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Home My WebLink About2008-06-03 P & Z tervi[[e 'Esta6fisheLf 189 SCANNED HAY 302008 PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, June 1, 2008 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. APPEARANCESIPRESENT A TION(S) PUBLIC HEARING (S) Several Members of Council Will Be Present to Discuss Proposed Revisions to City Code 154. III. IV. OLD BUSINESS V. NEW BUSINESS VI. DISCUSSION ITEMS 1. Code Amendments - Chapter 154 VII. CONSIDERATION OF MINUTES 1. May 6, 2008 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT * * REMINDERS * * Parks & Recreation Committee Meeting - June 2, 2008, 6:30 p.m. Council Chambers City Council Work Session - June 10,2008 - 6:30 p.m. Council Chambers (2009 Street Project) City Council Meeting - June 11, 2008, 6:30 p.m. Council Chambers City Council Meeting - June 25, 2008, 6:30 p.m. Council Chambers City Council Work Session - July 7, 2008, Following the Regularly Scheduled Council Meeting (2009 Budget) CHAPTER 154: ZONING CODE Section General Provisions 154.001 Title; purpose 154.002 Jurisdiction 154.003 Application 154.004 Scope and interpretation 154.005 General interpretation 154.006 Definitions General Regulations 154.015 Lot provisions 154.016 Nonconforming uses and structures 154.017 Home occupations 154.018 Single-family dwelling requirements 154.019 Temporary dwellings and structures 154.020 Public utilities required 154.021 Relocated buildings or structures 154.022 Accessory structures and uses 154.023 Site plan review 154.024 Final grading and landscaping 154.025 Building numbers Districts and Use Regulations 154.035 General provisions 154.036 Rural Residential District (R-1) 154.037 High-Density Single-Family Residential District (R-2A) 154.038 Single-Family Residential District (R-2) 154.039 Single-Family Manufactured Housing District (R-4) 154.040 Single-Family Residential- Estate District (R-5) 154.041 through 154.049 reserved for future expansion .___l?~~?~~p~)~~~?~!~s~rv~~f~~~!u!~~~~ap~~~_________________________________-- 154.060 Commercial District (B-1) 154.061 through 154.069 reserved for future expansion 154.070 Industrial District (1-1) 154.071 through 154.079 reserved for future expansion - Deleted:. 154.050. Mobile Home Pari< District (R-M)\! 154.051. Conditional use permitsll . 154.052 Building permil1\ . 154.053 . Site requirementsll 154.054 Mobile home pari< facilities building1! 154.055 Register of occupantsll 154.056 Supervisionll . 154.057. Revocation ofpermil1l 154.080 Public/Institutional District (P-l) 154.081 through 154.089 reserved for future expansion 154.090 Mixed Use District (M-l) 154.091 through 154.109 reserved for future expansion 154.110 Fences 154.111 through 154.119 reserved for future expansion 154.120 Height 154.121 through 154.129 reserved for future expansion 154.130 y~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: a 154.131 through 154.13 9 reserved for future expansion 154.140 Special provisions related to development or building on lands within 100 feet of Centerville Lake, Peltier Lake or Clearwater Creek 154.141 through 154.149 reserved for future expansion 154.150 Other standards 154.151 through 154.159 reserved for future expansion 154.160 Woodlands preservation 154.161 through 154.169 reserved for future expansion 154.170 Parking requirements 154.171 through 154.179 reserved for future expansion 154.180 Landscaping Planned Unit Developments 154.200 Objectives 154.201 through 154.209 reserved for future expansion 154.210 General requirements 154.211 through 154.219 reserved for future expansion 154.220 Uses permitted 154.221 Relationship ofPUD site to adjacent areas 154.222 Minimum size 154.223 Minimum lot size 154.224 Setback and side yard requirements 154.225 Access to public right-of-way 154.226 Utility requirements 154.227 Open space 154.228 Parking 154.229 Reserved for furore expansion 154.230 Arrangement of commercial uses 154.231 through 154.239 reserved for future expansion 154.240 Arrangement of industrial uses 154.241 through 154.249 reserved for future expansion 154.250 Pre-application meeting; procedure 154.251 Application 154.252 Actions 154.253 PUD agreement 154.254 Final review and approval 2 154.255 Documentation required 154.256 Action on fmal application 154.257 Time limit 154.258 Amendments 154.259 Completion 154.260 Site improvements 154.261 Construction 154.262 Maintenance of common open space 154.263 Homeowners' association Administration 154.300 Performance standards 154.301 through 154.309 reserved for future expansion 154.310 Variances 154.311 through 154.319 reserved for future expansion 154.320 Conditional use permits 154.321 through 154.329 reserved for future expansion 154.330 Interim use permits 154.331 through 154.349 reserved for future expansion 154.350 Amendments 154.351 through 154.399 reserved for future expansion 154.400 Enforcement and violations 154.401 through 154.409 reserved for future expansion 154.410 Fees and licensing 154.999 Penalty ~ross-reJference: 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 set forth separately in Chapter 156. GENERAL PROVISIONS 3 ~ 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-I 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 4 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 INTERPRET A nON. (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 welfare. (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) Accessory Uses. Accessory uses such as off-street loading areas, drainage ponds and other drainage structures, and parking lots are prohibited in any zoning district when the associated principal use is not located in the City Of Centerville. (F) Deadline for 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 Councilor 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. conditional use. interim use or a zoning ordinance amendment requiring a comprehensive plan amendment, each action shall require a separate, independent time line for action. (0) 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, 5 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 ~ 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 ~ 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. ~ 154.006 DEFINITIONS. For the purpose of this chapter, the following defmitions shall apply unless the context clearly indicates or requires a different meaning. Other words not included in this section shall have the meaning defmed in Minnesota Statutes. Other words not so defmed 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 of land 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 6 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 AL TERATION. 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 percent 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 7 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 fmal 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 defmition 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 of the 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. 8 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 confmed 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 defmed 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 of land. 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 one or more families. DWELLING, MULTIPLE. A detached, residential building containing three 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 six months in each year. 9 DWELLING, SINGLE-FAMILY, ATTACHED (group, row and townhouses). One of two 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 one dwelling unit entirely surrounded by open space on the same lot. DWELLING, TWO-FAMILY. A building used exclusively for occupancy by two 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 one 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. FA(: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, two or more persons related by blood, marriage or adoption, or a group of not more than five 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 of a 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 one 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 a building 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. 