HomeMy WebLinkAbout2009-01-14 Handout of Chapter 150
CHAPTER 150: BUILDING REGULA nONS
Section
Minnesota Building Code
150.Ql Building Code adopted
.Minnesota State I!i.!t! f:ptft! _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: Uniform
150.10 Min_nesota State Fi!~ ~~~~ llC!oP!e_d_ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ J _ - -{ Deleted: Unifonn
Sump Pumps
150.30 Sump pump required
Property Under Construction
150.45 Site maintenance of property under construction
Costs
150.60 Reimbursement of costs associated with certain developments
150.99 Penalty
MINNESOTA BUILDING CODE
~ 150.01 BUILDING CODE ADOPTED.
(A) Building Code adopted
(1 ) The Minnesota Building Code, as adopted by the Commissioner of Administration
pursuant to M.S. ~~ 16B.59 through 16B.75, including all of the amendments, rules and regulations
established, adopted and published from time to time by the Minnesota Commissioner of
Administration, through the Building Codes and Standards Division, is hereby adopted by reference
with the exception of the optional chapters, unless specifically adopted in this section. The Minnesota
Building Code is hereby incorporated in this section as if fully set out herein.
(B) Application, administration and enforcement.
(1 ) The application, administration and enforcement of the code shall be in accordance with
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the Minnesota Building Code. The code shall be enforced within the extraterritorial limits permitted by
M.S. ~ 16B.62, Subdivision 1, as amended, when so established by this section.
(2) The code shall be enforced by the state-certified Building Official designated by the city
to administer the code.
(C) Permits andfees.
(1) The issuance of permits and the collection offees shall be as authorized in M.S. ~ 16B.62,
Subdivision 1, as amended.
(2) Permit fees shall be assessed for work governed by this building code in accordance with
the schedule resolution adopted by the city on an annual basis. In addition, a surcharge fee shall be
collected on all permits issued for work governed by this code in accordance with M.S. ~ 16B.70, as
amended.
(0) Building Code optional chapters.
(1) (a) The Minnesota Building Code, established pursuant to M.S. ~~ 16B.59 to 16B.75, as
amended, is hereby adopted as the building code for the city. The code is hereby incorporated in this
section as if fully set out herein.
(b) The Minnesota Building Code includes the following chapters of Minnesota Rules:
1. Chapter 1300, Administration of the Minnesota State Building Code;
2. Chapter 1301, Building Official Certification;
3. Chapter 1302, State Building Code Construction Approvals;
4. Chapter 1303, Minnesota Provisions;
5. Chapter 1305, Adoption of the 200g Jl!t~rn.!lti<!nal !3.!l!I~i!l1tC:~d~~ _ _ _ _ _ _ _ _ _ _ _ _ ~ - { Deleted: 0
6. Chapter 1306, Special Fire Protection Systems;
7. Chapter 1307, Elevators and Related Devices;
8. Chapter 1309, Adoption of the 200g,JI!t~rn.!lti()l!al ~~~i~~l!tia! 9.!l!<!e~ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: 0
9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of
Existing Buildings;
10. Chapter 1315, Adoption of the 200g,N.a!i()~l!1 ~J~cJrj~aJ ~~~~;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: 2
11. Chapter 1325, Solar Energy Systems;
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12. Chapter 1330, Fallout Shelters;
13. Chapter 1335, Floodproofmg Regulations;
14. Chapter 1341, Minnesota Accessibility Code;
15. Chapter 1346, Adoption of the Minnesota State Mechanical Code;
16. Chapter 1350, Manufactured Homes;
17. Chapter 1360, Prefabricated Structures;
18. Chapter 1361, Industrialized/Modular Buildings;
19. Chapter 1370, Storm Shelters (Manufactured Home Parks);
2j). Chapter 4715, Minnesota Plumbing Code; and
21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code.
(2) (a) The following optional provisions identified in the most current edition of the
Minnesota Building Code are hereby adopted and incorporated as part of the building code for the city:
Minn. Rules ~~ 1306, 1306.0020, Subd. 2, and 1306.0030, Item E, Option #1.
(b) This city also adopts Minn. Rules Chapter 1335, Floodproofing Regulations, parts
1335.0600 to 1335.1200 and Appendix Chapter K (Grading), of the 2002 Supplement to the 2000
International Building Code.
(E) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. ~
16B.69, as amended, and Minn. Rules, Chapter 1300.
(Ord. 76, passed 6-11-2003; Am. Ord. passed 12-8-2004)
Statutory reference:
Enforcement of code, see MS. ~ 16B.65, Subdivision 1
MINNESOTA STATE F!/W _~Ql!~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- ---{ Deleted: UNIFORM
~ 150.10 UNIFORM FIRE CODE ADOPTED.
(A) Uniform Fire Code adopted There is hereby adopted by the city, for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire or explosion,
incoroorates into this Code the Minnesota State Fire Code set forth in Minnesota Rules. Chapter 7510.
which is based on the 2000 edition of the International Fire Code. and as said rules and code may be.
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by the state. amended from time to time. or replaced. One copy of the code adopted in this section is on
file in the office of the Fire Prevention Bureau and one COpy is on file in the office of the city. and the
same are hereby adopted and incorporated as fully as if set out at length herein. From the date on
which this section shall take effect. the provision thereof shall be controlling within the limits of the
city.
(I) The city adopts bv reference the following aPl'endices to said International Fire Code.
their successors and amendments:
(i) Appendix B - fire flow reauirements for buildings:
+ - - - -{ Formatted: Bullets and Numbering
(ii) Appendix C - fire hydrant location and distribution:
(Hi) Appendix D - fire apparatus access roads:
(iv) Appendix H - fires or barbecues on balconies or patios (as amended by Minnesota
Rules. 7510.3710. subpart 11):
(v) Appendix I - special locking arrangement for group I occupancies (as amended bv
Minnesota Rules 7510.3710. subpart 12):
(2) Appendix B. Section 105.1. of the 2000 International Fire Code is not adopted and is not
a part of the city ordinance,,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-
(B) Establishment and duties of Bureau of Fire Prevention.
(1) The Stat~ !ir~ _ ~2<!e_ ~hl!ll J>~ _ ~nf2r~~<! )y_ !h_e _ ~!1~e.!l!1_ ~( !i!"~ _P!~~ep!i~~ _ ~~ _oJhe! _
designated agency) in the Fire Department of the Centennial Fire District which is hereby established
and which shall be operated under the supervision of the Chief of the Fire Department.
(2) The Chief in charge of the Bureau of Fire Prevention (or other designated agency) shall
be appointed by City Council on the basis of examination to determine his or her qualifications.
(3) The Chief of the Fire Department may detail members of the Fire Department as
inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend
to the City Administrator and City Council the employment of technical inspectors who, when that
authorization is made, shall be selected through an examination to determine their fitness for the
position. The examination shall be open to members and nonmembers of the Fire Department, and
appointments made after examination shall be for an indefinite term, with removal only for cause.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
,
,
,
,
,
Deleted: that certain code known as the
Unifonn Fire Code, and the Unifonn Fire
Code Standards published by the Western
Fire Chiefs Association and the
International Conference of Building
Officials, being particularly the 1988
editions thereof and the whole thereof;
save and except those portions as are
hereinafter deleted, modified or amended
by division (G) of this section.
Deleted: Unifonn
(1) Whenever the word JURISDICTION is used in the Stat~ !jr~ _ ~~<!.e.! It_ ~h.!l!l_l!l~~_ !h~ _ _ _ - -{ Deleted: Unifonn
Centennial Fire District.
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(2) Whenever the words CHIEF OF THE BUREAU OF FIRE PREVENTION are used,
they shall be held to mean Fire Chief, Fire Marshal or any authorized fire inspector of the Bureau of
Fire Prevention.
(0) Establishment of limits of districts in which storage of flammable or combustible liquids in
outside above-ground tanks is prohibited. The limits referred to in J~~ ~!.a!e_ f~~ .!25>~~ _it.! ~hj~h. ~~ _1- - { Deleted: Section 79.501 of the Uniform )
storage of flammable or combustible liquids is restricted except for home and recreational use. Storage
in this manner is, by example, gas cans or similar containers that are approved and hold two and one-
half or five gallons. This exception is not intended to allow large quantities to be stored. A guideline
would follow that ten gallons should be adequate and more would be excessive. The storage of
flammable or combustible liquids in outside above-ground tanks is prohibited within all zones except 1
B-1 and 1-1. ""In those zones where tank~ are ~ermitted. tanks mav not be located in fro_nt or side yar~s. _ _-
(E) Establishment of limits in which storage of liquified petroleum gases is to be restricted. The
limits referred to in. fl!e_ ~!.a!e,fjr~ J;~~e _ i!l_ 'Y~i~~ Jl!O!l!8.e_ ~t lJq,!i!i~<! p~t:!~I~1!l!l Jt~ j~ !e_s!Iic!~d_l!f~ _I
hereby established as follows except for home and recreational use. Home and recreational use would <: ,-,-
allow storage of liquified petroleum in approved containers with a guideline limit of 40 pounds in the '
restricted area. The restricted areas are: All residential districts ; P Public Use; and the M~~~ J!s~ J _ _
distric~. I
Deletl!cl: the following 1imi1s:
Residential; R-2 SingleIMnitiple-FamiJy
Residential; P Public Use; and 0 Open
Space Conservat01Y zoning distric1s.
Deleted: Section 82.103(a) of
Deletl!cl: Uniform
Deleted: M-I
(F) Establishment of limits of districts in which storage of explosives and blasting agents to be
prohibited. The limits referred to in p!'e_~1!t~e _ ~i!~ <;:~~ ~ ~!t~c!t _ s!~~~ ~f ~~l~~~~s _ ~~ _ ~1l!sJi.!llL 1- - ~ Deleted: Section 71.106(b) of
agents is prohibited are hereby established as follows: All zoning districts except the 1-1 industrial - - Deleted: Uniform
zone.
(G) ,;1pp~C!I~._ .wh~n_ey~r_ t!t~ .!2_hjeJ_dj~app~o'y~~ ~ ~0!.I~c!l!i~1! ~~ ~e.fus~~ !~ gr_ll!l~ l! p~f!l!i! l!0!.ILe~ _1- -
for, or when it is claimed that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief to the City Council within 30 days from the date of the decision appealed.
Deleted: Amendments mode in the
Unifonn Fire Code. The Uniform Fire
Code is amended and changed in the
following respec1s: as adopted by the
State of Minnesota. 'If
'If
. (H)
Deletl!cl: 1
Q::Q _lI{~ '!lg~e![alsL P~~c!~S!~ p~ p~~upp~i~~ ~!J~c!J J'!f!Y- ':.egy.i.!~ P~':.l1!i!~ _ Th~ ~!1U.~i!lg _Qf!i~ta!, _1- -
the City Administrator and the Chief of the Bureau of Fire Prevention shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies for which permits are required, in addition to those now enumerated in the
Stat€;,.Jjr~ _~~d~: )~h_e _ ~I!i~f ~t t!t~ J3_U!~a.!1_ ~fX~e_ ~r~Y~I!~:Lo!l_s!1l!I! p~~t _~~ !i~t J!l_a_ c_o!l~~i~l!~u~ J>!l!C~ _1- - { Deletl!cl: Uniform
in his or her office, and distribute copies thereof to interested persons.
(Ord. 55, passed 8-14-1991. amended ##/##/####)
All single family
SUMP PUMPS
~ 150.30 SUMP PUMP REQUIRED.
(A) Sump pump systems required. Sump pump systems shall be installed in new residential,
commercial and industrial buildings, except in situations of on-grade construction.
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(B) Stormwater discharge prohibited It shall be unlawful for any owner, occupant or user of any
premises to direct into or allow any stormwater, surface water, groundwater, roof runoff, pond
overflow, well water or water from residential, industrial or commercial air conditioning systems to
drain into the sanitary sewer system of the city.
(C) Draintile system. A draintile, sump basket, pump, electrical receptacle and rigid pipe
connection to the outside shall be required for any new residential buildings constructed within the city.
The Building Official may determine the need for this installation when slab-on-grade construction
occurs. The system shall be installed as follows:
(1) The building shall have a draintile placed around the inside perimeter of the foundation
connected to a sump basket. The sump basket shall be located at least ten feet away from any inside
floor drain;
(2) A discharge pipe shall be installed to the outside wall of the building with rigid pipe
(plastic, copper, galvanized or black pipe), 3J4-inch inside diameter minimum, and shall be a
permanent installation. A permanent installation shall be one which provides for year round
dischar~e capability to either the outside of the dwelling. building. or structure. or is directly
connected to a city storm sewer. It shaH consist of a rigid dischar~e line to the outside of the exterior
wall of the structure. without yalYing or quick connections for altering the path of dischar~e. When not
connected to a city storm sewer. the outlet shaH be to the rear yard of the property. unless another location is
specifically authorized by the City. Connections directly to the city storm sewer shall require a permit from the
City.L___________________________________________________________________--
(3) The electrical receptacle shall be located no greater than five feet from the sump basket... _ ~
(D) Alternate materials or methods. The provision of this section are not intended to prevent the
use of any material or method of construction not specifically prescribed by this section; provided, any
alternate has been approved and its use authorized by the Building Official. The Building Official may
approve any alternate, provided that the proposed design is satisfactory and complies with the
provisions of this section and that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this section. The Building Official shall require that sufficient
evidence or proof be submitted to substantiate any claims that may be made regarding its use. The
details of any action granting approval of an alternate shall be recorded and entered in the files of the
department of the Building Official.
(E) Existing installations. When a draintile system is to be installed in an existing structure that
had no system of surface water drainage when first constructed, the system shall be installed the same
as for new construction.
(Ord. 57, passed 7-28-1993)
PROPERTY UNDER CONSTRUCTION
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,
,
,
,
Deleted: with a union or other
approved coupling for easy disconnection
for repair or replacement. The discharge
pipe shall have a hose bib or 3/4.inch
hose connector al the outside of the
building wall;
Deleted: ; and
~ 150.45 SITE MAINTENANCE OF PROPERTY UNDER CONSTRUCTION.
(A) Containment of debris. On parcels on which construction is taking place, the property owner
shall be responsible to contain all rubbish, debris and excess construction material within the
construction site.
(B) Removal of debris.
(I) The property owner is responsible to remove all rubbish, debris and excess construction
material from the construction site bi-weekly.
(2) In the event the property owner fails to contain or remove rubbish, debris or excess
construction material, the city shall be authorized to clean the premises and the property owner shall be
responsible for the costs thereof.
(C) Site maintenance deposit.
(1) A site maintenance deposit shall be placed in escrow to the city at the time that a building
permit is issued. The escrow charges shall be established according to the annual fee schedule
approved by City Council.
(2) Contingent upon no city action being required to monitor and/or clean the site, the escrow
amount as established per the annual fee schedule shall be refunded to the individual/company that
originally supplied the escrow deposit along with the building permit, less an administrative fee also
established per the annual fee schedule, at the time that construction on the parcel has ceased, and the
construction site is free of rubbish, debris and excess construction materials.
(D) Payment or assessment of costs.
(I) The cost for any action taken by the city to monitor or clean the site will be deducted
from the maintenance deposit. Should the costs for city action exceed the escrow deposit established
by the fee schedule, the property owner will be billed for the excess.
(2) A certificate of occupancy will not be issued for newly constructed buildings until this
bill is paid in full.
(3) Periodically, the Administrator shall list the total unpaid charges for monitoring and
removal of rubbish, debris or excess construction materials against each separate lot or parcel to which
they are attributable under this section. The City Council may then spread the assessment charges
against the property benefitted as a special assessment under M.S. ~ 429.101, as amended, and other
pertinent statutes for certification to the County Auditor and collection along with the current taxes the
following year.
(4) A fee established by the annual fee schedule for final site inspection shall be retained by
the city.
(Ord. 52, passed 6-12-1991; Am. Ord. passed 9-8-2004) Penalty, see ~ 150.99
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COSTS
~ 150.60 REIMBURSEMENT OF COSTS ASSOCIATED~ WITH CERTAIN
DEVELOPMENTS.
The city encourages the development and redevelopment of lands within the city. It shall be the
general policy of the city that private developments shall not be subsidized by the city, but shall pay all
costs associated with such development or redevelopment, including but not limited to staff time and
consulting fees. When practical, the city shall require development agreements with adequate security
to ensure that city costs are reimbursed by the developer or property owner.
~ 150.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
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CHAPTER 152: SIGN REGULATIONS
Section
General Provisions
152.01 Title
152.02 Purpose and intent
152.03 Defmitions
General Regulations
152.15 General regulations
152.16 Permitted signs with no permit required
152.17 Portable signs
152.18 District regulations
152.19 Comprehensive sign plan required
152.20 Adjustments and appeals
152.21 Nonconforming signs
152.22 Enforcement
152.99 Penalty
GENERAL PROVISIONS
~ 152.01 TITLE.
This chapter shall be known as the Centerville Signage Ordinance, except as herein referred to as
this chapter.
(Ord. 39, passed-)
~ 152.02 PURPOSE AND INTENT.
It is the purpose of this chapter to:
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(A) Establish a set of standards for the fabrication, erection, use and maintenance for signs,
symbols, markings, advertising devices or other items that serve as visual communication media;
(B) Allow creativity in sign design while at the same time ensuring that the public is not
endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary
use of visual communication media; and
(C) Provide administration and procedures for requiring permits, payments offees and provide for
penalties for noncompliance.
(Ord. 39, passed-)
~ 152.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
I ~______________________________________________________________________---
AREA IDENTIFICATION SIGN. A freestanding sign that identifies the name of a residential
subdivision, commercial or industrial development.
BILLBOARD. A sign erected for the purpose of advertising a product, event, person or subject
not entirely related to the premises on which the sign is located.
BUSINESS FRONTAGE. The linear frontage of that portion of a building facing the right-of-
way and occupied by one separate business.
I .______________________________________________________________________---
CANOPY. A permanent roof structure attached to and supported by the building.
CHANGEABLE COPY SIGN. Any sign that is characterized by changeable copy, letters or
symbols, regardless of method of attachment.
DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular
traffic.
DYNAMIC SIGN. Any sign that appears to haye movement or that appears to change. however
frequently by any method other than physically removing part of the sign or its component. whether the
apparent movement is in the display. the sign structure itself or any component of the sign. This
includes but is not limited to any sign that uses technology or any method that changes the image or
sign face without physically changing the sign face or its components. This includes but is not limited
to anv rotating, revolving, moving . flashing. blinking, or animated display that includes rotating
panels. LED lights manipulated through digital input or any other method that allows a sign face to
displav a changed image or series of images or displays.
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Deleted: . ADVERTISING SIGN. A
sign which directs attention to a business
commodity, service or entertainment not
exclusively, related to the premises where
the sign is located or to which it is affixed
Deleted: . BUSINESS SIGN. Any
sign which identifies a business or group
of businesses, either retail or wholesale,
or any sign which identifies a profession
or is used in the identification or
promotion of any principal commodity or
service, including entertainment, offered
or sold upon the premises where the sign
is located.lI
FLAGS. Devices generally made of flexible materials, such as cloth, paper or plastic, and
displayed on poles, strings or wires, but excluding the flag of any country or state.
FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in
intensity or color at all times when the sign is in use.
PROUND SIqlj~ _~)' ~i~ ~\1eI!.0.!1~~ _by _s!t!I~~~s _ oJ _s!lPP~f!S _ t!t~( ll!~ ~f!1!~~~t!)' ~l!c_h~~eA i!l_l- - -{ Deletl!d: FREESTANDING
the ground and that are independent from any building or structure.
HISTORICAL IDENTIFICATION SYMBOLS. Those symbols which have historically been
identified with the service the establishment provides, are common to similar enterprises in all other
localities and are not a particular trademark or business identification.
ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or which has an
interior light source.
MAJOR ANCHOR. A single tenant in a shopping center that isat 1east 20 percent of the total
square footage and in excess of 50,000 square feet.
MOTION SIGN. A sign that revolves, rotates or moves.
POLITICAL SIGN. Any sign which states the name or picture of an individual seeking election
or appointment to a public office, pertaining to a forthcoming public election or referendum, or
pertaining to or advocating political views or policies erected on private property, which is erected by a
bona fide candidate for political office or by a person or group supporting the candidate, and which
contains J!l~ !l~~ _of fl!e_ P~~~~ ~~ gr.9!lP _c~~i!P.e~o.!l_ ~~po.!l~i.!J!e_ fo!, _t~~ ~r~~t1~n_ ~d_ r:e!l!OY!ll ~( !!t~ _1- -
sign.
DeIet8d: the name of the person or
group supporting the candidate and
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent
structure or a sign designed to be transported, including but not limited to signs designed to be
transported by means of wheels, signs converted to A-or T - frames; ~b!,C?I!a~ .!1~C?<! (o!, !l~~e_rtj~i~g; _ a.!l~ _1- - i ~: menu and sandwich board
signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the SIgnS;
vehicle is used in the normal day-to-day operations of the business.
PYLON SIGN. A sign installed on a post or posts. permanently anchored to the ground.
SETBACK. The minimum horizontal distance between a lot line and a building line or use.
SIGN. A name, identification, description, display, illustration structure or device which is affixed
to or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece
of land, and which directs attention to an object, product, place, activity, person, institution,
organization or business.
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SIGN AREA. The entire area within a continuous perimeter enclosing a sign, exclusive of sign
embellishments, which may extend beyond the perimeter as regulated herein; the perimeter shall not
include any structural elements lying outside of the sign and is not an integral part of the display.
Double-faced signs are permitted with the maximum square footage allowed on each face as that
allowed for a single-faced sign; multi-faced sign areas may not exceed the area permitted for a single-
faced sign.
SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign
surface.
TEMPORARY SIGN. A sign that is not permanently affIxed. All devices such as banners,
pennants, flags (not intended to include flags of any nations), searchlights, twirling or ~i<!~v.ral~ ~I' ~'!f!l_ _ _ - -{ DeIebIcI: sandwich-type signs,
signs and balloons or other air- or gas-filled figures.
W ALL ~I~~ _ ~!l_~Y~I!i~i!lg ~~ _a~~he~ _t~ ~I' ~r~~t~~ .!lgl!i!l~t _t~~ ~!l!! ~f !l.!>!l!J<!i!J.g ~I' ~t!1!c_!'!f~ _ _ _ - -{ Deleted: ADVERTISING
with the exposed face to the sign in a plane approximately parallel to the face of the wall and extending
not more than 15 inches from the building wall face.
WINDOW SIGN. A sign affIxed to or inside a window in view of the general public, but
excluding merchandise on display.
(Ord. 39, passed --)
GENERAL REGULATIONS
~ 152.15 GENERAL REGULATIONS.
(A) Signs are prohibited within the public right-of-way or easements, except that the City Council
may grant afonditional or interim !l~e_p~f!lljt_ t~ J~~a!~ ~igtls_l!l!d_ <!~c~ra!i~!l~ ~l! ~I' ~lt!tin_ tp~ fi$!1t-~f- _ _ _ - -{ Deleted: special use
way for a specified period of time.
(B) Flashing signs, motion signs or similar devices shall be prohibited in all districts except
commercial district signs that meet the criteria detailed in the commercial district standards. Approved
traffic signs are exempt from this provision.
(C) Unless specifically allowed in this chapter, interior illuminated signs are permitted in all
districts except residential. All illuminated signs shall have a shielded light source. Illuminated si~ns
of any type may not direct light onto or across any residential property unless it is defused to less that
0.4 foot candles as measured at the adioining property line.
(D) Business signs shall not be painted, attached or in any manner affIxed to trees, rocks or similar
natural surfaces. No signs of any type shall be painted directly onto the roof or the sides of a building.
16
(E) Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or
which impede the vision of traffic by vehicle operators or pedestrians are prohibited.
(F) Signs shall not project above the roofline of any.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - i Def I~al: structure ~1hout the issuance ]
o a spe<:t use peront
(G) No sign shall physically obstruct any window, frre escape or opening intended to provide
entry or exit to any structure, building or public way.
(H) All signs and sign structures shall be properly maintained in a safe, orderly condition at all
times, including the replacement of defective parts, cleaning and other items required for the
maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall
be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health
hazard shall be permitted under or near the sign.
(I) No signs may be placed on utility poles in the city.
--W--There may be no more than one identical sign per lot in a residentially zoned area.
(K) The changing of the advertising message of a painted or printed sign, or changeable copy sign,
and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be
done in compliance with this chapter and any other applicable laws.
(L) No sign may by reason of its location, color or intensity create a hazard to the safe and
efficient movement of vehicles or pedestrian traffic. No private sign may contain words that might be
construed as traffic controls, such as "Stop," "Caution," "Warning," or otherwise resemble any official
marker erected by a governmental body or agency, unless the sign is a directional sign.
(Ord. 39, passed --)
(M) Billboard Signs are prohibited in all residential and mixed use zoning districts. and on any lot
in any other district where there is not a principal structure conforming to the district reQuirements. A
Billboard Sign must be located a minimum of 1000 feet from any other Billboard Silm and a minimum
of 1000 feet from any residential zoning district. A billboard shall not exceed 200 SQuare feet per side
and shall not exceed a height of 35 feet.
