home bottom shall be enclosed with a commercially produced fireproof
material of the same color, material and configuration as the mobile home itself. The enclosure
shall cover from the frame or bottom of the chassis of the mobile home to the concrete pad or
ground.
(CC)No building or structure shall be added to a mobile home except an unenclosed or
unheated porch or a carport. The total square footage of all additional structures shall not exceed
150 square feet and no structure shall extend from the mobile home more than 8 feet.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.054 MOBILE HOME PARK FACILITIES BUILDING.
Each planned mobile home residential development shall contain I or more enclosed facility
building(s) with space devoted to offices, storm shelter (basement), laundry, sanitary and
recreational facilities. The building shall be so designed so as to provide at least 12 square feet
of space per mobile home lot, but in no case shall the building be less than 2,500 square feet.
(Ord. 25, passed 10-13-1976)
~ 154.055 REGISTER OF OCCUPANTS.
(A) It shall be the duty of each licensee and permittee to keep a register containing a record
of all mobile home owners and occupants located within the park. The register shall contain the
following information:
(1) The name and address of each mobile home occupant;
(2) The name and address of the owner of each mobile home;
(3) The make, model, year and license number of each mobile home and motor
vehicle;
(4) The state, territory or country issuing the licenses; and
(5) The date of arrival and of departure of each mobile home.
(B) The park shall keep the register available for inspection at all times by law enforcement
officers, public health officials and other officials whose duties necessitate acquisition of the
information contained in the register. The register record for each occupant registered shall not
be destroyed for a period of 3 years following the date of departure of the registrant from the
park.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.056 SUPERVISION.
The owner or operator or a duly authorized attendant or caretaker shall be in charge at all
times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary
condition. The attendant or caretaker shall be answerable, with the owner or operator, for the
violation of any provision of this chapter to which the owner or operator is subject.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.057 REVOCATION OF PERMIT.
The City Council shall have the power to revoke any mobile home park special use permit
of any person who fails to conform to the requirements of this chapter or any other applicable
ordinance, state law or State Department of Health regulation. As a prerequisite to revocation,
the City Council shall hold a public hearing at which the person may be heard. The person shall
be given 10 days' written notice specifying the time and place of the hearing and a listing of
alleged violations.
(Ord. 25, passed 10-13-1976)
~~ 154.158 AND 154.159 RESERVED FOR FUTURE EXPANSION.
~ 154.060 COMMERCIAL DISTRICT (B-1).
(A) Purpose. It is intended that the B-1 District provide opportunities for retail and service
business uses which require larger development sites, highway visibility or highway access.
(B) General minimum requirements. The following minimum requirements, as set forth,
shall apply to all buildings that may be erected, converted or structurally altered in commercial
districts.
(C) Off-street parking. Off-street parking shall be provided as required in this chapter.
(D) Buffer zone between commercial and residential districts. Where a commercial district
abuts a residential district, any new development shall include a buffer zone. There shall be a
protective strip of not less than 10 feet in width. This protective strip shall contain no structures,
shall not be used for parking, off-street loading or storage, and shall be landscaped. The
landscape treatment shall include a compact screen wall or fence, but shall not extend within 15
feet of the street right-of-way. The planting or fence design must be approved by the site plan
review process. The site plan review process requires review by the Planning and Zoning
Committee and the City Council, as set forth in this chapter.
(E) Screening requirements. If the City Council requires any type of screening as a
condition for a variance or special use permit, the applicant shall comply with the following
conditions:
(1) File a copy ofthe screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within 1 year
from the date of the building permit, subject to extension by the City Council; and
(3) The screening shall be maintained after completion.
(F) Landscaping. A minimum of 10% of any lot shall be green space. Three percent of
the surface area of the land within a parking area shall be landscaped with grass and shrubbery or
other approved ground cover. Landscaped areas will continue to be maintained by the property
owner on a continuous basis. Green areas within abutting street rights-of-way will also be
maintained by the property owner. Other requirements are set forth in this chapter.
(G) Accessory structures. Garages, accessory structures, screen walls, buildings and
exposed areas of retaining walls shall be of similar type, quality and appearance as the principal
structure.
(H) Permitted encroachments. The following shall not be considered as encroachments on
setbacks subject to other conditions within this chapter: off-street parking spaces, flues, belt
course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service
station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire
escapes, sidewalks and fences, except as hereinafter amended.
(1) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street
intersection. The distances shall be measured along the property line from the comer right-of-
way and county line.
(2) Access drive onto county roads shall require a review by the City Engineer. This
review shall be measured along the property line from the comer right-of-way and county line.
(1) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a
manner as to be out of view from the street. In no event shall containers or their enclosures be
placed or maintained in a way to unreasonably interfere with the use or enjoyment of adjoining
property.
(2) All garbage containers shall be screened with a suitable enclosure.
(K) Permitted uses.
(1) Retail sales and service, but excluding adult-oriented businesses;
(2) Daycare centers;
(3) Hotels and motels;
(4) Full service gasoline sales and service;
(5) Eating and drinking establishments;
(6) Financial institutions;
(7) Personal and professional business offices;
(8) Public buildings;
(9) Barber/beauty salons;
(10) Commercial schools;
(11) Hospitals and clinics;
(12) Nursing homes;
(13) Commercial recreation;
(14) Car washes; and
(15) Liquor stores.
(L) Conditional uses.
(1) Automobile and motorized equipment sales and service, excluding salvage
operations;
(2) Farm implement sales and service;
(3) Building supply sales and storage yards;
(4) Funeral homes and mortuaries;
(5) Animal clinics.
(M) Commercial exterior building materials.
(1) Except as otherwise regulated herein, the exterior wall surfaces of all new
or expanded commercial buildings shall consist of face brick, finished block or other
textured masonry product approved by the Planning and Zoning Commission.
(2) Exceptions to all masonry exteriors may be considered ,and approved by the
Planning and Zoning Commission, provided the following findings are met:
(a) The combination of exterior materials is used as an architectural
complement to the structure;
(b) The combination of exterior materials used is not inconsistent with the
quality and appearance used on similar buildings in the same zoning district or
neighborhood;
(c) Site conditions limit public exposure to certain exterior surfaces where
masonry products are not proposed; and
(d) An exterior wall may be temporary and a future expansion area of a
structure and be subject to removal or redesign as an interior wall.
(3) Buildings are required to have contrasting architectural features and must be
designed to be aesthetically pleasing.
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard
Requirements
Signs, see Chapter 152
~~ 154.061 THROUGH 154.069 RESERVED FOR FUTURE EXPANSION.
~ 154.070 INDUSTRIAL DISTRICT (1-1).
(A) Purpose. It is intended that the 1-1 District provide opportunities for light
manufacturing and industrial uses, trade businesses, machine shops and other more
extensive land uses.
(B) General minimum requirements. The following minimum requirements, as set
forth herein, shall apply to all buildings that may be erected, converted or structurally
altered in industrial districts.
(C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District
Regulations Lot and Yard Requirements. In addition, side yards facing streets on comer
lots shall be considered the same as front yards. Where a front yard or side yard of a
comer lot faces a residential district across a street, the setback from the street shall be
not less than 60 feet.
(D) Off-street parking. Off-street parking shall be provided as required by this
chapter. All open street parking areas having more than 6 parking spaces shall be
effectively screened by a wall, fence of acceptable design or compact hedge along all
sides which adjoin or are directly across the street from the property in a residential zone
or institutional use. The wall, fence or hedge shall be maintained in good condition.
Plans for fencing shall be approved by the City Council. The fence shall not be used for
advertising purposes;
(E) Buffer zone between industrial and residential districts. Where the side yard of
any industrial district abuts a residential district, the minimum side yard setback shall be
60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All
side yard areas not utilized for parking shall be landscaped with screening provided along
the side lot line to within 15 feet of any public right-of-way.
(F) Screening requirements. If the City Council requires any type of screening as a
condition for a variance or special use permit, the applicant shall comply with the
following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within I
year from the date of building permit, subject to extension by the City Council;
(3) The screening shall be maintained after completion; and
(4) A dollar amount of 1-1/2 times the estimated cost of planting and
construction of the screening shall be filed with the city in the form of a cash escrow or
letter of credit. The cash escrow or letter of credit amount shall be forfeited to the city if
any provisions of this section are violated.
(G) Landscaping. A minimum of 10% of any lot shall be green space. Three
percent of the surface area of the land within a parking area shall be landscaped with
grass and shrubbery or other approved ground cover. Landscaped areas will continue to
be maintained by the property owner on a continuous basis. Green areas within abutting
street rights-of-way will also be maintained by the property owner. Additional
landscaping regulations are set forth in ~ 154.116.
(H) Accessory structures. Garages, accessory structures, screen walls and exposed
areas of retaining walls shall be of similar type, quality and appearance as the principal
structure. Accessory structures shall comply with other requirements of this chapter.
(I) Permitted encroachments. The following shall not be considered as
encroachments on setbacks subject to other conditions within this chapter: off-street
parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters,
awnings, open terraces, service station pump islands, open canopies, steps, chimneys,
flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(1) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a
street intersection. This distance shall be measured along the property line from the
comer right-of-way line.
(2) Access drives onto county roads shall require a review by the City
Engineer.