10 1-------------------- -- 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 comer 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 fmished 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 five feet from the building, between the building and a line five feet from the building. HEIGHT OF BUILDING. The vertical distance from the average elevation of the fmished grade at the front of the building to the highest point of the rooffor 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 ten 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 SURFACE shall include graveled driveways and parking areas. INDUSTRIAL PARK. A planned, coordinated development of a tract of land with two 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. 11 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 five or more domestic animals over six 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) confmed 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 two 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 one 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 three 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. 12 LOT OF RECORD. A lot which is part of a subdivision or plat, an auditor's subdivision or a registered land surveyor 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 two and one-half acres in area and 150 feet in width on January 1, 1966; (4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980; (5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five acres in area or 300 feet in width; (6) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five 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 two or more lots or parcels, anyone 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. 13 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 one 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 defmed 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 two 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 two 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 14 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 defmed 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, defmed by M.S. Chapter 462, as amended, serving six 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 of 50 percent of the structure setback. 15 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 detennined 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 detennined 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 infonnation 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 two opposite exterior walls, are not more than two feet above the floor ofthe 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. 16 SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. SUPPL Y YARDS do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. TOWNHOUSE. Single-family, attached units in structures housing three 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 one mobile home, off-street parking space for two 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 defmed 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,efish houses, pump houses and detached decks. 17 I , I, I, I I I, /1/ I ,1// II (A) No lot of record shall be reduced in size below the district requirements in Table /It/{ Formatted: Font: Times New Roman) Q,n~ ~f ~PP~l1dj~ _~ !~ thi~ ~hap!er: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~,' 1;;1/' II) I l I II . (J) Table One_ sh_all stat~ all setba_ck _th~t are ..specifically set forth..b", a provisi2n i>' / of this Code, otherwise..aU s~tba(;~ _wh}<:l! ~~e_ I1()t ~en~e9 _by_ this ~2d~ .a!e g()"ern~~ PY ->' i/ the Building Code. ;' I I I I' .~ - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - ,- - - - - - - - - - - - - - - - - - - - - - / (2) The minimum size of any residential building shall either be the ..ground floor~ _ _ _ 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 defmition, WETLANDS must have the following three 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 of hydrophytic 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 with of the front lot between the side lot lines and extending from the abutting street right-of-way line to the nearest wall of the building. L _ __ _ _ _ _ _ __ _ _ _ _ _ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ -- 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. 18 Deleted: front property line to the depth wquired in the yard regulations of the district in which the lot is located. On a comer lot, both street frontages shalJ be considered the front. { Deleted: 0 , Formatted: Font: Times New Roman , Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman I I Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Tabs: Not at 0" + 0.3" I + 0.6" + 0.9" + 1.2" + 1.5" + 1.8" + 2.1" + 2.4" + 2.7" + 3" + 3.3" + 3.6" + 3.9" + 4.2" + 4.5" + 4.8" + 5.1" + 5.4" + 5.7" + 6" + 6.3" + 6.6" + 6.9" Formatted: Font: (Default) Times New Roman, 12 pt square footage as stated in Table One. pr a minimum of 1.650 finished square feet for the _ total structure.L\\ll!i<:~eye~ iSJ~rellt~~ ~t th~ !ime 'Y~en the-"building permit is issued~ _ _ _ _ _ _ ~- - - \' \ (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, provided 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 percent 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 8 153.19 ~ 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 percent of the market value, the use or structure may not be replaced or repaired except in conformity with this chapter; (E) A structure that consists of a one-family or two-family dwelling that is a lawful non-conforming use located in a Business District or Industrial District may, upon being damaged to an extent exceeding 50 percent of its fair market value, be repaired to its preexisting condition, provided that the non-conformity does not also include inconsistencies with the regulations of food-plains or shoreland protection. If no building 19 Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times \ New Roman, 12 pt Formatted: Font: Times New Roman penn it to repair the dwelling is issued by the City within six months of the date of the event where damage occurs, then the lawful non-confonning use status shall cease and the land shall be used only in confonnity with the allowed uses in the District. (G) Construction of one detached accessory building, not exceeding 200 square feet will be considered an incidental alteration, and may be pennitted in conjunction with a legal, non-confonning use, provided its purpose is solely for storage and that setback, lot coverage and other requirements of the district are complied with. (H) Construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations, and may be pennitted in conjunction with a legal, non-confonning use, provided lot coverage and other requirements of the district are complied with. (Amended 5-24-06, 7-26-06). ~ 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 one 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) Confonnance 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 percent 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 20 (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 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 of 24 feet at the narrowest point, with the exception of the M-l and M-2J?istrict~; ,,- i Deleted: DistrictandR-M -------- ------------------------------- (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 roofmg material; and (E) All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the walls of the structure. Cross-reference: See parking requirements of this chapter ~ 154.019 TEMPORARY DWELLINGS AND STRUCTURES. (A) The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the city, except as approved by the City Council under special circumstances. 21 (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 one 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. ~ 154.020 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. ~ 154.021 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 22 (4) The building or structure meets all other requirements of this chapter and any other city ordinances. ~ 154.022 ACCESSORY STRUCTURES AND USES. W 4c:c:e~~ory _SJru~~ur~~-fi~~icJ'!YltialJ}s_e~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - { Deleted: I a.t ~ 0_ !Dpr~ !h:a.~ t\\T~ ~~~e~~~ry _b..uil~!r!gs _ a!~ F~!1!l~t!e~ _ 011~ lU!y ~ing!e__ fa.ll!i!y, _ _ _ - { Deleted: A detached dwelling parcel located in any district except R-l. Combined aggregate square footage for accessory structures shall not exceed 200 square feet or 2% of the lot area, whichever is greater. (2.t InJ10_ ~':'.ep! !l!ay_ t!t~ _C~111binJ.