(N) A Dynamic Sign not exceeding 20 SQuare feet may be installed as a part of a permitted
freestanding or wall sign in any public (P). commercial{B-l) or industrial (I-I) zoning district.
(1) Dynamic signs shall not change any part of the image more often than once every
seven (7) seconds.
(2) Brightness. The sign must not exceed a maximum illumination of 5000 nits
(candelas per square meter) daylight hours and a maximum illumination of 500 nits
(candelas per SQuare meter) between dusk to dawn as measured from the sign's face at
maximum brightness:
(3) Dimmer control. Dynamic signs must have an automatic dimmer control to produce
a distinct illumination change from a higher illumination leyel to a lower level for the time
period between dusk (one half-hour before sunset) and dawn (one half-hour after sunrise):
(4) Setback from other Dynamic signs. Dynamic signs must be separated from
17
other dynamic signs by at least 35 feet: and
(5) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited
in association with a Dynamic sign.
~ 152.16 PERMITTED SIGNS WITH NO PERMIT REQUIRED.
(A) Political signs. Political signs may be posted in conformity with Minnesota Statute Section
21IB.045~ ______________________________________________________________---
(B) Temporary signs.
(1) Temporary Signs shaH be displayed for no more than 14 days. A maximum of six
occurrences per year are aHowed except that searchlights may not be used more often than one
occurrence per Year. Banners or pennants determined to be an integral part of the design or
architecture of a building are permitted;
(2) One temporary identification sign, setting forth the name of the project, architect,
engineers, contractors, planners and financing agencies, may be instaHed at a construction site in any
district for the period of construction. The sign area of a temporary identification sign shaH not exceed
35 square feet;
(3) In any district, one temporary real estate sign may be erected for the purpose of
advertising the lease or sale of property upon which it is placed. Only one sign shaH be permitted per
street frontage. The sign(s) shaH be removed within seven days following the lease or sale of the
property .
(a) The maximum size of these signs for each district is as foHows:
1. Residential Districts: Ten square feet;
2. . Commercial Districts: Thirty-two square feet;
3. Industrial Districts: Thirty-two square feet;
4. Mixed-Use District: Sixteen square feet; and
5. Agricultural/Rural Residential: Thirty-two square feet.
(b) In any district, one temporary "help wanted" or "now hiring" sign may be erected for
the purpose of advertising employment positions. Only one such sign shaH be permitted per street
frontage. The sign shaH be removed upon fiHing the employment position. The maximum size of
these signs for each district is as foHows:
I. Commercial District: Thirty-two square feet;
18
Deleted: by bona fide candidates for
political office or by a person or group
promoting a political issue for a candidate
may be placed in any district subject to
the requirements of the district.
Campaign signs may be posted for a
period not to exceed 60 days and sha11 be
removed within seven days following the
date of the election. Only one sign per
candidate will be allowed per lot.
2. Industrial District: Thirty-two square feet;
3. Mixed-Use District: Sixteen square feet; and
4. Agricultural/Rural Residential: Thirty-two square feet.
(4) .ee!1!l!s~~o!l_ ~t:. !h_e_ ~~\!l!cit !ll_u~~!>~ _~b.!l!~~d_!~ ~~_c! _ti!~ ~~~ _uJ>~!l_ ~r_ ~~e! _p.l!.bli~ _1--
property, and provided further that the signs shall not be erected or posted for a period of more than 14
days prior to the date of the event and must be removed within three days after the event.
(C) Directional signs. Directional signs having a surface area not greater than five square feet.
(0) Memorial signs. Memorial signs or tablets, or names of buildings and date of erection when
cut into a masonry surface or constructed of metal, wood or stone and attached to the building, not
exceeding a sign surface area of four square feet.
(E) Freestanding signs. Freestanding signs for garage sales or similar events occurring within the
corporate limits of the city, not exceeding four square feet in sign surface area, erected on private
property with permission of the landowner, and displayed for not more than three consecutive days.
(F) Window signs. Temporary or permanent window signs duly authorized by zoning and other
laws of this city, provided that all the signs on a frontage shall not have a total sign surface area greater
than 50 percent of the glass area, excluding doors, on the frontage, and provided that a minimum of
one-half of the open window space must be below a horizontal line which is five feet above the interior
floor of the commercial establishment. Merchandise displays in windows shall not be considered a part
of the sign area if the display is not to be continued for a period of more than eight weeks.
(G) Sandwich boards. In B-l and Mol zoning districts, one sandwich board sign per business, not
exceeding six SQuare feet per side, shall be allowed, providing it does not block a sidewalk and is
located within 35 feet of the main entrance to the business. Sandwich boards shall not be displayed
during hours that the business is not open to customers.
(Ord. 39, passed - -)
fi 152.17 PORTABLE SIGNS.
(A) Portable signs are prohibited in residential districts. Portable signs in all other districts are
allowed with permit as specifically authorized below.
(B) Portable signs used for the purpose of directing the public will be permitted subject to the
following conditions:
(1) The sign is coincidental to or used in conjunction with a public function;
(2) The sign is used for a special business promotion or event;
19
Deleted: Signs per18ining to drives or
events of civic, philantbropic, educational
or religious organizations, provided p
(3) The period of use for the sign shall not exceed 14 consecutive days;
(4) No business may have more than six special promotions or events per year; and
(5) Portable signs may not exceed 80 square feet.
(Ord. 39, passed - -)
~ 152.18 DISTRICT REGULATIONS.
(A) Residential/Public Districts (R-I, R-2, R-2A, R-4, R-5, P-I. M-I. M-2). Permitted signs:
(1) Residential identifications. Not more than two square feet per single family dwelling or
six square feet in area for each multiple-family building.
(2) Institutional identifications. Churches, schools, parks etc. allowed up to 48 square feet;
not taller than eight feet.
(3) Business signs. Home-based businesses may have a sign that is no larger than four square
feet. The sign may not be an interior-illuminated sign.
(4) Noncommercial opinion or message signs. On-premise noncommercial optnIon or
message signs are permitted as follows: In residential districts, each dwelling unit is permitted one
additional sign which is no larger than six square feet and no higher than six feet tall. In medium and
high density districts, the sign must be attached to the dwellin& NO_l?~f!Ili( fe~ J~ !~'l!lir~~ fQr_l! ~i8!1_ _ _-
authorized under this paragraph.
(5) Area Identification Signs. One area identification sign is permitted in conjunction with a
development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet in
height and shall only be permitted when a homeowner association or other responsible entity has been
established that agrees in writing to maintain the sign and adjoining property.
(Ord 2d #12, amended 9/13/06)
(B) Commercial District (B-I). A business may have one Pylon Sign or one Ground Sign in
addition to permitted Wall Signs. Total surface area for all permitted signs shall not exceed 20% of the
area of the largest street-side face of the building. Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure, provided the signage does not exceed ten percent of the wall area. and the sign does not
exceed 200 square feet is area.
Deleted: unit or placed in another
location which clearly does not appear to
represent the opinions of other residents
in the area who have not agreed to the
sign
(2) . Ground sign.!:. _ Ql!e . ground sJgt! p~r_ ~~s~e~~ ~~ ~l!si1!e~~ PQ1!1pl~~;_l?r~y~d~~,_l.!~,!ey~!, _ _ _ - Deleted: Freestanding
the sign does not exceed 200 square feet in area andll fe.et ip.Aei~!._a!1~ lQca!eA ~ f!1in}f!1!'!TI_ Q(flf!e_el1_ - - - Deleted: freestanding
feet from any property line to the nearest supporting structure of the sign. - - Deleted: 35
20
(3) Area identification signs. One area identification sign is permitted per street frontage;
however, the sign does not exceed 64 square feet in area and 20 feet in height, and located a minimum
of fifteen feet from any property line to the nearest supporting structure of the sign,. _ _ _ _ _ _ _ _ _ _ _ _ __
(4) Pvlon sign. One pvlon sign per business or business complex: provided. however. the sign
does not exceed 200 square feet in area and 35 feet in height. not less than six feet from the ground to
the lowest part of the sign. and located a minimum of fifteen feet from anv property line to the nearest
supporting structure of the sign.
(5) Billboard signs. As otherwise regulated in this Chapter.
(C) Industrial District (1-1). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure provided the signage does not exceed ten percent of the wall area.
(2) T Ground sjgf!S,- _ 9.!l~ co Ground ~igI! ~ J'~~i~~d, Ao~ey~r-! _tl1~ ~i~ A.~~ ll~t ~~~e~~ )_09_1- -
square feet in areaJ1 f~e! !l! i!~~t and located a minimum of fifteen ttom anv property line!'. _ _ _ _ _ _ _1 '-,-
, ,
,
,
,
(3) Area identification signs. One area identification sign is permitted per street frontage;
however, the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within
ten feet of any street right-of-way.
(4) Billboard signs. As otherwise regulated in this Chapter
(D) Mixed-Use District~ (M-1 & M-2). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure, provided the signage does not exceed ten percent ofthe wall area.
(2) Canopy signs. Signs on these structures are allowed as long as the sign area does not
exceed ten percent of the wall area.
(3) Ground signs. One ground sign is permitted per street frontage; however, the sign does
not exceed eight feet in height and 32 feet in area.
(Ord. 39, passed - -; Am. Ord. 87, passed 1-11-2006)
~ 152.19 COMPREHENSIVE SIGN PLAN REQUIRED.
(A) (1) A comprehensive sign plan is required at the time of Planning and Zoning Commission
review of any proposed new commercial or industrial development. This plan shall indicate the
location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for
approval pursuant to the regulations of the city.
(2) Building permits and inspections are necessary as required by Building and Electrical
21
- DeletecI: and is not placed widrin ten
feet of any street right-of.way
Deleted: Freestanding
Deleted: freestanding
Deleted: per street frontage
DeletecI: and 3
Code. Fees for required permits or hearings shall be set by approved annual resolution of the City
Council.
(B) Every application for a sign permit must be accompanied by a plan drawn to scale and
including the following:
(1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of
the building to which it is to be attached;
(2) The maximum and minimum height of the sign;
(3) The proposed location of the sign in relation to the boundaries of the lot upon which it is
to be situated;
(4) The proposed location of the sign in relation to the boundaries of the lot upon which it is
to be situated;
(5) If the sign is to be illuminated, the technical means by which this is to be accomplished
and the hours of illumination;
(6) Where the sign is to be attached to any existing building, a diagram or photograph of the
face of the building to which the sign is to be attached;
(7) The name and address of the owner of the sign and the address of the property where the
sign is located;
(8) Where a ground level sign is proposed with berming, a diagram showing grade level and
dimensions of the berm;
(9) When a multi-tenant comprehensive sign plan is submitted, the plan must include the
location, size, height, color, lighting and orientation of all signs; and
(10) Where a ground sign plan is submitted, the plan must include the location of the sign in
relation to the lot lines and the building height, including any difference from the established grade,
size, color, lighting and hours of illumination.
(Ord. 39, passed --)
~ 152.20 ADJUSTMENTS AND APPEALS.
(A) The Commission of Adjustments and Appeals will be comprised by all members of the
Planning and Zoning Committee.
(B) The Planning and Zoning Committee will hear and make recommendations to the City
Council regarding:
22
(1) Appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the city in the enforcement of this chapter; and
(2) Petitions for variances from the literal provisions of this chapter in instances where their
strict enforcement would cause hardship because of circumstances unique to the individual property
under consideration. Criteria for granting a variance will be the same as the criteria for granting a
variance in the city's zoning chapter.
(Ord. 39, passed --)
~ 152.21 NONCONFORMING SIGNS.
(A) Legal, conforming. All signs existing as of the adoption date of this chapter conforming to the
requirements of this chapter and not requiring a permit under the provisions of this chapter, may be
maintained so long as the sign continues to comply with the provisions of this chapter, as it may from
time to time be amended.
(B) Legal, nonconforming signs. All signs existing as of the adoption date-of this chapter which
would be prohibited by ordinance or which would require a permit under this chapter but have not
received a permit, will be deemed to be legal nonconforming signs. Legal nonconforming signs may
continue to exist without a permit and without constituting a violation of this chapter until one or more
of the following occurs:
(1) The sign is structurally altered (except for normal maintenance) in a way that makes the
sign less in compliance with this chapter than it was before the alteration;
(2) The sign is relocated to a position making it less in compliance with this chapter than it
was before the relocation;
(3) The sign is replaced; and/or
(4) Any new primary sign is erected or placed in connection with the enterprise using the
legal nonconforming sign.
(Ord. 39, passed --)
~ 152.22 ENFORCEMENT.
(A) If a sign is in violation of this chapter, is in danger of falling, or is otherwise a menace to the
safety of persons or property, the Building Official may give to the owner of the property on which the
sign is located written notice specifying the violation, ordering the cessation of the violation and
requiring either the removal of the sign or remedial work in the time and manner specified in the
notice.
(B) In the event of failure to comply with the notice within 30 days, the Building Official may
remove the sign or cause the remedial work to be done.
23
(C) The cost of the work performed by the city, must be paid to the city by the owner of the
property on which the sign is located.
(D) If payment is not made within 30 days after a statement of costs is sent to the owner, the costs
may be assessed against the property by certifying the costs to the county.
(E) If a sign that has been removed is not reclaimed and costs paid within 30 days after its
removal, the sign may be sold or otherwise disposed of by the city.
(F) If a sign is found to be an immediate danger to the public because of its unsafe condition, it
may be removed without notice, and written notice of removal and reasons for the removal will be
given to the owner of the property on which the sign is located as soon as possible.
(Ord. 39, passed --)
~ 152.99 PENALTY.
Violation of this chapter is a misdemeanor.
24
CHAPTER 153: SUBDIVISION REGULATIONS
Section
General Provisions
153.01 Title;jurisdiction
153.02 Purpose
153.03 Compliance
153.04 Conflict
153.05 Defmitions
Design Standards
153.15 General
153.16 Easements
153.17 Water and sewer systems
153.18 Blocks
153.19 Lots
153.20 Street
Construction and Improvements
153.35 General conditions
153.36 Developer's agreement
153.37 Financial security
153.38 Construction plans
153.39 Inspection
153.40 Prior improvements
153.41 As-built plans
153.42 Improvement construction
153.43 Development improvements; site grading
153.44 Improvement and construction; miscellaneous
153.45 Planned Manufactured Home Developments
Plat Specifications and Procedure
153.55 General
153.56 Sketch plan
153.57 Preliminary plat
153.58 Final plat
153.59 Procedures for plat submissions
26
L
Administration and Enforcement
153.70 General
153.71 Amendments
153.72 Appeals
153.99 Penalty
Editor's note:
This chapter was established by Ord 8, passed 12-8-1982 and subsequently amended, but it was
not possible to ascertain what sections were amended by which ordinance. The amending ordinances
are: Am. Ord passed 5-13-1987; Am. Ord passed 2-10-1988; Am. Ord passed 3-14-1990; Am. Ord
passed 4-11-1990; Am. Ord passed 2-27-1991; Am. Ord passed 4-24-1991; Am. Ord passed 5-22-
1991; Am. Ord passed 5-11-1994; Am. Ord passed 5-8-2002.
GENERAL PROVISIONS
~ 153.01 TITLE; JURISDICTION.
(A) This chapter may be cited as the Centerville Subdivision Ordinance and will be referred to
herein as this chapter.
(B) The geographic jurisdiction of this chapter includes the entire area within the corporate limits
of the city.
fi 153.02 PURPOSE.
This chapter is adopted:
(A) To assist the orderly, efficient and integrated development of the city;
(B) To provide uniform procedures and standards for all subdivisions;
(C) To ensure consistency between future subdivision development and the city comprehensive
plan; and
(D) To provide for the protection and conservation of floodplains, shorelands, soils, water,
vegetation, energy, air quality, geologic and ecologic features and features and agricultural lands.
fi 153.03 COMPLIANCE.
Platting is required for all subdivisions creating five or more lots, regardless of size, or
subdivisions which create parcels which are two and one-half acres or less in size. Hereafter, no lot in
27
a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision
may be issued, and no building may be erected in a subdivision, unless and until a subdivision plan has
been approved and, where required, recorded, and until the improvements required by the Council in
connection therewith have either been constructed or guaranteed, as herein provided.
~ 153.04 CONFLICT.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive
than comparable conditions imposed by any other regulation, the regulations which impose the higher
standard or requirements shall prevail.
~ 153.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK. A tract of land bounded by streets or a combination of streets, parks, cemeteries, railroad
rights-of-way, shorelines, waterways or corporation boundary line of the city.
BOUNDARY LINES. The line also indicating the bounds of limits of any tract or parcel of land.
BUILDING LINES. The line also referred to as SETBACK LINE means the line beyond which
property owners or others have no legal or vested right to extend a building or any part thereof without
special permission and approval of the proper authorities.
BUTT LOT. A lot, the sideline of which coincides with the back line of one or more other lots.
CITY IMPROVEMENTS. Improvements to be installed by the city as provided in this chapter
and/or the development agreement and financed through assessments procedures.
COMPREHENSIVE PLAN. The comprehensive development plan made and adopted by the city
indicating the general locations recommended for major thoroughfares, streets, parks, public buildings,
zoning districts and other public improvements.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting
points of equal elevations. Contour intervals are the vertical heights between contour lines.
CORNER LOTS. The lot or lots within a plat and situated at the comers thereof so that they are
bounded on two sides by streets. This term applies to any lot within the plat at street intersections and
bounded on two sides by streets.
CROSS-WALK. A right-of-way, municipally owned, which cuts across a block to furnish access
28
for pedestrians to the adjacent street or properties.
CUL-DE-SAC. Court or dead-end street; a short minor street having one end open to traffic and
being permanently terminated by a vehicular turnaround.
DEVELOPER IMPROVEMENTS. Improvements to be installed by the developer as provided in
this chapter and/or the development agreement.
EASEMENT. A grant by the property owner to the use of a strip of land by the public, a
corporation or person for specific purposes.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public
street or way.
HALF-STREET. A street divided longitudinally by a property line.
LAND SURVEYOR. A registered LAND SURVEYOR capable of preparing engineering plans for
land subdivision plats.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of
ownership or for development, capable of being occupied by one or more structures.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE FRONTAGE. A lot, the generally opposite ends of which both abut on streets.
LOT WIDTH. The mean width measured at right angles to the depth.
NATURAL WATERWAY. Any natural passageway in the surface of the earth so situated and
having such a topographical nature that surface water flows through it from other areas before reaching
a fmal ponding area. The term also means to include any and all drainage structures that have been
constructed or placed for the purpose of conducting water from one place to another.
OWNER. The person having legal title, his or her duly authorized agent or attorney-in-fact, a
purchaser, devisee, fiduciary and a person having a vested interest in the property in question.
PEDESTRIAN WAY. A public or private right-of-way across a block or providing access within
a block. to be used by pedestrians and for the installation of utility lines.
PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for
record.
RESERVE STRIPS. Narrow strips or narrow strips ofland usually withheld from the street right-
of-way to form a barrier between certain property and the public street or thoroughfare.
RIGHT-OF-WAY. The land covered by a public road or other land dedicated for public use or for
29
certain private use, such as land over which a power line passes.
STREET. A right-of-way, which affords the principal means of access to abutting property. A
STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane,
drive, place or other appropriate name. A STREET may also be identified according to type of use as
follows:
(1) Arterial street or highway. Streets providing for traffic movements between traffic
generation areas.
(2) Collector streets. Streets providing connection primarily between arterial streets or
arterial and local streets.
(3) Local streets. Streets serving primarily as access to abutting properties and not intended
as major streets or highways carrying through traffic.
STREET WIDTH. The shortest distance between lines oflots delineating the street.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The
SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of a single lot, tract or parcel of land, or a part thereof, into two or
more lots, tracts or parcels of land.
THOROUGHFARE. A public right-of-way with a high degree of traffic continuity and serving as
an arterial traffic way between the various districts ofthe city.
TOPOGRAPHY. The detailed description of the features of a relatively small area, also the relief
features or surface configuration of an area.
WATERCOURSE. Shall include channel, creek, ditch, drain, river and stream.
WATERSHED. Rice Creek Watershed District.
ZONING. The reservation of a certain specified areas within the municipality for buildings and
structures for certain purposes with other limitations such as heights, lot coverage and other stipulated
requirements.
DESIGN STANDARDS
~ 153.15 GENERAL.
Subdivision design shall comply with the following general design standards:
30
(A) Natural features. Existing natural features which would add value to the subdivision and the
city, such as trees, steep slopes, watercourses, historic spots and similar irreplaceable assets, shall be
preserved, insofar as possible, through harmonious design of the subdivision.
(B) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be
dedicated for public recreation space, with this ten percent being in addition to property dedicated for
streets, alleys, easements or other public ways. No areas may be dedicated for public use until the
areas have been approved as being suitable and needed for the public health, safety, convenience and/or
general welfare. When the subdivision is too small for practical dedication of public land or if no land
in the subdivision is suitable for that use, the subdivider shall be required to pay a fee as per schedule
in effect per lot created or ten percent of the subdivision land value, whichever is greater, prior to
subdivision; the value (market) of the land shall be determined by negotiation between city and
developer. Lots created in any manner that is larger than five acres or 300 feet in width shall not be
subject to dedication of land for public use. A fee according to the current schedule will be charged on
every building permit issued pertaining to new housing units for parks and playgrounds.
(C) Planned unit development. These design standards of this chapter may be modified by the
City Council in the case of a plan utilizing an unusual concept of development which meets the
requirements of the section. The planned unit development provision is intended to encourage original
and imaginative subdivision design which preserves the natural amenities of the site and provides for
the general welfare of the city. It shall conform to the planned unit development requirements of the
city zoning chapter.
(D) Soil tests. The city may require soil tests prior to the final approval of any plat. These soil
tests shall consist of test holes to a depth necessary to determine the various types of soil to be
encountered before reaching a stable base. The test holes, when ordered by the city authorities, shall be
drilled at the expense of the owner or developer and the information disclosed shall be furnished to the
city together with a copy of the proposed plat showing the location of each test hole. The information
required by the city shall include a report as to the various types of soil encountered and their depths,
the level of the groundwater and a seepage test and may include additional information. The number of
test holes to be drilled and their location on the property which is proposed to be platted will be as
directed by the city or its authorized representative. In questionable cases, the owner shall be required
to furnish to the City Council a report from a recognized engineering laboratory as to the safety and
practicability of the use of the area for building construction, including the feasibility for installation of
sewage facilities.
(E) Restriction on filing and recording conveyances.
(I) Restriction. State law states that a municipality with adopted subdivision regulations, no
conveyance of land shall be filed or recorded if the land is described in the conveyance by metes and
bounds; by reference to an unapproved registered land survey after 4-21-1961; or by an unapproved
plat made after those regulations become effective.
(2) Limits of applicability. The above restrictions do not apply if the land described in the
conveyance:
31
(a) Was a parcel of record on 4-1-1945;
(b) Was subject to a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on 1-1-
1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on 7-1-
1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres in area
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; or
(f) Is a single parcel of residential or agricultural land of not less than 20 acres in area
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.
(3) Exceptions. The following land divisions are exempted from the provisions of this
division (E) and upon request, the Administrator shall, within ten days, certify that this division (E)(3)
does not apply to these land divisions:
(a) Divisions of land where the division is to permit the adding of a parcel of land to an
abutting lot and the newly created property line will not cause the land or any structure to be in
violation of this chapter or the zoning chapter; and that the proposal would not have an adverse impact
on the subject property or surrounding properties;
(b) The division and addition of land will not be large enough to allow for the creation of
an additional lot for the purpose of building; or
(c) In the case of a request to divide a base lot upon which a 2-family dwelling,
townhouse or a quadraminium is located, which is a part of a recorded plat, where the division is to
permit individual private ownership of a single dwelling unit within the structure, and the newly
created property lines will not cause any of the unit lots or the structure to be in violation of this
chapter or the zoning chapter. If the Administrator makes a negative determination and/or the
applicant wishes to appeal the decision, the case shall be sent to the Planning and Zoning Commission
for recommendation to the City Council.
~ 153.16 EASEMENTS.
(A) Utility. Easements at least a total of 20 feet wide, centered on rear lot lines, shall be provided
for utilities where necessary. They shall have continuity of alignment from block to block, and at
deflection points, easements for pole line anchors shall be provided.
32
(B) Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel or
stream, there shall be provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of the watercourses, together with any further width or construction, or
both, as will be adequate for the stormwater drainage of the area. The easements shall meet the
requirements of the Rice Creek Watershed.
~ 153.17 WATER AND SEWER SYSTEMS.
No new subdivision will be considered unless municipal water and sanitary sewer are available to
the property.
~ 153.18 BLOCKS.
Blocks in new subdivisions shall meet the following standards:
(A) Length. The length of any block shall not be more than 620 feet.
(B) Pedestrian ways. The use of pedestrian ways through any block is to be permitted only when
absolutely necessary. Where permitted, pedestrian ways shall be at least 15 feet wide.
(C) Alleys. The use of alleys in any block is to be permitted only when absolutely necessary.
Alleys may be required in commercial areas where adequate off-street loading space is not available.
~ 153.19 LOTS.
The lot and yard sizes shall conform to the requirements of the city zoning chapter and the lots
shall be designed in accordance with the following design standards:
(A) Corner lots. The minimum comer lot dimensions for single-family, detached dwelling
developments where permitted under the zoning chapter shall be:
(1) At least ten feet wider at building setback line than permitted under the zoning chapter;
(2) Not less than minimum depth permitted under the zoning chapter; and
(3) Minimum lot area shall be increased by ten feet times the minimum lot depth permitted
under the zoning chapter.
