HomeMy WebLinkAbout2005-11-01 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, NOVEMBER 1, 2005
6:30 p.m.
(MR. LARSON WILL NOT BE AT THE MEETING DUE TO VACATION)
L CALL TO ORDER
1. Roll Call
n. APPEARANCES/PRESENTATION(S)
IlL PUBLIC HEARING (S)
IV. OLD BUSINESS
1. Ordinance Codification (Please Review & Bring Comments) & Schedule Public
Hearing for December 6, 2005 P & Z Meeting
v. NEW BUSINESS
1. Ordinance #6-Nuisance, #6-A-Nuisance Abatement & #39-Signage (please
Review for December Meeting when Mr. Larson Will Be Available for Comment)
- (Residential Lawn Signs)
2. BridgeslUse of Easements (proposed Ordinance #4 Amendment, Guidelines &
Encroachment Agreement)
VI. DISCUSSION ITEMS
1. Downtown Redevelopment
vn. CONSIDERATION OF MINUTES
1. October 4, 2005 Planning and Zoning Meeting Minutes
VID. ADJOURNMENT
"REMINDERS"
.
Downtown Taskforce/Steering Committee (Downtown Redevelopment) - November 15, 2005
(6:30 p.m.) (Elementary School)
Downtown Taskforce/Steering Committee (Downtown Redevelopment) - December 20, 2005
(630 p.m.) ( Elementary School)
... l,
CHAPTER 153: SUBDIVISION REGULATIONS
Section
General Provisions
153.01 TitIe;jurisdiction
153.02 Purpose
153.03 Compliance
153.04 Conflict
153.05 DefInitions
Design Standards
153.15 General
153.16 Easements
~~~-53.l7~Wat"1 aitJ ~"WG.-:>y;R:jl1'
153.18 Blocks
153.19 Lots
153.20 Street
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Construction and Improvements
153.35 General conditions
153.36 Developer's agreement
153.37 Financial security
153.38 Construction plans
153.3 9 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
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
Administration and Enforcement
153.70 General
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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) l1lis "hapklliUif11" "it8il as tli2T\:;ul"lVill"SU6l1iviiiuuOrUillarl<.;i:imfwi!Ioe
referred to herein as this chapter.
(B) The geographic jurisdiction of this chapter includes the entire area within the
corporate limits of the city.
~ 153.02 PURPOSE.
This chapter is adopted:
(A) To assist the orderly, efficient and integrated development of the city;
(B) To provide lmiform 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.
~ 153.03 COMPLIANCE.
, Platting is required for ~ll subdivisions creating ~ or more lots, regardless of size, or
subdivisions which create parcels which are 2- 112 acres or less in size. Hereafter, no lot
in 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.
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t;' .II.
~ 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 wlllch impose the higher standard or requirements shall prevail.
~ 153.05 DEFINITIONS.
For the purpoSe of this chapter, the following de[mitions 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 liruits of any tract or
parcel of land.
- -- -,--.,- ----,-,.----:,-.~ ~-.--"-'- 0-.,-.--,.-.,----,.,-.-,--- c-"---- -0- ----. --- ,--...~:_--_ ~...::::::.--.-
- - ___ __ _n. ___ ___ __. __ __ _::- __. _,- ._",- ..;,~
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 1 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 corners thereof so
that they are bounded on 2 sides by streets. This term applies to any lot within the plat at
street intersections and bounded on 2 sides by streets,
CROSS-WALK. A right-of-way, municipally owned, which cuts across a block to
furnish access for pedestrians to the adjacent street or properties.
CUL-DE-SAC. Court or dead-end street; a short minor street having 1 end open to
traffic and being permanently terminated by a vehicular turnaround.
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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. 0 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 1 or more
structures.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a
lot.
LOT, DOUBLEFRONTAGE. A lot, the generally <lJl1'-osite ends jlfwhich both~ ~ ~~o ~ ~ ~ ~ ~ c-
o -affilfOuSliccb. - -----~--------- 0 0 0 0 0 0 o'
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 final 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 1 place to another.
OWNER. The person having legal title, his or her du1y 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 of land usually withheld from
the street rightCof-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 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:
.
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(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 ofJots 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 2 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 of the city.
TOPOGRAPHY. Thedetailed description of the features of a relatively small area,
====~tI1eI'e1krfea:1Uresol,urfit",,-.;uuflgwa[irnl lif anal"". - -- -- -- - -- -- - -'-
WATERCOURSE. Shall include charmel, 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:
(A) Naturalfeatures. 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, 10% of the gross area subdivided
shall be dedicated for public recreation space, with this 10% 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 10% of the subdivision land value, whichever is greater, prior to subdivision;
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the value (market) of the land shall be determined by negotiation between city and
developer. Lots created in any marrner that are larger than 5 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 plarrned 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
. ~ ~ ~~QSes;tliEnWlle?Sfuill1.,""'ljulrculiITu.illlMlT0 Urn ulyTouncuareportfruula ~.~ ~ ~. ~ ~~ ~
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 April 2 I, 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:
(a) Was a parcel of record on April 1, 1945;
time;
(b) Was subject to a written agreement to convey entered into prior to that
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in
width on January I, 1966;
(d) Was a separate parcel of not less than 5 acres in area and 300 feet in
width on July I, 1980;
(e) Is a single parcel of commercial or industrial land of not less than 5
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 2 or more lots or parcels, any 1 of which is less
than 5 acres in area or 300 feet in width; or
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,
(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 2 or more lots or parcels, any 1 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-1 0 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 ofa 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-farnily
dwelling, townhouse or a quadrarninium 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
~~~ecision;cilie-ca,e slialru';>cUllu 1IW1'larulliig ",iUZuiilligCurrrnn;;iWIToi--
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.
(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
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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 corner lot dimensions for single-family, detached
dwelling developments where permitted under the zoning chapter shall be:
(1) At least 10 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 10 feet times the minimum lot
depth permitted under the zoning chapter.
~) Shupe ufM,." Siiklll"::s uflub shall be .tppIljx111laLeIy iLlliglH aI1gb Lu SOaIgfir
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.
(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.
(D) Double frontage 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 10 acres.
The preliminary plat shall shpw a feasible plan for futU):e resubdivision by which lots
may be resubdivided to meet the size and dimension standards oflots 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 5 feet wider than the average interior
lots in the block.
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(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 acconunodate the probable volume of traffic thereon,
afford adequate light and air, facilitate fire protection, provide access offue-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:
(I) 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;
C~-(3) -Cul-J"-",,<.;,~W1i,,iiUsed: shall 'o"llalllua, ,liD! [a Ji,taIl<;""'-pu"ibk' ..
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;
(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
cuI-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 the advisement
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:
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Street Design Standards
. . . .
Arterial Collector Local Cul-de-sac
Right-of-way 120 ft. 66 ft. 60 ft. 60 ft. radius
.
Paving width 52 ft. 36 ft. 32 ft. 46 ft. radius
. . --..- -
Maximmn grade .. 5% 8%
Minimmn angle to 90 deg. 90 deg. 70 deg. 70 deg.
intersection
Horizontal alignment . . . .
(mirrimmn radius of
center line)
.
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Street Design Standards
Arterial Collector Local Cul-de-sac
Vertical curves 150 ft. 200 ft. 100ft.
(minimum sight
distance)
____._ n_.... _ _..___..
~ecfto approvalot CItY Engllleer
CONSTRUCTION AND IMPROVEMENTS
~ 153.35 GENERAL CONDITIONS.
Upon receipt of the preliminary plat approval by the Council and prior to Council
approval of the final 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
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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 furuish a letter of credit in the following amounts and upon
the following conditions:
(A) Escrow deposit. The subdivider shall deposit with the Treasurer a cash amount
equal to 150% 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% of the total cost of the
improvements as estimated by the City Engineer, including the estimated expense of the
c.it:yl1::il1lie C;l1gl1lt;~lJlg i;t.illncgarft;..;~ i.tlliruUlt::I ~Xpc:il:st:S "lncwrea bitlie -city in- -
connection with the making of the improvements. Release of the letter of credit will be
determined by Council resolution.
(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
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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 2 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.
--- ---- ---.--
__._n _...__ .. __
~ 153.42 IMPROVEMENT CONSTRUCTION.
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 2% 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:
I. Property irons;
2. Buildings;
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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
4. One-hundred-year flood elevation and IOO-year flood contour
property.
(B) Soil erosi~ T~d~~~I(~~~s~~0I1~s~e~~~~~ __ _ __ ._
tht;CR.?cvrre~-' .. . ...... ... ... .... .-- ---- --.. _un ----.- ...... -- . ..
(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 drivil!g 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
14
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:
(a) Reimburse the city for the operating cost of the street lighting system
for a period which will extend to 1 year after the utilities and improvements of the
development have been accepted by the city or until the time that 50% of the lots in the
subdivision are occupied, whichever is greater.
~~~.~~. --~ ",kctrl('; t.illlily-winpaii}anyco;b iiic-urr~aiu llit:~iTIstiillaLiull ur
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 2 years after final
acceptance of the streets by the city, whichever occurs first.
(J) 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 10 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.
IS
(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% opacity year round and shall
reach a minimum of 10 feet in height at the maturity. Deciduous shrubs shall be
minimum of24 inches in height, deciduous trees shall be a minimum of 1 inch caliper,
and conifers shall be a minimum of 4 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 I growing year, whichever is greater after acceptance of the
city streets and utilities. The first planting replacement shall be warranted for 12 months
from the time planting. The city shall 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 of them. Limits for
.~.. =n6illJYmJ I.Ir)' ~arriSfia1Ilrelil.ifIe,sll1al1 $3UlJ,0UU0i' Iiwre.ThecTIYSliiiIf'Oe 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.
Cross-reference:
Erosion Control, see Chapter 155
~ 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:
(I) 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 oflatest Minnesota Department of Highways
approved material, bearing a 7-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
16
installed; and
(5) The boulevards shall receive 3 inches of topsoil and be seeded.
(B) Sidewalks. Paved sidewalks 5 feet wide of portland cement, concrete or asphalt
copcrete may be required on I 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:
(I) Drainage ditches or channels shall have a minimum gradient of 1%;
(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 ofloose 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
~~ - cut:[fi\;itur WiU<:Ull,,<;Uti,,1iUi,1iillt:Sil, Ua"i7iiillcabylIiecitfEnglfIeet. . ~ ~ .~ ~ ,- --
(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 6
inches and the minimum size of private water services shall be 1 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. 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
17
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.
PLAT SPECIFICATIONSAND PROCEDURE
~ 153.55 GENERAL.
In a subdivision for residential use of less than 5 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 Commis_sion the location, proposed street and lot 1ay<lU~ _~ _ _~ ~
----amI-ome-+fiCl=~.... .aW1fiVi-~ . ... ... .._....u_ ... -.. ..c .._u_
I ._m ------------------ciily. -i~iglli -c:uil.-1Cci...~"',;-~_:..w.~""-p;.-upu~~-- --"uu "~lun. -- - -- - --- -----
~ 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 I sheet,
depending on the size and complexity of the proposed subdivision. The overall size of the
sheets shall be determined by the City Engineer.
(A) Location map. A map of the proposed subdivision showing:
(I) 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.
(8) Site map. A map of the proposed subdivision and all lands within 500 feet of its
boundaljes showing:
(1) Contours of the site at vertical intervals of2 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
18
nomesidential usage of land;
(3) Names of owners of properties adjacent to the subdivision;
(4) Existing and proposed streets and rights-of-way, including widths and
purp~ses;
(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 1 inch, showing:
(1) Proposed name of subdivision, which name shall not duplicate the names of
~~an-D'!-at~~t~r~c~Ol"de~ in the county; __ __ __ ____ ~_~-
(2) Location by section, town and range, or by other legal description;
(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 commuuity use; and
(8) Legend, notes, graphic scale, north point and date.
(D) Engineeringplans. 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:
(I) Show location and invert elevations of proposed sauitary 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.
19
(E) Restrictions. A draft of the protective covenants or private restrictions to be
incorporated in the final subdivision plat.
~ 15~.58 FINAL PLAT.
(A) The final plat shall be drawn at a scale no smaller than 100 feet to I 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. Lot lines to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
--..---
_..... ...n "____
~ ~ ~(")TIUtfiliigl"', allllulStanee,-to~l"'leili:",sresW:tiliShed slteethiies oy-_C
official momunents (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;
(f) Accurate location of all monuments. Pipes or steel rods shall be placed
at the comers of each lot and at each intersection of street centerIines;
(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 ofthe final plat, 10 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, apd Fire and Police
Departments.
~ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
(A) General. The preliminary plat of the proposed subdivision must be approved by
20
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 fInal
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 fJling 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 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.
0) Application. After the advisory meeting, the subdivider shall submit an
application for approval of a preliminary plat to the Administrator. The application shall
~6eac"oIIlpailloobyt.linollowing.--~--- --- ---- -.- ----
(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 10 days before the meeting to provide adequate time for review. The
Administrator shall send 1 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 10 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
21
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 final
approval to the Administrator, as set forth in these regulations. The application shall be
accompanied by:
(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
--aevcloper, and .
(e) Final plat will not be approved until developer gets approval from Rice
Creek Watershed.
(2) Action by Administrator. The Administrator shall send 1 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. lfthe final 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 final plat approval, the city approval of the plat is void.
(5) Noncompliance. In the event the final plat as submitted for final approval is
returned for noncompliance:
(a) The applicant m<iY treat the notification as. denial offmal 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.
I
I
L
22
ADMINISTRATION AND ENFORCEMENT
~ 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
...~. a'-lliLo,ii'-IgTl'-llillii:;:sloil~ Tu, -apubllClIeaiingTI'-ei'i3Ui4afceicgi vingnotict:oT
the time and place in the official newspaper of the city at least 10 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 3% of the City Engineer's estimate of the cost of the
improvements.
23
(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% 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 2 years,
the City Engineer will inspect the utilities and streets. If everything is acceptable, the city
will accejJt full responsibility from that point on.