~d_ ~q~~~ fo_o~ge_ 0.( a.c~~ss9~ ~\liNi!tg~ ~:lS~e~<i _ _ _ - { Deleted: B the square footage of the main level of the principal structure, except in the R-1 District. (J"t ~9 _a.c~tlss9~ ~tI"\l~tIl1"e_ Ill~Y _b_e_ ~~n~~<.:t~<i _op_ ~ F~~c_e! ~i!h_o..u! ~J~r!r!cjl'a.l_ _ _ - { Deleted: C structure. (1.'t ~9 _a~<.:~s~9ry_ ~1!t!cJtrr~ _ s_h~!l_~e_ tlr~<.:t~<i _O! )9~a.t~<! ~ithP:t ~y !tlql!~eAY~<i _ _ _ - { Deleted: D other than the rear yard. C~"t~<.:~e~~o.ry _s!fu~~tls_ Ill..u~tJla.':'.e _ a. ~ll1i!l!l!lll_Of _a_ ~-f(}ot Jl1!e!i~! ~~d_e _ s_e!~a~!<- _ _ _ - { Deleted: E and a 10foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back a minimum of 20 feet from the street property line. No structure may be placed in an easement except bridges by written permit approved by the City Council. (g,t 10_ <.:l!s~ _ a.n_ ~~c_e~~o_ry _s!ru~~~ i~ ~~~h_e<i _ t~ _ J:!1~ }11l!1l1_ ~l!ndP:tg, _ i! _sl:tl!l! ~~ _ _ - - { Deleted: F made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. (7"t An_ ~~c5l~~ol1' _~uj~dil!g, _ \lnJ~ss_ ~t!l!c!t~<i _ t~ _a.I!<! !l!a.d5l_a. y-ar( 9f _tJ:1tl _1lll!1l1_ _ _ - { Deleted: G building, shall not be closer than 6 feet to the main building, except as otherwise provided in this section. Q\.t 1'1l~ !o!aJ_ar~l! 9f ~Il ~~~lle~_ a.c~~ss~~ l:n:,i!<!ll1gJgl!f~gtl)_ ~h_a!l_~e_l!o. gt"e_a!e! _ _ - - { Deleted: H than 1,500 square feet per level, but in no event may the garage space exceed the square footage of the main floor of the dwelling. C2.t ~\VilJ!Illil!gp(}~I~ !l!aYtlxc~l::<! !lle_ ~~~ !~quir~!1l_e!l!s_ fOE _a~~~s~()ry structures, _ _ - { Deleted: I but shall not exceed 50% of the rear yard. 23 nil,) _1l!e_ ~i~~ _~~lls _ ~( an_ ll~c_e~soJ)' P!lMinK ~ha!l_ I!~t _ e]'~~~<! 1 Q f~~t _ iIl_ ~eight _ _ _ - -{ Deleted: J and the overall height of the structure shall not exceed fifteen feet, except to match the roof slope of the principal structure. This provision shall not apply to farm buildings located in a R-l district. (ll.;t Ar1J~r~~ !T~!ns~~,_ ~a)<:~I!ifls, _b!~~z_e~_ay~,_ ~:Qe!l_ p~r~l1~s-, Ae~c!t~~ _o~!<!~or _ _ _ - -( Deleted: K living rooms, and heating equipment may be placed in a rear yard if it is at least fifteen feet from the rear lot line and five feet from a side lot line, but may not be closer to a side street property line than the principal structure. C12,) _ ~~i~e! _b_uil~!r!KS _ 'Yitl1 !l!~ill~ t:.o.<>f~ llI!<! ~~~eti~~ yval1~ _ap.~ _ ~o.Y~l"iIlg _a_ t_o~l_ _ _ - -{ Deleted: L (exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential or mixed use districts. Pole-type buildings and rigid frame structures with membrane roof or sides, are also prohibited all zoning districts. cu.t ~:uil~inz~ _ ~~c~~<!iIlg_ !~~ _sg:Ullr~ _ fe_e! _s!t!l!I_1J~ _a!l~I1~r~~ _ ~o_ !l_ <:~I!C!flt~ _ _ _ - -{ Deleted: M floating slab foundation. (J1) _1I1e_ fl~t~t:.i()t:. <:()l~~ !ll1~ _d~~iS11_of_ a!l_llc_c~~s,<>!y ~tI1I<:i!U:e_ ~~aR 1J~ ~in!i!!!r _ t() _ _ - - -{ Deleted: N the principal structure. (m jcces~()ry _StrUC~U!(!s, _ Yl()1'I-!(!sjc1f!.'!t~aJ _ 1}se!__ _111~ _ (oll()~iI!g _ ~illI!<!a!<!~ _ sP!l!I_ _ _ - -{ Deleted: 2 - --- - -- - regulate the construction and maintenance of non-residential accessory structures: u..t AI! !l<:<:e_s~()ry_ ~~c!t!r~~ _sl111l! _b~ _ ~upj~c~ _t() _t11~ _s!llll_e _ ~e~~~c!<-~ !t~ig!t! _a!l~ _ _ - - -{ Deleted: A exterior fmish regulations as a principal structure for the district in which it is located. (Ord. 91, passed 3-8-2006, Amended 5-11-06. Amended ##-##-2008) ~ 154.023 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 Planning and Zoning Commission. Application materials must be submitted at least five business days before the Planning and Zoning Commission meeting to be considered at that meeting. If staff detennines that the application is complete. it will be placed on the agenda. (1) Boundary survey of parcel including identification of all monuments; - Deleted: 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. ~ 'f_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - (B) Submittal requirements. (2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; (3) Scaled identification of all setback dimensions from property lines; 24 (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 shore land, 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 thre'i._s~ts _oL _ _ - -{ Deleted: 16 site plans with a required application form and appropriate fees to the Administrator for distribution. The City mav also require that plans be submitted in an acceptable electronic fonnat. 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 ofthe 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. 25 (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. (Amended ##-##-2008) ~ 154.024 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 [mished 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 and shall include a final layer of no less than four to six inches of topsoil.. Extensions may be granted at the Building Official's discretion. ~ 154.025 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 six 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. 26 (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 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: (I) 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: (I) R-I Rural Residential; (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; 27 I '- - - - - - (~~ }f 1 ~(O:n1t!t~~c}~I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~:~~c;;,[ (6) RoM Mobil Home - - Deleted: 7 (Zt ]-1_ I.!ld\l~~i?! .p~r!<:; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ { Deleted: 8 (~t J>~! .P\l~li~/!1!s!i!\!t!~na!~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ = - (2)_~~_~~~~V~~~~~_______________________________________~--- (10) M-2 Mixed Use Neighborhood District. \-,' , ~- ~ 154.036 RURAL RESIDENTIAL DISTRICT (R-l). (A) Purpose. The purpose of the R-I 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 one home per ten 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 one horse or livestock animal per acre or three 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. 28 Deleted: 9 Deleted: and Deleted: 10 Deleted: . Deleted: , Formatted: Justified, Tabs: 0.77", Right + Not at 0.6" ~ 154.037 HIGH-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 four dwelling units per building; (3) Accessory uses; (4) Public parks and recreation uses; (5) Daycare facility; (6) Residential facility; and (7) Home occupations. (B) Conditiona~llse~._ _ _ _ _ _ _ _ _ _ (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 two units; 29 _ _ - -{ Deleted: (3) Accessory uses; (4) Public parks and recreation facilities; (5) Daycare facility; (6) Residential facility; and (7) Home occupations. ~ 154.039 SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4). (A) Purpose. It is intended that the R-4 District provide for high-density single- family, .d~taS:l1(lc! I'e~~d_e!lti~l_ oJlJl5>~~t~e~ _ill ~e_a~ ~h_e!~ Pll~l!c_llt!l!tie~ _3!~ ~"ai~a}*_ ~C! _ _ _ - -( Deleted: attached 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; ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _/ / Deleted: (2) _ Single-family attached dwellings with four units or less; / { Deleted: 3 (6.t Ac_c~~s_o!)' y~e_si _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / / / / { Deleted: 4 / / {Deleted: 5 / / (]) Manufactured homes shall not be parked on any public street or on any tract.., of land except as provided in this section. Emergency or temporary stopping or parking , is pennitted on a public street for not longer than three hours subiect to any other and further prohibitions. regulations or limitations imposed by the traffic and parking , , , , Deleted: 6 Deleted: 7 1 Deleted: _ No person shall erect, i establish, extend or enlarge a manufactured housing developmentwithin 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: ~ ~ (I) _ 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_ Formatted: Don't keep lines together, Tabs: 0.3", Left + 0.6", Left + Not at 0.52" + 0.65" O..t yu!>~ic: P~rk~ ~!l~ !~c:r~~t!~~ fa~!l!*~i _ _ _ _ _ _ _ _ _ _ / ________________--.1 / I I (it .Rays:~r_e J!lc:i!i!y; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ /1 I 1 ()..t Jt.e~~d.e!lti~l_ f!lc:i!iD';_an~ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J/ / i I I I (~..t JIOIl1~ ~c.up~ti()l1s.