(B) Shape of lots. Side lines oflots shall be approximately at right angles to straight streets and on
radial line on curved streets. Some variation from this rule is permitted when it is clearly evident that
the variation shall improve the overall design. In no case shall the rear lot line of any lot be less than
50 feet.
33
(C) Access. Every lot shall be provided with access adequate for the use of public safety vehicles
and other public and private purposes and shall be served by a public or private street system, improved
in accordance with this chapter and connected to the general street system.
(0) Doublefrontage lots. Double frontage lots shall not be permitted, except:
(1 ) Where lots back upon a thoroughfare, in which case vehicular and pedestrian access
between the lots and the thoroughfare shall be prohibited; and
(2) Where topographic or other conditions render subdividing otherwise unreasonable. The
double frontage lots shall have an additional depth of at least 20 feet in order to allow space for a
protective screen-planting along the back lot line, and also in these instances vehicular and pedestrian
access between the lots and the thoroughfare shall be prohibited.
(E) Nonsewered lots. In areas which are not served by public sanitary sewer systems, no lot shall
be developed for residential purposes unless it meets the requirements set for lots outside the urban
service area, which is a minimum of ten acres. The preliminary plat shall show a feasible plan for
future resubdivision by which lots may be resubdivided to meet the size and dimension standards of
lots in areas served by public sanitary sewer system. Any preliminary plat not showing a future
resubdivision plan shall not be resubdivided.
(F) Butt lots. Butt lots shall be platted at least five feet wider than the average interior lots in the
block.
(G) Drainage. Lots abutting upon a watercourse, drainageway, channel or stream shall have an
additional depth or width, as required, to assure house sites are not subject to flooding.
~ 153.20 STREET.
(A) No plat shall be approved unless all streets shown thereon shall be of sufficient width and
shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and
air, facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide a
coordinate system of streets conforming to the city street plan.
(B) In addition, the street design must meet the following requirements:
(1) In the case of subdivisions for commercial, industrial and public purposes, no street
giving access upon a major street shall be located closer than 500 feet, along the same side of a major
street, to any other driveway, public or private street in the same or another subdivision;
(2) Local streets shall be so planned as to discourage through traffic;
(3) Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin
or main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly circular
shape and be a maximum allowable length of 800 feet;
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(4) The use of half-width streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations and the
overall plan of the neighborhood in which the plat is situated. Wherever a half-street is adjacent to a
tract to be subdivided, the other half of the street shall be platted within the tract;
(5) Reserve strips controlling access to streets are prohibited;
(6) The minimum distance between centerlines of parallel or approximately parallel streets
intersecting a cross-street from opposite directions shall be 150 feet;
(7) Intersections of more than two streets at one point shall be avoided;
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac
arrangement;
(9) Right-of-way requirements may be increased for specific thoroughfares if existing or
anticipated traffic flow warrants it, or if drainage easements parallel the thoroughfares. The increased
width will be set by the City Council under thelldvisement of the Planning and Zoning Commission
and City Engineer.
(10) Minimum right-of-way widths, paving widths, angle of intersection, curb radius,
horizontal alignments, vertical alignments as well as maximum grades shall be in accordance with the
following table:
Street Design Standards
35
Arterial Collector Local Cul-de-sac
Right-of-Way 120 feet 66 feet 60 feet 6O-foot radius
Paving Width 52 feet 36 feet 32 feet 46-foot radius
36
Street Design Standards
Arterial CoHector Local Cul-de-sac
-
Maximum Grade 5% 8%
37
Street Design Standards
Arterial Collector Local Cul-de-sac
Minimum Angle 90 degrees 90 degrees 70 degrees 70 degrees
to Intersection
38
Street Design Standards
Arterial Collector Local Cul-de-sac
- -
Horizontal
Alignment
(Minimum
Radius of Center
Line)
*
'10
*
*
*
Street Design Standards
Arterial Collector Local Cul-de-sac
Vertical curves 150 feet 200 feet 100 feet
(Minimum Sight
Distance)
40
Street Design Standards
Arterial Collector Local Cul-de-sac
- ----
NOTES TO TABLE:
* - Subject to approval of City Engineer.
41
CONSTRUCTION AND IMPROVEMENTS
~ 153.35 GENERAL CONDITIONS.
Upon receipt of the preliminary plat approval by the Council and prior to Council approval of the
fmal plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation at
the sole expense of the subdivider for any improvements as shall be required by the city, which
improvements may include but are not limited to streets, sidewalks, public water systems, sanitary
sewer systems, surface and storm drainage systems and public utility services. The installation of these
improvements shall be in conformity with approved construction plans and specifications and all
applications and all applicable standards and ordinances.
~ 153.36 DEVELOPER'S AGREEMENT.
Prior to the installation of any required improvements and prior to approval of the final plat, the
subdivider shall enter into a contract with the city, which contract shall require the subdivider to
construct the developer improvement at the sole expense of the subdivider and in accordances at the
sole expense of the subdivider and in accordance with approved construction plans and specifications
and all applicable standards and ordinances. The contract will define the developer's responsibilities
with regard to city improvement. The contract shall provide for the supervision of construction by the
City Engineer, and the contract shall require that the city be reimbursed for all costs incurred by the
city for engineering and legal fees and other expenses in connection with the making of the
improvements. The performance of the contract shall be financially secured by a cash escrow deposit
or irrevocable letter of credit as hereinafter set forth.
~ 153.37 FINANCIAL SECURITY.
The developer's agreement shall require the subdivider to make a cash escrow deposit or in lieu
thereof to furnish a letter of credit in the following amounts and upon the following conditions:
(A) Escrow deposit. The subdivider shall deposit with the Administrator a cash amount equal to
150 percent of the total cost of the improvements as estimated by the City Engineer, including the
estimated expense of the city for engineering and legal fees and other expenses incurred by the city in
connection with the making of the improvement.
(B) Letter of credit. In lieu of a cash deposit, the subdivider may furnish a letter of credit
satisfactory to the city, in a sum equal to 150 percent ofthe total cost of the improvements as estimated
by the City Engineer, including the estimated expense of the city for the engineering and legal fees and
other expenses incurred by the city in connection with the making of the improvements. Release of the
letter of credit will be determined by Council resolution.
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(C) Conditions. The developer's agreement shall provide for a completion date on which all of
the required improvements shall be fully installed, completed and accepted by the city. The completion
date shall be determined by the Council after consultation with the City Engineer and the subdivider,
and shall be reasonable in relation to the construction to be performed, the season of the year and
proper correlation with construction activities in the subdivision. The developer's agreement shall
provide that. in the event the required improvements are not completed within the time allotted, the city
shall be allowed to exercise its power to recover on the letter of credit or utilize the escrow deposit to
complete the remaining construction to city standards and specifications. In the event the amount of
funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining
cost to the lands within the subdivision.
~ 153.38 CONSTRUCTION PLANS.
Construction plans and specifications for the required improvements conforming in all respects
with the standards and ordinances of the city shall be prepared at the expense of the subdivider by a
professional engineer registered by the State of Minnesota. The plans and specifications shall be
approved by the City Engineer and shall become a part of the developer's agreement. Two prints of the
plans and specifications shall be filed with the Administrator.
~ 153.39 INSPECTION.
All required improvements shall be inspected during the course of construction by the City
Engineer and acceptance of the improvements by the city shall require prior written certification by the
subdivider's engineer and acknowledged by the City Engineer that the improvements have been
constructed in compliance with the plans and specifications.
~ 153.40 PRIOR IMPROVEMENTS.
Improvements which have been completed prior to application for final plat approval or execution
of the developer's agreement shall be accepted as equivalent improvements, provided the City
Engineer shall certify in writing that the improvements conform to the city standards.
~ 153.41 AS-BUILT PLANS.
Upon completion of installation of all required improvements, the subdivider shall file with the
Administrator a reproducible tracing and two copies of the plans and specifications showing all
improvements as finally constructed and installed. An electronic/digital version of the required filing
shall also be submitted in a format acceptable to the city. All as-built plans will be prepared by City
Engineer and the time billed to the developer.
~ 153.42 IMPROVEMENT CONSTRUCTION.
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All required improvements specified in this subchapter shall be constructed in accordance with the
city standards and all other applicable city, county and state regulations.
~ 153.43 DEVELOPMENT IMPROVEMENTS; SITE GRADING.
(A) Grading.
(1) The developer shall do all site grading including the front 100 feet of the lots, common
green way and open spaces, stormwater storage ponds and surface drainageways, including sodding of
boulevards all in accordance with the approved grading, drainage and site plan. A grading plan with
maximum 2-foot contours and cross-sections as necessary shall be submitted and approved by the city
prior to commencement of any site grading.
(2) Boulevards shall be graded at an incline of two percent behind the curb. The sidewalk
construction shall be in accordance with the city-approved streetscape and shall reflect a consistent
grade that follows the back of the curb.
(3) (a) After substantial building completion and prior to the issuance of an occupancy
permit, a certificate of survey shall be provided to the city verifying that the lot grading has been
accomplished to the approved standards.
(b) The certificate of survey will locate the following:
1. Property irons;
2. Buildings;
3. Driveways;
4. Drainage easements;
5. Utility easements;
6. Sewer service at the property line; and
7. Water service and shut-off at the property line.
(c) The certificate will also provide the following elevations:
1. Grading at the front lot line;
2. Grading at property comers;
3. Lowest floor elevation and structure type; and
44
4. One-hundred-year flood elevation and lOO-year flood contour property.
(B) Soil erosion. The developer shall control soil erosion as otherwise required by the city code.
(C) Monuments and markers. The developer shall place iron monuments in accordance with state
statutes.
(D) Curb stops. The developer shall arrange with the city to make all necessary adjustments to the
curb stops to bring them flush with the topsoil (after grading).
(E) Trees and landscaping shall be in accordance with the requirements for the various zoning
districts contained in the zoning chapter of the code.
(G) Street maintenance.
(1) The developer shall be responsible for street and sidewalk maintenance, including curbs,
boulevards, sod, sidewalks and street sweeping, until the development is accepted by the city.
(2) Warning signs as per the Minnesota Uniform Traffic Control Devices Manual shall be
placed when hazards develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the streets become impassible, the streets shall be barricaded and
closed.
(3) The developer shall maintain a smooth driving surface and adequate drainage on all
temporary streets. No builders will be allowed on the dedicated street areas until the streets are
completed and accepted by the city.
(4) The developer may request, in writing, that the city keep the streets open during the
winter months by plowing snow from the streets prior to fmal acceptance of the streets. The developer
shall reimburse the city for all snow plowing prior to final acceptance of the streets. The city shall not
be responsible for reshaping the streets because of snow plowing operations if they are requested.
Snow plowing service does not constitute fmal acceptance of the streets.
(5) It is understood that if soil is excavated from the development and moved off the
property, all city and county streets which are used for hauling shall be maintained free of debris and
soil; and property within the city limits upon which the soil is stored shall also be maintained free of
debris and have adequate erosion control.
(H) Street lights.
(1 ) Residential street lighting shall be owned, installed, operated and maintained by the
electric utility company servicing the development. The city and the electric utility company shall
enter into a contractual agreement on the rate and maintenance of the street lighting system.
(2) It shall be the responsibility of the developer to:
45
(a) Reimburse the city for the operating cost of the street lighting system for a period
which will extend to one year after the utilities and improvements of the development have been
accepted by the city or until the time that 50 percent of the lots in the subdivision are occupied,
whichever is greater.
(b) Pay the electric utility company any costs incurred in the installation of the street
lighting units; and
(c) The above street lighting costs shall be guaranteed in the same manner as the other
development improvements and the city shall be entitled to draw upon the letter of credit posted herein
in the event of nonpayment.
(I) Storm sewer. The developer shall dedicate and survey all stormwater holding ponds as
required by the city. The developer shall be responsible for the storm sewer cleaning and holding pond
dredging, as required, by the city prior to or until the time that all primary buildings within the
subdivision are completed or two years after fmal acceptance of the streets by the city, whichever
occurs first.
(1) Site grading. The developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement
of site grading.
(K) Streetscape. The developer shall make provision that all gas, telephone and electric utilities
shall be installed to serve the development as per the city streetscape plan.
(L) Ground cover control. All unoccupied lots shall be maintained in a manner that ground cover
will not be allowed to grow more than 12 inches in height at any time. Should the developer not
respond within ten days to the city's request to cut the vegetation, the city shall take action to do so and
shall bill the developer. If the bill is not paid in 30 days, the cost of the maintenance shall be a lien
against the property and may be certified for collection with the real estate taxes, or at the option of the
City Council may be deducted from the developer's escrow deposit or letter of credit.
(M) Screening.
(1) The developer shall install as a part of the site grading a protective screen planting berm
in areas deemed appropriate and/or necessary by the City Council.
(2) The plantings will provide a minimum of 60 percent opacity year round and shall reach a
minimum of ten feet in height at the maturity. Deciduous shrubs shall be a minimum of 24 inches in
height, deciduous trees shall be a minimum of one inch caliper, and conifers shall be a minimum of
four feet in height at the time of planting. The landscape plan for the berm shall be submitted to and
reviewed by the city for approval.
(3) All plantings shall be warranted to be alive, of good quality and disease-free for a period
of 12 months or one growing year, whichever is greater after acceptance ofthe city streets and utilities.
The first planting replacement shall be warranted for 12 months from the time planting. The city shall
46
be entitled to draw upon the security posted herein for replacement of any plantings.
(4) Developer shall not enter into any agreements with the homeowners which provide for
installation of the boulevard trees by the homeowners.
(N) Insurance. Developer(s) and/or all its/their subcontractors shall take out and maintain, until
the city has accepted the private improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out of the
developer's work or the work of his or her subcontractors, or by one directly or indirectly employed by
any ofthem. Limits for bodily injury and death shall be not less than $500,000 or more. The city shall
be named as an additional insured on the policy, and the developer or all its subcontractors shall file
with the city a certificate evidencing coverage prior to the city signing the plat. The certificate shall
provide that the city must be given 30 days' advance written notice of the cancellation of the insurance.
The certificate may not contain any disclaimer for failure to give the required notice.
(0) Costs. Cost of developer's improvements, description and completion dates shall be described
in the development agreement.
f 153.44 IMPROVEMENT AND CONSTRUCTION; MISCELLANEOUS.
(A) Streets. The streets shall be graded if required by the Council to the grades and dimensions
shown on plans and profiles and approved by the Council, and shall include the following
improvements:
(1) Suitable drainage structures, culverts, storm sewers, ditches and related installations shall
be provided to ensure adequate drainage of all points along the streets. There shall be no surface or at
grade cross-street drainage;
(2) Concrete curbs and gutters will be required on all streets;
(3) The base course shall consist of latest Minnesota Department of Highways approved
material, bearing a seven-ton design and shall include a geotextile fabric mat as specified by the City
Engineer;
(4) Blacktop paving as specified by the City Engineer shall be required on all streets after
water distribution lines, storm sewers and sanitary sewers have been installed; and
(5) The boulevards shall receive three inches of topsoil and be sodded.
(B) Sidewalks. Paved sidewalks five feet wide of portland cement, concrete or asphalt concrete
may be required on one or both sides of streets designated as collectors or arterials.
(C) Storm drainage. The construction of a storm drainage system shall conform to the following
requirements:
47
(I) Drainage ditches or channels shall have a minimum gradient of one percent;
(2) Open watercourses shall have adequate capacity and erosion control to ensure safe and
healthful disposal of stormwater;
(3) When topsoil has been removed from the surface of a lot on a slope where erosion will
cause a displacement of loose material, the subdivider shall be required to seed or provide other means
to prevent the wash from damaging adjacent property or accumulating on street surfaces; and
(4) Design of storm drainage facilities shall be compatible with adjacent areas, including the
extension of abutting existing storm sewers. Design of all drainage structures shall be based on the 5-
year occurrence for design intensity using runoff coefficient and concentration times as determined by
the City Engineer.
(D) Water supply. Where public water supply is available, as determined by the Council, the
subdivider shall connect to the public water supply and construct a system of water mains with a
connection for each lot. The minimum size of water mains shall be six inches and the minimum size of
private water services shall be one inch. Water mains and services for commercial and industrial uses
or for the extension of major trunks shall be determined by the City Engineer. If private wells are to be
permitted, they shall be constructed in conformance with City Code and Minnesota Statutes and Rules.
(E) Sewers. All plats within the urban service area shall be connected to the municipal sewer
system.
(F) Utilities. Every lot in a subdivision shall be capable of being served by utilities, and
easements acceptable to the utility companies shall be provided. Electric, gas and other utility
distribution lines shall be installed within public rights-of-way or within properly designated
easements. All utilities in new subdivisions shall be placed underground. To the fullest extent possible,
underground utility lines shall be installed within the right-of-way adjacent to but not beneath existing
and proposed paved areas.
(I) Street name and traffic control signs. In single- and multiple-family developments, the
developer shall install all street name signs and traffic control signs as deemed necessary by the City
Engineer. In commercial and industrial developments, the developer shall install all street names signs
and traffic control signs as deemed necessary by the City Engineer.
(J) Sodding. The developer must sod the front yard, boulevard and side yards to the rear of the
structure on every lot-the balance of the lot shall be seeded. The required sodding and seeding shall be
placed prior to occupancy. An escrow deposit shall be submitted to the city in a dollar amount
sufficient to guarantee the required sodding.
153.45 PLANNED MANUFACTURED HOME DEVELOPMENTS
The following requirements shall apply onlv to manufactured home developments. parks and/or
cooperatives of a common owner( s) or ownership scheme. and/or which construct shared facilities. All
other of aspects of this chapter shall still apply. Operation of a planned manufacture home development
48
is subiect to the continuing licensing requirements of Minnesota Statutes Chapter 327. Loss of this
license is deemed a revocation of any .s::onditi~nal or interim use permit Branted ~y the City for_ the _ - -( Deletecl: special use
planned manufactured home development. All planned manufactured home developments shall include
the following:
(A) An off-street parking area of at least 440 square feet shall be provided for each manufactured
home. The parking area surface shall be of an impervious construction. No on-street parking will be
permitted in the planned manufactured home development.
(B) A utility enclosure having a minimum of ten feet by ten feet shall be provided by operator
and placed uniformly on each lot designated for a manufactured home.
(C) The operator shall construct a screened. common storage area. All boats. boat trailers. hauling
trailers and all other equipment not stored within a manufactured home or the utilitv enclosure shall be
stored in this separate area provided by the operator. As a condition of operation of the development
these items shall not be stored UDon a lot designated for any manufactured home nor upon the streets
within the planned manufactured home development.
(D) There shall be no exterior radio. television or satellite antennas except for a community-type
antenna for the use of all residents of the planned manufactured home development.
(E) Common overflow parking 10Us) (other than on-lot parking) shall be constructed in the
planned manufactured home development equal to a minimum of one space for each three
manufactured homes.
(G) There shall be no retail sales of manufactured homes or accessories thereto in the limits of the
planned manufactured home development.
(H) Each planned manufactured home development shall contain one or more enclosed facility
building(s) with space devoted to offices. storm shelter. laundry and recreational facilities. The
building shall be so designed so as to provide at least 12 square feet of space per manufactured home
lot. but in no case shall the building be less than 2.500 square feet.
(I) Each planned manufactured home development shall create an operational plan. This plan
shall address at least the following:
(l) Designate the licensee pursuant to Minnesota Statute 327.15. approved by the Minnesota
Department of Health.
(2) It shall set forth the means by which the licensee will continually adhere to the
requirements of this Chapter which apply to planned manufacture home developments.
(3) It shall be the duty of each licensee to keep a register containing a record of all
manufactured home owners and occupants located within the development. The licensee 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
49
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 development. The register shall contain the following
information:
(i) The name and address of each manufactured home occupant:
(ij) The name and address of the owner of each manufactured home:
vehicle:
(iii) The make. model. year and license number of each manufactured home and motor
(iv) The state. territory or country issuing the licenses: and
(v) The date of arrival and of departure of each manufactured home.
(4) The licensee shall designate or emplov a caretaker who shall be in charge at all times to
keep the planned manufactured home development. its facilities and equipment in a clean. orderlv and
sanitary condition. The attendant or caretaker shall be answerable. with the licensee. for the violation
of any provision of this Code or State law to which the licensee is subiect.
PLAT SPECIFICATIONS AND PROCEDURE
~ 153.55 GENERAL.
In a subdivision for residential use of less than five lots and where the lots abut existing public
roads and utilities, the Council may waive certain requirements such as topographic, street and utility
specifications; in that instance the information is not required.
~ 153.56 SKETCH PLAN.
The subdivider shall prepare a sketch plan to present to the Planning and Zoning Commission at
the advisory meeting. This plan may be drawn as a freehand pencil sketch and does not require precise
dimensions or any special sheet size. This sketch plan may be used to show the Commission the
location, proposed street and lot layout and any other significant features of the proposed subdivision.
~ 153.57 PRELIMINARY PLAT.
The following maps and data shall be submitted with the application for preliminary plat approval.
These maps and data may be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall be determined by the City
Engineer.
50
(A) Location map. A map of the proposed subdivision showing:
(1) Boundary lines of the proposed subdivision, clearly indicated;
(2) Existing zoning of the tract and adjacent properties;
(3) Total approximate acreage in the plan;
(4) Location, widths and names of all existing or previously platted streets or other public
ways, showing types of improvements, if any railroad and utility rights-of-way, parks and other public
open spaces, permanent building and structures, easements and section and corporate lines within the
tract and to a distance of 100 feet beyond the tract.
(B) Site map. A map of the proposed subdivision and all lands within 500 feet of its boundaries
showing:
(1) Contours of tile site at vertical intervals of two feet;
(2) Character and location of natural or artificial features existing on the land which would
affect the design of the subdivision, such as wooded areas, drainage ditches, direction and gradient of
ground slope, embankments, retaining walls, buildings or nonresidential usage of land;
(3) Names of owners of properties adjacentto the subdivision;
(4) Existing and proposed streets and rights-of-way, including widths and purposes;
(5) Existing and proposed easements, including widths and purposes;
(6) Utilities, including the size, capacity and facilities, water lines, gas mains and power
lines;
(7) Areas subject to periodic overflow of flood or stormwaters;
(8) Tract boundary lines by calculated distances and bearings; and
(9) Title, graphic scale, north point and date.
(C) Subdivision plat. A plat of a proposed subdivision drawn on an overlay of the topography at a
scale no smaller than 100 feet to one inch, showing:
(1) Proposed name of subdivision, which name shall not duplicate the names of any plat
heretofore recorded in the county;
(2) Location by section, town and range, or by other legal description;
51
(3) Names and addresses of owner and subdivider, and the names of the city planner, land
planning consultant or surveyor who prepared the plan;
(4) Street pattern, including the names (which shall not duplicate existing streets in the city
unless it is an extension of an existing street), widths of rights-of-way of streets, approximate length of
streets and widths of easements for alleys;
(5) Indication of the proposed storm runoff through use of arrows or notes;
(6) Layout of lots, including dimensions, square footage, numbers, front yard lines, building
setback lines on odd-shaped lots; location and widths of easements;
(7) Location and area of parcels of land to be dedicated or reserved for schools, parks,
playgrounds or other public or community use; and
(8) Legend, notes, graphic scale, north point and date.
(D) Engineering plans. Engineering plans prepared by a registered engineer for the proposed
subdivision may be requested by the City Engineer during the subdivision process and shall include but
not be limited to the following:
(1) Show location and invert elevations of proposed sanitary sewer on preliminary plat;
(2) Show storm sewer pipe, catch basins and invert elevations on proposed plat. Indicate
backyard drainage with arrows; and
(3) Show proposed street grades every 100 feet on preliminary plat.
(E) Restrictions. A draft of the protective covenants or private restrictions to be incorporated in
the final subdivision plat.
~ 153.58 FINAL PLAT.
(A) The fmal plat shall be drawn at a scale no smaller than 100 feet to one inch.
(B) The final plat shall show:
(1) Subdivision name, name and address of owner and subdivider, source of title of land as
shown by the books of the County Register of Deeds, graphic scale, north point, date and certificate of
approval of City Council;
(2) Survey data showing:
(a) Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, area to be reserved for public use and other important features.
52
Lot lines to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
(c) True angles and distances to the nearest established street lines or official monuments
(not less than 2), which shall be accurately described in the plat;
(d) Municipal, township, county or section lines accurately tied to the lines of the
subdivision by distances and angles;
(e) Radii, internal angles, points and curvatures and lengths of all arcs;
(t) Accurate location of all monuments. Pipes or steel rods shall be placed at the comers
of each lot and at each intersection of street centerlines;
(g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for
public use, or for the exclusive use of property owners within the subdivision with the purposes
indicated therein; and
(h) Certifications by a registered land surveyor, to the effect that the plat represents a
survey made by him or her and that monuments and markers shown thereon exist as located, and that
all dimensional and geodetic details are correct.
(C) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the
plat and the dedication of streets and other public areas.