(K) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or
in a manner as to be out of view from the street. In no event shall containers or their
enclosures be placed or maintained in a way to unreasonably interfere with the use or
enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(L) Loading facilities. Loading facilities shall be on the side of rear yards. When
adjacent to and/or visible from any public street, the facilities must be adequately
screened.
(M) Storage. For the purpose of this zoning district, car, vans and pickup trucks
parked outside and used by employees and/or visitors in the normal course of the
business operation will not be construed to be outdoor storage. Further, outside parked
trucks and semi-trailers used in the normal business commerce will not be construed to be
outdoor storage:
(1) Provided that the total number of trucks and semi-trailers does not exceed
the number of docks andlor bay doors; and
(2) This use is not construed as an operation listed as a conditional use in any
industrial zone.
(N) Permitted uses.
(1) Business and professional offices;
(2) Machine and repair shops;
(3) Construction trade offices and yards;
(4) Manufacturing, warehousing, distribution, processing, packaging, assembly
and research uses, except waste management;
(5) Indoor shooting/archery range and sales;
(0) Conditional uses.
(1) Truck terminals;
(2) Mini-storage;
(3) Kennels;
(4) Adult and Sexually oriented businesses as further regulated in this code.
(P) Industrial exterior building materials. Industrial buildings are required to be
constructed of brick, decorative block or approved textured masonry product. Pole barn
type buildings are not allowed. Buildings are required to have contrasting architectural
features and must be designed to be aesthetically pleasing.
Cross-reference:
Signs, see Chapter 156
Adult business licensing, see Chapter 110
fifi 154.071 THROUGH 154.079 RESERVED FOR FUTURE EXPANSION.
fi 154.080 PUBLICIINSTITUTIONAL DISTRICT (P-l).
(A) Purpose. It is intended that the P-l District provide opportunities for
government facilities, schools, churches, hospitals, libraries and other similar public and
institutional uses.
(B) Permitted uses.
(1) Government buildings, structures, facilities, utilities, rights-of-way,
easements, parks, open spaces and vacant land; and
(2) Schools, churches, cultural and educational facilities and uses, libraries,
hospitals and.health facilities.
~~ 154.081 THROUGH 154.089 RESERVED FOR FUTURE EXPANSION.
~ 154.090 MIXED USE DISTRICT (M-l).
(A) Purpose. It is intended that the M-l District provide for the unique layout and
character of a traditional central business district with retail, professional office,
residential and other mixed uses.
(B) Permitted uses.
(1) Retail sales conducted within structures, but excluding automobile and
motorized equipment sales, truck stops, gasoline and fuel sales and drive-through
restaurants;
(2) Repair and service conducted within structures, but excluding automobile
and motorized equipment repair;
(3) Professional and business offices;
(4) Multiple residences and accessory uses;
(5) Accessory apartments;
(6) Theaters and recreational businesses conducted within structures; and
(7) Public buildings.
(C) Special requirements.
(1) It is the intent of these provisions to allow for flexibility of land uses and
exceptions to traditional dimensional standards, when other conditions and special
requirements are met. These provisions are not meant to allow unrestricted leapfrogging
of land uses or disregard for compatibility of land uses.
(2) Greater flexibility in zoning regulations often leads to more subjectivity in
land use interpretations. In making zoning decisions about land use compatibility and
dimensional criteria for uses and structures, the city shall have broad discretion to protect
the public health, safety and welfare; and to protect the residential integrity of the Mixed
Use District and surrounding residential neighborhoods.
(3) Setbacks and lot coverage for new or expanded structures shall be
determined through the site plan review process by the Planning and Zoning .
Commission. Factors to be considered in the determination shall include but not be
limited to existing setbacks, structural appearance, site drainage, public access, pedestrian
safety, automobile safety, intersection visibility, height, parking, landscaping and other
site design factors. Residential dwellings shall not be prohibited or discouraged in the M-
1 District.
(4) The use or conversion of a residential structure for commercial use, other
than a home occupation, shall require site plan approval by the Planning and Zoning
Commission. Factors to be considered for such a use conversion include but are not
limited to compatibility with adjacent land uses, structural appearance, structural
adaptability, investment relationship, term or length of conversion (interim or permanent)
and consistency with any land use plans prepared by the city for the Mixed Use District.
(5) The architectural design and exterior building materials used in connection
with any new or expanded use or structure shall be consistent with any architectural
design or aesthetic control requirements established by the city for the Mixed Use
District.
AA 154.091 THROUGH 154.109 RESERVED FOR FUTURE EXPANSION.
Yard-Building and Other Requirements
A 154.110 HEIGHT.
(A) Structures. No structures or building may be erected to a height exceeding 35
feet without the issuance of a conditional use permit.
(B) Excess height on a building. Upon the securing of a conditional use permit any
building may be erected to a height exceeding that specified for the respective district,
providedthe front, rear and side yards shall be increased one foot for each one foot by
which the building exceeds the height limit established for that district.
(C) Additional yard setback shall not be required for a structure that is any of the
following: television and radio towers, church spires, belfries, monuments, tanks, water
and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and
spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, silos, and air
conditioning and heating units; and that no tower, gable, spire or similar structure shall be
used for sleeping or eating quarters, or for any commercial purpose except one incidental
to the permitted uses of the main building.
~~ 154.111 THROUGH 154.119 RESERVED FOR FUTURE EXPANSION.
~ 154.120 YARDS.
(A) General requirements. The minimum depths of front yard, rear yard and side
yard for each district shall be as defined in the schedule of regulations and conform to the
following additional regulations:
(1) All structures, whether attached to the principal structure or not, and
whether open or enclosed, including porches, carports, balconies or platforms above
normal grade level shall not project into any minimum front, side or rear yard;
(2) Lots which abut on more than 1 street shall provide the required front yards
along each street for the principal structure. Side yard setbacks for an accessory structure
will apply to the frontage that is not considered to be the required front yard;
(3) Any principal structure situated on lands contiguous to or abutting any
portion of the public lakes in the city shall maintain yard setbacks of 75 feet from the
lake. Where adjacent structures have yard setbacks different from these requirements, the
minimum setback from the lake shall be the average setback of the adjacent structures to
a minimum of 50 feet; and See also Floodplain Chapter and additional requirements for
shorelands.
(4) The minimum side or rear yard depths for the following nonresidential
structures or uses which abut any lot in any residential district shall be:
(a) Off-street parking spaces and access drives for nonresidential uses, 20
feet;
(b) Churches, schools and public or semi-public structures, 40 feet; and
(c) Recreation facilities, entertainment facilities, all business uses and all
industrial uses, 60 feet.
(B) Computingfront yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the
street right-of-way line subject to the following qualifications:
(1) Cornices, canopies or eaves may extend into the required front yard a
distance not exceeding 2 feet, 6 inches;
(2) A landing place or uncovered porch may extend into the required front yard
to a distance not exceeding 6 feet, if the landing place or porch has its floor no higher
than the entrance floor of the building. An open railing no higher than 3 feet may be
placed around the place;
(3) The above enumerated architectural features may also extend into any side
or rear yard to the same extent, except that no porch, terrace or outside stairway shall
project more than 3 feet into any side yard and then, in the case of an outside stairway,
only if it is unroofed and unenclosed above and below the steps. In no case shall a porch,
stair landing or any other architectural feature extend closer than 4 feet to the side
property line; and
(4) On a comer lot in any residential district, nothing shall be erected, placed,
planted or allowed to grow in a manner as materially to impede vision between a height
of2-1/2 and 10 feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the street lines 50 feet
from the point of the intersection.
(C) Erection oimore than 1 principal structure on lot. In any district, more than 1
structure housing a conforming principal use may be erected on a single lot if
yard and other requirements of this chapter are met for each structure as though
it were on an individual lot. Required on-site parking space shall be provided
on the same lot as the principal building or use, except that combined or joint
parking facilities may be provided for 2 or more buildings or uses in
commercial districts and in industrial districts, provided that the total number of
spaces is not less than the sum of the requirements for each building or use.
The proposed joint parking space shall be within 400 feet of the entrance of the
use it will serve. A properly drawn legal instrument, approved by the city,
executed by the parties concerned, for joint use of the off-street parking
facilities shall be filed with the County Recorder's office.
~~ 154.121 THROUGH 154.129 RESERVED FOR FUTURE EXPANSION.
~ 154.130 RELOCATED BUILDINGS OR STRUCTURES.
(A) No existing building or structure may be relocated anywhere in the city
without a permit. A permit for the relocation of any building or structure may not be
issued without site plan approval by the City.
(B) The Planning and Zoning Commission shall not recommend approval of a
site plan without certifying the following:
(1) The building or structure is compatible in appearance, age and
character with existing buildings and structures in the area;
(2) The building or structure meets all code requirements for new
buildings or structures;
(3) The building or structure is compatible with any other buildings or
structures existing on the same property; and
(4) The building or structure meets all other requirements of this
chapter and any other city ordinances.
~ 154.131 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the
following minimum standards:
(A) All dwellings shall have a minimum width of24 feet at the narrowest
point, with the exception of the M-l District and R-M District;
(B) Metal siding, with exposed panels exceeding 12 inches in width, shall not
be permitted;
(C) All newly constructed single-family detached dwellings shall have
attached garages. Garages may not be converted to habitable space without replacing the
required garage;
(D) Single-family dwellings other than approved earth sheltered homes shall
have at least a 3/12 roof pitch and shall be covered with an approved roofing material;
and
(E) All single-family dwellings shall have roof overhangs which extend a
minimum of 1 foot from all the walls of the structure.