(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 COlUlcil. An
, =. .~~. .am.etItl:fuentTIohrntrateU1lytlreCCPlmmingim(fZumng-eonrmiss"fom,rralffiiYererrelfto1lre ~~~
Commission for study and report, and the Council shall not act on the amendment lUltil 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 1 public hearing thereon after a notice of the
hearing has been published in the official newspaper at least 10 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 COlUlcil 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 ~ petition requesting an amendment to this chapter shall
pay a fee according to the schedule established by the City COlUlcil. The fee is payable at
the time of filing and is not refundable.
~ 153.72 APPEALS.
24
The City Council shall 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.
(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 filed 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 filing 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.
=~~~='~~cBTFees:c'fhere-slfaJlb~e~fee-cliargeufor appeals.
~ 153.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
25
CHAPTER 154: ZONING CODE
Section
General Provisions
154.001 Title; purpose
154.002 Jurisdiction
154.003 Application
154.004 Scope and interpretation
154.005 General interpretation
154.006 Definitions
General Regulations
154.015 Lot provisions
154.016 Nonconforming uses and structures
154.017 Home occupations
154.0 18 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 required
154.024 Final grading and landscaping
154.025 Building numbers
Districts and Use Regulations
154.035 General provisions
154.036 Rural Residential District (R-l)
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)
154.050 Mobile Home Park District (R-M)
154.060 Commercial District (B-1)
154.070 Industrial District (I-I)
154.080 PubliclInstitutional District (P-l)
154.090 Mixed Use District (M-1) -
154.101 Commercial exterior building materials
154.102 Industrial exterior building materials
154.110 Fences
154.120 Height
154.130 Yards
1
154.140 Sho~ands-Special Provisions
154.150 Other Standards
154.160 Woodlands preservation
154.170 Parking requirements
154.180 Landscaping
Planned Unit Developments
154.065 Objectives
154.066 General requirements
154.067 Uses permitted
154.068 Relationship ofPUD site to adjacent areas
154.069 Minimum size
154.070 Minimum lot size
154.071 Setback and side yard requirements
154.072 Access to public right-of-way
154.073 Utility requirements
154.074 Open space
154.075 Parking
154.076 Arrangement of commercial uses
~~=.. .,tS4,{F1f'"kfFangemenh)f4mlu~trial--use,r~'~~~==--==C"~'-
154.078 Pre-application meeting; procedure
154.079 Application
154.080 Actions
154.081 PUD agreement
154.082 Final review and approval
154.083 Documentation required
154.084 Action on final application
154.085 Time limit
154.086 Amendments
154.087 Completion
154.088 Site improvements
154.089 Construction
154.090 Maintenance of common open space
154.091 Homeowners' association
Administration
154.300 Performance standards
154.31 0 Variances
154.320 Conditional use permits
154.330 Interim use permits
154.350 Amendments
154.400 Enforcement and violations
154.410 Fees and licensing
154.999 Penalty
Appendix A: Table 1, District Regulations Lot and Yard Requirements
2
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.
GENERALPROVlSIONS
~ 154.001 TITLE; PURPOSE.
(A) This chapter shall be known as the City Zoning Ordinance, except herein referred to as this
chapter.
~)-RistlwpurpuS<Tof-thtsehaptel9:(?,=o.
(I) 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 ofliving in the community;
(9) Establish compatibility ofland uses in the city to protect existing investments and
property values;
(10) Promote opportunities for cohesive and compatible business development; and
(l I) Establish guidelines and reguhitions to promote housing .variety and quality living
environments.
~ 154.002 JURISDICTION.
3
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-1 Rural Residential until the time that the City Council may rezone the added territory to
more appropriate classification.
~ 154.003 APPLICATION.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive
than comparable conditions imposed by any other regulation, the regulations which impose the higher
standard or requirements shall prevail.
~ 154.004 SCOPE AND INTERPRETATION.
(A) Scope. No structure or part thereof shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the city. No structure or land shall be used for any
purpose or altered in any manner that is not in conformity with the provisions of this chapter. Unless
otherwise noted, no structure permitted under this chapter may be inhabited or occupied without a
certificate of occupancy issued by the city.
=-~~~==--='fP0"'ReIationshipTo-vompn!hensive'Plan.'=lnterpretatiofr(Uldcenforeement'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) 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 timeline for action is initiated. In the event the
city cannot act upon a request within a 60-day time frame, the Councilor Administrator may grant the
city an automatic 60 day extension of time and the administrator will notify an applicant in writing that
the action will be completed within 120 days ofthe date the application was accepted by the city. In
the event that multiple approvals are involved in any action, such as a site plan review requiring a
variance or a zoning ordinance amendment requiring a comprehensive plan amendment, each action
shall require a separate, independent time line for action.
(F) Other ordinances. The city has enacted or may enact other ordinances that may supplement
or supersede this chapter, including but not limited to the subdivision chapter, shoreland ordinance and
the adoption of building codes. Users of this chapter should contact the city to determine whether
certain provisions in this chapter are affected by other chapters or ordinances.
Cross-reference:
4
Building Code adopted, see ~ 150.01
~ 154.006 GENERAL INTERPRETATION. -
For clarity and consistency in the understanding and application of this chapter, the following shall
apply, in addition to the provisions of S 10.02:
(A) Sentence construction or phraseology in the present tense, and similarly, references in the
future tense may include the present;
(B) The catch lines of the sections of this chapter are intended as mere catchwords to indicate the
content of the section, and shall not be deemed or taken to be titles of the sections, nor be deemed to
govern, limit, modifY or in any manner affect the scope, meaning or intent of the provisions of any
sections.
~ 154.007 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
~ -~ ="indicate~'fe1IUire!fllcdi-ffereut-1IIemIil1~-~-(7thel'w(\r~t=ineluflea~~s-seefiolrsillftl1lavecili~--~~~~
meaning defmed in Minnesota Statutes. Other words not so defmed shall have tlte 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 otlterwise improving or rearranging a facility, or during normal periods of vacation or
seasonal closure.
ABUTTING. Having a common border witlt, 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, tlte 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, tlte operation
of any accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting
property .
AL TERATION. 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
5
considered a STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices
used for the transmission or reception of electromagnetic waves external to or attached to the exterior
of any building. - . - -
APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a multiple-
family building, designed for occupancy by a single family.
APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a principal use or
building.
AREA IDENTIFICATION SIGN. A freestanding sign which identifies the name of a residential
subdivision, commercial or industrial development.
BASEMENT. A portion of a building located partly underground, having more than 50% of its
floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry and
earth sheltered homes shall be construed to satisfy BASEMENT requirements.
BLOCK. A tract of land bounded by streets, or a combination of streets, parks, cemeteries,
railroad rights-of-way, shorelines, waterways or corporate boundary lines of the city.
"-- -~- --_.. -- --- --_..._~ -.,.------ ,---.-,-.,..------ ----- -,.-,-- 7-,-----,-.--..~ ..c--c-~- ~. -=---0- ,-,,---'co--- ~.,--- =---- .7-- .-'--0-- ..------ --
,. ------'----_,.--'----~.._'--"'"_'__'__'_'-____"__'_,._.'________'._.__.~__~_o._'__.______.__..__=_'___..____n_ _ ~_ __..__.._______
BOARD. The Board of Appeals and Adjustments of the city.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating
equipment.
BUILDABLE AREA. The space remaining on a zoning lot after minimum yard and open space
requirements have been met.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons,
animal or chattel, and when the structure is divided by party walls without openings, each portion of
the building so separated shall be deemed a separate BUILDING.
BUILDING COVERAGE. See lot coverage.
BUILDING LINE. The line, parallel to the street line, that passes through the point of the
principal building nearest the front lot line.
BUILDING, PRINCIPAL. See principal structure.
BUSINESS AREA. Any business activity which renders service to other commercial or industrial
enterprises.
CERTIFICATE OF OCCUPANCY. Issued by the Building Officia1lInspector of the city upon
satisfactory final inspection of dwelling unites) or commercial building(s).
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth with the
intention of preparing real property for nonagricultural development purposes. This definition shall not
include the selective removal of non-native tree and shrub species when the soil is left relatively
6
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.
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 larid.
DEVELOPMENT. All structures and other modifications of the natural landscape above and
below ground or water, on a particular site.
DISTRICT. See zone.
7
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 I or more families.
DWELLING, MULTIPLE. A detached, residential building containing 3 or more dwelling units,
including what is commonly known as an apartment building, but not including group, row or
townhouses.
DWELLING, SEASONAL. A dwelling not used for permanent residence and not occupied for
more than 6 months in each year.
DWELLING, SINGLE-FAMILY, ATTACHED (group, row and townhouses). One of2 or more
residential buildings having a common or a party wall separating dwelling units.
DWELLING, SINGLE-FAMILY, DETACHED. A residential building containing not more than
I dwelling unit entirely surrounded by open space on the same lot.
DWELLING, TWO-FAMILY. A building used exclusively for occupancy by 2 families living
~~='~~indep8ndentlY"oFeackuther. -=~=~~~~~==-~__~~----=~'c-~=___~~='"=_~~--_____
DWELLING UNIT. One or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by I family with separate toilets and facilities for cooking
and sleeping.
EASEMENT. The right of a person, govermnent agency or public utility company to use public
or private land owned by another for a specific purpose.
ESSENTIAL SERVICES. Public and private utilities required by the resident and working
population.
FA{:ADE. The exterior wall of a building exposed to a public view or that wall viewed by
persons not within the building.
FAMILY. An individual, 2 or more persons related by blood, marriage or adoption, or a group of
not more than 5 persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
FENCE. Any artificially constructed barrier of any material or combination of materials erected
to enclose or screen areas ofland.
FLOODPLAIN ot 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 IOO-year flood without cumulatively increasing the water surface
elevation more than I 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
8
shallow water depths.
FLOOR AREA. The sum of the gross horizontal areas of the several floors ofa 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 comer lot.
GARA GE, 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.
- --------- ~_..__._- -~ -' -_.' - ----,---- -" "-',-- ~-'.- -'--"-
""'"'-------=...-_~__,=____==_~"..=_._"~~.._~~.....,..._.. ----______ ----- _n" -'--'--'--=."~'O::,_==--_,"-,-~,:~",--=-=------,-,-"__,_,,,,_-----"-'-_"~'-_'~,c-==~...,~-_,._-'-----"'-
GRADE. The lowest point of elevation of the [mished surface of the ground, paving or sidewalk
within the area between the building and the property line, or when the property line is more than 5 feet
from the building, between the building and a line 5 feet from the building.
HEIGHT OF BUILDING. The vertical distance from the average elevation of the finished grade
at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a customary,
incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the
property or affect the residential character of the neighborhood.
HOTEL. A building occupied as more or less temporary abiding place of individuals who are
lodged with or without meals for compensation and in which there are more than lO 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 2 or more
separate industrial buildings. This development is planned, designed, constructed and managed on an
integrated and coordinated basis with special attention given to oncsite vehicular circulation, parking,
utility needs, building. design and orientation and open space.
JUNK YARD. Land or structures used for the storage or keeping of junk, including scrap metals,
or for the dismantling or wrecking of automobiles or other vehicles or machinery, other than the
storage of materials which is incidental or accessory to any business or industrial use on the same lot.
KENNEL, COMMERCIAL. Any structure or premises on which 5 or more domestic animals
9
over 6 months of age are kept, owned, boarded, groomed, sheltered, protected, bred or offered for sale
or any other merchandising. Every COMMERCIAL KENNEL shall be enclosed or fenced in a
manner as to prevent the running at large or escape of the domestic animal(s) confmed therein.
LIGHT MANUFACTURING. The processing"and fabrication of certain"materials and products
where no process involved will produce noise, vibrations, air pollution, fIre hazard or noxious
emissions which will disturb or endanger neighboring properties.
LOT. A platted parcel ofland intended to be separately owned, developed and otherwise used as a
unit.
LOT AREA. The area of horizontal plane bounded by the vertical planes through front; side and
rear lot lines.
LOT, CORNER. A lot abutting on and at the intersection of 2 or more streets.
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or covered by the
total horizontal projected surface of all buildings, including covered porches and accessory buildings,
by the gross area ofthat lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
._.___=-c==:....;_::.=-=--=--=::..-'-~-=---=------==---:'=.~-=:::......-==:-:-:--_____.___.:-=.::-:::~-::::=..::::.~---=:-:-~:-==---=='.c-:-~.._ .__~_ .,_.,"'---=-_ __
LOT, INTERIOR. A lot other than a comer lot.
LOT LINE. A line dividing 1 lot from another lot or from a street or alley.
LOT LINE, FRONT. On an interior lot, the lot line abutting a street; on a comer lot, the lot lines
abutting a street; on a through lot, the lot line abutting the street providing the primary access to the lot;
or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is
obtained.
LOT LINE, REAR. The lot line not intersecting a front lot line that is most distant from and most
closely parallel to the front lot line. A lot bounded by only 3 lot lines will not have a REAR LOT
LINE.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT, MINIMUM AREA OF. The measurements of a lot computed exclusive of any portion of
the right-of-way of any public thoroughfare.
LOT OF RECORD. A lot which is part 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 pursuanttb a Home Rule Charter; " "
(2) Was the subject of a written agreement to convey entered into prior to that time;
(3) Was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January
1,1966;
10
1980;
(4) Was a separate parcel of not less than 5 acres in area and 300 feet in width on July 1,
(5) Is a single parcel of commercial or indusfiia11and of not less than 5 acres and having a
width of not less than 300 feet and its conveyance does not result in the division of the parcel into 2 or
more lots or parcels, anyone of which is less than 5 acres in area or 300 feet in width;
(6) Is a single parcel of commercial or industrial land of not less than 5 acres and having a
width of not less than 300 feet and its conveyance does not result in the division of the parcel into 2 or
more lots or parcels, any 1 of which is less than 5 acres in area or 300 feet in width; and
(7) Is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet, and its conveyance does not result in the division of the parcel into 2 or
more lots or parcels, any 1 of which is less than 20 acres in area or 500 feet in width.
LOT, SUBSTANDARD. A lot or parcel of land that has less than the required ruinimum 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 ofIiving space with utility installations, wiring and
plumbing in conformance with local codes.
MOBILE HOME PARK. Any preruises which has facilities to accommodate 1 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. S
169.01, as amended.