(D) With submission of the fmal plat, ten copies of the plat map showing all addresses correctly
labeled shall be supplied to the Administrator for subsequent distribution to the utility companies, local
school districts, and Fire and Police Departments.
~ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
(A) General. The preliminary plat of the proposed subdivision must be approved by the Council
before any person, firm or corporation proposing a subdivision shall proceed with any grading and
improvements for streets or installation of public utilities. The fmal plat of the proposed subdivision
must be approved by the Council and recorded in accordance with the provisions hereof before any
person, firm or corporation proposing a subdivision shall sell, agree to sell, transfer, lease or otherwise
convey any lot, parcel or tract in a subdivision, or construct or commence the construction of any
building in a subdivision.
(B) Advisory meeting. A person or corporation desiring approval of a plat of a subdivision shall
appear before the Planning and Zoning Commission to discuss his or her proposal before filing an
application for preliminary plat approval. No fee or formal application is required for this meeting. Its
purpose is to save the subdivider time and money. The subdivider shall be prepared to discuss the
details of his or her proposed subdivision, including such items as the proposed use, existing features of
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the area, existing covenants, land characteristics, availability of community facilities and utilities, size
of development, play areas or public areas, proposed protective covenants, proposed utilities and street
improvements. The Commission will answer any questions from the subdivider and suggest
professional advice.
(C) Preliminary plat.
(1) Application. After the advisory meeting, the subdivider shall submit an application for
approval of a preliminary plat to the Administrator. The application shall be accompanied by the
following:
(a) Fifteen copies of all maps and data set forth in these regulations; and
(b) A certified check or money order in an amount to cover the scheduled preliminary
fees.
(2) Action by the Administrator. The developer should submit plans to the Administrator ten
days before the meeting to provide adequate time for review. The Administrator shall send one copy of
each of the maps and data to the City Engineer, the City Planner and members of the Planning and
Zoning Commission for review.
(3) Action by Commission. The Planning and Zoning Commission shall review the
preliminary plat and shall set a public hearing on the preliminary plat, the time and place to be
published in the official newspaper at least ten days before the day of the hearing. Following the
hearing, the Commission shall recommend approval or disapproval of the preliminary plat with any
changes and conditions as it may suggest and shall transmit its recommendations. The Commission
shall determine whether the proposed plat is consistent with the regulations specified in this chapter
and with the comprehensive plan of the city, and whether the proposed development will advance the
general welfare of the area and the city.
(4) Action by Council. Upon receipt of the recommendations of the Planning and Zoning
Commission, the Council shall consider the application and, after holding public hearings as it deems
desirable, shall approve or disapprove the application with changes of conditions, if any, as it may
deem appropriate. This may include the requirement for a development contract between the city and
the applicant; refusal of any of the changes or conditions shall constitute denial of the application by
the City Council. Failure of the applicant to notify the City Council of his or her acceptance or refusal
of the modifications to the preliminary plat constitute acceptance of these conditions. The City Council
shall approve or disapprove the plat within 120 days from the application by the subdivider unless the
city grants itself an automatic extension of time or the time period is otherwise extended by agreement.
(D) Final plat.
(1 ) Within 180 days from receiving the last required approval of the preliminary plat by the
City Council, the developer shall submit an application for fmal approval to the Administrator, as set
forth in these regulations. The application shall be accompanied by:
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(a) One copy of the plat which is to be recorded;
(b) Ten prints of the plat for city record;
(c) A certified check or money order in an amount to cover the final fees;
(d) A certificate that all improvements required by these regulations and all other
applicable city ordinances have been installed in strict accordance with the standards of construction of
the city; or a guarantee that the improvements will subsequently be installed by the owner, in the form
of a bond that will cover the cost of improvements as estimated by the City Engineer or Council.
Failure to provide this data within the 90-day period shall render null and void the approval of the
preliminary plat. An extension of this time period may be granted by the City Council on request of
the developer; and
(e) Final plat will not be approved until developer gets approval from Rice Creek
Watershed.
(2) Action by Administrator. The Administrator shall send one copy of each of the final data
to the City Attorney for review.
(3) Action by Council. Upon receipt of the reports of the City Engineer and City Attorney,
the Council shall consider approval of the final plat. Following approval by the Council, the Mayor or
other authorized person shall endorse the plat and the Administrator shall return it to the applicant. If
the fmal plat is not in substantial compliance with the regulations and conditions set forth, the
Administrator shall return the final plat to the applicant with an attached statement identifying the areas
of noncompliance. The City Council shall approve or disapprove the plat within 60 days of staff
reports.
(4) Recording. The subdivider shall present a copy of the approved final plat to the Register
of Deeds of the County. Unless the plat is duly recorded within 60 days from the date of fmal plat
approval, the city approval of the plat is void.
(5) Noncompliance. In the event the final plat as submitted for fmal approval is returned for
noncompliance:
(a) The applicant may treat the notification as denial of final approval;
(b) The applicant may resubmit the plan so it does comply with the regulations and
conditions set forth; or
( c) The applicant may file a written request for a hearing before the Council, unless he or
she has previously been heard by the Council.
ADMINISTRATION AND ENFORCEMENT
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~ 153.70 GENERAL.
(A) Administrator. The Administrator shall serve as the administrator who shall be responsible
for the administration of this chapter and shall:
(1) Administer the provisions of this chapter in accordance with its literal terms and
regulations;
(2) Collect the fees as established by resolution of the City Council;
(3) Maintain permanent and current records pertaining to this chapter, including but not
limited to maps, amendments, appeals and applications therefor; and
(4) Receive, file and forward petitions for appeals, amendments or other action to the
appropriate official bodies.
(B) Public hearing. Before acting on any subdivision plan or variance, the Planning and Zoning
Commission shall arrange for a public hearing thereon, after giving notice of the time and place in the
official newspaper of the city at least ten days prior to the day of the hearing.
(C) Variances. The Council may grant a variance upon receiving a report from the Planning and
Zoning Commission in any particular case where the subdivider can show that by reason of exceptional
topography or other physical conditions, the strict compliance with these or other physical conditions,
the strict compliance with these regulations could cause unnecessary hardship. Application for a
variance shall be made in writing by subdivider at the time the preliminary plat is filed with the
Administrator. A variance thus granted shall be recorded in resolution form entered in the minutes of
the Council setting forth the reason which justified the action.
(D) Inspection. When the plans of streets and other improvements have been approved as
provided in this chapter, the subdivider shall first notify the Administrator of his or her intention to
proceed with the construction or installation of the streets and improvements. Notification shall be
made at least 24 hours before any construction or installation shall commence, so as to give the city
officials an opportunity to inspect the site prior to commencement of work and to inspect installation or
construction of the streets and improvements during the course of work being performed. In order to
defray a part of the costs incurred by the city in inspecting the installation of improvements required by
this chapter, the subdivider shall, before he or she proceeds with any construction or installation,
present a certified check or money order made payable to the city in an amount equal to three percent
of the City Engineer's estimate of the cost of the improvements.
(E) Maintenance bond After the utilities and streets are approved, the developer shall furnish the
city with a 2-year maintenance bond equal to 25 percent of the construction costs. During the 2-year
maintenance bond period, the city will perform routine maintenance. Any unusual problems shall be
corrected by the developer. After two years, the City Engineer will inspect the utilities and streets. If
everything is acceptable, the city will accept full responsibility from that point on.
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(F) Building permits. No building permit shall be issued for the construction of any building,
structure or improvements to the land or any lot within a subdivision, as defined herein, which has been
approved for platting, until all requirements of this chapter and all provisions for street construction
and land improvement have been complied with in full. Furthermore, no building permit will be issued
for the construction of any building structure on any lot within the city which does not abut on a
publicly dedicated and maintained street.
~ 153.71 AMENDMENTS.
(A) In general. This chapter may be amended by following the procedure specified in this section.
(B) Initiation. An amendment may be initiated by the City Council, the Planning and Zoning
Commission or by the petition of a resident to the City Council. An amendment not initiated by the
Planning and Zoning Commission shall be referred to the Commission for study and report, and the
Council shall not act on the amendment until it has received the recommendation of the Planning
Commission or until 60 days have elapsed from the date of reference of the amendment without a
report by the Commission.
(C) Action by Commission. Before any amendment is adopted, the Planning and Zoning
Commission shall hold at least one public hearing thereon after a notice of the hearing has been
published in the official newspaper at least ten days before the hearing. Following the hearing, the
Planning and Zoning Commission shall make a report of its findings and unless the amendment has
been initiated by the Commission, and Commission determines not to recommend it to the Council, it
shall file a copy with the Administrator within 14 days of the meeting at which the date of the hearing
was concluded. When the amendment to the Commission. Failure of the Planning Commission so to
report on an amendment not initiated by it, is deemed to be approval by the Commission of the
amendment.
(D) Council action. Upon the filing of the report, or upon the failure of the Planning Commission
to file a report within the time prescribed by this section on an amendment proposed by petition or by
the Council, the City Council shall hold public hearings as it deems advisable. After the conclusion of
the hearings, if any, the Council shall act upon the request within 45 days to adopt the amendment or
any part thereof in any form as it deems advisable.
(E) Fee. Any person filing a petition requesting an amendment to this chapter shall pay a fee
according to the schedule established by the City Council. The fee is payable at the time of filing and
is not refundable.
~ 153.72 APPEALS.
The City Council shall. unless otherwise superseded by law. have the power and duty of hearing
and deciding appeals where it is alleged that there is an error in any order, requirement, decision or
determination made in the administration or enforcement of this chapter.
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(A) Procedure. An appeal for administrative review may be taken to the Council by any person,
firm or corporation or any city officer, department or agency affected by an adverse decision in the
administration or enforcement of this chapter. An appeal shall be taken by filing a notice of appeal
specifying the grounds thereof with the Administrator and the Council within 30 days after the
decision. If the appeal is not taken by the owner of the property which is the subject matter of the
decision appealed from, the notice shall not be so ftled until after it has been served upon the owner
either in person or by mail. The Administrator shall forthwith transmit to the Council all papers
constituting the record upon which the action appealed from was taken. An appeal for an
administrative review stays all proceedings, in furtherance of the action appealed from unless the
Administrator certifies to the Council that, by reason of facts stated in the certificate, a stay would in
his or her opinion cause imminent peril to life or property. In that case, the proceedings shall not be
stayed otherwise than by a restraining order granted by a court of competent jurisdiction. The Council
shall at its regular meeting after the ftling of an appeal to it from a decision set a date for hearing
thereon, which shall be not later than 60 days after the meeting. After hearing the oral or written views
of all interested persons, the Council shall make its decision at the same meeting or at a specified future
meeting thereof. The decision of the Council may be appealed to the County District Court.
(B) Fees. There shall be no fee charged for appeals.
~ 153.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
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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 Defmitions
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
I .~__1~~~~~_~~)~1~~?!~~~~~!~~~~~~~~~~~~__~________~___~___~___~___~____~_--
154.060 Commercial District (B-1)
154.061 through 154.069 reserved for future expansion
154.070 Industrial District (I-I)
154.071 through 154.079 reserved for future expansion
154.080 PubIiclInstitutional District (P-1)
154.081 through 154.089 reserved for future expansion
154.090 Mixed Use District (M-1)
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Deleted: _ 154.050 _ Mobile Home
Pari< District (R-M)I1
_ 154_051 _ Conditional use pennits'll
_ 154.052 _ Building permi~
_ 154.053 _ Site requirements'll
154.054 Mobile home pari< facilities
bui1ding'l/
154.055 Register of occupants'll
154.056 Supervision'll
. 154.057 _ Revocation ofpenni~
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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~~ _ _ _ _ _ _ _ _ ___ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J __1 Deleted: a
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
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 future 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
154.255 Documentation required
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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
Cross-reference:
Erosion Control, see Chapter 155
Sign Regulations, see Chapter 156
Editor's note:
This chapter, including appendix, was established by Ord 4, passed 8-23-2000, and subsequently
amended Since it was not possible to ascertain at codification which sections were modified by
which ordinances, the amending ordinances are listed as follows: Am. Ord passed 1-10-2001;
Am.
Ord. passed 6-27-2001; Am. Ord passed 8-22-2001; Am. Ord passed 11-14-2001; Am. Ord
passed 8-14-2002. Amending Ord 39 is set forth separately in Chapter 156.
GENERAL PROVISIONS
~ 154.001 TITLE; PURPOSE.
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(A) This chapter shall be known as the City Zoning Ordinance, except herein referred to as this
chapter.
(B) It is the purpose of this chapter to:
(1) Protect and promote public health, safety and general welfare;
(2) Protect the natural resources in the city;
(3) Establish land use patterns and development regulations consistent with the city
comprehensive plan;
(4) Prevent overcrowding of land;
(5) Limit congestion and promote safety in the public rights-of-way;
(6) Prevent the premature demand of public services;
(7) Stage development consistent with the efficient provision of public utilities and public
services;
(8) Maintain the small-town character and quality of living in the community;
(9) Establish compatibility of land uses in the city to protect existing investments and
property values;
(10) Promote opportunities for cohesive and compatible business development; and
(11) Establish guidelines and regulations to promote housing variety and quality living
environments.
~ 154.002 JURISDICTION.
The geographic jurisdiction of this chapter includes the entire area within the corporate limits of
the city. Land areas which may be added to the city by annexation, merger or other means shall be
classified R-l Rural Residential until the time that the City Council may rezone the added territory to
more appropriate classification.
~ 154.003 APPLICATION.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive
than comparable conditions imposed by any other regulation, the regulations which impose the higher
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standard or requirements shall prevail.
~ 154.004 SCOPE AND INTERPRETATION.
(A) Scope. No structure or part thereof shall be erected, converted, enlarged, reconstructed,
altered or moved without a,permit approved by the city. No structure or land shall be used for any
purpose or altered in any manner that is not in conformity with the provisions of this chapter. Unless
otherwise noted, no structure permitted under this chapter may be inhabited or occupied without a
certificate of occupancy issued by the city.
(B) Relationship to comprehensive plan. Interpretation and enforcement of the provisions of this
chapter are intended to be consistent with the implementation of goals, policies and land use elements
of the city comprehensive plan to the extent practical or required by law. The application of or
amendments to this chapter which are determined to be inconsistent with the comprehensive plan shall
require amendments to the comprehensive plan, this chapter or both.
(C) Minimum requirements. In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of the public health, safety and general
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.
(E) 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 6O-day time frame, the Council or Administrator may grant the
city an automatic 60 day extension of time and the administrator will notify an applicant in writing that
the action will be completed within 120 days of the date the application was accepted by the city. In
the event that multiple approvals are involved in any action, such as a site plan review requiring a
variance. conditional use..jnterim use. o! ~ ~l!i!lg~!<!il!~c!l.!l!ll~!l~l!l~l!t_r~quiril!g ~ .c()l!lPr:e!1~l!sl'~e_ _ _ _ _ _ -1 Deleted: interium
plan amendment, each action shall require a separate, independent time line for action.
(G) Other ordinances. The city has enacted or may enact other ordinances that may supplement
or supersede this chapter, including but not limited to the subdivision chapter, shoreland ordinance and
the adoption of building codes. Users of this chapter should contact the city to determine whether
certain provisions in this chapter are affected by other chapters or ordinances.
Cross-reference:
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Building Code adopted, see S 150.01
(Ord. 2d #8, amended 6/28/06)
~ 154.005 GENERAL INTERPRETATION.
For clarity and consistency in the understanding and application ofthis 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 ofthis chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning. Other words not included in this section shall have the
meaning dermed in Minnesota Statutes. Other words not so dermed shall have the meaning
customarily associated with them.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of remodeling,
maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or
seasonal closure.
ABUTTING. Having a common border with, or being separated from a common border by a
right-of-way, alley or easement.
ACCESSORY BUILDING. A subordinate structure detached from but located on the same lot as
the principal structure, the use of which is incidental and accessory to that of the principal structure.
ACCESSORY USE. A use incidental to and on the same lot as a principal use.
AGRICULTURE. The use ofland for agricultural purposes, including farming, dairying,
pasturage, agricultural horticulture, floriculture, viticulture and animal poultry husbandry and the
necessary accessory uses for packing, treating or storing the produce; provided, however, the operation
of any accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting
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property .
ALTERATION. Any change, addition or modification in construction or occupancy of an existing
structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building or
structure, such as bearing walls, columns, beams or girders; provided, however, the application of any
exterior siding to an existing building for the purpose of beautifying and modernizing shall not be
considered a STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices
used for the transmission or reception of electromagnetic waves external to or attached to the exterior
of any building.
APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a multiple-
family building, designed for occupancy by a single family.
APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a principal use or
building.
AREA IDENTIFICA TION 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 ofthe city.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating
equipment.
BUILDABLE AREA. The space remaining on a zoning lot after minimum yard and open space
requirements have been met.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons,
animal or chattel, and when the structure is divided by party walls without openings, each portion of
the building so separated shall be deemed a separate building.
BUILDING COVERAGE. See lot coverage.
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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 OfficiallInspector of the city upon
satisfactory fmal inspection of dwelling unit( s) or commercial building( s).
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth with the
intention of preparing real property for nonagricultural development purposes. This definition shall not
include the selective removal of non-native tree and shrub species when the soil is left relatively
undisturbed, removal of dead trees or normal mowing operations.
CLINIC. Any establishment where human patients are examined and treated by doctors or
dentists but not hospitalized overnight.
CLUB. Any establishment operated for social, recreational or educational purposes but open only
to members and not the general public.
CLUSTER HOUSING. The grouping of single-family dwellings within specified areas while
maintaining the same overall allowable density in that same area.
COMMERCIAL USE. An occupation, employment or enterprise that is carried on for profit by
the owner, lessee or licensee.
COMMISSION. The Planning and Zoning Commission 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.
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.
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CONTRACTOR'S YARD. An area where vehicles, equipment and/or construction materials and
supplies commonly used by building, excavation, roadway construction and similar contractors are
stored or serviced. The CONTRACTOR'S YARD includes both areas of outdoor storage and areas
confined within a completely enclosed building used in conjunction with a contractor's business.
COVERAGE. That portion of a lot covered by principal and accessory use structures.
CUL-DE-SAC. A local street, one end of which is closed and consists of a circular turnaround.
DAYCARE FACILITIES. A state-licensed daycare facility, as defined in M.S. Chapter 462, as
may be amended.
DECK A horizontal, unenclosed platform with or without attached railings, seats, trellises or
other features, attached or functionally related to a principal use or site.
DENSITY. The number of dwelling units permitted per net acre 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.
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.
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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.
FA9ADE. The exterior wall of a building exposed to a public view or that wall viewed by
persons not within the building.
F AMIL Y. 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 lOO-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.
FREESTANDING SIGN. Any sign supported by structures or supports that are permanently
anchored in the ground and that are independent from any building or structure.
FRONT or FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as
the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
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GARAGE, PRIVATE. Any accessory building or an accessory portion of a principal building
designed or used solely for the storage of motor vehicles, boats and other personal belongings which
are owned or used by the occupants of the building to which it is accessory
GLARE. A sensation of brightness within the visual field that causes annoyance, discomfort or
loss in visual performance and visibility.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk
within the area between the building and the property line, or when the property line is more than 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 roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a customary,
incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the
property or affect the residential character of the neighborhood.
HOTEL. A building occupied as more or less temporary abiding place of individuals who are
lodged with or without meals for compensation and in which there are more than 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.
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.
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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.
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;
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(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.
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 defined in M.S. ~
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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 ofa subdivision prepared for fIling of record pursuant to M.S.
Chapter 505 and containing all elements and requirements set forth in applicable local regulations
adopted pursuant to M.S. 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
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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-propelJed.
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 ofa public water
and a line parallel to it at a setback of 50 percent of the structure setback.
SIGN. See Chapter 152 of this code of ordinances.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property
that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State
Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions
of M.S. ~ 307.08, as amended. A historic site meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society. AlJ unplatted cemeteries are
automaticalJy considered to be SIGNIFICANT HISTORIC SITES,
STEEP SLOPE. Land where agricultural activity or development is either not recommended or
described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and
described in available county soil surveys or other technical reports, unless appropriate design and
construction techniques and farming practices are used in accordance with the provisions of this
chapter. Where specific information is not available, STEEP SLOPES are land having average slopes
over 12%, as measured over horizontal distances of 50 feet or more.
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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 of the story.
STREET ACCESS. A public thoroughfare which affords the principal means of abutting land.
STREET LINE. The legal line of demarcation between a street and abutting land.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or
structure, such as bearing walls, columns, beams or girders; provided, however, the application of any
exterior siding to an existing building for the purpose of beautifying and modernizing shall not be
considered a STRUCTURAL ALTERATION.
STRUCTURE. Anything constructed or erected, the use of which requires a location on the
ground or attached to something having a location on the ground, or an attachment to something having
a fIxed location on the ground; including, in addition to buildings, billboards, carports, porches, decks
and other building features, but not including sidewalks, drives, swingsets, enclosed play structures
under 50 square feet, fences and patios.
SUBDIVISION. See subdivision chapter.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel
supplies, coal, heavy equipment, feed and grain and similar goods. SUPPLY YARDS do not include
the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TOWNHOUSE. Single-family, attached units in structures housing 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 to~ed 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)
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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, fish houses, pump houses and detached decks.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land or is covered by shallow water. For purposes of this
definition, WETLANDS must have the following 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 ofhydrophytic vegetation typically adapted for life in saturated soil
conditions; and
(3) Under normal circumstances support a prevalence of that vegetation.
YARD. A required open space on a lot which is unoccupied and unobstructed from the ground
upward, except as otherwise provided for herein. The measurement of a YARD shall be construed as
the minimum horizontal distance between the lot line and the building line.
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YARD, FRONT. A yard extending across the full width of the front lot between side lot lines and
extending from the front property line to the depth required in the yard regulations of the district in
which the lot is located. On a comer lot, both street frontages shall be considered the front.
(Ord. 2d #5, amended 5/10/06)
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.
~~ 154.007-154.14 reserved for expansion
~ 154.100 DISTRICTS AND USE REGULA nONS
(A) Zoninf! mal). A map entitled Centeryille 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 keel> the map UP to date and to record each amendment thereto within 30 davs after
official publication of the ordinance adopting: the amendment.
(B) Intemretation of the zoninf! maD. 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
interoretation of the map upon the request of any person. Any person aggrieved by the inter:pretation
may appeal the interoretation to the Board of Appeals and Adiustments. The Board of Appeals and
Adiustments. in interoreting 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
per:pendicular 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 apvroximately 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
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(4) If. after the application of the foregoing rules. uncertainty still exists as to the exact
location of a zoning district boundary line. the boundary line shall be determined in a reasonable
manner. considering the history of uses of the propertY and the history of zoning ordinances and
amendments in the city as well as other relevant facts.
(C) Establishment of districts. For the purpose of this chapter. the city is hereby divided into the
following zoning districts:
(1) R-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:
(6) B-1 Commercial:
(7) 1-1 Industrial Park:
(8) P-l PubliclInstitutional:
(9) M-l Mixed Use: and
(10) M-2 Mixed Use Neighborhood District.
~ 154.110 RURAL RESIDENTIAL DISTRICT (R-l).
(A) Purpose. The purpose of the R-l District is to allow agricultural activities and nonsewered
residential dwellings as interim uses of the land. The city has limited vacant land for development and
all land in the city is planned for eventual urban uses. Because ofthe 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 -1 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:
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(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) Svecial requirements. Agricultural uses are permitted in the R-l District subiect to the
following reauirements:
(1) Feed lots. runs. pens and similar intensive Iv used facilities for animal raising and care
shall not be located within 300 feet of a neighboring property: and
(2) Accessorv farm buildings shall not be erected within 100 feet of a neighboring property.
6154.111 HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2A).
(A) PUr1Jose. It is intended that the R-2A District provide for higher-density single-familv
detached. attached and multiple-dwelJing 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
complementarv with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-familv detached dwelJings:
(2) Single-familv attached dwelJings with more than four dwelJing units per building:
(3) Accessorv uses:
(4) Public parks and recreation uses:
(5) Daycare facilitv:
(6) Residential facility: and
(7) Home occupations.
(B) Conditional uses.
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(1) Apartments or condominiums at a density not exceeding 12 units per acre.
6154.# 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 reauired 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.
(m Permitted uses and structures.
(1) Single-family detached dwellings:
(2) Single-family attached dwellings with two units:
(3) Accessory uses:
(4) Public parks and recreation facilities:
(5) Daycare facility:
(6) Residential facility: and
(7) Home occupations.
& 154.# SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-family. detached
residential opportunities in areas where public utilities are available and reauired for service. The
design and circulation of new residential areas are also intended to be complementary with and enhance
the communitv's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings:
(2) Accessory uses:
(3) Public parks and recreation facilities:
(4) Daycare facility:
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(5) Residential facility: and
(6) Home occupations.
(C) Special reauirements. 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 manufactured housing in subdivided developments. in safe.
attractive residential neighborhoods with all urban services and desired amenities as other residential
areas
(I) Manufactured homes shall not be parked on anv public street or on any tract of land
except as provided in this section. Emergencv or temporarY stopping or parking is permitted 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 regulations or ordinances for that public street.
(2) No more than one manufactured home may be located on any single parcel of land.
(3) The manufactured home bottom shall be constructed on a continuous perimeter footing
and foundation meeting the reQuirements of the Building Code for residential structures.