Cross-reference:
See parking requirements of this chapter
~ 154.132 ACCESSORY STRUCTURES AND USES.
(A) No more than two accessory structures are permitted on any single-family,
detached dwelling parcel located in any district except R-l. Combined aggregate square
footage for accessory structures may not exceed 200 square feet or 2% of the lot area,
whichever is greater, except in the M-l and R-4 Districts. No accessory structure may be
constructed on a parcel without a principal structure. Accessory structures must have a
minimum of a 5-foot side setback and a 10-foot rear setback, except in the M-1 District
where the Building Code governs the setbacks. No structure may be placed in an
easement.
(B) In case an accessory structure is attached to the main building, it shall be
made structurally a part of the main building and shall comply in all respects with the
requirements oHhis chapter applicable to the main building. An accessory building,
unless attached to and made a part of the main building, shall not be closer than 6 feet to
the main building, except as otherwise provided in this section. The side walls of an
accessory building may not exceed 10 feet in height. The total area of an attached
accessory building (garage) shall be no greater than 1,500 square feet per level.
Swimming pools may exceed the size requirements for accessory structures, but they
cannot exceed 50% of the rear yard.
(C) Commercial uses (as defined by this chapter) in the M-1 District will
follow the commercial guidelines for percentage of green space. For all other properties
in the M-1 District, the maximum accessory structure allowed is 704 square feet and 440
square feet in the R-4 District, neither to exceed the size ofthe principal structure if an
attached garage does not exist. If an attached garage exists, the maximum accessory
structure allowed is 2% of the lot size or a maximum of200 square feet.
f 154.133 TEMPORARY DWELLINGS AND STRUCTURES.
(A) The use and occupancy of a tent, recreation vehicle or other temporary
dwellings for the purpose ofliving quarters is not permitted in the city, except as
approved by the City Council under special circumstances.
(B) Applications for temporary dwellings shall be made in writing to the
Administrator and it shall be the Administrator's duty to submit the application to the
City Council at the next regular meeting thereof. The City Council in its discretion shall
grant or deny the permit and may require, as a condition to the granting of the permit or
any renewal permit, that the applicant appear in person before the City Council and be
examined as to his or her plans for a permanent dwelling and other matters relative
thereto. Permits shall in no event be granted for a period in excess of 90 days. At the
expiration of the 90-day period, the owner or occupant of any trailer so placed upon the
premises in accord with this section shall immediately remove the same, unless prior to
the expiration of the 90-day period, the owner or occupant shall obtain from the City
Council a renewal permit. Application therefor may be made to the Administrator as in
the case of original permits, and must be submitted to the City Council prior to the
expiration of the original 90-day period. One renewal permit may be granted upon good
cause shown, but in no event shall a renewal permit be granted for a period in excess of
90 days and not more than 1 renewal permit shall be granted.
(Ord. 25, passed 10-13-1976)
(C) Temporary structures and trailers used in conjunction with construction
work shall be permitted only during the period that the construction work is in progress.
Permits for temporary structures shall be issued for a period not exceeding six months.
~~.154.134 THROUGH 154.139 RESERVED FOR FUTURE EXPANSION.
~ 154.140 FENCES.
(A) General regulations.
(1) All fences shall be located entirely upon the property of the fence owner
unless the owner of the adjoining property agrees, in writing, that the fence may be
erected on the property line of the respective properties. This agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of the fence, the fence shall be set back a minimum of 2
feet from all lot lines. No fence other than a decorative fence may be constructed along
the side lot lines of a residential lot between the street and the front extension of the
dwelling house. As used herein, the term DECORATIVE FENCE means a wood
vertical post and wood horizontal rail fence with no more than 3 rails or a wood picket
type fence with at least 2 inches of open space between each picket.
(2) No residential fence may exceed 6 feet in height and no decorative fence in
the front yard may exceed 36 inches in height. Fencing in commerciaVindustrial zoning
shall not exceed 8 feet in height.
(3) All fences shall be constructed and maintained in a substantial,
workmanlike manner and of material reasonably suited for the purpose for which the
fence is proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross-pieces face the interior of the fence owner's lot. Any
fence which does not comply with the provisions of this section or which endangers the
public safety, health or welfare shall be considered a public nuisance.
(B) Snow-stop fencing. Snow-stop fencing may be used from November 1 to April
1. No permit shall be required for temporary fencing.
(C) Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire
fencing and similar fencing will not be allowed, except in the R-1 District.
(D) Visual obstructions. No fence may be erected which creates visual obstructions
at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian
movement.
(E) Swimming pool fencing. No private swimming pool with a water depth
exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence not
less than 4 feet in height with self-closing door and self-closing latch.
(Ord. 80, passed 5-11-2005)
~~ 154.141 THROUGH 154.149 RESERVED FOR FUTURE EXPANSION.
~ 154.150 OTHER STANDARDS
(A) Odors and emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency Rules.
(B) Dust and particulates. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
(C) Noise and vibrations. Noise and vibrations generated from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
(D) Glare. Direct or reflected glare, as from floodlights, spotlights or high
temperature processes, and as differentiated from general illumination, shall not be
visible beyond the site of origin at any property line. Any lights used for exterior
illumination shall be directed away from adjacent properties.
(E) Waste. All waste generated from any use shall be managed in compliance with
and regulated by Minnesota Pollution Control Agency Rules. Waste generated on any
premises shall be kept in containers designed for waste collection and stored in a
structure or within an approved enclosed or screened area. The accumulation, storage,
processing or disposal of waste, compost or recyclable materials on any premises, which
is not generated on that premises, is prohibited, except as specifically provided in this
chapter.
(F) Smoke. Smoke shall be measured at the point of emission by using the
Ringelman Smoke Chart published by the United States Bureau of Mines in Circular No.
7718. Smoke not darker or more opaque than No. I on that chart may be emitted, except
that smoke not darker or more opaque thanNo. 3 on the chart may be emitted for a period
not longer than 4 minutes in any 30 minutes. These provisions applicable to visible gray
smoke of a different color but with an equivalent capacity.
(G) Fumes or gases. Fumes or gases shall not be emitted at any point in
concentrations that are noxious, toxic or corrosive. The values given in Table I
(Industrial Hygiene Standards - Maximum Allowable Concentration for 8-hour day, 5
days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances
Causing Pain in the Eyes) and Table V (Exposure to Substances Causing Damage to
Vegetation) in the latest revision of Chapter 5, "Physiological Effects" that contains such
tables, in the Air Pollution Abatement Manual published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the
determination of permissible concentration and amounts. The city may require detailed
plans for the elimination of fumes or gases before the issuance of a building permit.
(H) Fire hazards. Any activity involving the use or storage of flammable or
explosive materials shall be protected by adequate fire-fighting and fire prevention
equipment and by safety devices as are normally used in the handling of these materials.
These hazards shall be kept removed from adjacent activities to a distance which is
compatible with the potential danger involved.
(I) Air pollution. Every activity shall conform to state regulations relating to air
quality standards and air pollution control.
(J) Radioactivity or electrical disturbance. No activity shall emit dangerous
radioactivity at any point or any electrical disturbance adversely affecting the operation
of any equipment at any point other than that of the creator of the disturbance.
(K) Explosives. Any activity or operation requiring the use, storage or
manufacturing of explosives shall be located no closer than 500 feet from any residence;
provided further that the location of the activity or operation is such that damage from
explosion, including flying debris, vibration or smoke, is limited to the site on which the
activity or operation is permitted.
(L) Bulk storage. The storage of all bulk liquids, fuels, chemicals and gases shall be
in compliance with and regulated by Minnesota Pollution Control Agency Rules,
Minnesota State Fire Marshal Rules and the Minnesota Building Code.
(M) Outside storage. All products, materials and equipment, except as specifically
provided in this chapter, shall be stored within permitted structures, except for the
following:
(1) Residential districts and dwellings in the M-J Districts.
(a) Agricultural products, equipment and appurtenances owned by the
owner of the property and used on the property on which they are kept;
(b) All licensed and operational motor vehicles shall be parked on the
permitted driveway area. Any unlicensed, nonoperational vehicles must be stored in an
enclosed structure; .
( c) A maximum of 2 of the following units may be stored outside of a
structure for more than 48 hours on any residential parcel, provided they are stored on the
permitted driveway area outside of the road right-of-way or are in a side or rear yard. A
licensed motor home or fifth-wheel trailer is allowed in a side or rear yard. None of the
following items may have an overall length from front to back in excess of35 feet:
1. Boat;
2. Camper;
3. Motor home;
4. Snowmobiles;
5. Personal watercraft;
6. Personal utility trailer;
7. Ice house; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play
equipment, ornaments and monuments;
(e) Temporary storage of materials and equipment during construction and
landscaping; and
(f) Lakeshore properties can store the following items of personal property
within 50 feet of the shoreline during the months from September to May: docks, boat
lifts, swim rafts, slides and other swimming equipment.