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ i , I (C) Special requirements. Manufactured homes are permitted in all residential " districts if 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 I manufactured housing in subdivided developments, in safe, attractive residential i neighborhoods with all urban services and desired amenities as other residential areas._ _ _ .)' 30 regulations or ordinances for that public street" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ ,_ - { Deleted: 11 (2) No more than one manufactured home made be located on any single parcel of land. (3) The manufactured home bottom shall be enclosed with a commercially produced fireproof material of the same color, material and configuration as the manufactured home itself. The enclosure shall cover from the frame or bottom of the chassis of the manufactured home to the concrete pad or ground. (D) Planned Unit Develomnent Required. No person shall erect establish, extend or enlarge a manufactured housing development park. or cooperative within the limits of the city without first obtaining approval as a planned unit development 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 all manufactured homes must be individually served by public utilities as required for all new residential dwellings. ~ 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. 31 ~::~~:8 ::::::::~:::~:~.VTV~ w~mo~... . .. .. . .... \.\\ (A) Purpose. It is intended that the B-1 District provide opportunities for retail and I \ service business uses which require larger development sites, highway visibility or ! highway access. \ ,\ ,\ ,\ ,\ ,\ ,\ ,\ ,\ ,\ ,\ .\ '1\ I! " \ ~I " (III " Iii " \Ii " ~ ,',' " .. (3). Location of sites or units for ,',' mobile homes;~ " ~ ,',' , , (4) Location and number of sanilaty 111\ conveniences;, " ~ 11[1 , , . (5). Proposed disposition of surface ,',' drainage;~ II cr ,',' 1\ ,,' (6) Proposed street surfacing and I,' ligbting;~ 11\11 , ,', .. (7) . Off-street parlcing;~ ,',1fT ~ , II I ... III ': Comment: Stonn shelters governed by " Minn. Stal Sec. 327.205 , I Comment: ManuJilctured Home Parl<s , must be licensed by 1he Minn Dept of : Health, Minn. Stat. Sec. 327.16. This , includes construction and sanitation standards. I I I I I T_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ (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. chapter. Off-street parking shall be provided as required in this (D) Buffir 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 ten 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. conditional use. or interim pse permit, the applicant shall -- --------- --------1 comply with the following conditions: (I) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one 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 ten percent 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 32 Deleted: fi 154.050 MOBILE HOME PARK DISTRICT (R-M).~ ~ . (A) . Mobile homes shall not be parl<ed on any public street or on any tract of land except as provided in this section.~ ~ (B) Emergency or temporwy stopping or parking is pennitted on a public street fur not longer 1han three hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that public street. ~ Deleted: ~ fi 154.051 CONDITIONAL USE PERMIT.~ ~ . (A) . Application for a conditional use pennit to establish. construct and maintain a mobile home park under the provisions of this chapter shall be made to 1he City Counci1.~ ~ . (B). The application for a pennit shall be accompanied by four copies of the mobile home park plan showing the following, either existing or proposed:~ ~ . (I) . The extent and area proposed for mobile home park pwposes;~ ~ . (2) . Roads and driveways;~ , , , , , , , , , , , , , , , , , , , , , , , , Deleted: . (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 parl< site and shall be constrncted in , accordance with the laws of1he state. the , recommendations of the State " Department of Health and 1he ordi[ ." f21 Deleted: special 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. The height of an accessory structure shall not exceed the height of 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 ftre escapes, sidewalks and fences, except as hereinafter amended. (I) 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; 33 (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, fmished 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 fmdings 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 34 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 C hapte{ 1}_4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~ 154.061 THROUGH 154.069 RESERVED FOR FUTURE EXPANSION. ~ 154.070 INDUSTRIAL DISTRICT (1-1). (A) Purpose. It is intended that the I-I 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 six 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 35 - Comment: 152 _ _ Shouldn't this read 154, not 1521 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. conditional use. interim use 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 one 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 one and one-half 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 often percent 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. (J) 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 requITe a reVIew by the City Engineer. (K) Refuse. 36 (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 and/or 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. 37 (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 ~~ 154.071 THROUGH 154.079 RESERVED FOR FUTURE EXPANSION. ~ 154.080 PUBLICIINSTITUTIONAL DISTRICT (P-l). (A) Purpose. It is intended that the P-I 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. 38 ~~ 154.081 THROUGH 154.089 RESERVED FOR FUTURE EXPANSION. 154.090 MIXED USE DISTRICT (M-I). (A) Purpose. It is intended that the M-l District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 (the "Redevelopment Plan"), and provide for the unique layout and character of a traditional central business district with retail, professional office, accessory 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, business, and health care offices; (4) Residences above the frrst floor; (5) Theaters and recreational businesses conducted within structures; and (6) Public parks and buildings. (C) Special requirements. The following special requirements are intended to implement the Redevelopment Plan, which is incorporated herein by reference. (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. These nonconforming uses may be repaired and maintained and are allowed minor improvements that do not expand the use. (2) In making 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 integrity of the M-l District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (Amended 5/10/06) 39 (I) All fences shall be located.p minimum of two feet from al!Y property line oJ_ _ _ - {Deleted: entirely upon the property 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. ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ - - (3) In making 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 integrity of the M-2 District, adjacent M-I District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (4) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (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 Redevelopment Plan. The city will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. (6) Stormwater management will be accomplished through regional stormwater facilities. Construction of the stormwater facilities may be accomplished through coordinated private improvements and public improvements, and maintenance of the stormwater facilities may be accomplished through district-wide assessments and user fees. Individual stormwater improvements that are not part of the planned regional stormwater management facilities are not permitted in the M-2 District. (Enacted 5/1 0/06) ~~ 154.092 THROUGH 154.109 RESERVED FOR FUTURE EXPANSION. ~ 154.110 FENCES. (A) General regulations. (2) Fences shall be located a minimum of two feet from a property line-, adioining a street right of way and may not be located in any drainage or utility easement ' except where permission has been granted by the City through an encroachment agreement. (3) No fence other than a decorative fence may be constructed in a front yare\, _ _ _- As used herein, the term DECORATIVE FENCE means a wrought iron fence. wood Q[ vinyl vertical post and wood or vinyl horizontal rail fence with no more than three rails or a wood or vinyl picket type fence with at least two inches of open space between each picket. All decorate fences shall have at least 40% of the surface area of the fence open. 40 Deleted: If the adjoining property owner does not agree to the erection of the fence. the fence shall be set back a minimum of two feet from all lot lines. Formatted: Justified Deleted: along the side lot lines of a residential lot between the street and the front extension of the dwelling house <.42 ~o_ t:e~!