NONCONFORMING STRUCTURE OR USE. A structure or use laWfully in existence on the'
effective date of this chapter or any amendment thereto and not conforming to the regulations for the
district in which it is situated.
NURSING HOME or REST HOME. A licensed establishment having accommodations for the
continuous care of 2 or more invalid, infirm, aged convalescent patients or disabled persons that are
11
nomelated.
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 mGH 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 ofland or buildings.
PLANNED UNIT DEVELOPMENT. A tract ofland, which will contain 2 or more principal
structures, developed under unified ownership or control, the development of which may be unique and
of a substantially different character than that of the surrounding area.
=PL*1'.-"'l'hecdrawingcormap'6Fa-subdivisioft-preparea=for-filtng'Of-recora p1itsU:annO'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 defined in this section.
PUBLIC HEARING. An official public meeting, which notice has been published in the official
newspaper.
PUBLIC PROPERTY. Any street or highway that includes the entire width between the boundary
lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any
other publicly owned property or facility.
RECREATIONAL USE. Golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat-launch ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking,
bicycling and horseback riding trails.
RECREATIONAL VEHICLES, A mobile vehicle, including boats, used for recreational
purposes capable of being towed or being self-propelled.
RESIDENTIAL FACILITY. A state-licensed-residential facility, defmed by M.S. Chapter 462, as
amended, serving 6 or fewer persons, in a single-family residential district and no more than 16 persons
in a multiple-family residential district.
RIGHT-OF-WAY. A street, alley or easement permanently established for the passage of persons
and vehicles, including the traveled surface oflands adjacent that are formally dedicated to that usage.
12
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public
service that is ordinarily open to some persons outside the regular constituency of the organization.
SETBACK. The minimum horizontal distance betWeen a lot line and a building line or use.
SEWER SYSTEM. Pipelines or conduits, pumping stations, forcemain, and all other construction
devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to
a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water
and a line parallel to it at a setback of 50% 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 unplanted cemetery that falls under the provisions
of M.S. Ii 307.08, as amended. A historic site meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are
?=~~-=automatimrl!yccoll"iJ"'l",-d'totJ\YSI(JNlFfCltNT~HIM'ORl(7SP1'E&=
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.
STOR Y. That portion of a building included between the surface of any floor and the surface of
the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling
next above it.
STORY-HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of
which, on at least 2 opposite exterior walls, are not more than 2 feet above the floor of the story.
STREET ACCESS. A public thoroughfare which affords the principal means of abutting land.
STREET LINE. The legal line of demarcation between a street and abutting land.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or
structure, such as bearing walls, columns, beams or girders; provided, however, the application of any
exterior siding to an existing building for the purpose of beautifying and modernizing shall not be
considered a STRUCTURAL ALTERATION.
STRUCTURE. AnYthing constructed or erected, the use of which requires a location on the
ground or attached to something having a location on the ground, or an attachment to something having
a fixed location on the ground; including, in addition to buildings, billboards, carports, porches, decks
and other building features, but not including sidewalks, drives, swingsets, enclosed play structures
under 50 square feet, fences and patios.
13
SUBDIVISION. See subdivision chapter.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel
supplies, coal, heavy equipment, feed and grain and similar goods. SUPPLY YARDS do not include
the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TOWNHOUSE. Single-family, attached units in structures housing 3 or more continuous
dwelling units, sharing a common wall, each having separate and individual front and rear entrances;
the structures being as of a row house type as distinguished from multiple-dwelling apartment
buildings.
TRA VEL TRAILERS. A mobile vehicle with wheels, designed for overnight living or camping
purposes, capable of being towed by a motor vehicle.
UNIT-mobile home park. A section of ground in a mobile home park of not less than 7,500 square
feet of unoccupied space in an area designated as the location for I mobile home, off-street parking
space for 2 automobiles and other uses considered pertinent to the establishment and use of a mobile
home residence as permitted by this chapter.
(Ord. 25, passed 10-13-1976)
USABLE OPEN SPACE. A ground area on a lot, which is graded, developed, landscaped or
equipped or intended and maintained for recreation or leisure, available to and usable by persons
,=,-c="=1JCcupying--auwel1ing'unltcanu1:heirguests:-c,,-=, -cc_"=~-==.~~__=c=-c.=..~_=~~~~_=-~c~~c=.c-c_
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.
WA TER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above-ground
building or other improvement except stairways, fences, docks and retaining walls which, because of
the relationship of its use to a surface water feature, reasonably needs to be located closer to public
waters than the normal structure setback. Examples of these structures and facilities include
boathouses, gazebos, screen houses, fish houses, pump houses and detached decks.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land or is covered by shallow water. For purposes of this
definition, WETLANDS must have the following 3 characteristics:
(I) Predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and
14
(3) Under normal circumstances support a prevalence ofthat vegetation.
YARD. A required open space on a lot which is unoccupied and unobstructed from the ground
upward, except as otherwise proVided for herein. The measurement of a YARD shall be construed as
the minimum horizontal distance between the lot line and the building line.
YARD, FRONT. A yard extending across the full width of the front lot between side lot lines and
extending from the abutting street right-of-way line to a depth required in the yard regulations of the
district in which the lot is located. On a corner lot the street address or narrowest street dimension of
the street shall be the FRONT YARD. The other street frontage will be considered a FRONT YARD
for principal structure setbacks and a side yard for purposes of calculating setbacks for accessory
structures.
YARD, REAR. A yard extending along a side lot line between the front and rear yard lot line,
having a width as specified in the yard regulations for the district in which the lot is located.
YARD, SIDE. A yard between the sideline of the lot and the nearest line of the building and
extending from the front yard to the rear yard.
ZONING DISTRICT. An area or areas for which the regulations and requirements governing use,
~=-~~~'-lo1"-aml-b-ulkcof'tjui:ldingS'alla-j}remi:ses-are-unllom'l. . ~~-~~~--=~~~==-c
GENERAL REGULATIONS
~ 154.015 LOT PROVISIONS.
(A) No lot of record shall be reduced in size below the district requirements in Table 1 of
Appendix A to this chapter.
(B) An existing lot of record shall be deemed a buildable lot even though the lot area andlor
dimensions are less than those required for the district, provided as follows:
(1) Evidence must be presented that the lot in question met minimum requirements for the
division of property under ordinance regulations in effect at the time of the division of property;
(2) It fronts on a public street; and
(3) The lot is within 70% 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
~ 154.016 NONCONFORMING USES AND STRUCTURES.
15
Any structure or use existing upon the effective date of the adoption of this chapter which does not
conform to the provisions of this chapter may be continued, subject to the following conditions:
(A) The nonconforming use is not expanded or enlarged, except in conformity with the provisions
of this chapter; . . .
(B) If a nonconforming use is discontinued or a nonconforming structure is abandoned for a
period of 12 months, further use of the structure or property must conform to this chapter;
(C) If a nonconforming use is replaced by another use, the new use shall conform to this chapter;
(D) If a nonconforming use or structure is damaged by any cause to the extent that repair or
replacement costs exceed 50% of the market value, the use or structure may not be replaced or repaired
except in conformity with this chapter; and
(E) Normal maintenance of a nonconforming structure is permitted, including necessary
nonstructural repairs and incidental alterations, which do not extend or intensify the nonconforming
use.
Include new ordinance #89.
~ 154.017 HOME OCCUPATIONS.
-_.-- -"- -- - - -- ---- - --. - --- -_.- - -- -- ---, ----. ----. --- ~-_. -----
---~~::=,--~~-.::...="""'.~-~-~~~~c-~-_ _-"____ __ _ __ ~ __ __ _ _ _ __ _ __ __ _ ___ ______...__
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely by persons residing in the residence with the
exception of no more than 1 additional nonrelated employee;
(B) All business activities and storage shall take place within the structure;
(C) There shall be no alteration to the exterior of the residential dwelling, accessory building or
yard that in any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the premises, provided
all stock-in-trade is completely enclosed in the principal structure. Retail merchandise may not
constitute more than 50% of the principal structure square footage;
(G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of
the occupation shall be parked, stored .or otherwise present at the premises other than as is customarily
used for domestic or household purposes;
(H) Only on-site off-street parking facilities typically associated with a residence shall be used;
and
(I) The conduct of an occupation or the use of substances which may be hazardous to or in any
way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be
permitted.
Cross-reference:
Outside storage as nuisance, see S 91
16
~ 154.018 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following minimum
standards:
(A) All dwellings shall have a minimum width of 24 feet at the narrowest point, with the
exception of the M-1 District and R-M District;
(B) Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted;
(C) All newly constructed single-family detached dwellings shall have attached garages. Garages
may not be converted to habitable space without replacing the required garage;
(D) Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12
roof pitch and shall be covered with an approved roofing material; and
(E) All single-family dwellings shall have roof overhangs which extend a minimum of I foot from
all the walls of the structure.
Cross-reference:
cc-.==== ~'8r:fFJmP!dng'Ye7.J11irr:mef1fs-offhis-<:haprer; ~-~~~~=~. =~=-~~===~=-.c-~~~~~~~~~-=-
~ 154.019 TEMPORARY DWELLINGS AND STRUCTURES.
(A) The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the
purpose ofliving quarters is not permitted in the city, except as approved by the City Council under
special circumstances.
(B) Applications for temporary dwellings shall be made in writing to the Administrator and it
shall be the Administrator's duty to submit the application to the City Council at the next regular
meeting thereof. The City Council in its discretion shall grant or deny the permit and may require, as a
condition to the granting of the permit or any renewal permit, that the applicant appear in person before
the City Council and be examined as to his or her plans for a permanent dwelling and other matters
relative thereto. Permits shall in no event be granted for a period in excess of 90 days. At the
expiration of the 90-day period, the owner or occupant of any trailer so placed upon the premises in
accord with this section shall immediately remove the same, unless prior to the expiration of the 90-day
period, the owner or occupant shall obtain from the City Council a renewal permit. Application
therefor may be made to the Administrator as in the case of original permits, and must be submitted to
the City Council prior to the expiration of the original 90-day period. One renewal permit may be
granted upon good cause shown, but in no event shall a renewal permit be granted for a period in
excess of 90 days and not more than I renewal permit shall be granted.
(Ord. 25, passed 10-13-1976) Penalty, see S 152.99
(C) Temporary structures and trailers used in conjunction with construction work shall be
permitted only during the period that the construction work is in progress. Permits for temporary
structures shall be issued for a period not exceeding six months.
17
~ 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.
Cro~refiren~: - -
Sewer Regulations, see Chapter 50
Water Regulations, see Chapter 50
~ 154.021 RELOCATED BUILDINGS OR STRUCTURES.
(A) No existing building or structure may be relocated anywhere in the city without a permit. A
permit for the relocation of any building or structure may not be issued without site plan approval by
the City.
(B) The Planning and Zoning Commission shall not recommend approval of a site plan without
certifying the following:
(1) The building or structure is compatible in appearance, age and character with existing
buildings and structures in the area;
-~c~-==,c=cc-~-=(2-)=Thecbuildingcon;truetare-meet!pa:11-code-re-quitementsfor-rtew"buildifigs or-struCfufes;-~c~=~
(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) No more than two accessory structures are permitted on any single-family, detached dwelling
parcel located in any district except R-1. Combined aggregate square footage for accessory structures
may not exceed 200 square feet or 2% of the lot area, whichever is greater, except in the M-1 and R-4
Districts. No accessory structure may be constructed on a parcel without a principal structure.
Accessory structures must have a minimum of a 5-foot side setback and a 10-foot rear setback, except
in the M-1 District where the Building Code governs the setbacks. No structure may be placed in an
easement.
(B) In case an accessory structure is attached to the main building, it shall be made structurally a
part of the main building and shall comply in all respects with the requirements of this chapter
applicable to the main building. An accessory building, unless attached to and made a part of the main
building, shall not be closer than 6 feet to the main building, except as otherwise provided in this
section. The side walls .of an accessory building may not exceed 10 feet in height. The total area of an
attached accessory building (garage) shall be no greater than 1,500 square feet per level. Swimming
pools may exceed the size requirements for accessory structures, but they carmot exceed 50% of the
rear yard.
(C) Commercial uses (as defmed by this chapter) in the M-I District will follow the commercial
guidelines for percentage of green space. For all other properties in the M-I District, the maximum
accessory structure allowed is 704 square feet and 440 square feet in the R -4 District, neither to exceed
18
the size of the principal structure if an attached garage does not exist. If an attached garage exists, the
maximum accessory structure allowed is 2% of the lot size or a maximum of200 square feet.
~ 154.023" SITE PLAN REVIEW "REQUIRED.
(A) Review scheduling. For all land use applications or permit applications for commercial or
industrial structures, a site plan review is required by the Zoning Administrator or his or her designee.
The review shall take place 30 days prior to the desired Planning and Zoning meeting. For example, if
a property owner desires to construct a home (or any other structure) and desires to have it presented to
the Planning and Zoning Commission in May, the application and site plan need to be presented to the
Zoning Administrator or his or her designee the first week in April.
(B) Submittal requirements.
(1) Boundary survey of parcel including identification of all monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and
curbing;
(3) Scaled identification of all setback dimensions from property lines;
--
---_._-_._...~_. -
(4) Scaled locations of all existing and proposed utilities and easements;
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes;
(7) Scaled site grading plans, including erosion and sedimentation control mechanisms and
procedures;
(8) Scaled delineations of any shoreland, floodplain or wetland areas on the site;
(9) Identification of any floodplain or wetland encroachments and detailed mitigation plans;
(10) Detailed landscape plans, illustrating size, types and locations of all materials, a
description of site seeding or sodding, a description of the timetable for site landscaping and the
identification of any irrigation systems; and
(II) Detailed descriptions of any site fencing, including type, location and height. All plans
shall be dated and bear the preparer's name( s), including professional registrations or certifications
when appropriate or required.
(C) Review requirements.
(I) For actions that Will require city review, applicants shall submit 16 sets of site plans with
a required application form and appropriate fees to the Administrator for distribution. Site plans will
be evaluated for consistency with documentation requirements. Upon acceptance of the application,
site plans will be distributed to the appropriate city entity for review and recommendation.