(2) Commercial/industrial districts. Storage of products, materials and
equipment, excluding rubbish or junk, which is necessary to an approved business
operation in a commercial or industrial district,' and which is completely screened from
adjoining properties and rights-of-way. The site plan review process is required to
determine the appropriateness for storage permitted in this section, surfacing required for
the storage area and the screening required. The site plan review process requires a
hearing before. the Planning and Zoning Committee and the City Council. Outside
display of vehicles, equipment and merchandise for direct sale to consumers when the
outside display is customary and necessary to the trade and is a permitted use within the
zoning district. The site plan review process is required to determine the appropriateness
of the storage or display proposed, surfacing required for the display area and any
additional landscaping or screening which may be required.
Penalty, see ~ 154.999
f 154.151 SITE PLAN REVIEW REQUIRED.
(A) Review scheduling. For all land use applications or permit applications for
commercial or industrial structures, a site plan review is required by the Zoning
Administrator or his or her designee. The review shall take place 30 days prior to the
desired Planning and Zoning meeting. For example, if a property owner desires to have a
proposal presented to the Planning and Zoning Commission in May, the application and
site plan need to be presented to the Zoning Administrator or his or her designee the first
week in April.
(B) Submittal requirements.
(1) Boundary survey of parcel including identification of all
monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk,
trails, parking stalls and curbing;
(3) Scaled identification of all setback dimensions from property lines;
(4) Scaled locations of all existing and proposed utilities and
easements;
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of
exterior building materials and color schemes;
(7) Scaled site grading plans, including erosion and sedimentation
control mechanisms and procedures;
(8) Scaled delineations of any shoreland, floodplain or wetland areas
on the site;
(9) Identification of any floodplain or wetland encroachments and
detailed mitigation plans;
(10) Detailed landscape plans, illustrating size, types and locations of all
materials, a description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
(11) Detailed descriptions of any site fencing, including type, location and
height. All plans shall be dated and bear the preparer's name(s), including professional
registrations or certifications when appropriate or required.
(C) Review requirements.
(1) For actions that will require city review, applicants shall submit 16
sets of site plans with a required application form and appropriate fees to the
Administrator for distribution. Site plans will be evaluated for consistency with
documentation requirements. Upon acceptance of the application, site plans will be
distributed to the appropriate city entity for review and recommendation.
(2) Action to approve, modify or deny site plan applications will be
based upon consistency of the application with the city's comprehensive plan, zoning
chapter, other policies and official controls and the compatibility of the proposed action
with existing area land uses, existing area investments and neighborhood character,
capacity of public streets and utilities and future planned land uses.
(D) Exceptions. The city may waive certain submittal requirements for
residential variance applications, when it is determined that submittal requirements are
not applicable or are not necessary to complete a review of the proposed action. The city
may also waive certain submittal requirements for other actions, when site plan
information for the subject property has previously been submitted to the city and may be
more appropriately supplemented with new information.
~~ 154.152 THROUGH 154.159 RESERVED FOR FUTURE EXPANSION.
~ 154.160 WOODLANDS PRESERVATION.
In residential areas, structures shall be located in a manner that the maximum
number of woodlands shall be preserved. If large numbers of trees are cut in residential
areas, trees shall be replanted in a density and manner satisfactory to the City Council.
Clear cutting of woodlands for nonagricultural purposes is prohibited, unless the action
involves a utility or roadway, required by the public, and includes a reforestation plan
required by the City Council.
~ 154.161 SPECIAL PROVISIONS RELATED TO DEVELOPMENT OR
BUILDING ON
LANDS WITmN 100 FEET OF CENTERVILLE LAKE, PELTIER LAKE OR
CLEARWATER CREEK.
(A) Residential subdivisions with dwelling unit densities exceeding four-unit
structures can only be allowed if designed and approved as residential planned unit
developments under this chapter. Only land above the ordinary high water level of public
waters can be used to meet lot area standards, and lot width standards must be met at both
the ordinary high water level and at the building line.
(B) All shoreland development shall meet the following standards:
(1) The minimum lot size shall be 15,000 square feet, not less than 100 feet in
width, each building must be set back at least 75 feet from the ordinary high water level
for lands adjoining a lake;
(2) Minimum lot size shall be 15,000, 100 feet in width and set back at least 50
feet from the ordinary high water lever for Clearwater Creek;
(3) Each building must be connected to the City water and sanitary sewer
systems;
(4) Watercraft docking facilities for multi-family developments shall be
centralized in one location and serve all dwelling units in the building; and
(C) Water-oriented Accessory Structures. Each lot may have one water-oriented
accessory structure not meeting the normal structure setback of this section if this water-
oriented accessory structure complies with the following provisions:
(1) The structure or facility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 200 square feet. Detached decks must
not exceed eight feet above grade at any point;
(2) The setback of the structure or facility from the ordinary high water level
must be at least ten feet;
(3) The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased setbacks or
color, assuming summer, leaf-on conditions;
(4) The roof may be used as a deck with safety rails, but must not be enclosed
or used as a storage area;
(5) The structure or facility must not be designed or used for human habitation
and must not contain water supply or sewage treatment facilities; and
(D) Shoreland alterations. Alterations of vegetation and topography will be
regulated to prevent erosion into public waters, fix nutrients, preserve shoreland
aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife
habitat.
(1) Vegetation alterations.
(a) Vegetation alteration necessary for the construction of public utilities
and the construction of roads and parking areas regulated by this ordinance are exempt
from the vegetation alteration standards that follow.
(b) Removal or alteration of vegetation is allowed subject to the following
standards:
1. Intensive vegetation clearing within 50 feet of the ordinary high
water line is not allowed, except where a permit has been issued for topographic
alterations, the City may allow a substitute landscape screening plan with a goal of 60%
screening of structures when viewed from the water, assuming mature heights of
vegetation and leaf-on conditions.
2. Limited clearing of trees and shrubs and cutting, pruning, and
trimming oftrees is allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings, picnic areas, access
paths, beach and watercraft access areas, and permitted water-oriented accessory
structures or facilities, provided that;
3. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not substantially reduced;
4. Along streams, existing shading of water surfaces is preserved; and
5. These provisions are not applicable to the removal of trees, limbs,
or branches that are dead, diseased, or pose safety hazards.
(2) Topographic alterations/grading andfilling.
(a) Grading and filling and excavations necessary for the construction of
structures, and driveways under validly issued construction permits for these facilities do
not require the issuance of a separate grading and filling permit. However, a grading and
filling permit will be required for the movement of more than 20 cubic yards of material
within 75 feet of a lake and within 50 feet of Clearwater Creek; and
(b) The following considerations and conditions must be adhered to during
the issuance of construction permits, grading and filling permits, conditional use permits,
variances and subdivision approvals:
1. Grading or filling in any wetland must have a permit from the Rice
Creek Watershed District.
2. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for the shortest time possible;
3. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must be established as
soon as possible;
4. Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
5. Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the local soil and water
conservation districts and the United States Department of Agriculture, Natural Resource
Conservation Service (NRCS);
6. Fill or excavated material must not be placed in a manner that
creates an unstable slope;
7. Any alterations below the ordinary high water level of public
waters must first be authorized by the Commissioner ofDNR under M.S. ~ 103G.245;
8. Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely affect adjacent or nearby
properties.
(E) Additional standards for commercial uses.
(1) Surface water-oriented commercial uses with needs to have access to and
use of public waters may be located on parcels or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
(a) In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this ordinance, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures;
(b) Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need; and
(c) Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following general
standards:
1. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or safety messages may be
placed in or on public waters by a public authority or under a permit issued by the county
sheriff;
2. Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to convey needed
information. They must only convey the location and name of the establishment and the
general types of goods or services available. The signs must not contain other detailed
information such as product brands and prices, must not be located higher than ten feet
above the ground, and must not exceed 32 square feet in size. If illuminated by artificial
lights, the lights must be shielded or directed to prevent illumination out across public
waters; and
~~ 154.162 THROUGH 154.169 RESERVED FOR FUTURE EXPANSION.
~ 154.170 FINAL GRADING AND LANDSCAPING.
Lots in all districts shall be subject to the following:
(A) No occupancy permit shall be issued until the lot upon which the structure
is constructed is brought to finished grade as specified, except during inclement weather
an escrow shall be deposited with the city as approved in the fee schedule; and
(B) Prior to issuance of the occupancy permit, the lot shall be landscaped in a
manner which prevents erosion due to wind or water. Extensions may be granted at the
Building Official's discretion.
~ 154.171 LANDSCAPING.
(A) Minimum quantities.
(1) All new development activities, including site modifications or use
intensifications, shall be subject to landscaping improvements.
(2) The following table illustrates guidelines within each zoning district:
District Overstory Trees Foundation Plantings4
R-I 2 trees/unit/street frontage! None
R-2, R-4 and R-5 2 trees/unit/open space exposure2 None
R-2A 8 trees plus 2 trees/unitj None
District Overstory Trees Foundation Plantings4
B-1 8 trees or 1/3,000 sq. ft. site area:> 1/10 ft. building and parking area
M-l 8 trees or 1/3,000 sq. ft. site area:> 1/10 ft. building and parking area
1-1 8 trees or 1/3,000 sq. ft. site area5 1110 ft. building and parking area
P-l 8 trees or 1/3,000 sq. ft. site area:> 1/10 ft. building and parking area
District
Overstory Trees
Foundation Plantings4
NOTES:
1 Trees shall be deciduous and planted at the boulevard, except on culs-de-sac where 1 of the required
trees may be planted off the boulevard but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum 50-foot intervals.