~e!lti~l_ fe!l~(l !TI:ay_ (l,,-c~~4 ~ix_ fe~t ~ l1(ligiJt lU!~ Il~ .d~<:~r~tiY(l f(lI!C~ _ _ - - in the front yard may exceed 36 inches in height _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - a. Where a comer lot abuts an adiacent property's front yard, the fenc~, shall be set back a minimum of 10 feet from the adioining property '~~ line, unless the fence is a decorative fence not exceeding three feet in \ height. b. Residential corner lots shall only have one front yard for the purpose of fences and that shall be the side that has the front entrance to the home. c. In no event shall any fence be closer than fifteen feet to a curb or street pavement. L - - - - - ~- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1 Deleted: - ~2 Al~ _ feJ1~~~ _ ~~aJl_ _ ~~ _ <:~I!S~~te~ _ _ ap~ _ }lllli!ltaJIl~d_ _ in_ _ ~ _ ~l!~s!aJ1!i~b _ - - - Deleted: ~ workmanlike manner and of material reasonably suited for the purpose for which the - - - Deleted: 3 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 NovemberJ._t~ i\l'!!l_ _ _ - { Deleted: one 1 in R-] Districts. No permit shall be required for snow stop fencing", _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: temporary fencing Deleted: 2 Deleted:. Fencing in commercial/industrial zoning shall not exceed eight reet in height. _ Formatted: Justified Formatted: Bullets and Numbering (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-l District and then may only be used in coniunct with agricultural activities. (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 permanent private swimming pool with a water depth exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence not less than four feet in height with self-closing door and self-closing latch.~ swimming pool shalI be considered permanent if it has a water supply, a drain connection or electrical connection where any of these require an electrical. mechanical. plumbing or building permit under the Minnesota Building Code. (F) Fencing in commercial/industrial zoning districts shall not exceed eight feet in height. Fences, except decorative fences not exceeding three feet in height. shall not be placed in a front yard of an industrial or commercial lot. (Ord. 80, passed 5-] 1-2005, amended ########) ~~ 154.111 THROUGH 154.119 RESERVED FOR FUTURE EXPANSION. 41 ~ 154.120 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. ~~ 154.121 THROUGH 154.129 RESERVED FOR FUTURE EXPANSION. ~ 154.130 YARDS. (A) General requirements. The minimum depths of front yard, rear yard and side yard for each district shall be as dermed in the schedule of regulations and conform to the following additional regulations: (I) 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 one street shall provide the required front yards along each street for the principal structure an<!. f~r any_ acc~~sory building. _ ~isI~ _ _ _ - i Formatted: Font color: Red 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 lilil.J~tltJr~~_ th~ _ _ _ - i Deleted: 75 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: 42 ( 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) Computing front 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 two feet, six inches; (2) A covered or uncovered landing place, steps, or stoop may extend into the required front yard to a distance not exceeding six feet, if its floor is no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around the structure. Such permitted encroachment shall not be enclosed with walls, screens, windows, etc. but must be completely open and if covered, the cover may be cantilevered or supported with columns and must be constructed in similar quality and appearance as the building and may not be constructed with metal roofs or metal columns; (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 three 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 four 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 of 2-1/2 and ten 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 of more than one principal structure on lot. In any district, more than one 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 two 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 43 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. (Amended 6-14-07) ~~ 154.131 THROUGH 154.139 RESERVED FOR FUTURE EXPANSION. ~ 154.140 SPECIAL PROVISIONS RELATED TO DEVELOPMENT OR BUILDING ON LANDS WITHIN 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 lllil.f~~tJr(}l!l_tl1~ ()~<!it1~ry Jl~i~ ~_a!~r )~,!,el_ _ - -1 Deleted: 75 for lands adjoining a lake; (2) Minimum lot size shall be 15,000, 100 feet in width and set back at least 100.[e~! fT()lll_ th~ _O!<!i!111ry_ ~igl1 ~a~~r)~yerJ()~ 91~li!\Vll!e! ~!~ek; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -1 Deleted: 50 (3) Each building must be connected to the city water and sanitary sewer systems; (4) Watercraft docking facilities shall be placed a illinium of 10 feet from a side lot line. except that such 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; 44 (3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shore lands 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: 45 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 percent 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 of trees 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 1 00. ~e~! Q~ ~ !a.!<~ _a!l~ ~i!h}Il } 9Q.f(l~t _of 9(l~_a!e! _Cr~(l~;_an~ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ - -{ Deleted: 75 - - - -( Deleted: 50 (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; 46 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; an( _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ 47 , Comment: What goes after this conjunction? Is there supposed to be a paragraph Number 3? ~~ 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. one on that chart may be emitted, except that smoke not darker or more opaque than No. three on the chart may be emitted for a period not longer than four 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 1 (Industrial Hygiene Standards - Maximum Allowable Concentration for 8-hour day, five 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. 48 (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 dwelling~ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _.._ (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 two 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 of 35 feet: 1. Boat; 2. Camper; 49 _ _ - {Deleted: in the M-IDistrict 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 (t) 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. .P~Il~l!y",~~~ ~ )?~J~9 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- ~~ 154.151 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 THROUGH 154.169 RESERVED FOR FUTURE EXPANSION. ~ 154.170 PARKING REQUIREMENTS. (A) Requirements in general. The following table illustrates the minimum number 50 Deleted: 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 befure 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. ~ of parking spaces required for various uses permitted in the city. The city may modify minimum parking requirements in the M-1 and M-2 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 Restaurants 113 seats Offices 5/1,000 sq. ft. gross floor space 51 Uses Minimum Parking Required 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 Manufacturing 3/1,000 sq. ft. gross floor area Other industrial 3/1 ,000 sq. ft. gross floor area Car washes 5/stacking per bay 52 Uses Minimum Parking Required Drive-up restaurants 5 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 one space, any fraction of one-half or less shall be disregarded and any other fraction shall be construed as one. (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 53 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 five or more automobiles. Parking areas consisting of five or more off-street parking spaces shall have individual spaces so marked by pavement striping. the perimeter of lot shall be surrounded by curbing. 