(D) Planned Unit Development Reauired. 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 ofthe
recommendation ofthe 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.
6154.# SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5).
(A) Purvose. 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 comolementary with and enhance the community's small-
town atmosphere.
(B) Permitted uses.
(1) Single-family detached dwellings:
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(2) Accessorv uses:
(3) Public parks and recreation uses:
(4) Daycare facility:
(5) Residential facility: and
(6) Home occupations.
&~ 154.115 THROUGH 154.119 RESERVED FOR FUTURE EXPANSION.
& 154.# COMMERCIAL DISTRICT (B-1).
(A) Purpose. It is intended that the B-1 District provide opportunities for retail and service
business uses which require larger development sites. highway visibility or highway access.
(B) General minimum requirements. The following minimum requirements. as set forth. shall
apply to all buildings that may be erected. converted or structurally altered in commercial districts.
(C) Off-street varkinf!. Off-street parking shall be Provided as required in this chapter.
(D) Bufftr 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 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 the building permit. subiect to extension by the City Council: and
(3) The screening shall be maintained after completion.
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(F) Landscavinf!. A minimum of ten oercent of any lot shall be green soace. Three oercent of
the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other
aooroyed ground cover. Landscaoed areas will continue to be maintained by the orooertv owner on a
continuous basis. Green areas within abutting street rights-of-way will also be maintained by the
prooerty 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 tyoe. auality and aooearance as the orincioal structure. The height
of an accessorv structure shall not exceed the height of the orincioal structure.
(H) Permitted encroachments. The following shall not be considered as encroachments on
setbacks subiect to other conditions within this chaoter: off-street oarking soaces. flues. belt course.
leaders. sills. oilaster. lintels. cornices. eayes. gutters. awnings. ooen terraces. service station pump
islands. open canopies. steps. chimneys. flagpoles. ornamental features. ooen fire escaoes. sidewalks
and fences. exceot as1rereinafter amended.
(I) Drivewavs.
(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 orooertv line from the comer right-of-way and
county line.
(2) Access drive onto county roads shall require a reyiew by the City Engineer. This review
shall be measured along the orooertv line from the comer right-of-way and county line.
(J) Refuse.
(I) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner
as to be out of yiew from the street. In no eyent shall containers or their enclosures be olaced or
maintained in a way to unreasonablv interfere with the use or enioyment ofadioining orooertv.
(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:
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(5) Eating and drinking establishments:
(6) Financial institutions:
(7) Personal and professional business offices:
(8) Public buildings:
(9) Barber/beautv 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 vards:
(4) Funeral homes and mortuaries:
(5) Animal clinics.
(M) Commercial exterior buildinf! materials.
(l) Except as otherwise regulated herein. the exterior wall surfaces of all new or exoanded
commercial buildings shall consist of face brick. finished block or other textured masonrv oroduct
approved bv the Planning and Zoning Commission.
(2) Exceptions to all masonry exteriors may be considered and approved bv the Planning and
Zoning Commission. provided the following findinl;!s are met:
(a) The combination of exterior materials is used as an architectural complement to the
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structure:
(b) The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood:
(c) Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed: and
(d) An exterior wall may be temporary and a future expansion area of a structure and be
subiect 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 Ref!Ulations Lot and Yard Reauirements
Si$!ns. see Chapter 152
&& 154.121 THROUGH 154.129 RESERVED FOR FUTURE EXPANSION.
& 154.# INDUSTRIAL DISTRICT (1-1).
(A) Purpose. It is intended that the 1-1 District provide opportunities for light manufacturing and
industrial uses. trade businesses. machine shops and other more extensive land uses.
(8) General minimum reauirements. The following minimum reauirements. 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 parkin$!. Off-street parking shall be provided as reauired by this chapter. All open
street parking areas haying more than six parking spaces shall be effectively screened by a wall. fence
of acceptable design or compact hedge along all sides which adioin or are directly across the street
from the property in a residential zone or institutional use. The wall. fence or hedge shall be
maintained in good condition. Plans for fencing shall be approved by the City Council. The fence shall
not be used for advertising purposes:
(E) Buffer zone between industrial and residential districts. Where the side yard of any industrial
district abuts a residential district. the minimum side yard setback shall be 60 feet. Parking of vehicles
will be permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall
be landscaped with screening provided along the side lot line to within 15 feet of any public right-of-
way.
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(F) Screeninfl reauirements. If the City Council reQuires any type of screening as a condition for
a variance or. conditional use. or interim use the applicant shall comply with the followin~ conditions:
(1) File a COpy of the screening plans with the Zoning Administrator:
(2) The screening. plantine: or construction. or both shall be complete within one year from
the date of building permit. subiect 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) Landscavinfl. A minimum of ten percent of any lot shall be ereen space. Three percent of
the surface area of the land within a parking area shall be landscaped with erass and shrubbery or other
aj)Proved ground cover. Landscaped areas will continue to be maintained bv the property owner on a
continuous basis. Green areas within abutting street rights-of-wav will also be maintained bv the
property owner. Additional landscaping regulations are set forth in & 154.116.
(H) Accessorv structures. Garages. accessory structures. screen walls and exposed areas of
retaining walls shall be of similar type. quality and apoearance as the principal structure. Accessory
structures shall complv 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 l'arking spaces. flues. belt course.
leaders. sills. pilaster. lintels. cornices. eaves. gutters. awnings. open terraces. seryice station pump
islands. open canopies. steps. chimneys. flagpoles. ornamental features. open fire escapes. sidewalks
and fences. except as hereinafter amended.
(n Drivewavs.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street
intersection. This distance shall be measured along the property line from the comer right-of-way line.
(2) Access drives onto county roads shall reQuire a review by the City Engineer.
(K) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner
as to be out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonablv interfere with the use or enjoyment of adjoining oroperty.
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(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 adiacent to
and/or visible from any public street. the facilities must be adequately screened.
(M) Storaf!e. For the vumose 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 storag:e:
(I) 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.
(I) 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.
(I) Truck terminals:
(2) Mini-storage:
(3) Kennels:
(4) Adult and Sexually oriented businesses as further regulated in this code.
(P) Industrial exterior buildinf! materials. Industrial buildings are reauired to be constructed of
brick. decorative block or approved textured masonry product. Pole bam type buildings are not
allowed. Buildings are required to have contrasting architectural features and must be designed to be
aesthetically pleasing.
Cross-reference:
87
Signs. see Chavter 152
Adult business licensing. see Chapter 110
~~ 154.131 THROUGH 154.139 RESERVED FOR FUTURE EXPANSION.
~ 154.# PUBLICIINSTITUTIONAL DISTRICT (P-l).
(A) Purpose. It is intended that the P-l District provide opportunities for government facilities.
schools. churches. hospitals. libraries and other similar public and institutional uses.
(B) Permitted uses.
(1) Government buildings. structures. facilities. utilities. rights-of-wav. easements. parks.
open spaces and vacant land: and
(2) Schools. churches. cultural and educational facilities and uses. libraries. hospitals and
health facilities.
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154.# MIXED USE DISTRICT (M-l).
(A) PUrlJose. It is intended that the M-l District imolement the "Master Plan and Development
Guidelines for Downtown Centerville." adopted by the City Council on Januarv 11. 2006 (the
"Redevelopment Plan"). and provide for the unique lavout and character of a traditional central
business district with retail. professional office. accessory residential and other mixed uses.
(B) Permitted uses.
(I) 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:
0) Professional. business. and health care o~
(4) Residences above the first 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.
(I) Existing uses that are not in conformance with this section mav 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-I District and surrounding residential neighborhoods. Redevelopment of
any parcel shall be accomplished by submitting application as a Planned Unit Development.
(3) 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.
(4) 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.
89
(5) 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.
(02d. #3. Amended 5110/06)
154.# MIXED USE NEIGHBORHOOD DISTRICT (M-2l.
(A) Purpose. It is intended that the M-2 District implement the "Master Plan and Development
Guidelines for Downtown Centerville." adopted by the City Council on Januarv 11. 2006 ("The
Redevelopment Plan"). and provide for higher density residential uses and accessory retain and office
uses to complement the adioining M-l District and existing neighborhoods.
. (B) Permitted Uses.
(1) Residential uses with a density between 12 and 30 units per acre.
lot.
(2) Ground level retail or offices UP to 25% of a structure. provided that the use is on a comer
(3) Public parks and buildings.
(C) Special Reauirements. 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 mav 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-2 District. adiacent M- I District and surrounding residential
neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a
Planned Unit Development.
(3) 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.
(4) The Redevelopment Plan establishes a shared parking plan. Applicants for permits shall
indicate how they will conform to the parking plan. including potential dedication of property for
shared parking or public parking lots. The city shall have broad discretion in detennining whether to
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accept ownership and maintenance of shared parking facilities. Maintenance of public parking and
other public facilities may be accomplished through creation of a Downtown Service District and may
include maintenance assessments or user fees.
(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 char~ed to the aRplicant.
(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-l
District.
(Ord. 2d #3. adopted 5/10/06)
&& 154.# THROUGH 154.109 RESERVED FOR FUTURE EXPANSION.
GENERAL REGULATIONS
~ 154L~QT !~QY!~I~~~.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deletecl: 015
(A) No lot of record shall be reduced in size below the district requirements in Table Qne of
Appendix A to this chapter.
(1) Table One shall state all setback that are specifically set forth by a provision of this Code.
otherwise all setback which are not defined by this Code are governed by the Building Code.
(2) The minimum ground floor size of any residential building shall be the minimum ground
floor SQuare footage set forth in Table One. If the shape or condition of the parcel prevents construction
of the reQuired minimum ground floor size. then the Planning and Zoning Commission may approve an
alternative minimum ground floor size so long as the entire structure has no less than 1.650 finished
square feet. The calculation of ground floor size shall be established as of the time a 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;
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(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 S 153.19
~ 154..tLN:Q~~Q~~Q~!~~ Jl~l);~ A~Q ~r~ll~TIJ~S~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - { Deleted: 016
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; and
(E) Normal maintenance of a nonconforming structure is permitted, including necessary
nonstructural repairs and incidental alterations, which do not extend or intensify the nonconforming
use.
(F) 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 regulations of flood-plaints or
shore land protection. If no building permit 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-conforming use status shall
cease and the land shall be used only in conformity with the allowed uses in the District.
(Ord. 2d #6, amended 5/24/06)
(G) Construction of one detached accessory building, not exceeding 200 square feet will be
considered an incidental alteration, and may be permitted in conjunction with a legal, non-conforming
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93
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 permitted in conjunction with a legal, non-conforming use, provided lot
coverage and other requirements of the district are complied with.
(Ord 2d #11, amended 7/26/06)
~ 154.017 HOME OCCUP A nONS.
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) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the premises, provided
all stock-in-trade is completely enclosed in the principal structure. Retail merchandise may not
constitute more than 50 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
(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 9 9 J
~ 154.JL~I.NG!-~:~ ~MI!- X !>W~!-!-!~~J!-~9-lLI~l~:t~~J~S~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: 018
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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....M:ll!fi_~i)~-M Pl~~i~t~;_ _ _ _ _ _ __ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ - -{ DeIetecI: District
(B) Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted;
(C) All newly constructed single-family detached dwellings shall have attached garages. Garages
may not be converted to habitable space without replacing the required garage;
(D) Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12
roof pitch and shall be covered with an approved 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
~ 154L~~~r!l~YJJ~J;.!-!~~~_~~!l_~lJ!~~J'J!1!~~._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ - -{ Deleted: 019
(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.
(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
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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:
(I) The building or structure is compatible in appearance, age and character with existing
buildings and structures in the area;
(2) The building or structure meets all code requirements for new buildings or structures;
(3) The building or structure is compatible with any other buildings or structures existing on
the same property; and
(4) The building or structure meets all other requirements of this chapter and any other city
ordinances.
~ 154.022 ACCESSORY STRUCTURES AND USES.
(,A) Ac~~ssqrx St~u...c!tg"~!!.. =- fi~!!..itj~nt~al y!~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - { Deleted: I
(ll_~~ Ill~!~ ~h.!l!1_~~ _ap~~s~~ry ).!l!I~ing~ ~e_l!e!,njf!e~_ ~n_l!DY_ !!il!gl~-fl!l!1ilY,_ 4.e!l!.c!t~<! ~~~u.~ng_1- - { Deleted: A
parcel located in any district except R-I. Combined aggregate square footage for accessory structures
shall not exceed 200 square feet or 2% of the lot area, whichever is greater.
(2) In no event may the combined square footage of accessory buildings exceed the square footage
of the main level of the principal structure, except in the R-t District.
(3) No accessory structure may be constructed on a parcel without a principal structure.
(4) No accessory structure shall be erected or located within any required yard other than the rear
95
yard.
(5) Accessory structures must have a minimum of a 5-foot interior side setback and a to-foot 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.
(6) In case an accessory structure is attached to the main building, it shall be made structurally a
part of the main building and shall comply in all respects with the requirements of this chapter
applicable to the main building.
(7) An accessory building, unless attached to and made a part of the main building, shall not be
closer than 6 feet to the main building, except as otherwise provided in this section.
(8) The total area of an attached accessory building (garage) shall be no greater 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.
(9) Swimming pools may exceed the size requirements for accessory structures, but shall not
exceed 50% of the rear yard.
(10) The side walls of an accessory building shall not exceed 10 feet in height and the overall
height of the structure shall not exceed 15 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.
(11) Arbors, trellises, balconies, breezeways, open porches, detached outdoor living rooms, and
heating equipment may be placed in a rear yard if it is at least 15 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.
(12) Neither building with metal roots and exterior walls and covering a total (exterior) area in
excess of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential
or mixed use district. Pole-type buildings and rigid frame structures with membrane roof or sides, are
also prohibited all zoning districts.
(13) Building exceeding 120 square feet shall be anchored to a concrete floating slab foundation.
(14) The exterior color and design of an accessory structure shall be similar to the principal
structure.
<ro ~~~~s~ory _S!rIJ~~U1:es!- !JqlY!f!.sj4e_n!i(l~ l!.s~~. _ The_ fo!19~~g_ s_~dll!c!s _ slt~1J !~gu!at~ !~e_ ~o.!l.st.!1!cJLo!l_ _ _ - -{ Deleted: 2
and maintenance of non-residential accessory structures:_AlI accessory structures shall be subject to
the same setback, height and exterior fmish regulations as a principal structure for the district in which
it is located.
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(Ord. 91, passed 3-8-2006)(Ord. 2d #5, amended 5/10/06)
(Q rf!~"!i!s~ Nt l!.c~~s~5>I)'_s!ry~~l?s_sP~lJ !l?~u!re .!l)~!I~~ILO! .?5>l!i!tgp~~i! fr~~_ t!t~ ~~~'_ _ _ _ _ _ _ _ _1- - -{ Deleted: 3
~ 154.023 SITE PLAN REVIEW REQUIRED.
(A) Review scheduling. For all land use applications or pennit 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.
~----------------------------~----------------------------------------- -
(B) Submittal requirements.
(1) Bounaary survey of parcel inCluding identification of aU monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and
curbing;
(3) Scaled identification of all setback dimensions from property lines;
(4) Scaled locations of all existing and proposed utilities and easements;
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes;
(7) Scaled site grading plans, including erosion and sedimentation control mechanisms and
procedures;
(8) Scaled delineations of any 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.
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- Deleted: Zoning Administrator or his or
her designee. The review shall take place
30 days prior to die desired Planning and
Zoning meeting. For example, if 8
property owner desires to have 8 proposal
presented to die Planning and Zoning
Commission in May, die application and
site plan need to be presented to die
Zoning Administrator or his or her
designee die first week in April. ,
(C) Review requirements.
(1) For actions that will require city review, applicants shall submitt~~e~ _s~t~ ~f~i!~pl!ll!~ _ _ _ _ _ - { Deleted: 16
with a required application form and appropriate fees to the Administrator for distribution. The City
may also reauire that plans be submitted in an acceptable electronic format. Site plans will be
evaluated for consistency with documentation requirements. Upon acceptance of the application, site
plans will be distributed to the appropriate city entity for review and recommendation.
(2) Action to approve, modify or deny site plan applications will be based upon consistency
of the application with the city's comprehensive plan, zoning chapter, other policies and official
controls and the compatibility of the proposed action with existing area land uses, existing area
investments and neighborhood character, capacity of public streets and utilities and future planned land
uses.
(0) 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 ofthe 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 fmished grade as specified except during inclement weather an escrow shall be deposited
with the city as approved in the fee schedule; and
(B) Prior to issuance of the occupancy permit, the lot shall be landscaped in a manner which
prevents erosion due to wind or water. Extensions may be granted at the Building Official's discretion.
~ 154.025 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
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99
99
Deletl!d: DISTRICTS AND USE
REGULATIONS\!
'II
'II
* 154.035 GENERAL PROVISIONS.'11
,
(A) Zoning map. A map entitled
Centerville Zoning Map is hereby
adopted by reference and declared to be
part of tIris chapter as the official zoning
map. This map shall be on permanent file
and available for public inspectioo in the
City Hall. It sha1l 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.'11
'1\
(B) . InlerprelOtion of the zoning map.
, Where due to the scale, lack of def::m
\ Delet1!d: special use
Deletl!d: conditional or interim use
,\ permit, the applicant shall comply02f
\ Insel18d: cooditional or interim
\ InserbId: use
, Deleted: * 154.070 INDUSTRIAL
:, DISTRICT(I-l).'11 em
, Deletl!d:
"
, Delet1!d: or
"
, Deletl!d:,
"
, Deletl!d: conditional use, or interim
II use
"
" Deleted:
,
" Deleb1d: or specia1 use
,
" Delet1!d: permit, the applicant shall
,:' comply with the following conditir':::r4r
" Insel18d:,
,
'; InseI18d:. conditional use,
", Insel18d: or
",
~, Insel18d: interim use,
"
,~ Deletl!d:,
"
" Comment: M-2 is missing. DL
"
" Deletl!d: 154.090 MIXED USE
',~ DISTRICT (M-I). ~ r:::r5l
" Deleted: 110
,
" DeIebId: entirely upon the property
,
, DeIebId: If the adjoining property
, owner does not agree to the erectif::r61
, Deleted: along the side lot ~~
\ residentia1lot between the street ...
DeIetecI: Fencing in
commerciallinduslrial zoning sbaIf ... rSl
shall be displayed from a permanent mounting on the property so that they are clearly visible from the
street of address.
I
I
I
I
I
I
:~~-~~~:::~~-~~~:~:~:~~:~~:~~~::::::~:~~~:~~:::~::~:::~:~~~~:~::~:~:~~;[
,~\\
i ,~
-----------------------------------~---------------------------------, ~~
I ~\\
~ lS4U_~~(:~~"__ __ _ _ u _ __ ___ _ _ _ _ u _u _u _ u u _ _ u _u_ u _ _ _ __ u ___ _ u __ _ __\ \':::;,
,\ \\'11
I IIIII
(A) General regulations. ,\ ":",
~11l\ II \
llfl\\\
(1) All fences shall be located.;! minim!:,m of two feet from any ~rty line of)!t~ ft!.n~~ - - -, ~Z~'\',,,
owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on ":7.~~:",
the property line of the respective properties. This agreement shall be submitted at the time of building : ',:~~:,"
permit application. y_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ :\t~,~:,','
I llr.~l\\\l
j I jr~\ II
(a) Fences shall be located a minimum of two feet from a property line adjoining a street ; ~I~'~;~"
right of way and may not be located in any drainage or utilitv easement except ' ,:\~~:,~',
where permission has been granted bv the City through an encroachment agreement. ~ :\~~~~',
11~"'\11
,"l,"
(QlNo fence other than a decorative fence may be constructed in a front varcl ~~ .!l~~d_ _ _ ',', :\~~~,
herein, the term DECORATIVE FENCE means a wrought iron fence. wood or ' "",',
- \ 1\1,1
vinyl vertical post and wood horizontal rail fence with no more than three rails or a " ',~~'\~,
wood or vinvl picket type fence with at least two inches of open space between each """,
f 1\1_~1
picket. All decorative fences shall have at least 40% of the surface area 0 the fence "',,"
\1 '~~
open. ' "'",~
\ 1\ \ ~~
II Illll~
(2) No residential fence may exceed six feet in height and no decorative fence in the front " ;~~:~
yard may exceed 36 inches in height. .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ',;:;:
(a.) Where a comer lot abuts an adjacent propertY's front yard. the fence shall be set" ",~:
back a minimum of I 0 feet from the adjoining property line. unless the fence is a ' "',::
decorative fence not exceeding three feet in height. " ',:
, ,
\ 11\
, "
, "
, ,
, ,
, ,
" ,
\
,
,
,
,
(b.)Residential comer lots shall onlv have one front yard for the puroose 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.
(d.)Anv fence that is not a decorative fence shall be set back behind a line between a .
point ten feet behind the outermost front comer of the principal structure and the
nearest point on the adioining side \Jropertv line.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ - -{ Deleted:
(3) All fences shall be constructed and maintained in a substantial, workmanlike manner and
of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence
shall be constructed so that the side containing the framing supports and cross-pieces face the interior
of the fence owner's lot. Any fence which does not comply with the provisions of this section or which
endangers the public safety, health or welfare shall be considered a public nuisance.
(B) Snow-stop fencing. Snow-stop fencing may be used from November ~~o_~pr!lyt in R-l _ __ --1 Deleted: one
Districts. No permit shall be required for snow stop fencinl?y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ - Deleted: temporaryfencing
(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 mav 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. A swimming pool shall be considered permanent if
it has a connected 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 5-11-2005)
fifi 154.tLT!lRQ1J~R!~~L~_S~I!Y~!>J!'Q~J~'1JT!J~~_~~~~I9~._ - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _" = = 1 Deleted: 111
Deleted: 119
fi 154.tLJ!lftG!lr~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: 120
(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:
100
101
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.
.______________________________________________________________________1--
Deleted: 1I11 154.121 THROUGH
154.129 RESERVED FOR FUTURE
EXPANSION.
~ 154JLJ:'. ~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- - -{ Deleted: 130
(A) General requirements. The minimum depths of front yard, rear yard and side yard for each
district shall be as defmed in the schedule of regulations and conform to the following additional
regulations:
(1) All structures, whether attached to the principal structure or not, and whether open or
enclosed, including porches, carports, balconies or platforms above normal grade level shall not project
into any minimum front, side or rear yard;
(2) Lots which abut on more than one street shall provide the required front yards along each
street for the principal structure and for any accessory building,; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- -
(3) Any principal structure situated on lands contiguous to or abutting any portion of the
public lakes in the city shall maintain yard setbacks of75 feet from the lake. Where adjacent structures
have yard setbacks different from these requirements, the minimum setback from the lake shall be the
average setback of the adjacent structures to a minimum of 50 feet; and See also Floodplain Chapter
and additional requirements for shore lands.
(4) The minimum side or rear yard depths for the following nonresidential structures or uses
which abut any lot in any residential district shall be:
(a) Off-street parking spaces and access drives for nonresidential uses, 20 feet where
abutting a single family use or zone;
(b) Churches, schools and public or semi-public structures, 40 feet; and
(c) Recreation facilities, entertainment facilities, all business uses and all industrial uses,
60 feet.
(B) Computingfront yards. For the purpose of computing front yard dimensions, measurements
shall be taken from the nearest point of the front wall of the building to the street right-of-way line
subject to the following qualifIcations:
101
Deleted: . Side yard setbacks for an
acceSSOlY structure will apply to the
frontage that is not considered to be the
required front yard
(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;
(Ord 2d #7, amended 6/14/06)
(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 gr.ow 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 entrance of
the use it will serve. A properly drawn legal instrument, approved by the city, executed by the parties
concerned, for joint use of the off-street parking facilities shall be filed with the County Recorder's
office.
~~ 154.JLT!lRQlJ~!:t !~'tJL~~~I!Y~!>J~'Q!{J~~lJTYAA ~~ A~~lQl~._ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ ~ :: -1 Deleted: 131
- Deleted: 139
~ 154.JLS!~_~lA~ ~~.QytSJ().N~ ~J.A 1:F;Il_1:Q ~~Y~!-()!M~!'lJ'_ Q~ ~lJ!~Il!~~_Q!'l_ _ _ _ _ _ _ _ _ - -{ Deleted: 140
LANDS WlTHIN 100 FEET OF CENTERVlLLE LAKE, PELTlER 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
102
103
land above the ordinary high water level of public waters can be used to meet lot area standards, and lot
width standards must be met at both the ordinary high water level and at the building line.
(B) All shoreland development shall meet the following standards:
(1) The minimum lot size shall be 15,000 square feet, not less than 100 feet in width, each
building must be set back at least 75 feet from the ordinary high water level for lands adjoining a lake;
(2) Minimum lot size shall be 15,000, 100 feet in width and set back at least 50 feet from the
ordinary high water lever for Clearwater Creek;
(3) Each building must be connected to the city water and sanitary sewer systems;
(4) Watercraft docking facilities shall be placed a minimum 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;
(3) The structure or facility must be treated to reduce visibility as viewed from public waters
and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer,
leaf-on conditions;
(4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a
storage area;
(5) The structure or facility must not be designed or used for human habitation and must not
contain water supply or sewage treatment facilities; and
(D) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent
bank slumping, and protect fish and wildlife habitat.