(2) Action to approve, modify or deny site plan applications will be based upon consistency
19
,-
of the application with the city's comprehensive plan, zoning chapter, other policies and official
controls and the compatibility of the proposed action with existing area land uses, existing area
investments and neighborhood character, capacity of public streets and utilities and future planned land
uses.
(D) Exceptions. The city may waive certain submittal requirements for residential variance
applications, when it is determined that submittal requirements are not applicable or are not necessary
to complete a review of the proposed action. The city may also waive certain submittal requirements
for other actions, when site plan information for the subject property has previously been submitted to
the city and may be more appropriately supplemented with new information.
~ 154.024 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
--c=-cc~=~~preventgc-erus"roncdue"io~wind -{Jrwater.-~ExtellHiom;marbecgranteu-at i:he=:Buildingc(Jfficiat'-scd:iscretion,=--=-c-- - = -
~ 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 6 inches in height, in a contrasting color to the base, and so placed to be easily seen from the
street.
(B) Alternative display. In those cases where the principal building is obscured from view from
the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers
shall be displayed from a permanent mounting on the property so that they are clearly visible from the
street of address.
DISTRlCTSAND USE REGULATIONS
~ 154.035 GENERAL PROVISIONS.
(A) Zoning map. A map entitled. Centerville Zoning Map is hereby adopted by reference and
declared to be part of this chapter as the official zoning map. This map shall be on permanent file and
available for public inspection in the City Hall. It shall be tlie responsibility of the Clerk! Administrator
to maintain and keep the map up to date and to record each amendment thereto within 30 days after
official publication of the ordinance adopting the amendment.
(B) Interpretation of the zoning map. Where due to the scale, lack of detail or illegibility of the
zoning map attached hereto, there is an uncertainty, contradiction or conflict as to the intended location
20
of any zoning district boundary as shown thereon, the Zoning Administrator shall make an
interpretation of the map upon the request of any person. Any person aggrieved by the interpretation
may appeal the interpretation to the Board of Appeals and Adjustments. The Board of Appeals and
Adjustments, in interpreting the zoning map or deciding any appeal, shall apply to the following
standards: - - - -
(I) Zoning district boundary lines are intended to follow lot lines, or be parallel or
perpendicular thereto, or along the centerIines of streets, rights-of-way or watercourses, unless the
boundary lines are fixed by dimensions shown on the zoning map;
(2) Where zoning district boundary lines are so indicated that they approximately follow lot
lines, the lot lines shall be construed to be the boundary lines;
(3) Where a zoning district boundary line divides a lot, the location of any zoning district
boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the
use of the map scale shown thereon; and
(4) If, after the application of the foregoing rules, uncertainty stilI exists as to the exact
location of a zoning district boundary line, the boundary line shall be detennined 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.
~.___'___'._'__'__'_ __'_'___n _ __ _,,_, ____ ___ -----,__-------,-._ ______
~,'--._..~~-'---.._.._--.-~-- ---'--,,-_.~------..~-_._----.- --..- - ----.._--._-----,.--
(C) Establishment of districts. For the purpose of this chapter, the city is hereby divided into the
following zoning districts:
(1) R-l 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;
(5) R-M Mobil Home Park District
(7) B- I Commercial;
(8) I -I Industrial Park;
(9) pol PublicfInstitutional; and
(IO)M-I Mixed Use.
~ 154.036 RURAL RESIDENTIAL DISTRICT (R-l).
21
(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 of the limited duration anticipated for
agricultural uses in the city and the incompatibilities which often exist between agricultural and
nonagricultural uses, permitted uses in the R-I District will not reflect intensive commercial
agricultural uses.
(B) Permitted uses.
(I) Single-family detached dwellings at a density not exceeding I home per 10 acres;
(2) Residential accessory uses and home occupations;
(3) Crop production and vegetable gardening;
(4) Produce stands for products raised on the premises;
(5) Tree nurseries and sod farms; and
(6) Horses, livestock and fowl, not exceeding a density of 1 horse or livestock animal per
acre or 3 fowl per acre.
~.~--=~~(e-)ccSpecta11'equinmentsc- --Agricu1tura1cusesa.re'IJerrnitteucin'ihe=R",lDislfict-sUbjecttOthe-=~-='=-= ,'-
following requirements:
(1) Feed lots, runs, pens and similar intensively used facilities for animal raising and care
shall not be located within 300 feet of a neighboring property; and
(2) Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
~ 154.037 IDGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2A).
(A) Purpose. It is intended that the R-2A District provide for higher-density single-family
detached, attached and multiple-dwelling opportunities in areas where public utilities are available and
required for service. The design and circulation of new residential areas are also intended to be
complementary with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with more than 4 dwelling units per building;
(3) Accessory uses;
(4) Public parks and recreation uses;
(5) Daycare facility;
(6) Residentialfacility; and
(7) Home occupations.
22
B) Conditional uses
(1) Apartments or condominiums at a density not exceeding 12 units per acre;
~ 154.038 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).
(A) Purpose. It is intended that the R-2 District provide for lower-density traditional single-
family detached dwelling opportunities in areas where public utilities are available and required for
service. The design and circulation of new residential areas are also intended to be complementary
with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(l) Single-family detached dwellings;
(2) Single-family attached dwellings with 2 units;
(3) Accessory uses;
(4) Public parks and recreation facilities;
_c='~--=~(Sr"I)ayeaFefacility; -~~==~~~~~ -~-==---==-=.~.. -c=~_~
(6) Residential facility; and
(7) Home occupations.
~ 154.039 SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-family, attached
and detached residential opportunities in areas where public utilities are available and required for
service. The design and circulation of new residential areas are also intended to be complementary
with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with 4 units or less;
(3) Accessory uses;
(4) Public parks and recreation facilities;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
23
(C) Special requirements. Manufactured homes are pennitted 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 witliall urban services and desired amenities as other residential
areas. No person shall erect, establish, extend or enlarge a manufactured housing development within
the limits of the city without first obtaining site plan approval from the City Council upon receipt of the
recommendation of the Planning and Zoning Commission. Approval shall be granted only upon
compliance with all the following:
(1) Compliance with all other terms of this zoning chapter;
(2) Compliance with all the terms of Chapter 153; and
(3) The proposed development must be located in the city's urban service area as shown in
the comprehensive development plan, and must be served by public utilities as approved by the city.
~ 154.040 SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5).
(A) Purpose. It is intended that the R-5 District provide for low-density traditional single-family
~~-'=~-1'esidenti:ahvhere-pubticcuti1itie-scare'llVai1able-1lI1u'fequiredfol'cservice~e-desigI1candcireulationof~~-=~.
new residential areas are also intended to be complementary with and enhance the community's small-
town atmosphere.
(B) Permitted Uses.
(l) Single-family detached dwellings;
(2) Accessory uses;
(3) Public parks and recreation uses;
(4) Daycare facility;
(5) Residential facility; and
(6) Home occupations.
Insert Reserve Numbers for Expansion
~ 154.050 MOBILE HOME PARK DISTRICT (R-M).
(A) Mobile homes shall not be parked on any public street or on any tract of land except as
provided in this section.
(B) Emergency or temporary stopping or parking is penilitted on a public street for not longer than
3 hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic
and parking regulations or ordinances for that public street.
24
~ 154.051 CONDITIONAL USE PERMIT.
(A) Application for a conditional use permit to establish, construct and maintain a mobile home
park under the provisions of this chapter shall be made to the CityC6uncil. -
(B) The application for a permit shall be accompanied by 4 copies of the mobile home park plan
showing the following, either existing or proposed:
(I) The extent and area proposed for mobile home park purposes;
(2) Roads and driveways;
(3) Location of sites or units for mobile homes;
(4) Location and number of sanitary conveniences;
(5) Proposed disposition of surface drainage;
(6) Proposed street surfacing and lighting;
(7) Off-street parking;
-- .~-- --..-" .__.-~. --- .~-_.._-- --- ---.-. ---- --- -- ..~-
---~-~. ----- ------ -~._..._--._--_._---_._..- --_." --- --~. ---- ----._--
(8) Patios;
(9) Location of community building;
(10) Location of recreation facilities;
(11) Location of sidewalks;
(12) Location of setback lines;
(13) Location of screening, planting, green areas and the like;
(14) Any other information requested by the city; and
(15) Location of utility lines.
(C) Each application for a conditional use permit shall be accompanied by a list of the names and
addresses of all persons owning property within 350 feet of any boundary line of the proposed mobile
home park site.
(D) Each applicant shall be required to pay a fee as determined by City Council resolution at the
time that the application is filed with the city. Fees shall be on file with the Clerk/Administrator. This
money shall be used for the city to defray the expense of processing the application.
(E) No conditional use permit for any mobile home park shall be issued by the City Council until
after a public hearing has been held on the matter in accordance with the procedures for a conditional
use contained in this chapter.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
25
~ 154.052 BUILDING PERMIT.
(A) The applicant for a building permit for the construction of a mobile home park or any part
thereof shall comply with all of the provisions of the Minnesota Building Code as those provisions may
apply.. . . .
(B) Each application shall be accompanied by 4 copies of detailed plans of the proposed
constructions and improvement of the site.
(C) Every application for a building permit to construct a mobile home park or to expand an
existing mobile home park shall be accompanied by plans approved by the State Department of Health
showing that the applicant is complying with all recommendations, suggestions and laws under the
jurisdiction of that Department.
(D) The building permit shall be issued by the Building Inspector after it has been approved by a
majority vote of the City Council.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
~ 154.053 SITE REQUIREMENTS.
'--=-.~~=~Aj.i',very-mubilechome parkcshal1.be.locatedcon.a'WeU~draineu'areacanu thelYremises.sha1He~-=~-=-~~
properly graded so as to prevent the accumulation of stormwaters or other waters.
(B) Each unit shall have a gross area of not less than 7,500 square feet.
(C) Each unit shall have a minimum width of 60 feet and minimum depth of 125 feet measured at
right angles to its side lines.
(D) Front setback of mobile homes shall be no less than 20 feet from the curb and no less than 5
feet from the sidewalk.
(E) There shall be not less than 25 feet of space between mobile homes in all directions.
(F) A patio shall be constructed on the ground beside each mobile home parking space; this patio
shall be not less than 200 square feet in area, constructed of concrete with 4 inches minimum thickness
or approved equal.
(0) At least 1 deep-rooted shade tree (minimum diameter 2 inches at time of planting) shall be
placed and maintained on each unit.
(H) Except for the area used for the mobile home, patio, sidewalk and off-street parking space, the
entire unit shall be sodded and maintained with grass.
(1) Each unit shall abut on and have access to a street. This street shall be constructed of a
minimum of 1-112 inches of bituminous surface material on a suitable base of at least a 4-inch
thickness. -
(1) An integral concrete curb and sidewalk shall be constructed on each side of the street and the
face of this curb shall be at least 16 feet from the centerline of the street. The sidewalk shall be not less
than 36 inches wide. The curb design shall be of a type approved by the City Engineer.
26
(K) There shall be an unused area of not less than 35 feet in depth along each public street or way
and 50 feet in depth along each trunk or county highway, and this area shall be sodded and planted.
(L) Every mobile home site shall provide for a minimum setback of at least 25 feet on all sides
except where abutting upon a public street, way or residential area. This area shall be planted to.
provide a screen between the mobile home park and adjacent property. A chain link fence of at least 5
feet in height shall be constructed inside the live buffer.
(M) Where a mobile home park site abuts upon a residential area, there shall be a setback of at
least 30 feet and this area shall be landscaped.
(N) The parking of more than I mobile home on any single unit shall not be permitted.
(0) All mobile homes shall be owner-occupied.
(P) Underground water facilities, underground sewage disposal and street lighting shall be
installed and maintained by the owner of the mobile home park site and shall be constructed in
accordance with the laws of the state, the recommendations of the State Department of Health and the
ordinances and requirements of the city.
(Q) Fire hydrants shall be placed throughout the area in a way as to satisfy the District Fire
=-~ c-Marshattimtcmleqmrte-frre=prou:ctiurFi!Fachieved.- -Nn-unit'shatHre-mol'ffian-3fi01eet1'rom a-fite-~~~~
hydrant.
(R) An off-street parking area of at least 440 square feet shall be provided for each unit. The
parking area surface shall be equal to street construction. No on-street parking is permitted in the
mobile home park area.
(8) All utility lines within the mobile home park shall be buried.
(T) A minimum of 15% of the total mobile home park area shall be devoted to park and recreation
and shall be furnished with playground type equipment. The park and recreation area shall either abut
a street within the mobile park site or shall be accessible to the remainder of the park by public
walkways. In any park containing more than 100 units, a swimming pool of suitable size shall be
provided for the use of park inhabitants.
(U) All boats, boat trailers, hauling trailers and all other equipment not stored within the mobile
home or the utility enclosure that may have been provided shall be stored in a separate area provided
by the park and not upon the plots occupied by mobile homes nor upon the streets within the mobile
home park.
(V) A utility enclosure having a minimum of 10 feet by 10 feet shall be provided by operator and
placed uniformly on each lot.
(W) The mobile home park shall be so arranged that all mobile home lots and accessory buildings
shall face.an interior roadway.
(X) All mobile home parks must be serviced by a municipal sewage disposal system. No permits
will be issued until municipal sewage service is available.
(Y) There shall be no exterior radio or television antennas except for a community-type antenna
for the use of all park residents.
27
(Z) Overflow parking (other than on-lot parking) shall be provided throughout the mobile home
park, a minimum of 1 space for each 3 mobile home lots.
(M) There shall-be no retail sales of mobile homes or accessories thereto in the limits of the mobile
home park.
(BB) The mobile home bottom shall be enclosed with a commercially produced fIreproof material
of the same color, material and configuration as the mobile home itself. The enclosure shall cover from
the frame or bottom of the chassis of the mobile home to the concrete pad or ground.
(CC) No building or structure shall be added to a mobile home except an unenclosed or unheated
porch or a carport. The total square footage of all additional structures shall not exceed 150 square feet
and no structure shall extend from the mobile home more than 8 feet.
(Ord. 25, passed 10-13-1976) Penalty, see ~ 154.99
~ 154.054 MOBILE HOME PARK FACILITIES BUILDING.