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. !:l154.171 TREE PLANTING Required trees should be planted in the front yard a minimum of 15 feet from the curb line and shall not be planted in a manner that interferes with any current or planned utilitv line. Trees may not be planted under a power line except those approved bv the City for such. I ~~ 154.17~JJ!~9JIG!I_l~4.E~~KS}:1!Y~~f9RfY_Tl.J~~_F:~rAN"~I_Q~'- _ _ _ _ _ _ _ _ - - { Deleted: 1 ~ 154.180 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: 54 District Overstory Trees Foundation Plantings4 R-l 2 trees/unit/street frontagel None J Deleted: and ] I I I I I I 2 trees/unit/open space exposure2 None I R-2, R-4-,<-~-.5 _ _ _ _ _ I --------------~------------ --------------------- I R-2A 8 trees plus two trees/unif None B-1 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area M-L M-2 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area 1-1 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area P-l 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area 55 District Overstory Trees Foundation Plantings4 NOTES: I Trees shall be deciduous and planted at the boulevard, except on culs-de-sac where one of the required trees may be planted off the boulevard but in the front yard area. 1_ _ _ _ _ _ _ _ _ _ _ ~ _ - ~.ment: (Dallas wanted no trees in 2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevar :"n:::::"~i~~;~::::~~ feet 3 Tree spacing must include trees at the boulevard at minimum 50-foot intervals. COW1terto Dallas' suggestion. Should 4 The calculation for the number of foundation plantings is based upon one planting for each lin P&Zdecidethisissue? 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 of eight trees or one 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 one-half 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 II3 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 percent 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 eight overstory trees or foundation plantings are required, at least three varieties of boulevard trees are 56 required on each side of the block. (7) Warranty. All required landscape materials shall be warranted for growth for a minimum of two years after planting. ~ _ _ _ _ _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - i ~eletecl: 11 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 and, 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 namral feamres, trees and other vegetation, and prevents the disruption of namral 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 PUD only if it fmds 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 57 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 one 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 fmal 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 (1) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. ~~ 154.211 THROUGH 154.219 RESERVED FOR FUTURE EXPANSION. ~ 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 ten percent of the tract to commercial uses. 58 ~ 154.221 RELA TIONSIDP OF PUD SITE TO ADJACENT AREAS. The design of a PUD 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 PUD on adjacent properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD. ~ 154.222 SIZE. A PUD 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 PUD 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 PUD shall be connected to, at least one 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 ofthis subchapter and the character of the proposed PUD. ~ 154.227 OPEN SPACE. 59 A minimum of 20 percent 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 pun 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 pun 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 pun 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. 60 ~~ 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 and 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 one 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 one 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; 61 (f) 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 of the 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 62 1- 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 fmal 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, Administrator and the applicant within 30 days of the City Council approval of the PUD application and fmal 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 fmal development plan shall be filed by the applicant with the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan was given by the Council. If application for fmal 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 DOCUMENTATIONREQUIRED. The fmal application shall be accompanied by the following supporting documentation: (A) A fmal 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; 63 (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 fmal 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 fmal development plan shall be in general conformance with the preliminary development plan as approved. (B) (1) Criteria for approval. The fmdings necessary for approval of both the preliminary and fmal 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 64 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 zoning 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 PUD. (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 fmal 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) Final approval. The City Council shall review and approve the fmal development plan if it is in substantial compliance with preliminary development plan. Following this, the applicant shall record the fmal development plan in the manner provided for recording subdivision plats. If the fmal 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 PUD agreement. ~ 154.257 TIME LIMIT. If work on the PUD is not started within the time limits prescribed in the PUD 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 fmal plan when they are shown to be 65 required by changes in conditions that have occurred since the fmal 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. ~ 154.259 COMPLETION. (A) Completion of the PUD shall be certified by the Planning and Zoning Commission on the fmal 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 fmal plan and do not increase the cube of any building or structure by more than lO%; 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 fmal development plan may be authorized only by amendment to the fmal development. ~ 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. ~ 154.261 CONSTRUCTION. The construction and provisions of all the common open spaces and public and recreational facilities which are shown on the fmal development plan must proceed at the same phase as the construction of dwelling units. At least once every six months following the approval of the fmal 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 fmd that the rate of 66 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 fmal 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 fmal 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 or cooperative 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; (0) 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 67 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 fmds appropriate to determine compliance with these standards. ~~ 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION. ~ 154.310 V ARIANCES.l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ __ _ _ _ _ -- (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 Acijustments. 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. 