(1) Vegetation alterations.
103
(a) Vegetation alteration necessary for the construction of public utilities and the
construction of roads and parking areas regulated by this ordinance are exempt from the vegetation
alteration standards that follow.
(b) Removal or alteration of vegetation is allowed subject to the following standards:
1. Intensive vegetation clearing within 50 feet of the ordinary high water line is not
allowed, except where a permit has been issued for topographic alterations, the city may allow a
substitute landscape screening plan with a goal of 60 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 75 feet of a lake and within 50 feet of
Clearwater Creek; and
(b) The following considerations and conditions must be adhered to during the issuance
of construction permits, grading and filling permits, conditional use permits, variances and subdivision
approvals:
I. 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;
104
105
4. Methods to minimize soil erosion and to trap sediments before they reaCh any
surface water feature must be used;
5. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water conservation districts and the
United States Department of Agriculture, Natural Resource Conservation Service (NRCS);
6. Fill or excavated material must not be placed in a manner that creates an
unstable slope;
7. Any alterations below the ordinary high water level of public waters must first
be authorized by the Commissioner ofDNR under M.S. ~ 103G.245;
8. Alterations of topography must only be allowed if they are accessory to
permitted or condition~l uses and do not adversely affect adjacent or nearby properties.
(E) Additional standards for commercial uses.
(I) 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
105
warer~__________________________________________________________________---1~:;Md
I ~~ 154JL 1'!lRQl]~R !~~L~_SJ!:J!~!>J~Q~J~l]TIJ~~ ~~ A~~I!.l~. _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" = = 1 Deleted: 141
Deleted: 149
~ 154,JL Q1'!I~R ~T ~J!~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -1 Deleted: 150
(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 matrer from any use shall be in compliance with
and regulated by Minnesota Pollution Control Agency Rules.
(C) Noise and vibrations. Noise and vibrations generared 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 exrerior 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 generared on any premises shall be kept in
containers designed for wasre collection and stored in a structure or within an approved enclosed or
screened area. The accumulation, storage, processing or disposal of wasre, 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 minures.
These provisions applicable to visible gray smoke of a different color but with an equivalent capacity.
(G) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations that are
noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum
Allowable Concentration for 8-hour day, five days per week), Table m (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.
106
107
(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 requmng 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:
(I) Residential districts._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1- -
(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 of35 feet:
l. Boat;
2. Camper;
3. Motor home;
4. Snowmobiles;
107
Deleted: and dwellings in the M-l
Districts
5. Personal watercraft;
6. Personal utility trailer;
7. Ice house; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments
and monuments;
(e) Temporary storage of materials and equipment during construction and landscaping;
and
(f) Lakeshore properties can store the following items of personal property within 50
feet of the shoreline during the months from September to May: docks, boat lifts, swim rafts, slides and
other swimming equipment.
(2) Commercial/industrial districts. Storage of products, materials and equipment,
excluding rubbish or junk, which is necessary to an approved business operation in a commercial or
industrial district, and which is completely screened from adjoining properties and rights-of-way. The
site plan review process is required to determine the appropriateness for storage permitted in this
section, surfacing required for the storage area and the screening require(t ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ ~
Penalty, see ~ 154.999
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.
~~1544LT~~_QQ~J!!~~~~~~~Y~~_~Q~_~QTY~_~~~~~I~~~___________________
I
I
~154~'Y95!~~~~J!~r~~~Y~r!Q~~______________________________________,~
I II
",
I ,I
, "
",
I ,I
"
I
,
I
Deleted:. The site plan review process
requires a hearing before the Planning
and Zoning Committee and lIle City
Council. Outside display of vehicles,
equipment and merchandise fur direct
sale to consumers when the outside
display is customary and necessary to the
trade and is a pennitted use wilhin 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. 11
I Deleted: 151
\
I Deleted: 159
Deleted: 160
~~ 1544LT~RQIJ~J!!~4.~I~~S_~l!Y~~_~Q~_~l1TY~~~~AN~I~~._ _ ~ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _":: = 1 Deleted: 161
Deleted: 169
~ 154~PAI!t<!-I~'~_~QJJ)~J~1~~XS-" _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _- _ - i Deleted: 170
(A) Requirements in general. The following table illustrates the minimum number of parking
108
109
spaces required for various uses permitted in the city. The city mav modify minimum parking
reQuirements in the M-l District. as part of the planned unit development approval process. if it is
determined that the use is consistent with the pUI:POse of the district and that parking is determined by
the City to be sufficient to accommodate the use.
Uses
Minimum Parking ReQuired Residential
2/dwelling unit
1/3 seats in largest assemblv room
1/classroom plus 1/3 seats in largest assembly
1/3 seats
1/3 seats
5/1.000 SQ. ft. grOSS floor space
6/1.000 SQ. ft. gross floor area
7/1.000 SQ. ft. grOSS floor area
4/1.000 SQ. ft. gross floor area
3/1.000 sq. ft. gross floor area
3/1.000 SQ. ft. gross floor area
2/1.000 sq. ft. gross floor area
5/stacking ver bay
5 stacking plus 1/3 seats
-
I
I
I
Churches
Schools
Theaters
Restaurants
Offices
Retail
Convenience stores
General services
Trade businesses
Manufacturing
Other industrial or warehousing
Car washes
Drive-up restaurants
(B) Off-street parking. When a building or structure is enlarged. additional off-street parking shall be
reQuired only with respect to the additional usable floor area.
(C) Change in the Use of a Building or Structure. An off-street parking area shall not be changed to
anv other use until equal off-street parking is provided elsewhere. No parking area used or designated
in connection with a building or structure 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.
(D) Off-street parking and loading zones. No building or structure 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 ofthis chapter. The number of off-street parking spaces provided
shall be at least the minimum number provided in the schedule contained in this section.
(m Notwithstanding the minimum number of parking spaces as defined by this section. a conditional
use permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the
applicant that the use will not reQuire the number of spaces indicated. In the event a conditional use
permit is granted. a condition may be imposed to require that the land normally dedicated to parking
shall be held in a landscaped reserve that can be used for parking in the event the use or parking needs
should change. A landscape reserve should equal the amount of land necessary to support the number
of parking spaces required to serve any more restrictive parking use of the building or structure
permitted by the applicable zoning district and building codes.
(F) Parking spaces may be located on a lot other than that containing the principal use. subiect to
109
issuance of a conditional use permit.
(G) Off-street loadin!l. A loading; space shall have minimum dimensions of not less than 12 feet in
width. 50 feet in lenllth. 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 floods 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 required yard adioinin!l any
residential use. ReQuired off-street loading space shall not be included as off-street parking space in
computing required off-street parking s\)ace. Vehicles utilizing this loading soace shall not proiect into
the public right-of-way.
(H) 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.
(I) Uses not mentioned. For any use not specifically mentioned in the schedule of off-street parking
and loading reQuirements. the number of spaces reQuired should be that required for that use named in
the schedule which is determined by the Planning and Zoning Commission to be most similar.
(1) 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 curbin!l. and shall be so designed. maintained and re!lulated that no oarking 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 vehicle.
(K) 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. excludin!l R -1 Districts. All parking and loading areas shall provide for proper drainage
of surface water to prevent the drainage of the water onto adiacent 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. Parkin!l spaces shall be a minimum of nine feet wide and 18 feet deep.
(L) Access. All off-street parkin!l areas shall have access from driveways rather than from public
streets. and except by conditional use permit. the driveway access shall be limited to 24 feet in width at
the curb line.
(M) ReQuirements For Mixed-Uses. If a building or structure contains a mixture of uses as dermed by
paragraphs (A) and (I). the minimum number of parking spaces reQuired for the entire building or
structure shall be calculated for the most restrictive parking use as permitted by the applicable zoning
district and building codes.
110
111
:--:::::::::-:---::::::::-----::::::::----::::::::-----::::::::-:--::::t"~
(Oed. 2d #19, amended 6-27-2007) ~:.'\\
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~~ 154~'t1!~9J1.GR 1_5~~1}' J!Ij;~Ij;~Y~l-! !1'9~ !1'YJ'JL~ ~~ ~~~!Q~~ _ _ _ _ _ _ _ _ _ _ _ _ _ ~I ~\\:\
- - ~~~ \::\\ \
~ [I III \
fIll
~ 154L~~~!l~~~KI~Q._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _':r,~ '::,\
I II III
I'll III
(A) Minimum quantities. ',: " ''''
11 ~~ \
\Itl \
~ ~ 1\
~ I \~
~ ~ \1
II II~
I'll
11 \1
1\ II
1III
'I ~ II
'11"1
II ~ II
II
1111
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II [I
11[\
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III
II
II
II
II
II
II
"
,I
II
,I
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II
,
,
(1) All new development activities, including site modifications or use intensifications, shall
be subject to landscaping improvements.
(2) The following table illustrates guidelines within each zoning district:
District Overstory Trees Foundation Plantingl
R-l 2 trees/unit/street frontage 1 None
R-2, R-4 and R-5 2 trees/unit/open space exposure2 None
R-2A 8 trees plus two trees/unie None
111
Deleted: Parlcing spaces may be located
on a lot o1her 1han 1hat containing 1he
principal use wi1h 1he approval of1he
City COImcil.
Deleted: "
,
. . (1) . Change in Use of a Building 07
Structure
\
\ DeIet2d: facilities
DeIet2d:. An off-street parking area
shall not be changed to any o1her use
, I until equal off-street parking is
Inserted: Use of a Building 07
, Structure
"
," Insertllcl: off-street parlcing is
I DeIet2d: facilities are
\
Deleted: provided elsewhere. No
parlcing area used or designated in
connection wi1h a building in existence
on 1he effective date oftllis chapter shall
be reduced to provide fewer 1han 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 wi1h 1he provisions of this
I chapter. The number of off-street parlring
" spaces provided shall be at least 1he
II minimum number provided in 1he
~I schedule contained in this section.
I DeIetecI:
DeIetecI: (M) Requirements For Mixed-
Uses. If a building or structure contains a
mixture ofuses as defined by paragraphs
(A) and (I11he minimum number of
I parking spaces required for 1he entire
, building or structure shall be calculated
II for 1he most restrictive parking use as
,I permitted by 1he applicable zoning
',\ district and building codes.'
\ Deleted: 171
Deleted: 180
District
Overstory Trees
Foundation Plantings4
B-1
8 trees or 1/3,000 sq. ft. site areas
1/10 ft. building and parking area
M-I and M-2
8 trees or 1/3,000 sq. ft. site areas
1/10 ft. building and parking area
I-I
8 trees or 1/3,000 sq. ft. site areas
1/10 ft. building and parking area
P-I
8 trees or 1/3,000 sq. ft. site area'
1/10 ft. building and parking area
NOTES:
1 Trees shall be deciduous and planted.o!ft!1~ !>()I!l~~~~ !>!l1 i!1_~~ fr<>l!t_Y8!<! ~~~'_ _ _ _ _ _ _ _ _ _ _ _ _ _
2 Trees shall be deciduous. Unit exposures with street frontage shall be plantedJn the front yard area. _
3 Tree spacing must include trees at the boulevard at minimum 50-foot intervals.
4 The calculation for the number of foundation plantings is based upon one planting for each lineal
foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed
at 10-foot intervals.
S 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.
112
- Deleted: at the boulevard, except on
culs-de-sac where ODe of 1I1e required
trees may be planred
Deleted: at 1I1e boulevard
113
(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
1/3 the mature spread and height of typical growth habits.
(3) ,Front-yard tr~e!,- All.[ront-vard !r~~s_sJt~lJ!>~ !t~_d~_~~ ~l1l!(te_t!:~~ ~~ !1~'Y~rll!& t!"~e~~ __
Required trees should be planted in the front vard. out of the right ofwav and a minimum of 15 feet \
from the curb line and shall not be planted in a manner that interferes with anv current or planned
utility line. Trees mav not be planted under a power line except low growing varieties approved bv the
Citv for such locations.
(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 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. - 1
~------------~--------------------------------------------------------- --
PLANNED UNIT DEVELOPMENTS
~lS4~Q~~~T!~~~____________________________________________________,1
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;
113
,
,
\ ,
\
\
\
\
\
Deleted: Boulevard
Deletecl: boulevard
Deletecl: Where oveIhead utility lines
exists, only low growing varieties
approved fur planting under utility lines
sball be allowed.
\
Inserted: Where oveIhead utility lines
exists, only low growing varieties
approved for planting under utility lines
shall be allowed.
\
\
\
\
\
\
\
Deleted: t 154.181 TREE
PLANTING,
,
_ Required trees sbonld be planted in 1he
front yard out of1he right of way and a
minimmn of 15 feet from 1he curb line
and sbaII not be planted in a manner lhat
interferes wi1h any current or planned
utility line. Trees may not be planted
under a power line except low growing
varieties approved by lhe City for such
locations.
DeIetecI: 200
(C) A development pattern which preserves and utilizes natural features, trees and other
vegetation, and prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter utilities and
streets; and
(E) A development pattern in harmony with land use density, transportation facilities and
community facilities objectives of the comprehensive plan.
~~ 154..tL'!'!lRQlT9R !~~.t.J~~S~I!Y~!>)i:Q~J:lT'!'P~ ~~AN~I!-!~._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -0::: =~ Deleted: 201
Deleted: 209
~ 154.210 GENERAL REQUIREMENTS.
A ,ponditional or interim use J>~!I!li! ~~l!i! ~~ !~~.!r~~ _of .!l!l J>1l!fl!l~~ _u!l!t _d_ey~I~Pl!l~l!t~._ JJt~ _city _ _ _ - -{ Deleted: special use
may approve the PUD only if it finds the development satisfies all the following standards:
(A) The development shall be planned so that it is consistent with the city comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities on the project
site and the development plan provides for the preservation of unique natural amenities such as
streams, stream banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development proposal appears to harmonize with both existing and proposed
development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and scheduled to be
developed as 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 plau'sk _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: n
114
115
(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 nonresidential1ISe 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.
~ 154.221 RELATIONSHIP 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.
115
. ~ 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 equiyalent 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 of this subchapter
and the character of the proposed PUD.
~ 154.227 OPEN SPACE.
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.
116
117
When a PUD includes commercial uses, commercial buildings shall be planned as groups having
common parking areas and common ingress and egress points. Each commercial area shall be
separated from abutting residential areas by appropriate screens or fences. The design of commercial
areas shall provide for the integrated and harmonious design of buildings and for adequate and properly
arranged facilities for internal traffic, circulation, landscaping and other features and facilities as may
be necessary to make the areas attractive and efficient from the standpoint of adjacent noncommercial
areas. Any area which is not to be immediately improved or developed shall be landscaped or
otherwise maintained in a neat and orderly manner as specified by the city.
fifi 154.231 THROUGH 154.239 RESERVED FOR FUTURE EXPANSION.
fi 154.240 ARRANGEMENT OF INDUSTRIAL USES.
many PUD including industrial uses, the industrial Uses shall be-provided in park-like
surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas,
loading areas and outdoor storage of raw materials or products. An industrial area in a PUD shall
provide for the harmonious design of buildings and a compact grouping in order to economize in the
provisions of required utility services. Streets in a planned industrial area shall be kept to a minimum
in order to reduce traffic. All spaces between the right-of-way line and the industrial building line and
all intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped
with trees and plantings and properly maintained.
fifi 154.241 THROUGH 154.249 RESERVED FOR FUTURE EXPANSION.
fi 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.
fi 154.251 APPLICATION.
117
(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;
(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 govermnental services will be provided to
the development; and
118
L
119
(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 ~er time agreed to by the applicant, the Planning and Zoning Commission shall
recommend approval or disapproval of the preliminary proposal with any changes and conditions as it
may suggest and shall transmit its recommendations to the City Council. In its recommendations the
Commission shall determine whether the proposed PUD is consistent with the objectives for PUDs
specified in ~ 154.065 and with the comprehensive land use plan of the city; and whether the benefits,
combination of various land uses, if proposed, and the interrelationship with the land uses in the
surrounding area justify the deviation from standard district regulations allowed by this chapter for
PUDs.
(B) By City Council. Upon receipt of the recommendations of the Planning and Zoning
Commission, the Council shall consider the application and, after holding the public hearing as it
deems desirable, shall approve or disapprove the application with the changes or conditions, if any, as
it may deem appropriate. Refusal of any changes or conditions shall constitute denial of the plans by
the City Council. Failure of the landowner to notify the City Council of his or her acceptance or
refusal of the modification to the plan constitutes acceptance of these conditions. No building permits
may be issued on land within the PUD until final plans for the development have been approved by the
City Council under the procedures provided in the following sections.
~ 154.253 pun 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.
119
~ 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 DOCUMENTATION REQUIRED.
The final 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;
(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 ofland use to be allocated to the several parts ofthe 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
120
121
protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council for the
particular PUD.
~ 154.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council on an
application for review and approval of the final plan for a PUD shall be the same as prescribed by this
subchapter for the action on the preliminary proposal. In giving approval, the Council may specify the
length of time within which construction of the project must be begun or completed, and it may attach
other conditions as seem necessary. The final development plan shall be in general conformance with
the preliminary development plan as approved.
(B) (1) Criteriafor apprava/. The findings 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 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
121
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 required by
changes in conditions that have occurred since the final plan was approved or by changes in the
development policy of the city.
(A) Minor changes in the location, siting, and height of buildings and structures may be authorized
by the City Engineer if requested by engineering or other unforeseen circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be authorized by
the City Council under procedures outlined for amendment of this chapter.
~ 154.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning Commission on the final
development plan. Thereafter, the use of land and the construction, modification or alteration of any
buildings shall be governed by the approved fmal development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be authorized by
the Planning and Zoning Commission if they are consistent with the intent and purpose of the final plan
and do not increase the cube of any building or structure by more than 10%; and
(2) Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the fmal development plan may be
122
123
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 final 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. Ifhe or she shall
fmd that the rate of construction of dwelling units is greater than the rate at which common open spaces
and public and recreational facilities have been constructed and provided, he or she shall forward this
information to the City Council, which may revoke the PUD Permit.
~ 154.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the final development plan as common open space must be conveyed to a
homeowners' association or similar organization for the maintenance of the planned development. The
common open space must be conveyed to the homeowners' association or similar organization subject
to covenants, to be approved by the City Council, which restrict the common open space to the uses
specified on the final development plan, and which provide for the maintenance of the common open
space in a manner ~hich 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
offmal 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
123
(E) Specific listing of items owned in common including items as roads, recreation facilities,
parking, common open space ground and utilities.
Penalty, see ~ 154.999
ADMINISTRATION
~ 154.300 PERFORMANCE STANDARDS.
Every use permitted by this chapter shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
chapter to provide the tests or investigations by an independent testing organization satisfactory to the
Council as are necessary to show compliance with these standards. The cost of the investigation and
tests shall be shared equally by the owner or operator and the city unless the results disclose
noncompliance with these standards; in that event, the entire cost shall be borne by the owner or
operator. This provision does not preclude the city from making any investigations and tests it fmds
appropriate to determine compliance with these standards.
n 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION.
~ 154.310 VARIANCES.
(A) Standards. The Planning and Zoning Commission shall recommend a variance and the
Council shall order the issuance of the variance only if it conforms to the following standards:
(1) Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and do not result from the actions of the petitioner;
(2) Literal interpretation of the provisions of this chapter would deprive the petitioner of
rights commonly enjoyed by other properties in the same district under the terms of this chapter; and
(3) Granting the variance requested will not confer on the applicant any special privilege that
is denied by this chapter to other lands, structures or buildings in the same district; and
(4) The proposed variance will not impair an adequate supply of light and air to adjacent
property, or unreasonably diminish or impair established property values within the surrounding area,
or in any other respect impair the public health, safety, or welfare of the residents of the city; and
(5) Any person filing a petition requesting a variance or an amendment of the zoning chapter
124
1_
125
rezoning property or changing regulations within any use district shall pay a fee according to the
schedule established by resolution of the City Council. The fee is payable at the time of filing a
petition and is not refundable.
(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the
Board of Appeals and Adjustments and shall have the power to hear and recommend requests for the
following:
(1) Interpretation. Hearing appeals where it is alleged that there is an error in a decision or
judgment made by an administrative officer in the interpretation or enforcement of this chapter or in
the interpretation of zoning district boundaries; and
(2) Variances. Recommend variances from literal ordinance requirements in instances where
strict enforcement would cause undue hardship because of circumstances unique to the individual
property under construction.
(C) Variance procedures.
(1) Applications provided by the city must be completed in writing prior to any consideration
of variance petitions. Fees for variances are established by resolution of the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to provide copies of
plans, maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of
variance petitions.
(3) After filing an application, the Administrator shall set a date for a public hearing. Notice
of the hearing shall be posted and published at least 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;
125
(b) Because of the particular phvsical surroundings. shape or topographical conditions of
the parcel or lot. the proposed variance would relieve and undue hardship. as distinguished from a mere
inconvenience. should the applicable ordinance be strictly enforced:
(c) The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income potential of the parcel of land. but would correct extraordinary
circumstances applicable to this property. but not applicable to other property in the vicinity or zoning
district:
(d) The alleged difficulty or hardship is caused by the applicable city ordinance and has
not been caused by anyone presently having an interest in the parcel of land:
~---------~-----~-----------------------------------~--------------------
y _ _ ~ _ _ _ _ _ -<~ _ ~~~t_ ~r J~t~r.!l! ~~rp~e!a!i.9!l ~O)ll<! ~~~v~ _th~ ~PPJ~~t _ onl.!e_ ,!s_e _ all~ "
enjoyment of his or her property in a manner similar to others in the same district; and \'
\'
\ '
(0_ _qr.!l!ltil!g ()( ~~ Y!l~~c_e_~iJt I!~t _a!l()~_~ ,!s_e_ ~l.!i~l.! 1s_ ()t!t~~~e_ ~(~(a_e~~ltt~d_l!s~ _ " \
in the zoning district in question and would not alter the essential character of the district in which the " "
property is located. " "
\ \
\ \
\
\
\
(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:
126
Deleted: - - - (b) - Strict inteIpretation
or enfon:ement would result in a practical
difficulty or unnecessary hardship that is
not self created, that is inconsistent with
the intent of this chapter and lhe
comprehensive plan; 11
Deleted: (c) There are exceptional or
extraordimuy circumstances or conditions
applicable to the propeI1y, use or facilities
that do not apply generally to olher
properties in the same district;1I
\ 11
\
Deleted: d
\
Deleted: e
127
(a) Any use specifically listed as a Conditional Use in the regulations applicable to the
district in which it is to be located or otherwise stated in this Chapter to be a conditional use;
(b) Any use which is the same or similar, and consistent with, a conditional use specified
in the use district, the Planning Commission may consider and allow such conditional use.
(2) A Conditional Use Permit shall be granted only if evidence is presented to establish:
(a) That the proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or city;
(b) That the proposed building or use will not have a substantial or undue adverse effect
upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other
matters affecting the public health, safety and general welfare; and
(c) That the proposed building or use will be designed, arranged and operated so as to
permit the development and use of neighboring property in accordance with the applicable district
regulations.
(3) The Council may impose such conditions upon the premises benefited by a conditional
use as may be necessary to prevent or minimize injurious effects therefrom upon other property in the
neighborhood. Violation of such conditions and safeguards shall be a violation of this Chapter.
(C) Procedure.
(1) An application for a Conditional Use Permit shall be submitted in triplicate to the Zoning
Administrator. The Planning Commission or the Council may require any additional information they
deem necessary before a hearing is held. In the Flood Plain Districts, the application shall also follow
the requirements of Chapter 155, Flood Damage Prevention.
(2) A public hearing shall be set, noticed and conducted by the Planning Commission in
accordance with this Chapter. The Commissioner of Natural Resources shall be given at least 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
127
, DeIebld: _ (B) _ Application, public
: hearing and procedure. The application,
,: public hearing, notice and procedure
" requirements for interim use pennits shall
" be the same as those for amendments, as
:: provided in 1hid chapter. If a proposed
" interim use is not listed as a pennitted
" interim use in 1his chapter, a text
:: amendment to 1his chapter will be
" required before an interim use pennit
" may be considered. 11
" 11
,~ - (C) . Termination. AD interim use
" pennits shall tenninate on the happening
" of any of the following events, whichever
:: first occurs: 11
" 11
'I . . (I) _ The date stated on the pennit;lI
:; 11
I,
"
"
I,
I,
II
'I
'I
I,
(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. ,:
"
I,
~~--------------------------------------------------------------------~I
. <B) Authority. The Coun~il may. after review. hearing, and report bv the Plannin[ Commission. I
grant a Interim Use Permit authorizing the development of a interim use upon a showing bv 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.
consideration. The Council shall not grant a conditional use unless it finds that the standards of this
Section have been satisfied. Any proposed conditional use which fails to receive the approval of the
majority of the members of the Planning Commission voting upon it shall not be approved except by a
favorable vote of four-fifths of all of the elected members of the Council.
I
"
"
III
III
III
,"
III
'"
III
III
"I
III
'I
'I
(6) A Conditional Use Permit shall remain in effect only so Jop8_l!S_l!1l9! fl!e_ (:~l!djti~n~ _i/
granted by the Councill!l'~ _o!>~~ry~<!. The Permit is immediately void when a condition is no longer,'
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 Permit or a waiver of the
City's right to take enforcement action.