Each planned mobile home residential development shall contain 1 or more enclosed facility
building(s) with space devoted to offIces, storm shelter (basement), laundry, sanitary and recreational
=-=-~ =fac-ilities,"" "fh-e-building"shallcbe'stFdesigned-go-as'tlFprovtdeatieasr11"Square feeFol'spaceper m615ile =,~__=c-
home lot, but in no case shall the building be less than 2,500 square feet.
(Ord. 25, passed 10-13-1976)
~ 154.055 REGISTER OF OCCUPANTS.
(A) It shall be the duty of each licensee and permittee to keep a register containing a record of all
mobile home owners and occupants located within the park. The register shall contain the following
information:
(I) The name and address of each mobile home occupant;
(2) The name and address of the owner of each mobile home;
(3) The make, model, year and license number of cach mobile home and motor vehicle;
(4) The state, territory or country issuing the licenses; and
(5) The date of arrival and of departure of each mobile home.
(B) The park shall keep the register available for inspection at all times by law enforcement
offIcers, public health officials and other offIcials whose duties necessitate acquisition of the
information contained in the register. The register record for each occupant registered shall not be
destroyed for a period of 3 years following the date of departure of the registrant from the park.
(Ord. 25, passed 10-13-1976) Penalty, -see ~ l54.99' -
~ 154.056 SUPERVISION.
The owner or operator or a duly authorized attendant or caretaker shall be in charge at all times to
28
keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The
attendant or caretaker shall be answerable, with the owner or operator, for the violation of any
provision of this chapter to which the owner or operator is subject.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
- -
~ 154.057 REVOCATION OF PERMIT.
The City Council shall have the power to revoke any mobile home park special use permit of any
person who fails to conform to the requirements of this chapter or any other applicable ordinance, state
law or State Department of Health regulation. As a prerequisite to revocation, the City Council shall
hold a public hearing at which the person may be heard. The person shall be given 10 days' written
notice specifying the time and place of the hearing and a listing of alleged violations.
(Ord. 25, passed 10-13-1976)
~ 154.060 COMMERCIAL DISTRICT (B-1).
(A) Purpose. It is intended that the B-1 District provide opportunities for retail and service
business uses which require larger development sites, highway visibility or highway access.
-==----==--~(P,)~erreFahrrinimum--requirements- Th"ecfoliowirrg'111inimum-requiremen1:s,as"",eFferth,shlltl--=-cc=--
apply to all buildings that may be erected, converted or structurally altered in commercial districts.
(C) Off-street parking.
Off-street parking shall be provided as required in this chapter.
(D) Buffir zone between commercial and residential districts. Where a commercial district abuts
a residential district, any new development shall include a buffer zone. There shall be a protective strip
of not less than 10 feet in width. This protective strip shall contain no structures, shall not be used for
parking, off-street loading or storage, and shall be landscaped. The landscape treatment shall include a
compact screen wall or fence, but shall not extend within 15 feet of the street right-of-way. The
planting or fence design must be approved by the site plan review process. The site plan review
process requires review by the Planning and Zoning Committee and the City Council, as set forth in
this chapter.
(E) Screening requirements. If the City Council requires any type of screening as a condition for
a variance or special use permit, the applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within 1 year from the
date of the building permit, subject to extension by the City Council; and
(3) - The screening shall be maintained after completion.
(F) Landscaping. A minimum of 10% of any lot shall be green space. Three percent of the
surface area of the land within a parking area shall be landscaped with grass and shrubbery or other
approved ground cover. Landscaped areas will continue to be maintained by the property owner on a
continuous basis. Green areas within abutting street rights-of-way will also be maintained by the
29
property owner. Other requirements are set forth in this chapter.
(G) Accessory structures. Garages, accessory structures, screen walls, buildings and exposed
areas of retaining walls shall be of similar type; quality and appearance as the principal structure. -
(H) Permitted encroachments. The following shall not be considered as encroachments on
setbacks subject to other conditions within this chapter: off-street parking spaces, flues, belt course,
leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump
islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fIre escapes, sidewalks
and fences, except as hereinafter amended.
(I) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street
intersection. The distances shall be measured along the property line from the comer right-of-way and
county line.
(2) Access drive onto county roads shall require a review by the City Engineer. This review
shall be measured along the property line from the comer right-of-way and county line.
(M) Refuse.
(I) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner
as to be out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(N) Permitted uses.
(I) Retail sales and service, but excluding adult-oriented businesses;
(2) Daycare centers;
(3) Hotels and motels;
(4) Full service gasoline sales and service;
(5) Eating and drinking establishments;
(6) Financial institutions;
(7) Personal and professional business offices;
(8) Public buildings;
(9) Barberlbeauty salons;
30
(10) Commercial schools;
(11) Hospitals and clinics;
(12) Nursing homes;
(13) Commercial recreation;
(14) Car washes; and
(15) Liquor stores.
(0) Conditional uses.
(1) Automobile and motorized equipment sales and service, excluding salvage operations;
(2) Farm implement sales and service;
(3) Building supply sales and storage yards;
~=c-~=C-.----c=.~FlU1<lra}.humescanll~moTtUllties;="'--C=-=.=c~~ -==-~~~~~~~. -=c.= ,
(5) Animal clinics;
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements
Signs, see Chapter 152
Conditional use permits, see S
Reserve sections for expansion
~ 154.070 INDUSTRIAL DISTRICT (I-I).
(A) Purpose. It is intended that the I-I District provide opportunities for light manufacturing and
industrial uses, trade businesses, machine shops and other more extensive land uses.
(B) General minimum requirements. The following minimum requirements, as set forth herein,
shall apply to all buildings that may be erected, converted or structurally altered in industrial districts.
(C) Setbacks. Specific setbacks are set forth in Appendix A, Table I, 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) Offstreet parking. Offstreet parking shall be provided as required by this chapter..
All open street parking areas having more than 6 parking spaces shall be effectively
31
screened by a wall, fence of acceptable design or compact hedge along all sides which adjoin or are
directly across the street from the property in a residential zone or institutional use. The wall, fence or
hedge shall be maintained in good condition. Plans for fencing shall be approved by the City Council.
The fence shall not be used for advertising purposes;
- -
(E) Buffer zone between industrial and residential districts. Where the side yard of any industrial
district abuts a residential district, the minimum side yard setback shall be 60 feet. Parking of vehicles
will be permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall
be landscaped with screening provided along the side lot line to within 15 feet of any public right-of-
way.
(F) Screening requirements. If the City Council requires any type of screening as a condition for a
variance or special use permit, the applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within 1 year from the
date of building permit, subject to extension by the City Council;
...==-,c_.._=~-,~)='Fhe.sGreeningcshall-be'maintaine-d,after"Completinnj-and ~~=c.,_n _..~~.=~-~'==C~n_..
(4) A dollar amount of 1-1/2 times the estimated cost of planting and construction of the
screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash escrow
or letter of credit amount shall be forfeited to the city if any provisions of this section are violated.
(G) Landscaping. A minimum of 10% of any lot shall be green space. Three percent of the
surface area of the land within a parking area shall be landscaped with grass and shrubbery or other
approved ground cover. Landscaped areas will continue to be maintained by the property owner on a
continuous basis. Green areas within abutting street rights-of-way will also be maintained by the
property owner. Additional landscaping regulations are set forth in ~ 154.116.
(H) Accessory structures. Garages, accessory structures, screen walls and exposed areas of
retaining walls shall be of similar type, quality and appearance as the principal structure. Accessory
structures shall comply with other requirements of this chapter.
(I) Permitted encroachments. The following shall not be considered as encroachments on
setbacks subject to other conditions within this chapter: off-street parking spaces, flues, belt course,
leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump
islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks
and fences, except as hereinafter amended.
(1) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street
intersection. This distance shall be measured along the property line from the comer right-of-way line.
(2) Access drives onto county roads shall require a review by the City Engineer.
32
(K) Refuse.
(1) Garbage and rubbish containers shall "be placed at the rear of the premises or in a manner"
as to be out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(L) Loading facilities. Loading facilities shall be on the side of rear yards. When adjacent to
and/or visible from any public street, the facilities must be adequately screened.
(M) Storage. For the purpose of this zoning district, car, vans and pickup trucks parked outside
and used by employees and/or visitors in the normal course of the business operation will not be
construed to be outdoor storage. Further, outside parked trucks and semi-trailers used in the normal
business commerce will not be construed to be outdoor storage:
(1) Provided that the total number of trucks and semi-trailers does not exceed the number of
docks and/or bay doors; and
-,--,--._-
~.,'_~.__....----'--'-____.--,-'.-----O~
------=--=.-..:...---::=-=~~~~;;.-~:===~~---=--:::--- .-=~.~----:-:----~.:=:::......--~:---,. .~---'-----~-:....;:=
(2) This use is not construed as an operation listed as a conditional use in any industrial zone.
(N) Permitted uses.
(1) Business and professional offices;
(2) Machine and repair shops;
(3) Construction trade offices and yards;
(4) Manufacturing, warehousing, distribution, processing, packaging, assembly and research
uses, except waste management;
(5) Indoor shooting/archery range and sales;
(0) Conditional Uses
(1 ) Truck terminals
(2) Mini-storage
(3) Kennels
(4) Adult and Sexually oriented businesses as further regulated in this code.
Cross-reference:
Building height in industrial districts, see S 154.049
Exterior merchandise; nuisances, see S 154.111
Signs, see Chapter 156
Special use permits, see S 154.054
Adult business licensing 110
33
Reserve for expansion.
~ 154.080 PUBLIC/INSTITUTIONAL DISTRICT (P-1).
- - -
(A) Purpose. It is intended that the P-I District provide opportunities for government facilities,
schools, churches, hospitals, libraries and other similar public and institutional uses.
(B) Permitted uses.
(I) Government buildings, structures, facilities, utilities, rights-of-way, easements, parks,
open spaces and vacant land; and
(2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and
health facilities.
~ 154.090 MIXED USE DISTRICT (M-1).
(A) Purpose. It is intended that the M- I District provide for the unique layout and character of a
traditional central business district with retail, professional office, residential and other mixed uses.
------ '-~_. --
- -~-.--- --- ---- - --.. --- ---
~-.'.'~- ~_. ----_._~ .~-- ---- ---..---- --~'-'---""-~-'---"--~'---~---- --~'-' ----
(B) Permitted uses.
(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;
(3) Professional and business offices;
(4) Multiple residences and accessory uses;
(5) Accessory apartments;
(6) Theaters and recreational businesses conducted within structures; and
(7) Public buildings.
(C) Special requirements.
(I) It is the intent of these provisions to allow for flexibility ofland uses and exceptions to
traditional dimensional standards, when other conditions and special requirements are met. These
provisions are not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility
ofland uses.
(2) Greater flexibility in zoning regulations often leads to more subjectivity in land use
interpretations. In making zoning decisions about land use compatibility and dimensional criteria for
uses and structures, the city shall have broad discretion to protect the public health, safety and welfare;
and to protect the residential integrity of the Mixed Use District and surrounding residential
neighborhoods.
34
(3) Setbacks and lot coverage for new or expanded structures shall be determined through the
site plan review process by the Planning and Zoning Commission. Factors to be considered in the
detennination shall include but not be limited to existing setbacks, structural appearance, site drainage,
public access, pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping
and other site design factors. Residential dwellings shall not be prohibited or discouraged in the M- 1
District.
(4) The use or conversion of a residential structure for commercial use, other than a home
occupation, shall require site plan approval by the Planning and Zoning Commission. Factors to be
considered for such a use conversion include but are not limited to compatibility with adj acent land
uses, structural appearance, structural adaptability, investment relationship, term or length of
conversion (interim or permanent) and consistency with any land use plans prepared by the city for the
Mixed Use District.
(5) The architectural design and exterior building materials used in connection with any new
or expanded use or structure shall be consistent with any architectural design or aesthetic control
requirements established by the city for the Mixed Use District.
Reserve for expansion
~ -1cS4",101=renum:ber=te-precede=F54~kingit~quirements=-= ._~c=-=-
~ 154.101 COMMERCIAL EXTERIOR BUILDING MATERIALS.
(A) Except as otherwise regulated herein, the exterior wall surfaces of all new or expanded
commercial buildings shall consist of face brick, finished block or other textured masonry product
approved by the Planning and Zoning Commission.
(B) Exceptions to all masonry exteriors may be considered and approved by the Planning and
Zoning Commission, provided the following findings are met:
(1) The combination of exterior materials is used as an architectural complement to the
structure;
(2) 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;
(3) Site conditions limit public exposure to certain exterior surfaces where masonry products
are not proposed; and
(4) An exterior wall may be temporary and a future expansion area ofa structure and be
subject to removal or redesign as an interior wall.
(C) Buildings are required to have contrasting architectural features and must be designed to be
aesthetically pleasing.
154.102 renumber to precede 154.0xx Parking Requirements
~ 154.102 INDUSTRIAL EXTERIOR BUILDING MATERIALS.
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
35
~ 154.110 FENCES.
- (A) General regulations.
(1) All fences shall be located entirely upon the property of the fence owner unless the owner
of the adjoining property agrees, in writing, that the fence may be erected on the property line of the
respective properties. This agreement shall be submitted at the time of building permit application. If
the adj oining property owner does not agree to the erection ofthe fence, the fence shall be set back a
minimum of 2 feet from all lot lines. No fence other than a decorative fence may be constructed along
the side lot lines of a residential lot between the street and the front extension of the dwelling house.
As used herein, the term DECORATIVE FENCE means a wood vertical post and wood horizontal rail
fence with no more than 3 rails or a wood picket type fence with at least 2 inches of open space
between each picket.
(2) No residential fence may exceed 6 feet in height and no decorative fence in the front yard
may exceed 36 inches in height. Fencing in commercial/industrial zoning shall not exceed 8 feet in
height.
(3) All fences shall be constructed and maintained in a substantial, workmanlike manner and
~-=--=-uf-mateFial-reasunabty=suitedT0r-fue~se=foFwhieMhHenreigcproposed-w be--useFEvery-fenee . .~~
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 ofthis 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 I to Aprill. No permit
shall be required for temporary fencing.
(C) Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire fencing and
similar fencing will not be allowed, except in the R-l District.