4 The calculation for the number of foundation plantings is based upon 1 planting for each lineal foot
of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at
10-foot intervals.
5 The required number of trees is based upon a minimum of8 trees or 1 tree per 3,000 square feet of
site area, whichever is greater. Tree spacing must include trees at the boulevard at minimum 50-foot
intervals.
(B) Minimum standards.
(1) Overstory trees:
(a) Deciduous trees. Two and I/2-inch caliper planting size, balled and
burlapped.
(b) Coniferous trees. Six feet in height planting size, balled and burlapped.
(2) Foundation plantings. Coniferous and deciduous shrubs shall be planted at
a minimum of 1/3 the mature spread and height of typical growth habits.
(3) Boulevard trees. All boulevard trees shall be hardwood shade trees or
flowering trees. .
(4) Overstory mix. When multiple quantities of overstory trees are required, at
least 75% of the trees required shall be deciduous trees.
(5) Hardiness. All landscape materials proposed shall be consistent with
Minnesota Hardiness Zones, whether indigenous or foreign. Plant species must all be
tolerant to snow storage, exposure to salt and sun scald in parking areas.
(6) Diversification. In any development in which at least 8 overstory trees or
foundation plantings are required, at least 3 varieties of boulevard trees are required on
each side of the block.
(7) Warranty. All required landscape materials shall be warranted for growth
for a minimum of 2 years after planting.
~~ 154.172 THROUGH 154.179 RESERVED FOR FUTURE EXPANSION
~ 154.180 PARKING REQIDREMENTS.
(A) Requirements in general. The following table illustrates the minimum number
of parking spaces required for various uses permitted in the city. The city may modify
minimum parking requirements in the M-l District, as part of the site plan approval
process, if it is determined that the use is consistent with the purpose of the district and
street parking is sufficient to accommodate the use.
Uses Minimum Parking Required
Residential 2/dwelling unit
Churches 113 seats in largest assembly
Schools 1Iclassroom plus 113 seats in largest assembly
Theaters 113 seats
Uses Minimum Parking Required
Restaurants 1/3 seats
Offices 5/1,000 sq. ft. gross floor space
Retail 6/1,000 sq. ft. gross floor area
Convenience stores 7/1,000 sq. ft. gross floor area
General services 4/1,000 sq. ft. gross floor area
Trade businesses 3/1,000 sq. ft. gross floor area
Uses Minimum Parking Required
Manufacturing 3/1,000 sq. ft. gross floor area
Other industrial 3/1,000 sq. ft. gross floor area
Car washes S/stacking per bay
Drive-up restaurants S stacking plus 1/3 seats
(B) Off-street parking. When a building is enlarged, additional off-street parking
shall be required only with respect to the additional usable floor area. Parking spaces
may be located on a lot other than that containing the principal use with the approval of
the City Council.
(1) Change infacilities. An off-street parking area shall not be changed to any
other use until equal facilities are provided elsewhere. No parking area used or
designated in connection with a building in existence on the effective date of this chapter
shall be reduced to provide fewer than the minimum number of parking spaces required
under this chapter.
(2) Off-street parking and loading zones. No building shall be hereafter
erected, substantially altered or its use changed unless off-street parking and loading
spaces have been provided in accordance with the provisions of this chapter. The number
of off-street parking spaces provided shall be at least the minimum number provided in
the schedule contained in this section.
(3) Off-street loading. A loading space shall have minimum dimensions of not
less than 12 feet in width, 50 feet in length, exclusive of driveways, aisles and other.
circulation areas. One off-street loading space shall be provided and maintained on the
same lot for each commercial and industrial use requiring regular delivery of goods and
having a modified gross floor area of more than 10,000 square feet. One loading space
shall be provided for each additional 25,000 square feet or fraction thereof. No off-street
loading space shall be located in any yard adjoining any residential use. Required off-
street loading space shall not be included as off-street parking space in computing
required off-street parking space. Vehicles utilizing this loading space shall not project
into the public right-of-way.
(4) Fractional space. When an application of the standards of this chapter with
respect to number of off-street parking spaces results in the need to provide a fraction of
1 space, any fraction of 1/2 or less shall be disregarded and any other fraction shall be
construed as 1.
(5) Uses not mentioned For any use not specifically mentioned in the schedule
of off-street parking and loading requirements, the number of spaces required should be
that required for that use named in the schedule which is determined by the Planning and
Zoning Commission to be most similar.
(6) Spaces for 5 or more automobiles. Parking areas consisting of 5 or more
off-street parking spaces shall have individual spaces so marked and shall be so designed,
maintained and regulated that no parking or maneuvering incidental to parking shall be
on any public street, walk or alley and so that any vehicle may be parked and unparked
without moving another.
(7) Improvement and maintenance. Required parking and loading spaces,
together with driveways, aisles and other circulation areas, shall be improved in a way as
to provide a durable and dust-free surface asphalt, concrete, pavers, cobblestone or
similar material according to minimum city specifications, excluding R-l Districts. All
parking and loading areas shall provide for proper drainage of surface water to prevent
the drainage of the water onto adjacent properties or walkways. The owner of any
parking or loading area shall maintain the area in good condition without holes and free
of all dust, trash and other debris. Parking and access drives shall be located a minimum
of five feet from any property line. Parking spaces shall be a minimum of nine feet wide
and 18 feet deep.
(8) Access. All off-street parking areas shall have access from driveways rather
than from public streets, the driveway access shall be limited to 24 feet in width at the
public street line.
~~ 154.181 THROUGH 154.189 RESERVED FOR FUTURE EXPANSION.
PLANNED UNIT DEVELOPMENTS
~ 154.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the
city zoning chapter may be granted by the City Council in the form of Planned Unit
Development (PUD) Districts, to achieve:
(A) A maximum choice of living environments by allowing a variety of housing
building types and permitting an increased density per acre and a reduction in lot
dimensions, yard, building setbacks and area requirements;
(B) A more useful pattern of open space and recreation areas Jd, if permitted as
part of the project, more convenience in the location of accessory commercial uses and
servIces;
(C) A development pattern which preserves and utilizes natural features, trees and
other vegetation, and prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter
utilities and streets; and
(E) A development pattern in harmony with land use density, transportation facilities
and community facilities objectives of the comprehensive plan.
~~ 154.201 THROUGH 154.209 RESERVED FOR FUTURE EXPANSION.
~ 154.210 GENERAL REQUIREMENTS.
A special use permit shall be required of all planned unit developments. The city
may approve the pun only if it finds the development satisfies all the following
standards: .
(A) The development shall be planned so that it is consistent with the city
comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities
on the project site and the development plan provides for the preservation of unique
natural amenities such as streams, stream banks, wooded cover, rough terrain and similar
areas;
(C) The planned unit development proposal appears to harmonize with both existing
and proposed development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and
scheduled to be developed as 1 unit. In addition, the development plan must include
provisions for the preservation of natural amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of
sufficient size, composition and arrangement that its construction, marketing and
operation are feasible as a complete unit, and that provision and construction of dwelling
units and common open space are balanced and coordinated;
(F) The PUD will not create an excessive burden on parks, schools, streets and other
public facilities and utilities which serve or are proposed to serve the district;
(G) The proposed total development is designed in a manner as to form a desirable
and unified environment within its own boundaries;
(H) The plans required under this section must be submitted in a form which will
satisfy the requirements of Chapter 153 for the preliminary and final plans;
(I) Permission to develop specific parcels of land under the provisions which follow
shall be binding on all construction. Any change in the development plan after approval
by the City Council shall be resubmitted for consideration; and
(J) Subdivision review under the subdivision chapter shall be carried out
simultaneously with the review of a PUD under this section.
fifi 154.211 THROUGH 154.219 RESERVED FOR FUTURE EXPANSION.
fi 154.220 USES PERMITTED.
Permitted uses may include any combination of dwelling units in single-family, 2-
family, town or row houses; any nonresidential use to the extent the nonresidential use is
designed and intended to serve the residents of the planned unit development; public or
private education facilities; or other uses permitted in the zoning district in which the
planned unit development is located. When a PUD proposes a mixture of residential uses
with commercial uses, the Council may limit the development of not more than 10% of
the tract to commercial uses.
fi 154.221 RELATIONSHIP OF PUD SITE TO ADJACENT AREAS.
The design of a pun shall take into account the relationship of the site to the
surrounding areas. The perimeter of the PUD shall be so designed as to minimize
undesirable impact of the pun on adjacent properties, and conversely, to minimize
undesirable impact of adjacent land use and development characteristics on the pun.
~ 154.222 SIZE.
A pun may be used on any development of more than two (2) residential units. A
PUD may be used for any commercial or industrial development or on developments that
include a combination of uses. The Planning & Zoning Commission may require that
any development be submitted as a pun when in their opinion the proposed development
could be best handled as a PUD.
~ 154.223 MINIMUM LOT SIZE.