(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.
~~ 154.321 THROUGH 154.329 RESERVED FOR FUTURE EXPANSION.
~ 154.330 INTERIM USE PERMITS.
(C) Standards and conditions for interim uses.
(l) A Interim Use Permit may be granted for the following uses only:
(a) Any use specifically 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
128
Deleted: as
Deleted: agreed upon
DeIebld: , but no1hing in 1his Chapter
shall prevent the city from enacting or
amending official controls to change the
status of conditional uses
Deleted: 11
(2) Upon violation of the condition
under which the pennit was issued; or1\
11
. _ (3) . Upon change in the city's zoning
regulations that renders the use
nonconforming. 11
11
_ (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
identified in 1his chapter and must
comply with all conditioos of approval,
which sball be included in an interim use
pennil agreement. 11
1f
_ (E) - Conditions. The city may at1acb
conditions to approval of a pennit to
mitigate anticipated adverse impacts
associated with the use, to ensure
compliance with the standanls of
approval, to protect the value of other
property, and to achieve the goals and
objectives of the comprehensive plan.lI
11
11
H 154.331 THROUGH 154.349
RESERVED FOR FUTURE
EXPANSION.\!
11
11
A 154.350 AMENDMENTS.lI
11
. (A) _ Amendments to 1his chapter may
be initiated by the Planning and Zoning
Commission, City Council or by ar::i9f
129
(c) A use which is limited in scope or duration.
(2) A Interim Use Permit shall be granted onlv 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 adiacent property. the character of the neighborhood. traffic conditions. utility facilities and other
matters affecting the public health. safety 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 property 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 city may attach conditions to approval of a permit to mitigate anticipated adverse
impacts associated with the use. to ensure compliance with the standards of approval. to protect the
value of other property. and to achieve the goals and obiectives of the comprehensive plan.
(D) Procedure.
(I) An application for a Interim Use Permit shall be submitted in triplicate to the Zoning
Administrator. The Planning Commission or the Council may reauire any additional information they
deem necessary before a hearing is held. In the Flood Plain Districts. the application shall also follow
the reauirements 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 bv 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.
129
(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 finds that the standards of this
Section have been satisfied. Any 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 offour-fifths of all ofthe 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 terminate on the happening of any of the following
events. whichever first occurs:
(1) The date stated on the permit:
(2) Upon violation of the condition under which the permit was issued: or
(3) Upon change in the city's zoning regulations that renders the use nonconforming.
(E) Right 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.
~~ 154.351 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.
130
131
~ 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.
131
133
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. Size._ _ qf!r!lg~
Ground Size
Floor Sq.
Ft.
R-l Rural 10 acres 300 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. N/A
Residential!:.
R-2A Single- 11,500 ft. 80 ft. 3530 ft. 25 ft. 10 ft. 900 ft. 440 ft.
Family
Residential!:.
R-2 Single- 15,000 ft. 100ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 440 ft.
Family
Residential!:.
133
J - - -{ Delet.ecl: ..
1
I District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Min.
Width Setback Setback Setback Bldg. Size,_ _ (jt!:r~g~
Ground Size
Floor Sq.
FL
R-4 Single- 17,500 ft. .!QO ft. u _.J~ !{'_ __ _ _~~f!.__ 10 ft. _1,9~Q!t,- _ 220 ft.
------ ----~-- ------
Family
Manufactured
Housing::'
R-5 Single- 17,500 ft. 100 ft. 35 ft. 25 ft. 10 ft. l,200 ft. 600 ft.
Family
Residentiali:, __ ------- -------- --------- -------
Estate::, ------- -------- ------
B-1 Commercial 20,000 ft. 150 ft. 30 ft. 30 ft. 20 ft. 1,000 ft. N/A
I-I Industrial 1 acre 200 ft. 50 ft. 30 ft. 20 ft. 5,000 ft. N/A
_ _ _ - { Deleted: ..
r-'
I
I Deleted: 1
/: Deleted: 0
II I
III
ff/
-"
_ __ - { Deleted: -
134
135
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Min.
Width Setback Setback Setback Bldg. Size._ _ (jf!,,-ag~
Ground Size
Floor Sq.
Ft.
P-I 20,000 ft. 150 ft. 35 ft. 30 ft. 20 ft. 1,000 ft. N/A
- ---
Public/Semi-
Public
M-I& M02 Specifications to be determined as a Planned Unit Develooment. Setback are governed by
Mixed Use! the Building Code~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
NOTES.______________________________________________________________
*__ _ ]J1~ !l1il!i!ll~ size of anv residen~al buiIdin~ shall either be the gr:o!JI!<t t1~o.!' ~q~JQ<>~ge as stated in
this Table. or a minimum of 1,650 finished square feet for the total structure. whichever is greater at the time
of building permit issuance.
135
1-"
J - - -[ Deleted: *.
I
I
I
I
I
I
Deleted: 7.500 ft.'ll
50ft.'ll
O*'ll
0*'
O*'ll
Res. 1,050 ft. Comm. 1,000 ft.'ll
240ft.'ll
Deleted: 'll
* _ Setbacks governed by Building Code.
Deleted: *
Deleted: M
CHAPTER 155: FLOOD DAMAGE PREVENTION
Section
General Provisions
155.01 Statutory authorization
155.02 Findings offact
155.03 Statement of purpose
155.04 Definitions
155.05 Lands to which this chapter applies
155.06 Adoption of maps
155.07 Regulatory flood protection elevation
155.08 Interpretation of chapter and maps
155.09 Abrogation and greater restrictions
155.10 Warning and disclaimer of liability
Zoning District Regulations
155.25 Establishment of zoning districts
155.26 Compliance with chapter
155.27 F100dway District (FW)
155.28 Flood Fringe District (FF)
155.29 General Floodplain District
155.30 Subdivisions
155.31 Public utilities, railroads, roads and bridges
155.32 Manufactured homes, manufactured home parks, travel trailers and travel vehicles
Administration and Enforcement
155.50 Zoning Administrator
155.51 Permit requirements
155.52 Certificate of zoning compliance
155.53 Construction and use to conform to applications, plans, permits and the like
155.54 Certification
155.55 Record offrrst floor elevation
137
155.56 Board of Adjustment
155.57 Conditional uses
155.58 Nonconforming uses and nonconforming structures
155.59 Amendments
155.99 Penalty
GENERAL PROVISIONS
~ 155.01 STATUTORY AUTHORIZATION.
The legislature of the state has, in M.S. Chapter 103F and M.S. ~ 462.357, as may be amended
from time to time, delegated the responsibility to local government units to adopt regulations designed
to minimize flood losses. Therefore, the City Council does ordain this chapter.
(Ord. 33-A, passed 4-12-1989)
~ 155.02 FINDINGS OF FACT.
(A) The flood hazard areas of the city are subject to periodic inundation which results in potential
loss of life, loss of property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief and impairment of the tax
base, all of which adversely affect the public health, safety and general welfare.
(B) This chapter is based upon a reasonable method of analyzing flood hazards which is consistent
with the standards established by the Minnesota Department of Natural Resources.
(Ord. 33-A, passed 4-12-1989)
~ 155.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to
minimize those losses described in ~ 155.02 by the provisions contained in this chapter.
(Ord. 33-A, passed 4-12-1989)
~ 155.04 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
138
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that
may be allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a fmding that certain
conditions as detailed in the zoning chapter exist and the structure and land use plan, if one exists, are
compatible with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate
share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in t~ of a wetland or lake
that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. The term is
synonymous with the term FLOODWAY FRINGE used in the flood insurance study for the city.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood.
FLOOD-PROOFING. A combination of structural prOVISions, changes or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
FLOODWAY. The bed ofa wetland or lake and the channel ofa watercourse and those portions
of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment. projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or
matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may
impede, retard or change the direction of the flow of water, either in itself or by catching or collecting
debris carried by the water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or
structures.
139
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a REACH.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude ofthe 100-year recurrence interval. The term is synonymous with the term
BASE FLOOD used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by encroachments
on the floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site
utilities, including but not limited to buildings, factories, sheds, detached garages, cabins, manufactured
homes, travel trailers or vehicles not meeting the exemption criteria specified in ~ 155.32(C) and other
similar items.
VARIANCE. A modification of a specific permitted development standard required in an official
control, including this chapter, to allow an alternative development standard not stated as acceptable in
the official control, but only as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and elaborated upon in a community's respective
planning and zoning enabling legislation.
(Ord. 33-A, passed 4-12-1989)
~ 155.05 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all lands within the jurisdiction of the city shown on the official zoning
map and the attachments thereto as being located within the boundaries of the Floodway or Flood
Fringe Districts.
(Ord. 33-A, passed 4-12-1989)
~ 155.06 ADOPTION OF MAPS.
The official zoning map together with all materials attached thereto is hereby adopted by reference
and declared to be a part of this chapter. The attached material shall include the flood insurance study
for the city prepared by the Federal Insurance Administration and Flood Insurance Rate Map dated 6-2-
1999. The official zoning map shall be on file in the office of the Administrator and the County
Auditor.
(Ord. 33-A, passed 4-12-1989)
~ 155.07 REGULATORY FLOOD PROTECTION ELEVATION.
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(A) Residential zoning district. Within a residential zoning district, the regulatory flood protection
elevation shall be an elevation no lower than two feet above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from designation of
a floodway.
(B) Commercial and industrial zoning districts. Within a commercial and industrial zoning
district, the regulatory flood protection elevation shall be an elevation no lower than one foot above the
elevation of the regional flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 1-9-1991; Am. Ord. passed 9-23-1992)
~ 155.08 INTERPRETATION OF CHAPTER AND MAPS.
(A) In its interpretation and application, the provisions of this chapter shall be held to be minimum
requirements and shaUi>e liberally construed in favor ofthe City Council, and shall not be deemed a
limitation or repeal of any other powers granted by state law.
(B) The boundaries of the zoning districts shall be determined by scaling distances on the official
zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as
shown on the official zoning map, as for example where there appears to be a conflict between a
mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning
Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be
based on elevations on the regionall00-year flood profile and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable opportunity to present their
case to the Board of Adjustment and to submit technical evidence.
(Ord. 33-A, passed 4-12-1989)
~ 155.09 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this
chapter shall prevail.
(Ord. 33-A, passed 4-12-1989)
~ 155.10 WARNING AND DISCLAIMER OF LIABILITY.
This chapter does not imply that areas outside the floodplain districts or land uses permitted within
those districts will be free from flooding or flood damages. This chapter shall not create liability on the
part of city or any officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
(Ord. 33-A, passed 4-12-1989)
141
ZONING DISTRICT REGULATIONS
~ 155.25 ESTABLISHMENT OF ZONING DISTRICTS.
(A) Floodway District. The Floodway District shall include those areas designated as floodway on
the Flood Insurance Rate Map.
(B) Flood Fringe District. The Flood Fringe District shall include those areas designated as zones
A and AE that are located outside of the Floodway District.
~ 155.26 COMPLIANCE WITH CHAPTER.
(A) No new structure or land shall hereafter be used and no structure shall be located, extended,
converted or structurally altered without full compliance with the terms of this chapter and other
applicable regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway
and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses, shall be prohibited.
(B) In addition, a caution is provided here that:
(1) New manufactured homes, replacement manufactured homes and certain travel trailers
and travel vehicles are subject to the general provisions of this chapter;
(2) Modifications, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by the general
provisions of this chapter; and
(3) As-built elevations for elevated or flood-proofed structures must be certified by ground
surveys, and flood-proofmg techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this chapter.
(Ord. 33-A, passed 4-12-89) Penalty, see ~ 155.99
~ 155.27 FLOODWAY DISTRICT (FW).
(A) Permitted uses.
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming and wild crop harvesting;
(2) Industrial-commercial loading areas, parking areas and airport landing strips;
(3) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
142
grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and
single or multiple-purpose recreational trails; and
(4) Residential lawns, gardens, parking areas and play areas.
(B) Standards for jloodway permitted uses.
(1) The use shall have a low flood damage potential;
(2) The use shall be permissible in the underlying zoning district, if one exists; and
(3) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill obstructions, excavations or storage of materials or equipment.
(C) Conditional uses.
(1) Structures accessory to the uses listed in this section;
(2) Extraction and storage of sand, gravel and other materials as well as associated accessory
structures;
(3) Marinas, boat rentals, docks, piers, wharves and water control structures;
(4) Storage yards for equipment, machinery or materials;
(5) Placement offill;
(6) Travel trailers and travel vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the specific regulation of
these uses contained in this chapter; and
(7) Structural works for flood control such as levees, dikes and floodwalls constructed to any
height where the intent is to protect individual structures and levees or dikes, where the intent is to
protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood
event.
(D) Standards for jloodway conditional uses.
(1) For all uses, no structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a
conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an
increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards for
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conditional use permits.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) (a) Fill, dredge spoil and other similar materials deposited or stored in the floodplain
shall be protected from erosion by vegetative cover, mulching, rip-rap or other acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes an erosion and
sedimentation prevention element to the plan.
(5) (a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters. Whenever possible, structures
shall be constructed with the longitudinal axis parallel to the direction of flood flow, and so far as
practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining
structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in
accordance with the FP-l or FP-2 flood-proofmg classifications in the Minnesota Building Code. As
an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing
classification in the Minnesota Building Code, provided the accessory structure constitutes a minimal
investment, does not exceed 500 square feet in size and, for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All flood-proof accessory structures
must meet the following additional standards as appropriate:
1. The structure must be adequately anchored to prevent floatation, collapse or
lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior
walls; and
2. Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly flood-proofed.
(6) Storage of materials and equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive or potentially injurious to human, animal or plant life is prohibited; and
(b) Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a plan approved by the
City Council.
(7) Structural works for flood control that will change the course, current or cross-section of
protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103F, as
144
amended. Community-wide structural works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
(8) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the
100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on
both sides of a stream.
(Oed. 33-A, passed 4-12-1989; Am. Ord. passed 5-24-1990) Penalty, see ~ 155.99
~ 155.28 FLOOD FRINGE DISTRICT (FF).
(A) Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted
uses in the underlying zoning use districts. If no pre-existing, underlying zoning use districts exist,
then any residential or nonresidential structure or use of a structure or land shall be a permitted use in
the flood fringe, provided the use does not constitute a public nuisance. All permitted uses shall
comply with the standards for flood fringe permitted and the standards for all flood fringe permitted
and conditiQllllLuses listed in this chapter.
(B) Standards for FF permitted uses.
(1 ) All structures, including accessory structures, must be elevated on fill so that the lowest
floor including basement floor is at or above the regulatory flood protection elevation. The finished fill
elevation for structures shall be no lower than one foot below the regulatory flood protection elevation,
and the fill shall extend at that elevation at least 15 feet beyond the outside limits of the structure
erected thereon.
(2) As an alternative to elevation on fill, accesSQry structures that constitute a minimal
investment and that do not exceed 500 square feet for the outside dimension at ground level may be
internally flood-proofed in accordance with this chapter.
(3) The cumulative placement offill where at anyone time in excess of 1,000 cubic yards of
fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically
intended to elevate a structure in accordance with this section.
(4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
(C) Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance
with this chapter or any use of land that does not comply with the standards in divisions (B)(3) and
(B)(4) of this section shall only be allowable as a conditional use. An application for a conditional use
shall be subject to the standards and criteria and evaluation procedures specified this chapter
(D) Standardsfor FF conditional uses.
(1 ) Alternative elevation methods other than the use of fill may be utilized to elevate a
145
structure's lowest floor above the regulatory flood protection elevation. These alternative methods
may include the use of stilts, pilings, parallel walls and the like, or above-grade, enclosed areas such as
crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above-
grade and not a structure's basement or lowest floor if: the enclosed area is above grade on at least one
side of the structure; the enclosed area is designed to flood internally and is constructed with flood-
resistant materials; and the enclosed area is used solely for parking of vehicles, building access or
storage. The above-noted alternative elevation methods are subject to the following additional
standards:
(a) Design and certification. The structure's design and as-built condition must be
certified by a registered professional engineer or architect as being in compliance with the general
design standards of the Minnesota Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other service facilities must be at or above
the regulatory flood protection elevation or be designed to prevent floodwater from entering or
accumulating within these components during times of flooding.
(b) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed
areas such as crawl spaces or tuck-under garages must be designed to flood internally, and the design
plans must stipulate:
1. The minimum area of openings in the walls where internal flooding is to be used
as a flood-proofing technique. When openings are placed in a structure's walls to provide for entry of
floodwaters to equalize pressures, the bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters; and
2. That the enclosed area will be designed of flood-resistant materials in
accordance with the FP-3 or FP-4 classifications in the Minnesota Building Code and shall be used
solely for building access, parking of vehicles or storage.
(2) Basements, as defined in this chapter, shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood
protection elevation; and
(b) Nonresidential basements may be allowed below the regulatory flood protection
elevation; provided, that the basement is structurally dry flood-proofed in accordance with this chapter.
(3) All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation shall be flood-proofed in accordance with the structurally dry
flood-proofing classifications in the Minnesota Building Code. Structurally dry flood-proofmg must
meet the FP-1 or FP-2 flood-proofmg classification in the Minnesota Building Code and this shall
require making the structure watertight with the walls substantially impermeable to the passage of
water and with structural components having the capability of buoyancy. Structures flood-proofed to
the FP-3 or FP-4 classification shall not be permitted.
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(4) When at anyone time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for activities such as on-site storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or construction of flood control works, an erosion and
sedimentation control plan must be submitted unless the community is enforcing a state-approved
shore land management ordinance. In the absence of a state-approved shoreland ordinance, the plan
must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of
the loo-year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the City Council. The plan may
incorporate alternative procedures for removal of the material from the floodplain if adequate flood
warning time exists.
(5) Storage of materials and equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable
explosive, or potentially injurious to human, animal or plant life is prohibited; and
(b) Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a plan approved by the
City Council.
(E) Standards for all FF uses.
(1) All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the
structure for times of flooding and only after determining that adequate flood warning time and local
flood emergency response procedures exist.
(2) For commercial uses, accessory land uses such as yards, railroad tracks and parking lots
may be at elevations lower than the regulatory flood protection elevation. However, a permit for these
facilities to be used by the employees or the general public shall not be granted in the absence of a
flood warning system that provides adequate time for evacuation if the area would be inundated to a
depth greater than two feet or be subject to flood velocities greater than four feet per second upon
occurrence of the regional flood.
(3) For manufacturing and industrial uses, measures shall be taken to minimize interference
with normal plant operations, especially along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at lower elevations subject to requirements
set out in this section. In considering permit applications, due consideration shall be given to needs of
an industry whose business requires that it be located in floodplain areas.
(4) Fill shall be properly compacted and the slopes shall be properly protected by the use of
rip-rap, vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
147
structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
(5) Floodplain developments shall not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning map.
(6) Standards for travel trailers and travel vehicles are contained in this chapter
(7) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists floatation, collapse and lateral movement. Methods of anchoring may include but
are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind forces.
(Ord. 33-A, passed 4-12-1989) Penalty, see ~ 155.99
~ 155.29 GENERAL FLOODPLAIN DISTRICT.
(A) Permissible uses.
(1 ) The uses listed in the floodway FW district shall be permitted uses.
(2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to
this section.
(B) Procedures for floodway and flood fringe determinations within the General Floodplain
District.
(1) Upon receipt of an application for a conditional use permit for a use within the General
Floodplain District, the applicant shall be required to furnish any of the following information as is
deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection
elevation and whether the proposed use is within the Floodway or Flood Fringe District:
(a) A typical valley cross-section showing the channel of the stream, elevation of land
areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed
development and high water information;
(b) Plan (surface view) showing elevations or contours of the ground; pertinent structure,
fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures
on the site; location and elevations of streets; photographs showing existing land uses and vegetation
upstream and downstream; and soil type; and/or
(c) Profile showing the slope of the bottom of the channel or flow line of the stream for
at least 500 feet in either direction from the proposed development.
148
(2) The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in determining whether
the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minn. Rules parts 6120.5000 through 6120.6200 shall
be followed in this expert evaluation. The designated engineer or expert is strongly encourage to
discuss the proposed technical evaluation methodology with the respective Department of Natural
Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert
shall:
(a) Estimate the peak discharge of the regional flood;
(b) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas; and
(c) Compute the floodway necessary to conveyor store the regional flood without
increasing flood stages more than one=Iililf foot. A lesser stage increase than one-half foot shall be
required if, as a resolution of the additional stage increase, increased flood damages would result. An
equal degree of encroachment on both sides of the stream within the reach shall be assumed in
computing floodway boundaries.
(3) The Zoning Administrator shall present the technical evaluation and findings of the
designated engineer or expert to the City Council. The City Council must formally accept the technical
evaluation and the recommended Floodway or Flood Fringe District boundary or deny the permit
application. The City Council, prior to official action, may submit the application and all supporting
data and analyses to the Federal Emergency Management Agency, the Department of Natural
Resources or the Planning and Zoning Commission for review and comment. Once the Floodway and
Flood Fringe Boundaries have been determined, the City Council shall refer the matter back to the
Zoning Administrator who shall process the permit application consistent with the applicable
provisions of this chapter.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 1-26-1994) Penalty, see ~ 155.99
~ 155.30 SUBDIVISIONS.
(A) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts
shall contain a building site at or above the regulatory flood protection elevation. All subdivisions
shall have water and sewage treatment facilities that comply with the provisions of this chapter and
have road access both to the subdivision and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway
and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all
access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(B) Removal of special flood hazard area designation. The Federal Emergency Management
149
Agency (FEMA) has established criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
(C) Scope of section. This section is not intended as a substitute for a comprehensive city or
county subdivision ordinance. It can, however, be used as an interim control until the comprehensive
subdivision ordinance can be amended to include necessary floodplain management provisions.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 5-24-1990) Penalty, see S 155.99
~ 155.31 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
(A) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water
supply systems to be located in the floodplain shall be flood-proofed in accordance with the Minnesota
Building Code or elevated to above the regulatory flood protection elevation.
(B) Public transportation facilities. Railroad tracks, roads and bridges to be located within the
floodplain shall comply with Floodway and Flood fringe requirements of this chapter. Elevation to the
regulatory flood protection elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or safety or where these facilities are
essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
(C) On-site sewage treatment and water supply systems. Where public utilities are not provided,
on-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into
the systems, and new or replacement on-site sewage treatment systems must be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges from the systems into
floodwaters, and they shall not be subject to impairment or contamination during times of flooding.
Any sewage treatment system designed in accordance with the state's current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance with this section.
(Ord. 33-A, passed 4-12-1989) Penalty, see S 155.99
~ 155.32 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, TRAVEL
TRAILERS AND TRAVEL VEHICLES.
(A) New manufactured home parks and expansions to existing mobile manufactured home parks
shall be subject to the provisions placed on subdivisions in this chapter.
(B) (1) The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in floodplain districts will be treated as a
new structure and may be placed only if elevated in compliance with this chapter. If vehicular road
access for pre-existing manufactured home parks is not provided in accordance with access
150
requirements to new developments, then replacement manufactured homes will not be allowed until the
property owner develops a flood warning emergency plan acceptable to the City Council.
(2) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists floatation, collapse and lateral movement. Methods of anchoring may include but
are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind forces.
(C) Travel trailers and travel vehicles that do not meet the exemption criteria specified in division
this section shall be subject to the provisions of this chapter and as specifically spelled out in this
section.
(1 ) Exemption: travel trailers and travel vehicles are exempt from the provisions of this
chapter if they are placed in any of the areas listed in division (C)(2) of this section and further meet
the following criteria:
(a) Have current licenses required for highway use;
(b) Are highway-ready, meaning on wheels or the internal jacking system; are attached
to the site only by quick disconnect-type utilities commonly used in campgrounds and trailer parks; and
the travel trailer/travel vehicle has no permanent structural type additions attached to it; and
( c) The travel trailer or travel vehicle and associated use must be permissible in any pre-
existing, underlying zoning use district.
(2) Areas exempted for placement of travel/recreational vehicles:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(3) Travel trailers and travel vehicles exempted this section lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel
vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle
and all additions and accessory structures will then be treated as a new structure and shall be subject to
the elevation and flood-proofmg requirements and the use ofland restrictions of this chapter.
(4) New commercial travel trailer or travel vehicle parks or campgrounds and new residential
type subdivisions and condominium associations and the expansion of any existing similar use
exceeding five units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the
Floodway or Flood Fringe Districts; provided, the trailer or vehicle and its contents are placed on fill
151
above the regulatory flood protection elevation and proper elevated road access to the site exists in
accordance with this chapter. Any fill placed in a floodway for the purpose of elevating a travel trailer
shall be subject to the floodway requirements of this chapter.
(b) 1. All new or replacement travel trailers or travel vehicles not meeting the criteria
of this section may, as an alternative, be allowed as a conditional use if in accordance with the
following provisions and the procedural requirements for conditional uses contained in this chapter.
2. The applicant must submit an emergency plan for the safe evacuation of all
vehicles and people during the IOO-year flood. This plan shall be prepared by a registered engineer or
other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the
evacuation.