(D) Visual obstructions. No fence may be erected which creates visual obstructions at any
intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement.
(E) Swimming pool fencing. No private swimming pool with a water depth exceeding 24 inches
may be allowed, unless enclosed by a permanent wall or fence not less than 4 feet in height with self-
closing door and self-closing latch. Ordinance #80 May 11,2005
~ 154.120 HEIGHT.
(A) Structures. No structures or building may be erected to a height exceeding 35 feet without the
issuance of a conditional use permit.
(B) Excess height on a building. Upon the securing of a conditional use permit any building may
be erected to a height exceeding that specified for the respective district, providedthe front, rear and
side yards shall be increased one foot for each one foot by which the building exceeds the height limit
established for that district;
(C) Additional yard setback shall not be required for a structure that is any of the following:
television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage
36
towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads,
smokestacks, conveyors, flagpoles, silos, and air conditioning and heating units; and that no tower,
gable, spire or similar structure shall be used for sleeping or eating quarters, or for any commercial
purpose except one incidental to the permitted uses of the main building.
~ 154.130 YARDS.
(A) General requirements. The minimum depths of front yard, rear yard and side yard for each
district shall be as defined in the schedule of regulations and conform to the following additional
regulations:
(1) All structures, whether attached to the principal structure or not, and whether open or
enclosed, including porches, carports, balconies or platforms above normal grade level shall not project
into any minimum front, side or rear yard;
(2) Lots which abut on more than I street shall provide the required front yards along each
street for the principal structure. Side yard setbacks for an accessory structure will apply to the
frontage that is not considered to be the required front yard;
(3) Any principal structure situated on lands contiguous to or abutting any portion of the
~pnbliG-lakeS'in=!h<Rrity=sIrn11=l1Iaintain)Tani=setbocks'&f~5--feet=frmn'the~eTtRldjaeem-structures.~~
have yard setbacks different from these requirements, the minimum setback from the lake shall be the
average setback of the adjacent structures to a minimum of 50 feet; and See also Floodplain Chapter
and additional requirements for shorelands.
(4) The minimum side or rear yard depths for the following nonresidential structures or uses
which abut any lot in any residential district shall be:
(a) Off-street parking spaces and access drives for nomesidential uses, 20 feet;
(b) Churches, schools and public or semi-public structures, 40 feet; and
(c) Recreation facilities, entertainment facilities, all business uses and all industrial uses,
60 feet.
(B) Computingfronl yards. For the purpose of computing front yard dimensions, measurements
shall be taken from the nearest point of the front wall of the building to the street right-of-way line
subject to the following qualifications:
(1) Cornices, canopies or eaves may extend into the required front yard a distance not
exceeding 2 feet, 6 inches;
(2) A landing place or uncovered porch may extend into the required front yard to a distance
not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the
building. An open railing no higher than 3 feet may be placed around the place;
(3) The above enumerated architectural features may also extend into any side or rear yard to
the same extent, except that no porch, terrace or outside stairway shall project more than 3 feet into any
side yard and then, in the case of an outside stairway, only if it is unroofed and unenclosed above and
below the steps. In no case shall a porch, stair landing or any other architectural feature extend closer
than 4 feet to the side property line; and
37
I
(4) On a comer lot in any residential district, nothing shall be erected, placed, planted or
allowed to grow in a manner as materially to impede vision between a height of 2-112 and 10 feet
above the centerline grades of the intersecting streets in a triangle bounded by the street of the lot and a
line joining points along the street lines 50 feet from the-point ofthe intersection. -
(C) Erection of more than 1 principal structure on lot. In any district, more than I structure
housing a conforming principal use may be erected on a single lot if yard and other requirements of this
chapter are met for each structure as though it were on an individual lot. Required on-site parking
space shall be provided on the same lot as the principal building or use, except that combined or joint
parking facilities may be provided for 2 or more buildings or uses in commercial districts and in
industrial districts, provided that the total number of spaces is not less than the sum of the requirements
for each building or use. The proposed joint parking space shall be within 400 feet of the entrance of
the use it will serve. A properly drawn legal instrument, approved by the city, executed by the parties
concerned, for joint use of the off-street parking facilities shall be filed with the County Recorder's
office.
~ 154.140 Special Provisions related to development or building on lands within 100 feet of
Centerville Lake, Peltier Lake or Clearwater Creek.
=~~~=~~ _ -- Ar - -R~~MiYi&il}lJ.s,cW.ith.=Jl~lling=unit-=lkns-itieR=.~eedifl~lIBl1lit~---=-=---c
structures can only be allowed if designed and approved as residential planned
unit developments under this ordinance. Only land above the ordinary high
water level of public waters can be used to meet lot area standards, and lot
width standards must be met at both the ordinary high water level and at the
building line
B. All shore land development shall meet the following standards:
(1) the minimum lot size shall be 15,000 square feet, not less than 100 feet
in width, each building must be set back at least 75 feet from the
ordinary high water level for lands adjoining a lake
(2) minimum lot size shall be 15,000, 100 feet in width and set back at least
50 feet from the ordinary high water lever for Clearwater Creek;
(3) each building must be connected to the City water and sanitary sewer
systems;
(4) watercraft docking facilities for multi-family developments shall be
centralized in one location and serve all dwelling units in the building;
and -
C. Water-oriented Accessory Structures. Each lot may have one water-oriented
accessory structure not meeting the normal structure setback of this ordinance if
this water-oriented accessory structure complies with the following provisions:
38
(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
~~=--=~~~. -Bc=Sh()IeJancJ=.Alterat1()~c'c~~~~=---=--~--=--cc=~~~__~~---,-=
Alterations of vegetation and topography will be regulated to prevent erosion
into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
prevent bank slumping, and protect fish and wildlife habitat.
(1) Vegetation Alterations.
a.. Vegetation alteration necessary for the construction of public
utilities and the construction of roads and parking areas regulated by this
ordinance are exempt from the vegetation alteration standards that follow.
b. Removal or alteration of vegetation is allowed subject to the
following standards:
(i) Intensive vegetation clearing within fifty (50) feet of the
ordinary high water line is not allowed.
(ii) 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-orienteJ accessory structures or facilities,
provided that:
(iii) the screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf-on conditions, is
39
not substantially reduced;
(iv) along streams, existing shading of water surfaces is
preserved; and
(v) 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 and Filling.
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 twenty (20) cubic yards of material within 75 feet of a
lake and within 50 feet of Clearwater Creek; and
=~~-=-~==~=~ dT.~ . l'-he.J'()ll0Wingc-eonsidemti()ns=and=eonditi()ns~muskbecadhered=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.
(ii) 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;
(iii) 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;
(iv) Methods to minimize soil erosion and to trap sediments
before they reach any surface water feature must be used;
(v) 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
ONttCS); . .
(vi) Fill or excavated material must not be placed in a manner
that creates an unstable slope;
40
(vii) Any alterations below the ordinary high water level of
public waters must first be authorized by the Commissioner of DNR
under Minnesota Statutes, I03G.245;
(viii) Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely affect
adjacent or nearby properties; and
E. Additional Standards for Commercial Uses.
1. Surface water-oriented commercial uses with needs to have access to and
use of public waters may be located on parcels or lots with frontage on public
waters. Those uses with water-oriented needs must meet the following
standards:
~~~~~~-~ (a)-~ incaddition--ro~meeting=imp~iotln;owrageclimits,c-setbaG~~~~
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:
(i) 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;
(ii) 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
41
out across public waters; and
~154.150 OTHERSTANDARDS
. - - -
(A) Odors and emissions. Odors and emissions from any use shall not exceed the regulations set
forth by Mirmesota Pollution Control Agency Rules.
(B) Dust and particulates. Dust and particulate matter from any use shall be in compliance with
and regulated by Minnesota Pollution Control Agency Rules.
(C) Noise and vibrations. Noise and vibrations generated from any use shall be in compliance
with and regulated by Minnesota Pollution Control Agency Rules.
(D) Glare. Direct or reflected glare, as from floodlights, spotlights or high temperature processes,
and as differentiated from general illumination, shall not be visible beyond the site of origin at any
property line. Any lights used for exterior illumination shall be directed away from adjacent properties.
(E) Waste. All waste generated from any use shall be managed in compliance with and regulated
by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be kept in
containers desigued for waste collection and stored in a structure or within an approved enclosed or
screened area. . The accumulation, storage, processing or disposal of waste. compost or recyclabl~_ __
=-~ef1a:tson !lIlY prerillses, wlllcl1is nof genefaredon'tffiifpiermses, IS profiifiited, except as speciflcalry--- ,
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.1 on that chart may be emitted, except that smoke not darker or more opaque than No.
3 on the chart may be emitted for a period not longer than 4 minutes in any 30 minutes. These
provisions applicable to visible gray smoke of a different color but with an equivalent capacity.
(G) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations that are
noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum
Allowable Concentration for 8-hour day,S days per week), Table III (Odor Thresholds), Table IV
(Concentrations of Substances Causing Pain in the Eyes) and Table V (Exposure to Substances
Causing Damage to Vegetation) in the latest revision of Chapter 5, "Physiological Effects" that
contains such tables, in the Air Pollution Abatement Manual published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the determination of
permissible concentration and amounts. The city may require detailed plans for the elimination of
fumes or gases before the issuance of a building permit.
(H) Fire hazards. Any activity involving the use or storage of flammable or explosive materials
shall be protected by adequate fITe-figlIting and fITe prevention equipment and by safety devices as are
normally used in the handling of these materials. These haiards 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.
(1) 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.
42
(K) Explosives. Any activity or operation requiring the use, storage or manufacturing of
explosives shall be located no closer than 500 feet from any residence; provided further that the
location of the activity or operation is such that damage from explosion, including flying debris,
vibration or smoke, is limited to the site on which the activity or operation is permitted.
- - - -
(L) Bulk storage. The storage of all bulk liquids, fuels, chemicals and gases shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire
Marshal Rules and the Minnesota Building Code.
(M) Outside storage. All products, materials and equipment, except as specifically provided in
this chapter, shall be stored within permitted structures, except for the following:
(l) Residential districts and dwellings in the M-l Districts.
(a) Agricultural products, equipment and appurtenances owned by the owner of the
property and used on the property on which they are kept;
(b) All licensed and operational motor vehicles shall be parked on the permitted
driveway area. Any unlicensed, nonoperational vehicles must be stored in an enclosed structure;
~c~~==--==-==((,)~kmilximnrn-ef-2-ef-the-fellowing- units-ma:ycoestDteo -outsidccM a-structurelOr nlore-. ~=
than 48 hours on any residential parcel, provided they are stored on the permitted driveway area outside
of the road right-of-way or are in a side or rear yard. A licensed motor home or fifth-wheel trailer is
allowed in a side or rear yard. None of the following items may have an overall length from front to
back in excess of 35 feet:
1. Boat;
2. Camper;
3. Motor home;
4. Snowmobiles;
5. Personal watercraft;
6. Personal utility trailer;
7. Ice house; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments
and monuments;
and
(e) Temporary storage of materials and equipment during construction and landscaping;
(t) Lakeshore properties can store the following items of personal property within 50
feet of the shoreline during the months from September to May: docks, boat lifts, swim rafts, slides and
other swimming equipment.
43
(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 re~w p~ess is required to determine the appropriateness for storage pennitted in this
sectiol}-i~fadng r~quired for the storage area and the screening required. The site plan review
pro\;e's~Tequin!s a l1earing before the Planning and Zoning Committee and the City Council. Outside
display ofvehiclyi, equipment and merchandise for direct sale to consumers when the outside display
is custo~~an"a necessary to the trade and is a permitted use within the zoning district. The site plan
review process is required to determine the appropriateness of the storage or display proposed,
surfacing required for the display area and any additional landscaping or screening which may be
required.
Penalty, see S 154.999
~ 154.160 WOODLANDS PRESERVATION.
In residential areas, structures shall be located in a manner that the maximum number of
woodlands shall be preserved. If large numbers of trees are cut in residential areas, trees shall be
replanted in a density and manner satisfactory to the City Council. Clear cutting of woodlands for
-== - u"nagffimltmffi-jOlurpeses=Wpwhibited;---unlessct1R7actWn-involves--a-utiHty=or-roaaway;-requrreG1Jytlfe- ~~~
public, and includes a reforestation plan required by the City Council.
~ 154.170 PARKING REQUIREMENTS.
(A) Requirements in general. The following table illustrates the minimum number of parking
spaces required for various uses pennitted in the city. The city may modify minimum parking
requirements in the M-l District, as part of the site plan approval process, if it is determined that the
use is consistent with the purpose of the district and street parking is sufficient to accommodate the use.
Uses
Minimum Parking Required
Residential
2/dwelIing unit
44
Uses Minimum Parking Required
- .
Churches 1/3 seats in largest assembly
Schools 1/c1assroom plus 1/3 seats in largest assembly
.
l"h~aterg-- . -- - 1/3 seats
Restaurants 1/3 seats
Offices 5/1,000 sq. ft. gross floor space
Retail 6/1,000 sq. ft. gross floor area
45
Uses Minimum Parking Required
- - -
Convenience stores 7/1,000 sq. ft. gross floor area
General services 411,000 sq. ft. gross floor area
..aue-=tlusmesses- ~- - ~_,__C~ 3il;tlOO-sq. ft. gr~floor area ~. ---c----=-
Manufacturing 311,000 sq. ft. gross floor area
Other industrial 311 ,000 sq. ft. gross floor area
Car washes Slstacking per bay
46
Uses Minimum Parking Required
-
Drive-up restaurants 5 stacking plus 1/3 seats
. . .
(B) Off-street parking. When a building is enlarged, additional off-street parking shall be required
only with respect to the additional usable floor area. Parking spaces may be located on a lot other than
that containing the principal use with the approval of the City Council.
(I) Change in facilities. An off-street parking area shall not be changed to any other use until
equal facilities are provided elsewhere. No parking area used or designated in connection with a
~. Imi:Idingm=@lGstenG6'Uni:ll6-.rrfeGtivecdat6-eFthis-GlrapreHha:ll=be=redu€edW~r<}virle=ft}wer=than=thc-- - ~- -
minimum number of parking spaces required under this chapter.