68 Comment: This section needs significant change. Recel1tC!lurt rulings have disallowed our City's use of Conditional Use PermitS 101" limited periods of time . Judicial iriterpretation is that all conditional uses, by law, must run with 1he land until1he condition no longer exists. Therefure 1he City must adopt a new "lnterium" Use standard for limited periods or limited purposes. This needs full attention by 1he P&Z. P.S. KG needs a copy of the City's Variance / CUP applicatiol1. (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 ten 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 invalidate 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 fmd 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) 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 (e) Granting of the variance will not allow a use which is otherwise not a 69 permitted use in the zoning district in question. (6) A variance granted but not used shall become void one year after its effective date. (7) No application for the same or essentially the same variance shall be made within six 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 70 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 ten 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 fmdings 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 fmds 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 from the date of its approval by the Council, 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 only sC\.1()Il8 ~~ _a!l_ ~(th~ _ _ _ - { Deleted: as 71 conditions granted by the Council ,Ill"tl_o!>~erytld. The Permit is immediately yoid when a _ _ - -{ Deleted: agreed upon condition is no long.er observed and may only be renewed after a new application for a Conditional Use Permit has been granted as set forth in this section. The Permit shall run with the land so long as the conditions are observed. Failure of the City to discover the violation of a condition. or failure by the City to act upon a violation of a condition does not constitute a renewal of the Conditional Use Pennit or a waiver of the City's right to take enforcement action. ~~--------------------------~---~----------------------~--------- ~~ 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. Interim uses may be permitted within the zoning districts of ,', the city subiect to the provisions of this section.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~,',/ , , L_______________________________________________________________ L - - (Bf AuthoritY. - The -Coun-cif may.- cifter- review. -hearing-and -report -b-v- the - PI~1I1ning ~, Commission, grant a Interim Use Permit authorizing the development of a interim use ", upon a showin~ 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 interim use. " I I I I I I I I I I I I I I I I I I I I I I I I I (C) Standards and conditions (or interim uses. (I) A Interim Use Pennit may be granted for the following uses only: (a) Anv use specificallv listed as a Conditional Use or Interim Use in the regulations applicable to the district in which it is to be located or otherwise stated in this Chapter as a conditional use or interim 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 use as an interim use; and (c) A use which is limited in scope or duration. (2) A Interim Use Permit shall be granted on Iv 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 72 - Delet:ed:, but nothing in this Chapter shall prevent the city from enacting or amending official controls to change the status of conditional uses. ~ ~ Deleted: ~ Delet:ed: . (B). Application, public hearing and procedure. The application, public hearing, notice and procedure requirements fur 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; o~ . . ~ (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 furth in this chapter and other applicable city ordinances. The interim use must comply with the specific standards for the use I identified in this chapter and must I comply with all conditions of approval, I I which shall be included in an interim use " permit agreement. ~ Delet:ed: . (E) . Conditions. The city may attach conditions to approval of a permit to ntitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, aud to achieve the goals aud ohjectives of the comprehensive plau.~ 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 adiacent property. the character of the neig.hborhood. traffic conditions. utilitv facilities and other matters affecting the public health. safetv and general welfare: ( c) That the proposed building or use will be designed. arranged and operated so as to permit the development and use of neighboring propertv in accordance with the applicable district regulations: and (d) That the scope or duration of the proposed use is of a limited nature which would not otherwise run with the land: (e) That the scope or duration of the proposed use is subiect to clearly defined and stated limitations. (3) The citv 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 obiectives of the comprehensive plan. (D) Procedure. (l) An application for a Interim Use Pennit 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 ten 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 interim use. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation. In considering interim 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 interim use or refer the matter back to the Planning Commission for further consideration. The Council shall not grant a interim use unless it 73 finds that the standards of this Section have been satisfied. Anv proposed interim use which fails to receive the approval of the maiority 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) An Interim Use Permit shall be valid for a period of one year from the date of its approval by the Council. 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) 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. (D) Termination. All Interim Use Permits shall tenninate 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. (E) Rif!ht of Enforcement. All Interim Use Permits are immediately void when a condition is no longer observed or a condition has expired. The Permit may only be renewed after a new application for an Interim Use Permit has been granted as set forth in this section. The Permit shall not run with the land. Failure of the City to discover the violation of a condition. or failure by the City to act upon a violation of a condition does not constitute a renewal of the Interim Use Permit or a waiver of the City's right to take enforcement action. ~~ 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 Councilor 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, 74 1- 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 Administrator shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten 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 fmal 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. 75 APPENDIX A TABLE 1: DISTRICT REGULATIONS LOT AND YARD REQUIREMENTS District Regulations Zoning District Min. Area Min. Front Rear Side Min. Min. Width Setback Setback Setback Bldg. Siz~ {r( Deleted: .. ] 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- ll,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::' 76 District Regulations Zoning District Min. Area Min. Front Rear Side Width Setback Setback Setback Min. Min. Bldg. Siz~ . .G( Deleted: .. Ground Size Floor Sq. Ft. Deleted: 6 I I Deleted: 1 I, I, Deleted: 0 II; " R-4 Single- 17,500 ft. J..QO ft. _ _ _.l~ ft._ - - _ _ ?~ft~ - - 10 ft. _1 ~O~Q ft.:/ 220 ft. Family -~----- Manufactured Housing:' R-5 Single- 17,500 ft. 1 00 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 77 District Regulations Zoning District Min. Area Min. Front Rear Side Min. Min. Width Setback Setback Setback Bldg. Size.- Deleted: .. Ground Size Floor Sq. Ft. P-l 20,000 ft. 150 ft. 35 ft. 30 ft. 20 ft. 1,000 ft. N/A PubliclSemi- Public I Deleted: 7,500 ~ I Deleted: 50 ft. I, '/ Deleted: 1[ ~::{~--- Specifications to be determined as a Planned Unit Develonment. Setbacks arfU'bver 0*1[ DY 1tre-Buitdirrg-eocte; - = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = jt 0*1[ Mixed Uset _ _ _ 0*1[ ---------------------------------------------------~ Res. 1,050 ft. Comm. 1,000 ft.1[ '~' , 1\ Deleted: 240 ft. \1\, II \ "- II I Formatted: Font: Bold, Italic II I II Comment: Insert M-2 requirements I II here. Shou1dn~ Ibis be decided by the NOTES: II P&Z? II I Formatted: Left ...