3. All attendant sewage and water facilities for new or replacement travel trailers or
other recreational vehicles must be protected or constructed so as to not be impaired or contaminated
during times of flooding in accordance with city code and Minnesota statutes and rules.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 7-14-1993) Penalty, see ~ 155.99
ADMINISTRATION AND ENFORCEMENT
~ 155.50 ZONING ADMINISTRATOR.
A Zoning Administrator designated by the City Council shall administer and enforce this chapter.
If the Zoning Administrator finds a violation of the provisions of this chapter, the Zoning
Administrator shall notify the person responsible for the violation in accordance with the procedures
stated in this chapter.
(Ord. 33-A, passed 4-12-1989)
~ 155.51 PERMIT REQUIREMENTS.
(A) Permit required A permit issued by the Zoning Administrator in conformity with the
provisions of this chapter shall be secured prior to the erection, addition or alteration of any building,
structure or portion thereof; prior to the use or change of use of a building, structure or land; prior to
the change or extension of a nonconforming use; and prior to the placement of fill, excavation of
materials or the storage of materials or equipment within the floodplain.
(B) Application for permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations
of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing
in relation to the stream channel.
152
(C) State and federal permits. Prior to granting a permit or processing an application for a
conditional use permit or variance, the Zoning Administrator shall determine that the applicant has
obtained all necessary state and federal permits.
(Ord. 33-A, passed 4-12-1989) Penalty, see ~ 155.99
~ 155.52 CERTIFICATE OF ZONING COMPLIANCE.
It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or
part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure
until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that
the use of the building or land conforms to the requirements of this chapter.
(Ord. 33-A, passed 4-12-1989) Penalty, see ~ 155.99
~ 155.53 CONSTRUCTION AND USE TO CONFORM TO APPLICATIONS, PLANS,
PERMITS AND THE LIKE.
Permits, conditional use permits, or certificates of zoning compliance issued on the basis of
approved plans, and applications authorize only the use, arrangement and construction set forth in the
approved plans and applications, and no other use, arrangement or construction. Any use, arrangement
or construction at variance with that authorized shall be deemed a violation of this chapter and
punishable as provided by ~ 155.99.
(Ord. 33-A, passed 4-12-1989) Penalty, see ~ 155.99
~ 155.54 CERTIFICATION.
The applicant shall be required to submit certification by a registered professional engineer,
registered architect or registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this chapter. Flood-proofing measures shall be
certified by a registered professional engineer or registered architect.
(Ord. 33-A, passed 4-12-1989) Penalty, see ~ 155.99
~ 155.55 RECORD OF FIRST FLOOR ELEVATION.
The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including
basement) of all new structures and alterations or additions to existing structures in the floodplain. The
Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or
additions to structures are flood-proofed.
(Ord. 33-A, passed 4-12-1989)
153
~ 155.56 BOARD OF ADJUSTMENT.
(A) Rules. The Planning and Zoning Commission and the City Council shall act as the Board of
Adjustment. The Planning and Zoning Commission shall investigate the matter, make fmdings of fact
and recommendation to the City Council who shall render a decision.
(B) Administrative review. The Board of Adjustment shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(C) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief
or variance from the terms of this chapter as will not be contrary to the public interest and only for
those circumstances such as hardship, practical difficulties or circumstances unique to the property
under consideration, as provided for in the respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly
identify in writing the specific conditions that existed consistent with the criteria specified in the
respective enabling legislation which justified the granting of the variance. No variance shall have the
effect of allowing in any district uses prohibited in that district, permit a lower degree of flood
protection than the regulatory flood protection elevation for the particular area or permit standards
lower than those required by state law.
(D) Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of the
Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable
time for a hearing and give due notice to the parties in interest as specified by law. The Board of
Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application
for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days'
notice of the hearing.
(E) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance
within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as the action is in
conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning Administrator or other public official. It shall
make its decision in writing setting forth the fmdings of fact and the reasons for its decisions. In
granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards,
which are in conformity with the purposes of this chapter. Violations of these conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be deemed a
violation of this chapter. A copy of all decisions granting variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten days of the action.
(F) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as
specified in this community's official controls and also state law.
(G) Flood insurance notice and record keeping. The Zoning Administrator shall notify the
applicant for a variance that the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100
154
of insurance coverage, and that this construction below the 100-year or regional flood level increases
risks to life and property. This notification shall be maintained with a record of all variance actions. A
community shall maintain a record of all variance actions, including justification for their issuance, and
report variances issued in its annual or biennial report submitted to the Administrator of the National
Flood Insurance Program.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 5-24-1990)
~ 155.57 CONDITIONAL USES.
(A) Generally. The City Council shall decide applications for conditional uses permissible under
this chapter. Applications shall be submitted to the Zoning Administrator who shall forward the
application to the Planning and Zoning Commission for review and consideration. The Planning and
Zoning Commission shall make a recommendation to the City Council. The City Council shall,
following such hearings it considers necessary, consider the matter and render a decision.
(B) Hearings. The Planning and Zoning Commission shall follow the hearing and notice
procedures for conditional uses contained in the Zoning Chapter of this code in making its
recommendation to the City Council. Upon filing with the City Council an application for a conditional
use permit, the city shall submit by mail to the Commissioner of Natural Resources a copy of the
application for the proposed conditional use sufficiently in advance so that the Commissioner will
receive at least ten days' notice of the hearing.
(C) Decisions. The City Council shall arrive at a decision on a conditional use within the time
requirements of ordinance or state law. In granting a conditional use permit, the City Council shall
prescribe appropriate conditions and safeguards which are in conformity with the purposes of this
chapter. Violations of these conditions and safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of this chapter. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(D) Procedures to be followed by the city in passing on conditional use permit applications within
all floodplain districts.
(1) Require the applicant to furnish any of the following information and additional
information as deemed necessary by the city for determining the suitability of the particular site for the
proposed use: plans in triplicate drawn to scale showing the nature, location, dimensions and elevation
of the lot, existing or proposed structures, fill storage of materials, flood-proofmg measures, and the
relationship of the above to the location of the stream channel; and specifications for building
construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of
materials, water supply and sanitary facilities;
(2) Transmit one copy of the information to a designated engineer or other expert person or
agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for
protection and other technical matters; and
155
(3) Based on the technical evaluation of the designated engineer or expert, the city shall
determine the specific flood hazard at the site and evaluate the suitability of the proposed use in
relation to the flood hazard.
(E) Factors upon which the decision of the city shall be based In passing upon conditional use
applications, the city shall consider all relevant factors specified in other sections of this chapter and:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts or other hydraulic structures;
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect
of that damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site; and
(12) Other factors which are relevant to the purposes of this chapter.
(F) Time for acting on application. The city shall act on an application in the manner described
above within 60 days from receiving the application, except where the city is granted an extension of
time in which to make the decision.
(G) Conditions attached to conditional use permits. Upon consideration of the factors listed above
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and the purpose of this chapter, the City Council shall attach any conditions to the granting of
conditional use permits as it deems necessary to fulfill the proposes of this chapter. These conditions
may include but are not limited to the following:
(1) Modification of waste treatment and water supply facilities;
(2) Limitations on period of use, occupancy and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
(4) Requirements for construction of channel modifications, compensatory storage, dikes,
levees and other protective measures; and
(5) Flood-proofmg measures, in accordance with the Minnesota Building Code and this
chapter. The applicant shall submit a plan or document certified by a registered professional engineer
or architect that the flood-proofing measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area.
(Ord. 33-A, passed 4-12-1989)
J
~ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES.
(A) A structure or the use of a structure or premises which was lawful before the passage or
amendment of this chapter but which is not in conformity with the provisions of this chapter may be
continued subject to the following conditions:
(1) No use shall be expanded, changed, enlarged or altered in a way which increases its
nonconformity;
(2) Any alteration or addition to a nonconforming structure or nonconforming use which
would result in increasing the flood damage potential of that structure or use shall be protected to the
regulatory flood protection elevation in accordance with any of the elevation, fill or flood-proofing
techniques (such as FP-l through FP-4 flood-proofing classifications) allowable in the Minnesota
Building Code, except as further restricted this section; and
(3) The cost of any structural alterations or additions to any nonconforming structure over the
life of the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural alterations and additions constructed
since the adoption of the community's initial floodplain controls must be calculated into today's
current cost which will include all costs such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and proposed alterations and additions
exceeds 50 percent of the current market value of the structure, then the structure must meet the
standards of this chapter for new structures, depending upon whether the structure is in the Floodway
or Flood Fringe District, respectively.
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(B) If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in
writing of instances of nonconforming uses which have been discontinued for a period of 12 months.
(C) If any nonconforming use or structure is destroyed by any means, including floods, to an
extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this chapter. The applicable provisions for establishing
new uses or new structures contained in this chapter win apply depending upon whether the use or
structure is in the Floodway or Flood Fringe District, respectively.
(Ord. 33-A, passed 4-12-1989)
~ 155.59 AMENDMENTS.
(A) The floodplain designation on the official zoning map shall not be removed from floodplain
areas unless it can be shown that the designation is in error or that the area has been filled to or above
the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions
to this rule may be permitted by the Commissioner of Natural Resources ifhe or she determines that,
through other measures, lands are adequately protected for the intended use.
(B) All amendments to this chapter, including amendments to the official zoning map, must be
submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in
the official zoning map must meet the Federal Emergency Management Agency's technical conditions
and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given ten days' written notice of an hearings to consider an amendment to this
chapter and the notice shall include a draft of the ordinance amendment or technical study under
consideration.
(Ord. 33-A, passed 4-12-1989)
~ 155.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
(Ord. 33-A, passed 4-12-1989)
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CHAPTER 156: RESERVED FOR FUTURE
Section
161
CHAPTER 157: EROSION CONTROL
Section
General
157.01 Intent
157.02 Statutory authorization
157.03 Findings
157.04 Purpose
157.05 Scope and effect
157.06 Defmitions
Stormwater Pollution Prevention Plan
157.15 Submittal procedures
157.16 Review process
157.17 Minimum construction site best management practices
157.18 Completion of work
157.19 Enforcement procedures
157.99 Penalty
GENERAL
~ 157.01 INTENT.
Intent of this chapter is to promote the health, safety and general welfare of the citizens of the city
by requiring stormwater management practices for construction activity.
(Ord. 79, passed 3-9-2005)
164
I
1- ~_ __
fi 157.02 STATUTORY AUTHORIZATION.
This chapter is adopted pursuant to M.S. ~~ 462.351, as amended, for cities and towns and 394.21,
as amended, for counties having a population ofless than 300,000 according to the 1950 federal census
(1990).
(Ord. 79, passed 3-9-2005)
fi 157.03 FINDINGS.
The city hereby finds that uncontrolled land-disturbing activity at construction sites is subject to
soil erosion and other pollutants which enter into receiving water bodies, adversely affecting the public
health, safety and general welfare by impacting water quality.
(Old. 79, passed 3-9-2005)
fi 157.04 PURPOSE.
The purpose of this chapter is to promote, preserve and enhance the natural resources within the
city and protect them from adverse effects occasioned by poorly sited development or incompatible
activities by regulating land-disturbing activities that would have an adverse and potentially
irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and
encouraging proper installation and maintenance of best management practices (BMPs) for land-
disturbing activities; and by requiring detailed review standards and procedures for land-disturbing
activities proposed for those areas, thereby achieving a balance between development, redevelopment
and protection of water quality and natural areas.
(Ord. 79, passed 3-9-2005)
fi 157.05 SCOPE AND EFFECT.
(A) Applicability.
(1) Every applicant of a building permit for a new building or addition, subdivision approval,
or a permit to allow land-disturbing activities greater than or equal to one acre, must submit a
stormwater pollution prevention plan to the City Administrator. No building permit, subdivision
approval or permit to allow land-disturbing activities shall be issued until approval of the stormwater
pollution prevention plan or a waiver of the approval requirement has been obtained in strict
conformance with the provisions of this chapter.
(2) The provisions of division (B) of this section apply to all land, public or private.
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(B) Exemptions. The provisions of this chapter do not apply to:
(1) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles;
(2) Emergency work to protect life, limb or property; or
(3) Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry)
crops.
(Ord. 79, passed 3-9-2005)
~ 157.06 DEFINITIONS.
(A) When inconsistent with the context, words used in the present tense include the future tense,
words in the plural number include the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directive.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit, subdivision approval, or
to fill, excavate or mine more than ten yards of granular material within the city.
BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control and water
quality management practices that are the most effective and practicable means of controlling,
preventing and minimizing the degradation of surface water, including construction-phasing,
minimizing the length of time soil areas are exposed, prohibitions and other management practices
published by state or designated areawide planning agencies.
DETENTION FACILITY. A permanent natural or manmade structure, including wetlands,
for the temporary storage of runoff which contains a permanent pool of water.
DISCHARGE. The release, conveyance, channeling, runoff or drainage of stormwater,
including snowmelt, from a construction site.
EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees,
shrubs, brush, grasses and the like) or impervious surface has been removed, thus rendering the soil
more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within
the construction site. It does not include stockpiles or surcharge areas of gravel, . concrete or
bituminous. Once soil is exposed it is considered exposed soil, until it meets the definition of fmal
stabilization.
166
FINAL STABILIZATION. Means that all soil-disturbing activities at the site have been
completed, and that a uniform perennial vegetative cover with a density of 75 percent of the cover for
unpaved areas and areas not covered by permanent structures has been established, or equivalent
permanent stabilization measures have been employed. Simply sowing grass is not considered FINAL
STABILIZATION.
LAND-DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface
including removing vegetative cover, excavating, filling, grading and the construction of any structure.
PERSON. Any individual, firm, corporation, partnership, franchise, association or
governmental entity.
PUBLIC WATERS. Waters of the state as defmed in M.S. ~ I03G.005, Subd. 15, as it may
be amended from time to time.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the
storage of storm water runoff by means ofa permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage or other liquids.
STORMW ATER POLLUTION PREVENTION PLAN (SWPPP). A joint stormwater and
erosion and sediment control plan that is a document containing the requirements of this chapter, that
when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution.
STRUCTURE. Anything manufactured, constructed or erected which is normally attached to
or positioned on land, including portable structures, earthen structures, roads, parking lots, paved
storage areas, fences and retaining walls.
WATERS OF THE STATE. As defined in M.S. ~ 115.oI, Subdivision 22, as may be
amended from time to time, the term means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
bodies or accumulations of water, surface or underground, natural or artificial, public or private, which
are contained within, flow through or border upon the state or any portion thereof.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land is covered by shallow water. For purposes of this
definition, WETLANDS must have the following three attributes:
(a) Have a predominance of hydric soils;
(b) 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
(c) Under normal circumstances support a prevalence of this vegetation.
167
(Ord. 79, passed 3-9-2005)
STORMWATER POLLUTION PREVENTION PLAN
~lS7.1S SUBMIlTAL PROCEDURES.
(A) Application. An application for the proposed stormwater pollution prevention plan, shall be
filed with two sets of drawings and required information shall be submitted to the City Administrator
or designee. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for
the review to be performed. At a minimum, the scale shall be one inch equals 100 feet.
(B) Financial security and fees. All applications shall be accompanied by a letter of credit, or
cash equal to the required escrow amount and a separate check for administrative fees will be required
upon issuance of the permit. All escrow and fee amounts are determined annually by Council through
the city's fee schedule.
(C) Contents. At a minimum, the stormwater pollution prevention plan shall contain the following
information:
(1) Existing site map. A map of existing site conditions showing the site and immediately
adjacent areas, including:
(a) The name and address of the applicant, the section, township and range, north point,
date and scale of drawing and number of sheets;
(b) Existing topography with a contour interval appropriate to the topography of the land
but in no case having a contour interval greater than two feet;
(c) A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including depth of water, a description of all vegetation which may be
found in the water, a statement of general water quality and any classification given to the water body
or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control
Agency, and/or the United States Army Corps of Engineers;
(d) Location and dimensions of existing stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which direction and at what
rate stormwater is conveyed from the site, identifying the receiving stream, river, public water or
wetland, and setting forth those areas of the unaltered site where stormwater collects;
168
(e) For subdivisions a description of the soils of the site, including a map indicating soil
types of areas to be disturbed as well as a soil report containing information on the suitability of the
soils for the type of development proposed and for the type of sewage disposal proposed, and
describing any remedial steps to be taken by the applicant to render the soils suitable;
(f) Vegetative cover and clearly delineating any vegetation proposed for removal; and
(g) One-hundred-year floodplain, flood fringes and floodways.
(2) Site construction plan. A site construction plan including;
(a) Boundary lines of all proposed land-disturbing activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Proposed construction site erosion control measures to meet the minimum BMP
requirements listed in ~ 155.17 of this chapter; and
(d) Anticipated starting and completion date of each land-disturbing activity including
the installation of construction site erosion control measures needed to meet the requirements of this
chapter.
(3) Plan of final site conditions. A plan of fmal site conditions on the same scale as the
existing site map showing the site changes including:
(a) Finished grading contours at the same interval as provided above or as required to
clearly indicate the relationship of changes from existing topography and remaining features with
additional submission of an as-built;
(b) A drainage plan of the developed site delineating in which direction and at what rate
stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will
be allowed to collect;
( c) The proposed size, alignments and intended use of any structures to be erected on the
site; and
(d) A clear delineation and tabulation of all areas which shall be paved or surfaced,
including a description of the surfacing material to be used.
(4) Copy of MPCA permit number for discharging storm water from construction activity
(MNRI0000l); and
169
(5) Copy of Rice Creek Watershed permit and submittal information.
(Ord. 79, passed 3-9-2005)
~ 157.16 REVIEW PROCESS.
(A) Process. Stormwater pollution prevention plans meeting the requirements of ~ 155.15 and
minimum BMP requirements of ~ 155.17 will be reviewed by the City Administrator or designee who
may approve, approve with conditions, or deny the stormwater pollution prevention plan. If the
stormwater pollution prevention plan is part of a large subdivision, the city may require the SWPPP be
reviewed by the City Engineer. Following Planning and Zoning Commission action, the stormwater
pollution prevention plan shall be submitted to the City Council. City Council action on the
stormwater pollution prevention plan must be accomplished within 120 days following the date the
application for approval is filed with the city.
(B) Duration. Approval of a plan submitted under the provisions of this chapter shall expire one
year after the date of approval unless construction has commenced in accordance with the plan.
However, if prior to the expiration of the approval, the applicant makes a written request to the city for
an extension of time to commence construction, setting forth the reason for the requested extension, the
city may grant one extension of not greater than one single year. The city shall make a decision on the
extension within 30 days of receipt. Any plan may be revised in the same manner as originally
approved.
(C) Conditions. A stormwater pollution prevention plan may be approved subject to compliance
with conditions reasonable and necessary to ensure that the requirements contained in this chapter are
met. The conditions may limit the size, kind or character of the proposed development, require
replacement of vegetation, establish required monitoring procedures, stage the work over time or
require alteration of the site design to ensure buffering.
(D) The adequacy, conditions and acceptability of any [mancial security shall be determined by
the City Council.
(Ord. 79, passed 3-9-2005)
~ 157.17 MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES.
(A) Standards. No stormwater pollution prevention plan which fails to meet the standards
contained in this section shall be approved by the City Council or designated representative.
170
(B) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other
appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion,
scour, or flooding of the site, receiving channels or a wetland.
(C) Construction site waste.
(1) Solid waste. Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and
must comply with MPCA disposal requirements.
(2) Hazardous materials. Oil, gasoline, paint and any hazardous substances must be properly
stored, including secondary containment, to prevent spill, leaks or other discharge. Restricted access to
storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be
in compliance with MPCA regulations.
(3) Liquid waste. All other nonstormwater discharges (concrete truck washout, vehicle
washing, maintenance spills and the like) conducted during the construction activity shall not be
discharged to the municipal storm sewer, wetlands, natural drainageways or waters of the state.
(D) Tracking. Vehicle tracking of sediment onto paved surfaces must be removed by street
sweeping weekly or as required by the city to prevent discharge of sediment-laden water from entering
the city storm sewer system.
(E) Drain inlet protection. All storm drain inlets shall be protected during construction until final
establishment has been accomplished or until approval from the city.
(F) Site erosion control. The following criteria (F)(I) through (4) apply only to construction
activities that result in stormwater leaving the site.
(1) Channelized runoff from adjacent areas passing through the site shall be diverted around
disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow
runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around
disturbed areas, unless shown to have resulted runoff rates of less than 0.5 feet/second across the
disturbed area for the I-year storage. Diverted runoff shall be conveyed in a manner that will not cause
erosion, scour or flooding of the conveyance at receiving channels.
(2) All activities on the site shall be conducted in a logical sequence to minimize the area of
bare soil exposed at anyone time.
(3) Runoff from the entire disturbed area on the site shall be controlled by meeting either
divisions (a) and (b) or (a) and (c).
171
(a) All exposed soil areas with a continuous positive slope within 200 lineal feet of a
surface water must have temporary erosion protection or permanent cover for the exposed soil areas
year-round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 21 days
(b) For sites with more than ten acres disturbed at one time, or if a channel originates in
the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed.
Each sedimentation basin shall have a surface area of at least one percent of the area draining to the
basin and at least three feet of depth and constructed in accordance with accepted design specifications.
Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be
sufficiently low as to not cause erosion, scour or flooding along the discharge channel or the receiving
water.
(c) For sites with less than ten acres disturbed at one time, silt fences or equivalent
control measures shall be placed along all side slopes and downslope sides of the site. If a channel or
area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges
to reduce sediment reaching the channel. The use of silt fences or equivalent control measures must
include a maintenance and inspection schedule.
(4) Any soil or dirt storage piles containing more than ten cubic yards of material should not
be located with a downslide drainage length of less than 25 feet from the toe of the pile to a roadway or
drainage channel. If remaining for more than seven days, they shall be stabilized by mulching
vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than
seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In-street
utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or
drainage channel must be covered with tarps or suitable alternative control; if exposed for more than
seven days, the storm drain inlets must be protected with an appropriate filtering barrier.
(G) Inspection and maintenance. All stormwater management BMPs shall be inspected weekly or
after every 1/2-inch rain event by the applicant. If sediment has reached 1/3 the capacity of the
sediment control practice, appropriate maintenance or replacement of the BMP must be completed to
ensure maximum effectiveness.
(Ord. 79, passed 3-9-2005)
~ 157.18 COMPLETION OF WORK.
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_ _n _ _I
I
Work will be considered complete when all exposed soil areas have undergone fmal stabilization,
as defined in ~ 155.06; is constructed to fmish grade, and is in conformance with all permit conditions
of approval to the satisfaction of the city. The applicant or representative shall notify the city when the
land-disturbing operations are ready for fmal inspection. Final approval shall not be given until all
work, including installation of all drainage facilities and their protective devices, and all erosion control
measures, have been completed and final stabilization has occurred in accordance with this chapter.
(Ord. 79, passed 3-9-2005)
~ 157.19 ENFORCEMENT PROCEDURES.
(A) Right of entry. The applicant shall promptly allow the city and its authorized representatives,
upon presentation of credentials, to:
(1) Enter upon the permitted site for the purpose of obtaining information, examination of
records, conducting investigations, inspections or surveys;
(2) Bring any equipment upon the permitted site as is necessary to conduct the surveys and
investigations;
(3) Examine and copy any books, papers, records or memoranda pertaining to activities or
records required to be kept under the terms and conditions of this permitted site;
(4) Inspect the stormwater pollution control measures;
(5) Sample and monitor any items or activities pertaining to stormwater pollution control
measures; and
(6) Any temporary or permanent obstruction to the safe and easy access of an inspection shall
be promptly removed upon the inspector's request. The cost of providing this access shall be born by
the applicant.
(B) Warning letter. If, upon inspection by the city, the applicant fails to implement the erosion
and sediment control practices outlined in the approved stormwater pollution prevention plan, the city
will notify the applicant of noncompliance and a timeline for completion of any work to bring the site
into compliance.
(C) Action against the financial security. If appropriate actions by the applicant have not been
completed within seven days after notification by the city, the city may act against the financial
security if any of the conditions listed below exist. The city shall use funds from this security to finance
any corrective or remedial work undertaken by the city or a contractor under contract to the city and to
reimburse the city for all direct cost incurred in the process of remedial work, including but not limited
to staff time and attorney's fees:
173
(1) The applicant ceases land-disturbing activities and/or filling and abandons the work site
prior to completion of the city-approved grading plan;
(2) The applicant fails to conform to any city-approved grading plan and/or the stormwater
pollution control plan as approved by the city, or related supplementary instructions;
(3) The techniques utilized under the stormwater pollution control plan fail within one year of
installation;
(4) The applicant fails to reimburse the city for corrective action taken under ~ 155.16; or
(5) Emergency action under either part (D).
(0) Emergency action. If circumstances exist such that noncompliance with this chapter poses an
immediate danger to the public health, safety and welfare, as determined by the city, the city may take
emergency preventative action. The city shall also take every reasonable action possible to contact and
direct the applicant to take any necessary action. Any cost to the city may be recovered from the
applicant's fmancial security.
(Ord. 79, passed 3-9-2005) Penalty, see ~ 155.99
~ 157.99 PENALTY.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a
misdemeanor and a separate offense shall be deemed committed on each day during or on which a
violation occurs or continues.
(Ord. 79, passed 3-9-2005)
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