The minimum lot size requirements of other sections of this chapter do not apply to a
PUD except that the minimum lot size requirements of the underlying zone shall serve as
a general guideline to determine the maximum dwelling unit density of the total
development.
~ 154.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard
requirements of lots in a PUD shall be at least equivalent to the spacing requirements of
buildings similarly developed under the terms of this chapter on separate parcels.
~ 154.225 ACCESS TO PUBLIC RIGHT-OF-WAY.
The site of a PUD shall abut, and the major internal street or streets serving the pun
shall be connected to, at least 1 primary arterial, or neighborhood collector street.
~ 154.226 UTILITY REQUIREMENTS.
Utilities, including telephone and electrical systems, installed within a PUD shall be
placed underground. Utility appurtenances, which can be effectively screened, may be
exempted from this requirement if the city finds that the exception will be consistent with
the objectives of this subchapter and the character of the proposed PUD.
~ 154.227 OPEN SPACE.
A minimum of 20% of the gross land area for private or public open air recreational
use protected by covenants running with the land or by conveyances or dedicated as the
Planning and Zoning Commission may specify shall be an integral part of the plan.
These open space areas shall not include land devoted to streets, parking and private
yards. Whenever possible, common open space shall be linked to the open space areas of
adjoining developments. Common open space shall be of a size, shape, character and
locations as to be usable for its proposed purpose.
~ 154.228 PARKING.
Off-street parking and loading space shall be provided in each PUD in the same
ratios for types of buildings and uses as required in the underlying zoning district.
~ 154.229 RESERVED FOR FUTURE EXPANSION.
~ 154.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as
groups having common parking areas and common ingress and egress points. Each
commercial area shall be separated from abutting residential areas by appropriate screens
or fences. The design of commercial areas shall provide for the integrated and
harmonious design of buildings and for adequate and properly arranged facilities for
internal traffic, circulation, landscaping and other features and facilities as may be
necessary to make the areas attractive and efficient from the standpoint of adjacent
noncommercial areas. Any area which is not to be immediately improved or developed
shall be landscaped or otherwise maintained in a neat and orderly manner as specified by
the city.
~~ 154.231 THROUGH 154.239 RESERVED FOR FUTURE EXPANSION.
~ 154.240 ARRANGEMENT OF INDUSTRIAL USES.
In any PUD including industrial uses, the industrial uses shall be provided in park-
like surroundings utilizing landscaping and existing woodlands as buffers to screen
lighting, parking areas, loading areas and outdoor storage of raw materials or products.
An industrial area in a PUD shall provide for the harmonious design of buildings and a
compact grouping in order to economize in the provisions of required utility services.
Streets in a planned industrial area shall be kept to a minimum in order to reduce traffic.
All spaces between the right-of-way line and the industrial building line and all
intervening spaces between buildings, drives, parking areas and improved areas shall be
landscaped with trees and plantings and properly maintained.
~~ 154.241 THROUGH 154.249 RESERVED FOR FUTURE EXPANSION.
~ 154.250 PRE-APPLICATION MEETING; PROCEDURE.
Before submitting a formal application for a PUD under this chapter, the developer
shall meet with the Planning and Zoning Commission. The purpose of this meeting is to
discuss early arid informally the purpose and effect of this chapter and the criteria and
standards contained in this chapter, and to familiarize the developer with the city's
comprehensive plan, including the land use plan, the major thoroughfare plan, and the
parks and open space plan, and with the subdivision regulations and the drainage, sewer
and water systems of the city.
~ 154.251 APPLICATION.
(A) An application for approval of a preliminary development plan for a proposed
PUD shall be made to the Planning and Zoning Commission, by at least 1 owner or lessee
of property for which the PUD is proposed. The application shall be accompanied by a
certified check or money order to cover the costs incurred in checking and processing the
plans in an amount affixed by resolution of the City Council.
(B) The application with accompanying outline development plan shall be submitted
(16 copies) and shall include:
(1) A vicinity map at a scale of 1 inch equals 250 feet showing property lines,
existing streets, existing zoning, and any other items as the Planning and Zoning
Commission may require to show the relationship of the proposed PUD to the
comprehensive plan of the city, to existing schools and other community facilities and
services, and to the surrounding area;
(2) A preliminary plan of the PUD in schematic form showing the following:
(a) The existing topographic character of the land;
(b) A composite of all natural amenities of the site including steep slopes,
drainageways plus marshes, ponds and lakes;
(c) The size of site and proposed uses of the land to be developed together
with an identification of off-site land use;
(d) The density of land use to be allocated to the several parts of the
development;
(e) The approximate location of thoroughfares;
(t) The location of common open space including public schools, parks
and playgrounds or private natural preserves; and
(g) The off-street parking system.
(3) A written statement including the following:
(a) A statement of the ownership of all land involved in the PUD together
with a summary of previous work experience;
(b) An explanation of the general character of the planned development;
(c) A statement describing the ultimate ownership and maintenance of all
parts of the development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be
provided to the development; 'and
(e) The total anticipated population to occupy the PUD, with breakdowns
indicating the number of school-age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant,
the PUD will be in the public interest and consistent with the objectives specified for
PUDs by ~ this chapter.
~ 154.252 ACTIONS.
(A) By the Commission. Within 60 days of the filing ofthe application, the Planning
and Zoning Commission shall hold a public hearing on the proposed PUD following
written and published notice as required for amendments of this chapter. Following the
hearing and within 60 days of the filing of the application or at a later time agreed to by
the applicant, the Planning and Zoning Commission shall recommend approval or
disapproval of the preliminary proposal with any changes and conditions as it may
suggest and shall transmit its recommendations to the City Council. In its
recommendations the Commission shall determine whether the proposed PUD is
consistent with the objectives for PUDs specified in ~ 154.065 and with the
comprehensive land use plan of the city; and whether the benefits, combination of various
land uses, if proposed, and the interrelationship with the land uses in the surrounding area
justify the deviation from standard district regulations allowed by this chapter for PUDs.
(B) By City Council. Upon receipt of the recommendations of the Planning and
Zoning Commission, the Council shall consider the application and, after holding the
public hearing as it deems desirable, shall approve or disapprove the application with the
changes or conditions, if any, as it may deem appropriate. Refusal of any changes or
conditions shall constitute denial of the plans by the City Council. Failure of the
landowner to notify the City Council of his or her acceptance or refusal of the
modification to the plan constitutes acceptance of these conditions. No building permits
may be issued on land within the PUD until final plans for the development have been
approved by the City Council under the procedures provided in the following sections.
~ 154.253 PUD AGREEMENT.
The Zoning Administrator shall instruct the City Attorney to draw up a PUD
agreement which stipulates the specific terms and conditions approved by the City
Council and accepted by the applicant. This agreement shall be signed by the Mayor of
the city, Clerk! Administrator and the applicant within 30 days of the City Council
approval of the PUD application and final plat. Where the PUD application and/or final
plat is to be resubmitted or denied approval, the City Council action shall be by written
report setting forth the reasons for its actions.
~ 154.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the final development plan shall be filed
by the applicant with the Planning and Zoning Commission within 6 months of the date
on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered
abandoned unless an extension period is requested and granted by the City Council.
~ 154.255 DOCUMENTATION REQUIRED.
The final application shall be accompanied by the following supporting
documentation:
(A) A final plan of the PUD in schematic form including the following:
(1) The street system, lot layout and off-street parking and loading plan;
(2) The use, height, bulk and approximate location of buildings and other
structures;
(3) Land areas to be conveyed, dedicated or reserved for parks, parkways,
playgrounds, school sites, public buildings and similar public and semi-public uses;
(4) A site plan for each building site and common open area, showing
approximate location of buildings, structures and improvements;
(5) Generalized elevations and perspectives of all structures;
(6) A site grading plan indicating the direction of flow of surface drainage and
all easements necessary for both ponding and runoff;
(7) Plans, profiles and specifications for the distribution of water, collection of
sanitary waste and stormwater;
(8) A landscape plan indicating the location, size and type of plant materials to
be used;
(9) Plans, profiles, typical sections and specifications for proposed street
improvements; and
(10) The density of land use to be allocated to the several parts of the site being
developed.
(B) A written statement including:
(1 ) The approximate date when construction will begin by stage of
development and the area of open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance
and continued protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council
for the particular PUD.
~ 154.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council
on an application for review and approval of the final plan for a PUD shall be the same as
prescribed by this subchapter for the action on the. preliminary proposal. In giving
approval, the Council may specify the length of time within which construction of the
project must be begun or completed, and it may attach other conditions as seem
necessary. The final development plan shall be in general conformance with the
preliminary development plan as approved.
(B) (1) Criteria for approval. The findings necessary for approval of both the
preliminary and final development plans shall be based on the following and describe in
what respect the plan would or would not be in the public interest.
(a) The plan does not conflict with the city comprehensive plan;
(b) The plan is designed to form a desirable and unified development
within its own boundaries;
(c) The proposed uses will not be detrimental to present and future land
use in the surrounding area;
(d) Any exceptions to the standard requirements of the zomng and
subdivision chapters are justified by the design of the development; and
(e) The plan will not create an excessive burden on parks, schools, streets
and other public facilities and utilities which serve or are proposed to serve the pun.