(2) Off-street parking and loading zones. No building shall be hereafter erected, substantially
altered or its use changed unless off-street parking and loading spaces have been provided in
accordance with the provisions of this chapter. The number of off-street parking spaces provided shall
be at least the minimum number provided in the schedule contained in this section.
(3) Off-street loading. A loading space shall have minimum dimensions of not less than 12
feet in width, 50 feet in length, exclusive of driveways, aisles and other circulation areas. One off-
street loading space shall be provided and maintained on the same lot for each commercial and
industrial use requiring regular delivery of goods and having a modified gross floor area of more than
10,000 square feet. One loading space shall be provided for each additional 25,000 square feet or
fraction thereof. No off-street loading space shall be located in any yard adjoining any residential use.
Required off-street loading space shall not be included as off-street parking space in computing
required off-street parking space. Vehicles utilizing this loading space shall not project into the public
right-of-way.
(4) Fractional space. When an application of the standards of this chapter with respect to
number of off-street parking spaces results in the need to provide a fraction of I space, any fraction of
1/2 or less shall be disregarded and any other fraction shall be construed as 1.
(5) Uses not mentioned. For any use not specifically mentioned in the schedule of off-street
parking and loading requirements, the number of spaces required should be that required for that use
named in the schedule which is determined by the Planning and Zoning Commission to be most
similar. - -
(6) Spaces for 5 or more automobiles. Parking areas consisting of 5 or more off-street
parking spaces shall have individual spaces so marked and shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or
alley and so that any vehicle may be parked and unparked without moving another.
47
(7) Improvement and maintenance. Required parking and loading spaces, together with
driveways, aisles and other circulation areas, shall be improved in a way as to provide a durable and
dust-free surface asphalt, concrete, pavers, cobblestone or similar material according to minimum city
specifications, excluding R-l Districts.. All parking and loading areas shall provide for proper drainage
of surface water to prevent the drainage of the water onto adjacent properties or walkways. The owner
of any parking or loading area shall maintain the area in good condition without holes and free of all
dust, trash and other debris. Parking and access drives shall be located a minimum of five feet from
any property line. Parking spaces shall be a minimum of nine feet wide and 18 feet deep.
(8) Access. All off-street parking areas shall have access from driveways rather than from
public streets, the driveway access shall be limited to 24 feet in width at the public street line.
~ 154.180 LANDSCAPING.
(A) Minimum quantities.
(1) All new development activities, including site modifications or use intensifications, shall
~~-blFSubjertitFlandseapingimprovements. --=====---,..-----~~~~~-~~~
(2) The following table illustrates guidelines within each zoning district:
District Overstory Trees Foundation Plantings4
R-l 2 trees/unit/street frontagel None
R-2, R-4 and R-5 2 trees/unit/open space exposure2 None
48
District Overstory Trees Foundation Plantings4
R-2A 8 trees plus 2 trees/unif None
B-1 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
~t- ~ 8 trees or It:3";OOlfsq:'ft. -sIte areas l7TIlIt'1)U{ldlng and parKlng area =-
I-I 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
P-l 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
49
District Overstory Trees Foundation Plantings4
NOTES:
1 Trees shall be deciduous and planted at the boulevard, except on culs-de-sac where 1 of the
required trees may be planted off the boulevard but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum 50-foot intervals.
4 The calculation for the number of foundation plantings is based upon I planting for each lineal foot
of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at
10- foot intervals.
5 The required number of trees is based upon a minimum of 8 trees or I 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.
. i-=
(B) Minimum standards.
(1) Overstory trees:
(a) Deciduous trees. Two and 1/2-inch caliper planting size, balled and burlapped.
(b) Coniferous trees. Six feet in height planting size, balled and burlapped.
(2) Foundation plantings. Coniferous and deciduous shrubs shall be planted at a minimum of
1/3 the mature spread and height of typical growth habits.
(3) Boulevard trees. All boulevard trees shall be hardwood shade trees or flowering trees.
(4) Overstory mix. When multiple quantities of overstory trees are required, at least 75% of
the trees required shall be deciduous trees.
(5) Hardiness. All landscape materials proposed shall be consistent with Minnesota
Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant to snow storage,
exposure to salt and sun scald in parking areas.
(6) Diversification. In any development in which at least 8 overstory trees or foundation
plantings are required, at least 3 varieties of boulevard trees are required on each side ofthe blocK.
(7) Warranty. All required landscape materials shall be warranted for growth for a minimum
of2 years after planting.
50
PLANNED UNIT DEVELOPMENTS
~ 154.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the city zoning
chapter may be granted by the City Council in the form of Planned Unit Development (PUD) Districts,
to achieve:
(A) A maximum choice of living environments by allowing a variety of housing building types
and permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks
and area requirements;
(B) A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses and services;
(C) A development pattern which preserves and utilizes 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
~. ~treets;-arrd-~--=--~~-~-~~~---~--===-==--~-~~~~.~~
(E) A development pattern in harmony with land use density, transportation facilities and
community facilities objectives of the comprehensive plan.
~ 154.210 GENERAL REQUIREMENTS.
A special use permit shall be required of all planned unit developments. The city may approve the
PUD only if it finds the development satisfies all the following standards:
(A) The development shall be planned so that it is consistellt with the city comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities on the project
site and the development plan provides for the preservation of unique natural amenities such as
streams, stream banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development proposal appears to harmonize with both existing and proposed
development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and scheduled to be
developed as 1 unit. In addition, the development plan must include provisions for the preservation of
natural amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient
size, composition- and arrangement that its construction, marketing arid 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;
51
(0) The proposed total development is designed in a manner as to form a desirable and unified
environment within its own boundaries;
(H) The plans'required under this section must be submitted in a form which will satisfy the
requirements of Chapter 153 for the preliminary and fmal plans;
(I) Permission to develop specific parcels ofland 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.
~ 154.220 USES PERMITTED.
Permitted uses may include any combination of dwelling units in single-family, 2-family, town or
row houses; any nonresidential use to the extent the nonresidential use is designed and intended to
serve the residents of the planned unit development; public or private education facilities; or other uses
permitted in the zoning district in which the planned unit development is located. When a PUD
proposes a mixture of residential uses with commercial uses, the Council may limit the development of
not more than 10% of the tract to commercial uses.
---=----~~=---~~---=---~~~~----=--~----:---~~-----=:----~~~~~-=-------:-~-----=--~-~
~ 154.221 RELATIONSIDP 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 ofthe 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 MINIMUM SIZE.
A PUD shall consist of at least 10 acres.
~ 154.223 MINIMUM LOT SIZE.
The minimum lot size requirements of other sections of this chapter do not apply to a PUD except
that the minimum lot size requirements of the underlying zone shall serve as a general guideline to
determine the maximum dwelling unit density of the total development.
~ 154.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard requirements of lots in
a PUD shall be atleast equivalent to the spacing requirements of buildings similarly developed under
the terms of this chapter on separate parcels.
~ 154.225 ACCESS TO PUBLIC RIGHT-OF-WAY.
52
The site of a PUD shall abut, and the maj or internal street or streets serving the PUD shall be
connected to, at least I 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 of20% ofthe 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.
~ 154.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as groups having
common parking areas and common ingress and egress points. Each commercial area shall be
separated from abutting residential areas by appropriate screens or fences. The design of commercial
areas shall provide for the integrated and harmonious design of buildings and for adequate and properly
arranged facilities for internal traffic, circulation, landscaping and other features and facilities as may
be necessary to make the areas attractive and efficient from the standpoint of adjacent noncommercial
areas. Any area which is not to bc immediately improved or developed shall be landscaped or
otherwise maintained in a neat and orderly manner as specified by the city.
~ 154.240 ARRANGEMENT OF INDUSTRIAL USES.
In any PUD including industrial uses, the industrial uses shall be provided in park-like
surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas,
loading areas and outdoor storage of raw materials or products. An industrial area in a PUD shall
provide for the harmonious design of buildings and a compact grouping in order to economize in the
provisions of required utility services. Streets in a planned industrial- area shall be kept to a miirimum
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.
53
~ 154.250 PRE-APPLICATION MEETING; PROCEDURE.
Before submitting a formal application for a PUD under this chapter, the developer shall meet with
the Planning and Zoning Commission. The purpose of this meeting is to discuss early and informally
the purpose and effect of this chapter and the criteria and standards contained in this chapter, and"to
familiarize the developer with the city's comprehensive plan, including the land use plan, the major
thoroughfare plan, and the parks and open space plan, and with the subdivision regulations and the
drainage, sewer and water systems of the city.
~ 154.251 APPLICATION.
(A) An application for approval of a preliminary development plan for a proposed PUD shall be
made to the Planning and Zoning Commission, by at least I owner or lessee of property for which the
POO 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:
~~~-" +F)-A=viE'inity=nrap-at=a'Seale-uf=l=inC'hcequal~5il-feetsh(}win!fIJtopeftylines,- 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 POO 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;
54
(c) A statement describing the ultimate ownership and maintenance of all parts of the
development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be provided to
the development; and" " " "
(e) The total anticipated population to occupy the PUD, with breakdowns indicating the
number of school-age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be
in the public interest and consistent with the objectives specified for PUDs by S 154.065.
~ 154.252 ACTIONS.
(A) By the Commission. Within 60 days of the filing of the application, the Planning and Zoning
Commission shall hold a public hearing on the proposed PUD following written and published notice
as required for amendments of this chapter. Following the hearing and within 60 days of the filing of
the application or at a later time agreed to by the applicant, the Planning and Zoning Commission shall
-- -- -- ---leoommemtaPJlIe-vaFor-uisapprovai=of=th-e~pretiminatypropo-sa:fflitlrmry-c1ranjfeS-lIl1lffom:litmns-=asi!- --~~-=
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 S 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 follO\ving sections.
~ 154.253 PUD AGREEMENT.
The Zoning Administrator shall instruct the City Attorney to draw up a PUD agreement which
stipulates the specific terms and conditions approved by the City Council and accepted by the
applicant. This agreement shall be signed by the Mayor of the city, Clerk/Administrator and the
applicant .within 30 days of the City Council approval of the PUD application and final plat. Where the
PUD application and/or [mal plat is to be resubmitted or denied approval, the City Council action shall
be by written report setting forth the reasons for its actions. . - -
~ 154.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the final development plan shall be filed by the
55
applicant with the Planning and Zoning Commission within 6 months of the date on which approval of
the preliminary plan was given by the Council. If application for final approval is not made within the
time required, the proposal shall be considered abandoned unless an extension period is requested and
granted by the City Council.
~ 154.255 DOCUMENTATION REQillRED.
The final application shall be accompanied by the following supporting documentation:
(A) A final plan of the PUD in schematic form including the following:
(1) The street system, lot layout and off-street parking and loading plan;
(2) The use, height, bulk and approximate location of buildings and other structures;
(3) Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds,
school sites, public buildings and similar public and semi-public uses;
(4) A site plan for each building site and common open area, showing approximate location
of buildings, structures and improvements;
_ __ __.~_._._______ -____ -------c---- ---- --- ---- -.. - --- ---
-----.__.~----_._-----_...-
(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 of the site being developed.
(B) A written statement including:
(1) The approximate date when construction will begin by stage of development and the area
of open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance and continued
protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council for the
particular PUD.
~ 154.256 ACTION ON FINAL APPLICATION.
56
(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 shaH 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 ih general conformance with
the preliminary development plan as approved.
(B) (1) Criteria for approval. The findings necessary for approval of both the preliminary and
[mal 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 wiH 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 [mal approval is not in substantial
compliance with the preliminary development plan, the Zoning Administrator shaH notify the applicant
within 45 days of the date of application, setting forth the ways in which the plan is not in substantial
compliance.
(a) The applicant may treat the notification as denial of preliminary approval;
(b) The applicant may refile his or her plan so that it does substantially comply with the
outline development plan; or
(c) The applicant may file a written request with the Planning and Zoning Commission
that it hold a public hearing on his or her request for final approval. Any hearing shaH be held within
30 days after the request for the hearing. Within 45 days of the hearing, the Planning and Zoning
Commission shall either grant or deny preliminary approval to the plan.
(3) Final approval. The City Council shall review and approve the [mal development plan if
it is in substantial compliance with preliminary development plan. FoHowing this, the applicant shall
record the [mal development plan in the manner provided for recording subdivision plats. If the final
development plan is not in substantial compliance, the applicant shall be requested to repeat the
procedures outlined for the preliminary development plan. Approval may be conditioned on the
applicant executing a PUD agreement.
~ 154.257 TIME LIMIT.
lfwork 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.
57
~ 154.258 AMENDMENTS-CHANGES TO THE PUD PLAN.
Amendments may oe made in the approved fihal 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 final development plan.
=~=(B')-€hanges'IDay=be-,mtJrff1.ized'UnlY'umler-theJYl'oeeUures-prov!ded-oernw:=-~ ~~~.~
(1) Minor extensions, alterations or modifications of existing structures may be authorized by
the Planning and Zoning Commission if they are consistent with the intent and purpose of the final plan
and do not increase the cube of any building or structure by more than 10%; and
(2) Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the final development plan may be
authorized only by amendment to the final development.
~ 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 6 months following the approval of the final
development plan, the Zoning Administrator shall review all of the building permits issued for the.
planned development and examine the construction which has taken place on the site. If he or she shall
find that the rate of construction of dwelling units is greater than the rate at which common open spaces
and public and recreational facilities have been constructed and provided, he or she shall forward this
information to the City Council, which may revoke the PUD Permit.
58
~ 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 home.owners' association or sirbilar organization subject.
to covenants, to be approved by the City Council, which restrict the common open space to the uses
specifIed on the fInal development plan, and which provide for the maintenance of the common open
space in a manner which assures its continuing use for its intended purpose.
~ 154.263 HOMEOWNERS' ASSOCIATION.
If a homeowners' association is created, the applicant shall submit plans at the time of fInal plan of
development and documents which explain:
(A) Ownership and membership requirements;
(B) Articles of incorporation and bylaws;
(C) Time at which the developer turns the association over to the homeowners;
(D) Approximate monthly or yearly association fee for homeowners; and
--- ._---~- -- .~- --".--- --- --- --- ---- - --- ~.- - ------ -----
-- -~- ----...--. --~~-~- -~---------_.'--_.'.~ --
(E) SpecifIc listing of items owned in common including items as roads, recreation facilities,
parking, common open space ground and utilities.