~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - ~ I *. _ _ Tl1e_ J!l.injl11!l111 size of any residential building shall either be the gr~und Jl_oo~ ~<tu~eJ()~~ge,~ Formatted Table this Table, or a minimum of 1,650 finished square feet for the total structure, whichever is greater at tl1~ Deleted: * Setbacks governed by of building permit issuance. I~" I Building Code. \ ' I Deleted: * \ Deleted: M 78 Page 32: [1] Deleted KUrt Glaser 11/30/2007 10:04 AM ~ 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 four 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 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 BUILDING 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 four 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 REQUIREMENTS. (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 five 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 four inches minimum thickness or approved equal. (0) At least one deep-rooted shade tree (minimum diameter two 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. (I) Each unit shall abut on and have access to a street. This street shall be constructed ofa minimum of 1-1/2 inches of bituminous surface material on a suitable base of at least a 4-inch thickness. (J) 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 five 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 one mobile home on any single unit shall not be permitted. Page 32: [2] Deleted Kurt Glaser 11/30/2007 10:05 AM (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. (8) All utility lines within the mobile home park shall be buried. (T) A minimum of 15 percent 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. (D) 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 ten feet by ten 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 one space for each three 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 eight 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 one 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 three 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 subj ect. (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 ten days' written notice specifying the time and place of the hearing and a listing of alleged violations. (Ord. 25, passed 10-13-1976) CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION May 6, 2008 Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly scheduled meeting on May 6, 2008, at 6:35 p.m. PRESENT: Vice Chair D. Love Commissioner Darrin Mosher Commissioner Mark Pangell Commissioner Roland Parucci D 0 ABSENT: Chair Brian Hanson Commissioner Thomas Wood COUNCIL: Council Member Broussard-Vickers STAFF: City Administrator Dallas Larson I. CALL TO ORDER Vice Chair Love called the meeting to order at 6:35 p.m. 1. Roll Call II. APPEARANCES/PRESENTATION(S) None III. PUBLIC HEARING(S) None IV. OLD BUSINESS None V. NEW BUSINESS None VI. DISCUSSION ITEMS: 1. Code Amendments 1------- City of Centerville Planning and Zoning Commission May 6, 2008 City Administrator Larson stated that it would be best if Council meets to discuss this again before scheduling the Public Hearing. When he received it from the City Attorney, there were a couple things missing. He added that, with all that the Council has going on, they may not be able to review it until their second meeting in June. He does not believe there would be any earth-shattering problems if it took another month or two. Council Member Broussard-Vickers questioned whether there is anyone waiting on the amendments. City Administrator Larson replied that he was not aware of anyone. Vice Chair Love inquired whether they were anticipating any issues with pools, as this would bring the amendments into July. City Administrator Larson replied that borderline pools would not achieve much; however, they would require permits under the new rule. Council Member Broussard Vickers questioned whether the district numbers would have to be redone when the new Comp Plan is completed. City Administrator Larson replied that staff would research this. Council Member Broussard-Vickers questioned if this could be done ahead of time, so an amendment would not be required later. City Administrator Larson stated that he could send it to the planner. He added that they expected to have to make changes. In the Compo Plan, it states that high density is more than 12. Vice Chair Love inquired as to when the attorney would have the time lines. City Administrator Larson answered that he has not had a chance to talk to him and stated that those things should be in there. He explained that it may be easier to amend Chapter 154. Vice Chair Love stated that he would feel more comfortable knowing the changes are all there. Commissioner Fehrenbacher stated that he believed the members are over-thinking. He inquired whether there are more wetlands and ponds 24" or more deep than there are pools. He then asked how many wetlands are required to have a fence around them. He stated that every situation could not be addressed. Vice Chair Love questioned whether the comer lots were discussed. Page 2 of 4 City of Centerville Planning and Zoning Commission May 6, 2008 Commissioner Fehrenbacher replied that they were not discussed. He added that the Planning & Zoning Commission would have an opportunity to address this at the Public Hearing. Vice Chair Love stated that he would feel comfortable pushing this to the second meeting in June. Council Member Broussard-Vickers commented that the verbiage would need to be correct when it is scheduled and posted. She added that, if no one comes forward, there would be no problem waiting until August. She believes that it would take two main meetings. Vice Chair Love stated that they would play it by ear. Council Member Broussard-Vickers questioned whether the printers they approved across the street from the Day Care went away. City Administrator Larson replied that they had, because the soil issue would cost $90,000. The numbers were too high to get resolved. Commissioner Fehrenbacher questioned whether fill could be a problem. He stated the owner had added fill, and it was not all good fill. Discussion ensued. It was reported that there was no response yet from the County regarding the guardrails along Centerville Road. It looks like there is a 20- foot drop in some areas. VII. CONSIDERATION OF MINUTES 1. April 1. 2008. Planning and Zoning Meeting Minutes It was discovered that the date was wrong on the Planning and Zoning Meeting Minutes, and this will be changed to reflect the correct date of April 1, 2008. Motion by Commissioner Pane:ell. seconded by Commissioner Fehrenbacher. to approve the Plannine: and Zonine: Meetine: Minutes of April 1. 2008. with the recommended chane:e from hie:h density to low density for the property alone: Centerville Road. All in favor. Motion carried unanimously. 2. April 3. 2008. Joint Work Session Meeting Minutes It was discovered that the date was wrong on the Joint Work Session Meeting Minutes, and this will be changed to reflect the correct date of April 3, 2008. Council Member Broussard-Vickers requested some discussion regarding the minutes of the Joint Work Session Meeting on April 3, 2008. Page 3 of 4 City of Centerville Planning and Zoning Commission May 6, 2008 Commissioner Parucci inquired about the response to the search presentation. Council Member Broussard-Vickers replied that there were 25 in First Class. Commissioner Parucci inquired about who funds it. City Administrator Larson replied that the City provided some funding, as did the Police and Fire Departments. He stated that Council Member Lakso has been volunteering her time. He added that a recent drill went really well. Council Member Broussard-Vickers stated that it was well received and officials were surprised that Centerville is this far along. Commissioner Parucci replied that this was good. He stated that we are at an age where things are changing fast, and we may not always have the police help fast enough. He added that one tornado could be a major catastrophe. Council Member Broussard-Vickers stated that, with Katrina, it was weeks before cell phones worked. She added that she did hear the sirens on the day they were tested. Commissioner Mosher added that he heard them also because his dog barked when they sounded. Motion bv Commissioner Pane:ell. seconded bv Commissioner Fehrenbacher. to auurove the Joint Work Session Meetin!!: Minutes of Auril3. 2008. as corrected. All in favor. Motion carried unanimouslv. VIII. ADJOURNMENT Motion bv Commissioner Parucci. seconded bv Commissioner Mosher. to adiourn the Mav 6. 2008 Plannin!!: and Zonine: Commission Meetin!!: at 7:00 D.m. All in favor. Motion carried unanimouslv. Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 4 of 4