(2) Noncompliance. In the event the plan as submitted for fmal approval is not
in substantial compliance with the preliminary development plan, the Zoning
Administrator shall notify the applicant within 45 days of the date of application, setting
forth the ways in which the plan is not in substantial compliance.
(a) The applicant may treat the notification as denial of preliminary
approval;
(b) The applicant may refile his or her plan so that it does substantially
comply with the outline development plan; or
(c) The applicant may file a written request with the Planning and Zoning
Commission that it hold a public hearing on his or her request for final approval. Any
hearing shall be held within 30 days after the request for the hearing. Within 45 days of
the hearing, the Planning and Zoning Commission shall either grant or deny preliminary
approval to the plan.
(3) Pinal approval. The City Council shall review and approve the final
development plan if it is in substantial compliance with preliminary development plan.
Following this, the applicant shall record the final development plan in the manner
provided for recording subdivision plats. If the final development plan is not in
substantial compliance, the applicant shall be requested to repeat the procedures outlined
for the preliminary development plan. Approval may be conditioned on the applicant
executing a pun agreement.
~ 154.257 TIME LIMIT.
If work on the pun is not started within the time limits prescribed in the pun
agreement, approval shall terminate unless an extension period is requested or granted by
the City Council.
~ 154.258 AMENDMENTS-CHANGES TO THE PUD PLAN.
Amendments may be made in the approved final plan when they are shown to be
required by changes in conditions that have occurred since the final plan was approved or
by changes in the development policy of the city.
(A) Minor changes in the location, siting, and height of buildings and structures may
be authorized by the City Engineer if requested by engineering or other unforeseen
circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be
authorized by the City Council under procedures outlined for amendment of this chapter.
fi 154.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning
Commission on the final development plan. Thereafter, the use of land and the
construction, modification or alteration of any buildings shall be governed by the
approved fmal development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the intent
and purpose of the final plan and do not increase the cube of any building or structure by
more than 10%; and
(2) Changes in the use of common open space or the replacement of any
building substantially destroyed which exceeds the intent and purposes of the final
development plan may be authorized only by amendment to the final development.
fi 154.260 SITE IMPROVEMENTS.
At any time following the execution of a PUD agreement and receiving a notice to
proceed from the City Administrator, the applicant may, pursuant to the applicable codes
of the city, apply for and the Zoning Administrator may issue grading permits for the area
within the PUD for which development stage plan approval has been given.
fi 154.261 CONSTRUCTION.
The construction and provisions of all the common open spaces and public and
recreational facilities which are shown on the final development plan must proceed at the
same phase as the construction of dwelling units. At least once every6 months following
the approval of the final development plan, the Zoning Administrator shall review all of
the building permits issued for the planned development and examine the construction
which has taken place on the site. If he or she shall find that the rate of construction of
dwelling units is greater than the rate at which common open spaces and public and
recreational facilities have been constructed and provided, he or she shall forward this
information to the City Council, which may revoke the PUD Permit.
~ 154.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the final development plan as common open space must be
conveyed to a homeowners' association or similar organization for the maintenance of
the planned development. The common open space must be conveyed to the
homeowners' association or similar organization subject to covenants, to be approved by
the City Council, which restrict the common open space to the uses specified on the final
development plan, and which provide for the maintenance of the common open space in a
manner which assures its continuing use for its intended purpose.
~ 154.263 HOMEOWNERS' ASSOCIATION.
If a homeowners' association is created, the applicant shall submit plans at the time
of final plan of development and documents which explain:
(A) Ownership and membership requirements;
(B) Articles of incorporation and bylaws;
(C) Time at which the developer turns the association 'over to the homeowners;
(D) Approximate monthly or yearly association fee for homeowners; and
(E) Specific listing of items owned in common including items as roads, recreation
facilities, parking, common open space ground and utilities.
Penalty, see ~ 154.999
ADMINISTRATION
~ 154.300 PERFORMANCE STANDARDS.
Every use permitted by this chapter shall be so established and maintained as to
comply with the provisions of this section. The Council may require the owner or
operator of a use permitted by this chapter to provide the tests or investigations by an
independent testing organization satisfactory to the Council as are necessary to show
compliance with these standards. The cost of the investigation and tests shall be shared
equally by the owner or operator and the city unless the results disclose noncompliance
with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the city from making any investigations and tests it
finds appropriate to determine compliance with these standards.
~~ 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION.
~ 154.310 VARIANCES.
(A) Standards. The Planning and Zoning Commission shall recommend a variance
and the Council shall order the issuance of the variance only if it conforms to the
following standards:
(1) Special conditions and circumstances exist which are peculiar to the land,
structure or building involved and do not result from the actions of the petitioner;
(2) Literal interpretation of the provisions of this chapter would deprive the
petitioner of rights commonly enjoyed by other properties in the same district under the
terms of this chapter; and
(3) Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures or buildings in the same
district; and
(4) The proposed variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values within
the surrounding area, or in any other respect impair the public health, safety, or welfare of
the residents of the city; and
(5) Any person filing a petition requesting a variance or an amendment of the
zoning chapter rezoning property or changing regulations within any use district shall pay
a fee according to the schedule established by resolution of the City Council. The fee is
payable at the time of filing a petition and is not refundable.
(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the power to hear and
recommend requests for the following:
(1) Interpretation. Hearing appeals where it is alleged that there is an error in a
decision or judgment made by an administrative officer in the interpretation or
enforcement of this chapter or in the interpretation of zoning district boundaries; and
(2) Variances. Recommend variances from literal ordinance requirements in
instances where strict enforcement would cause undue hardship because of circumstances
unique to the individual property under construction.
(C) Variance procedures.
(1) Applications provided by the city must be completed in writing prior to any
consideration of variance petitions. Fees for variances are established by resolution of
the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to
provide copies of plans, maps, surveys and the like, as deemed necessary, to ensure
proper review and consideration of variance petitions.
(3) After filing an application, the Administrator shall set a date for a public
hearing. Notice of the hearing shall be posted and published at least 10 days prior to the
date of the hearing, and notice shall be mailed to each property owner within 350 feet of
the property to which the variance relates. Defects in the notice or failure to notify
individual property owners shall not validate the proceedings, provided a good faith
effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall
either recommend approval or denial for the variance and shall state the reasons for the
action. Conditions for approval may be attached to any variance granted.
(5) Upon receipt of the recommendations of the Commission, the Council shall
hold whatever hearings it deems advisable and shall make its decision upon the request to
grant the variance. In granting the variance the Council may impose conditions which it
considers necessary to meet the standards of this chapter and to protect the best interests
of the surrounding area and the city as a whole. Violation of any such condition is a
violation of this chapter. The Board of Appeals and City Council must find true the
following, in the granting of a variance from this chapter:
(a) Granting a variance will not adversely affect the public health, welfare
and safety and will not be detrimental or injurious to property or improvements in the
neighborhood;
(b) Strict interpretation or enforcement would result in a practical difficulty
or unnecessary hardship that is not self created, that is inconsistent with the intent of this
chapter and the comprehensive plan;
(c) There are exceptional or extraordinary circumstances or conditions
applicable to the property, use or facilities that do not apply generally to other properties
in the same district;
(d) There are exceptional or extraordinary circumstances or conditions
applicable to the property, use or facilities that do not apply generally to other properties
in the same district;
(e) Strict or literal interpretation would deprive the applicant of the use and
enjoyment of his or her property in a manner similar to others in the same district; and
(f) Granting of the variance will not allow a use which is otherwise not a
permitted use in the zoning district in question.
(6) A variance granted but not used shall become void 1 year after its effective
date.
(7) No application for the same or essentially the same variance shall be made
within 6 months of the date of denial.
~~ 154.311 THROUGH 154.319 RESERVED FOR FUTURE EXPANSION.
~ 154.320 CONDITIONAL USES.
Conditional uses may be permitted within the several zoning districts of the City
subject to the provisions of this section.
(A) Authority. The Council may, after review, hearing and report by the Planning
Commission, grant a Conditional Use Permit authorizing the development of a
conditional use upon a showing by the applicant that the standards, criteria and purpose
of the district in which the proposed use is to be located, will be satisfied. The standards
and criteria shall include both general requirements for all conditional uses and, insofar as
practicable, requirements specific to each designated conditional use.
(B) Standards and conditions for conditional uses.
(1) A Conditional Use Permit may be granted for the following uses only:
(a) Any use specifically listed as a Conditional Use in the regulations
applicable to the district in which it is to be located or otherwise stated in this Chapter to
be a conditional use;
(b) Any use which is the same or similar, and consistent with, a conditional
use specified in the use district, the Planning Commission may consider and allow such
conditional use.
(2) A Conditional Use Permit shall be granted only if evidence is presented to
establish:
(a) That the proposed building or use at the particular location requested is
necessary or desirable to provide a service or a facility which is in the interest of the
public convenience and will contribute to the general welfare of the neighborhood or
City;
(b) That the proposed building or use will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood, traffic
conditions, utility facilities and other matters affecting the public health, safety and
general welfare; and
(c) That the proposed building or use will be designed, arranged and
operated so as to permit the development and use of neighboring property in accordance
with the applicable district regulations.
(3) The Council may impose such conditions upon the premises benefited by a
conditional use as may be necessary to prevent or minimize injurious effects therefrom
upon other property in the neighborhood. Violation of such conditions and safeguards
shall be a violation of this Chapter.
(C) Procedure.
(1) An application for a Conditional Use Permit shall be submitted in triplicate
to the Zoning Administrator. The Planning Commission or the Council may require any
additional information they deem necessary before a hearing is held. In the Flood Plain
Districts, the application shall also follow the requirements of Chapter 155, Flood
Damage Prevention.
(2) A public hearing shall be set, noticed and conducted by the Planning
Commission in accordance with this Chapter. The Commissioner of Natural Resources
shall be given at least 10 days' notice of hearing of all applications for conditional uses in
the Flood Plain Districts.
(3) Within 30 days after the conclusion of the public hearing, the Planning
Commission shall transmit to the Council a written report containing its
recommendations concerning the proposed conditional use. Such report shall be
accompanied by findings of fact specifying the reasons for the recommendation. In
considering conditional use applications in the Flood Plain Districts, the Planning
Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
(4) The Council shall, within 30 days of the receipt of the report of the Planning
Commission, grant or deny the conditional use or refer the matter back to the Planning
Commission for further consideration. The Council shall not grant a conditional use
unless it finds that the standards of this Section have been satisfied. Any proposed
conditional use which fails to receive.the approval of the majority of the members of the
Planning Commission voting upon it shall not be approved except by a favorable vote of
four-fifths of all of the elected members of the Council.
(5) A Conditional Use Permit shall be valid for a period of one year, after
which the same shall be revoked in the event that any proposed construction, alteration or
operation has not been started in accordance with the terms of such permit.
(6) A Conditional Use Permit shall remain in effect as long as the conditions
agreed upon are observed, but nothing in this Chapter shall prevent the City from
enacting or amending official controls to change the status of conditional uses.
~~ 154.321 THROUGH 154.329 RESERVED FOR FUTURE EXPANSION.
~ 154.330 INTERIM USE PERMITS.
(A) Purpose. It is intended that the interim use permit procedures allow flexibility in
the use of land or structures in the city, when the uses are not permanent and when the
uses meet appropriate conditions and performance standards that protect the public
health, safety and welfare.
(B) Application, public hearing and procedure. The application, public hearing,
notice and procedure requirements for interim use permits shall be the same as those for
amendments, as provided in thid chapter. If a proposed interim use is not listed as a
permitted interim use in this chapter, a text amendment to this chapter will be required
before an interim use permit may be considered.
(C) Termination. All interim use permits shall terminate on the happening of any of
the following events, whichever first occurs:
(1) The date stated on the permit;
(2) Upon violation of the condition under which the permit was issued; or
(3) Upon change in the city's zoning regulations that renders the use
nonconforming.
(D) Standards. The interim use must specifically listed in the zoning district where
the property is located. The interim use must meet or exceed the performance standards
set forth in this chapter and other applicable city ordinances. The interim use must
comply with the specific standards for the use identified in this chapter and must comply
with all conditions of approval, which shall be included in an interim use permit
agreement.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate
anticipated adverse impacts associated with the use, to ensure compliance with the
standards of approval, to protect the value of other property, and to achieve the goals and
objectives of the comprehensive plan.
~~ 154.331 THROUGH 154.349 RESERVED FOR FUTURE EXPANSION.
~ 154.350 AMENDMENTS.
(A) Amendments to this chapter may be initiated by the Planning and Zoning
Commission, City Council or by a petition of a landowner or other interested party.
(B) Applications provided by the city must be completed, in writing, prior to any
consideration for an amendment. Fees for zoning amendments are established by
resolution of the City Council.
(C) The city may require the applicant to provide plans, maps, surveys and the like,
to ensure proper review and consideration of any proposed amendment to the written
provisions of this chapter or zoning district boundaries.
(D) After the filing of an application, or initiation by the City Council, the
Clerk/Administrator shall set a date for a public hearing. Notice of the hearing shall be
posted and published at least 10 days prior to the date of the hearing, and notice shall be
mailed to each property owner within 350 feet of the proposed zoning district boundary
amendments.
(E) Upon hearing the request, the Planning and Zoning Commission shall
recommend either approval or denial of the proposed amendment and shall state the
reasons of the action.
(F) Within 30 days of the recommendation of the Planning and Zoning Commission,
the City Council shall consider the recommendation of the Planning and Zoning
Commission and shall approve, deny or modify the request to amend this chapter.
~~ 154.351 THROUGH 154.399 RESERVED FOR FUTURE EXPANSION.
~ 154.400 ENFORCEMENT AND VIOLATIONS.
The Zoning Administrator is directed by the City Council to enforce the provisions
of this chapter and maintain all necessary records pertaining to this chapter, including but
not limited to amendments, variances, complaints and violations.
~~ 154.401 THROUGH 154.409 RESERVED FOR FUTURE EXPANSION.
~ 154.410 FEES AND LICENSING.
Fees and licensing .provisions, affecting the administration and enforcement of this
chapter, shall be established by resolution of the City Council. The city does require
payment for its legal, planning and engineering expenses, resulting from the review of
proposed actions in the city. The City Council may require full payment of fees and out-
of-pocket expenses incurred in the review of proposed actions prior to taking final action.
~ 154.999 PENALTY.
Any person who violates or fails to comply with the provisions of this chapter shall
be guilty of a misdemeanor and upon conviction may be punished to the maximum extent
allowed by law. Each day a violation exists constitutes a separate offense.
APPENDIX A
TABLE 1: DISTRICT REGULATIONS LOT AND YARD REQUIREMENTS
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Bldg. Min.
Width Setback Setback Setback Size** Garage
Ground Size
Floor Sq.
Ft.
R-l Rural 10 acres 300 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. N/A
Residential
R-2A Single- 11,500 ft. 80 ft. 35 ft. 25 ft. 10 ft. 900 ft. 440 ft.
Family
Residential
R-2 Single- 15,000 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 440 ft.
Family
Residential
District Regulations
.
Zoning District Min. Area Min. Front Rear Side Min. Bldg. Min.
Width Setback Setback Setback Size.. Garage
Ground Size
Floor Sq.
Ft.
R-4 Single- 7,500 ft. 60 ft. 15 ft. 20 ft. 10 ft. 1,050 ft. 220 ft.
Family
Manufactured
Housing
R-5 Single- 17,500 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,200 ft. 600 ft.
Family
Residential-
Estate
B-1 Commercial 20,000 ft. 150 ft. 30 ft. 30 ft. 20 ft. 1,000 ft. N/A
1-1 Industrial 1 acre 200 ft. 50 ft. 30 ft. 20 ft. 5,000 ft. N/A
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Bldg. Min.
Width Setback Setback Setback Size** Garage
Ground Size
Floor Sq.
Ft.
P-l 20,000 ft. 150 ft. 35 ft. 30 ft. 20 ft. 1,000 ft. N/A
Public/Semi-
Public
M-l Mixed Use 7,500 ft. 50 ft. 0* 0* 0* Res. 1,050 240 ft.
ft. Comm.
1,000 ft.
NOTES:
* Setbacks governed by Building Code.
** Minimum ground floor square footage or a minimum of 1,650 finished square feet, whichever is greater
at the time of building permit issuance.
tervi{{e
1880 :Main Street . Centerviffe,:M!N 55038
T-sta6Cishu{ 1857 CITY OF CENTERVILLE (651) 429-3232 . PaJ((651) 429-8629
COUNTY OF ANOKA, MINNESOTA
RES. #06-022
A RESOLUTION DECLARING ADEQUACY OF PETITION RECEIVING
REPORT ON IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS ON IMPROVEMENT
LET IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE,
MINNESOTA:
. 1. A certain petition.. requesting the improvement of Hunter's Crossing 3rd
Addition, by installation of watermain, sanitary sewer, paving, curb and gutter
and related drainage improvements was filed with the City Council on March
2, 2006, is hereby declared to be signed by 100% of the owners of property
affected thereby. This declaration is made in conformity with Minnesota
Statutes, Section 429.035.
2. A report has been prepared by Mr. Tom Peterson of Bonestroo, Rosene,
Anderlik and Associates with reference to the improvement and such report
indicates that the improvement is feasible at an estimated cost of $601,524.
3. Mr. Tom Peterson of Bonestroo, Rosene, Anderlik and Associates is hereby
designated as the engineer for this improvement. He has prepared plans and
specifications for the making of this improvement. Such plans and
specifications, a copy of which is attached hereto and made a part hereof: are
hereby approved.
4. The City Administrator shall prepare and cause to be inserted in the official
paper and in the Construction Bulletin an advertisement for bids upon the
making of such improvement under such approved plans and specifications. The
advertisement shall be published as required by law, shall specify the work to be
done, shall state that bids will be received by the City Administrator until 10:00
a.m. on April 6, 2006, at which time they will be publicly opened in the Council
Chambers of City Hall by the City Administrator and Engineer, will then be
tabulated, and will be considered by the Council within 30 days of such opening.
Any bidder whose responsibility is questioned during consideration of the bid
will be given the opportunity to address the Council on the issue of
responsibility. No bids will be considered unless sealed and filed with the City
Administrator and accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the clerk for 5% of the amount of such bid.
Adopted by the Council this 8th day of March, 2006.
Mary Capra, Mayor
Attest:
Teresa Bender, City Clerk
~-Z~