Penalty, see S 154.999
ADMINISTRATION
~ 154.300 PERFORMANCE STANDARDS.
Every use permitted by this chapter shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
chapter to provide the tests or investigations by an independent testing organization satisfactory to the
Council as are necessary to show compliance with these standards. The cost of the investigation and
tests shall be shared equally by the owner or operator and the city unless the results disclose
noncompliance with these standards; in that event, the entire cost shall be borne by the owner or
operator. This provision does not preclude the city from making any investigations and tests it fInds
appropriate to. determine compliance with these standards.
~ 154.310 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:
59
(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 oy other properties in the same district under the terins 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 ofIight and air to adjacent
property, or unreasonably diminish or impair established property values within the surrounding area,
or in any other respect impair the public health, safety, or welfare of the residents of the city; and
(5) Any person filing a petition requesting a variance or an amendment of the zoning chapter
rezoning property or changing regulations within any use district shall pay a fee according to the
schedule established by resolution of the City CounciL The fee is payable at the time of filing a
petition and is not refundable.
(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the
Board of Appeals and Adjustments and shall have the power to hear and recommend requests for the
following:
_..-----=-------:-~~.:.~~------:-::---~---=~~----=----- ._-=.:----=-------::"-=-~-----=-~--=-_. .------:--_~.~~- --_...~
(I) 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.
(I) Applications provided by the city must be completed in writing prior to any consideration
of variance petitions. Fees for variances are established by resolution of the City CounciL
(2) The Board of Appeals and Adjustments may require the applicant to provide copies of
plans, maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of
variance petitions.
(3) After filing an application, the Administrator shall set a date for a public hearing. Notice
of the hearing shall be posted and published at least 10 days prior to the date of the hearing, and notice
shall be mailed to each property owner within 350 feet of the property to which the variance relates.
Defects in the notice or failure to notify individual property owners shall not validate the proceedings,
provided a good faith effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall either recommend
approval or denial for the variance and shall state the reasons for the action. Conditions for approval
may be attached to any variance granted.
60
,
(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 Boara of Appeals and City
Council must fmd true the following, in the granting of a variance from this chapter:
(a) Granting a variance will not adversely affect the public health, welfare and safety and
will not be detrimental or injurious to property or improvements in the neighborhood;
(b) Strict interpretation or enforcement would result in a practical difficulty or
unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the
comprehensive plan;
(c) There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same district;
(d) There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same district;
( e) Strict or literal interpretation would deprive the applicant of the use and enjoyment of
~-==. lris-oFheFproperty=ifr'<FJI1ID11ler=simttar-to-\)therS'in~lre'Sanre=dtstrietfl!tl<t-
(f) Granting of the variance will not allow a use which is otherwise not a permitted use
in the zoning district in question.
(6) A variance granted but not used shall become void 1 year after its effective date.
(7) No application for the same or essentially the same variance shall be made within 6
months of the date of denial.
SEe. 154.320. CONDITiONAL USES. Conditional uses may be permitted within the several zoning districts
of the City subject to the provisions of this Section.
Subd. I. 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.
Subd. 2. Standards and Conditions For Conditional Uses.
A. A Conditional Use Permit may be granted for the following uses only:
I. 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;
2. 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.
61
.
B. A Conditional Use Permit shall be granted only if evidence is presented to establish:
- - -
l. 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;
2. 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,
. 3. 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.
C. 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.
~-. Snoa.c;J~ Procettur". .~~... ---c-~==,~=-~
---~-
~-
A. 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.
B. 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 (10) days' notice of hearing
of all applications for conditional uses in the Flood Plain Districts.
C. Within thirty (30) days after the conclusion of the public hearing, the Planning Commission shall
transmit to the Council a written report containing its recommendations concerning the proposed conditional
use. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation. In
considering conditional use applications in the Flood Plain Districts, the Planning Commission shall
consider all requirements of this Chapter together with Chapter 155, Flood Damage Prevention.
D. The Council shall, within thirty (30) days of the receipt of the report of the Planning Commission, grant
or deny the conditional use or refer the matter back to the Planning Commission for further consideration.
The Council shall not grant a conditional use unless it finds that the standards of this Section have been
satisfied. Any proposed conditional use which fails to receive the approval of the majority ofthe 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.
E. A Conditional Use Permit shall be valid for a period of one (1) year, after which the same shall be
revoked in the event that any proposed construction, alteration or operation has not been started in
accordance with the terms of such permit.
62
F. A Conditional Use Pennit shall remain in effect as long as the conditions agreed upon are observed, but
nothing in this Chapter shall prevent the City from enacting or amending official controls to change the
status of conditional uses.
~ 154.330 INTERIM USE PERMITS.
(A) Purpose. It is intended that the interim use permit procedures allow flexibility in the use of
land or structures in the city, when the uses are not permanent and when the uses meet appropriate
conditions and performance standards that protect the public health, safety and welfare.
(B) Application, public hearing and procedure. The application, public hearing, notice and
procedure requirements for interim use permits shall be the same as those for amendments, as provided
in thid chapter. If a proposed interim use is not listed as a permitted interim use in this chapter, a text
amendment to this chapter will be required before an interim use permit may be considered.
(C) Termination. All interim use permits shall terminate on the happening of any of the following
events, whichever first occurs:
(I)
(2)
(3)
The date stated on the permit;
Upon violation of the condition under which the permit was issued; or
Upon change in the city's zoning regulations that renders the use nonconforming.
(D) Standards. The interim use must specifically listed in the zoning district where the property is
located. The interim use must meet or exceed the performance standards set forth in this chapter and
other applicable city ordinances. The interim use must comply with the specific standards for the use
identified in this chapter and must comply with all conditions of approval, which shall be included in
an interim use permit agreement.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated
adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect
the value of other property, and to achieve the goals and objectives of the comprehensive plan.
~ 154.350 AMENDMENTS.
(A) Amendments to this chapter may be initiated by the Planning and Zoning Commission, City
Councilor by a petition of a landowner or other interested party.
(B) Applications provided by the city must be completed, in writing, prior to any consideration for
an amendment. Fees for zoning amendments are established by resolution of the City Council.
(C) The city may require the applicant to provide plans, maps, surveys and the like, to ensure
proper review and consideration of any prop()sed amendment to the written provisions of this ch;lpter
or zoning district boundaries.
(D) After the filing of an application, or initiation by the City Council, the Clerk! Administrator
shall set a date for a public hearing. Notice of the hearing shall be posted and published at least 10
days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet
of the proposed zoning district boundary amendments.
63
(E) Upon hearing the request, the Planning and Zoning Commission shall reconunend either
approval or denial of the proposed amendment and shall state the reasons of the action.
(F) Within 30 days ofthe'reconunendation of the Planning and Zoning Comrhission, the City
Council shall consider the recommendation of the Planning and Zoning Conunission and shall approve,
deny or modify the request to amend this chapter.
~ 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.
~ 154.410 FEES AND LICENSING.
Fees and licensing provisions, affecting the administration and enforcement of this chapter, shall
be established by resolution ofthe 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
-maYTe1fuire'ful-l-cpayUlenl-tJf~fees-an<.hJut-&Fpoctret~eJi'penses-ineUITecl-in the-review.of1lrl'5po-sed1!ctlons---- -
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.
64
APPENDIX A
TABLE 1: DISTRICT REGULATIONS LOT AND YARD REQUIREMENTS
. . District Regulations
Zoning DistrlcJ Min. Area Min. Width Front Rear Side Mln. Bldg. Mitt.
Setback Setback Setback Size" Garage
Ground Floor Size
Sq.Ft
JldJ:lmnl Residen1ioJ ~Q.ac.res ~ __300-1t._ _lifL ---.lift. 10 ft --L!llil ft. N1A
. -..._-- ~ --~---_._- -. .
R-2A Single-Family 11,500 ft. 80 ft. 35 ft. 25 ft. 10ft. 900ft. 440ft.
ResidentioJ
R-2 Single-Family 15,000 ft. 100ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 440ft.
Residential
. . .
R-4 Single-Family 7,500 ft. 60 ft. 15 ft. 20ft. 10ft. 1,050 ft. 220ft.
ManufacINred Housing
67
R-5 Single-Family 17,500 ft. 100ft. 35 ft. 25 ft. 10ft. 1,200 ft. 600 ft
Residential- Estate
- - -
B-1 Commercial 20,000 ft. ]50 ft. 30ft. 30ft. 20 ft. 1,000 ft. NIA
[-llndastrial 1 acre 200ft. 50ft. 30ft. 20ft. 5,000 ft. N/A
P-l Public/Semi-Public 20,000 ft. 150ft. 35 ft. 30 ft. 20ft. ~1.000 ft. _ ~/A=.
M-l Mixed Use 7,500 ft. 50 ft. O' O' O' Res. 1,050 ft. 240 ft.
Comm. 1,000
ft.
NOTES:
. Setbacks governed by Boilding Code.
.. Minimum ground floor square footage or a minimum of 1,650 finished square feet, whichever is greater at the time of building
permit issuance.
68
CHAPTER 155: - FLOOD DAMAGE PREVENTION
Section
General Provisions
155.01 Statutory authorization
155.02 Findings off act
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 ofliability
Zoning District Regulations
155.25 Establishment of zoning districts
155.26 Compliance with chapter
155.27 Floodway 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
155.56 Board of Adjustment
155.57 Conditional uses
155.58 Nonconforming uses and nonconforming structures
155.59 Amendments
155.99 Penalty
1
GENERAL PROVISIONS
~ 155.01 STATUTORY AUTHORIZATION.
The legislature ofthe state has, in M.S. Chapter 103F and M.S. S 462.357, as may be
amended from time to time, delegated the responsibility to local goverinnent units to
adopt regnlations 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
resnlts 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.
=ttlrd~~A;-pasScif2l~~~.
~ 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 S 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.
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 sub grade (below ground level) on all 4 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 pro~edure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding 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
2
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 the stage of a
wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency -for which it is expected iliat 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 FRlNGEused 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.
FLOOD WAY. The bed of a wetland or lake and the channel of a watercourse and
those portions ofthe 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.
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 2 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 of the I DO-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 I 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 ~ I 55.32(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
3
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
defmed and elaborated upon in a conununity's respective planning and zoning enabling
legislation.
(Ord. 33-A, passed 4-12-1989)
~ 155.05 LANDS TO WHICH TIDS 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 June 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.
(A) Residential zoning district. Within a residential zoning district, the regulatory
flood protection elevation shall be an elevation no lower than 2 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 conunercial and industrial
zoning district, the regulatory flood protection elevation shall be an elevation no lower
than 1 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 shall be liberally construed in favor of the 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 qfthe district as shown on.the official zoning map, a.s 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 regional 1 OO-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
4
.
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)
--"~-=ZVNlN6fflSTRTe'r-IlE6UBfT10N~-~~-..-
~ 155.25 ESTABLISHMENT OF ZONING DISTRICTS.
(A) Floodway District. The F100dway 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 stmcture 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
5
.
by ground surveys, and flood-proofing 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 S 155.99
~ 155.27 FLOODW AY DISTRICT (FW).
(A) Permitted uses.
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod fanning 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 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 floodway 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.
(I) 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 of fill;
(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 IO-year frequency flood event.
6
.
(D) Standards/or 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 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.
-~~-==--==T5-)-W~1:cessoryStmctures~shalrnorbeite~lgrredi'orliuri1an=naDffirtro11.---
(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-proofing classifications in the
Minnesota Building Code. As an alternative, an accessory structure may be flood-
proofed to the FP.3 or FP-4 flood-proofmg 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
7
,
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 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.
(Ord. 33-A, passed 4-12-1989; Am. Ord. passed 5-24- I 990) Penalty, see S 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 conditional uses
listed in this chapter.
(B) Standards for FF permitted uses.
(I) 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 I
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, accessory 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 any I 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 ofIand that does not comply with the standards in
divisions (B)(;3) and (B)(4) of this secticm shall only be allowableas a conditional use.
An application for a conditional.use shall be subject to the standards and criteria and
evaluation procedures specified this chapter
(D) Standards for FF conditional uses.
(I) Alternative elevation methods other than the use of fill may be utilized to
8
.
elevate a 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 1 side of the structure; the
enclosed area is designed to flood internally and is constructed with flood-resistant
materials; and the enclosea area is used solely for parking of vehicles, buildmg 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:
I. The minimum area of openings in the walls where internal
. -~~flooQmgls=t(rbecuSed as-a=flooo~1JrootIllgtechmque;-,-Whenllpemirgg-are-placetliITa '~ .
structure's walls to provide for entry of floodwaters to equalize pressures, the bottom of
all openings shall be no higher than 1 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-proofing must meet the FP- I or FP-2 flood-proofing 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 of1:iuoyancy. Structures flood-proofed to the FP-3 or
FP-4 classification shall not be permitted.
(4) When at any 1 time more than 1,000 cubic yards offill 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
9
works, an erosion and sedimentation control plan must be submitted unless the
community is enforcing a state-approved shoreland management ordinance. In the
absence of a state-approved shore land 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 I DO-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.
~.=~fITAn=new pllficipaFStruCturesmtistnavevemcumraccess"l iJl above-an ~.~
elevation not more than 2 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 2 feet or be subject
to flood velocities greater than 4 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 f100~ hazard area designation :Cor certain structures proPerly elevated on fill above.
the 1 DO-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
10
. .
the channel and adjoining floodplain of any tributary watercourse or drainage system
wh~re a floodway or other encroachment limit has not been specified on the official
zorung 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.
(I) The uses listed in the floodway FW district shall be permitted uses.
(2) All other uses shall be subject to the floodwaylflood fringe evaluation
criteria pursuant to this section.
'-~-==fJ5)-Proceaures=JorJlvomVaJrandJlooafri1Tge'aetermlnutlons-wifhlrrthemneruZ-=~-
Floodplain District.
(I) 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 ofland 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.
(2) The applicant shall be responsible to submit I 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:
II
. .
(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 tlle floodway necessary to conveyor store the regional flood
without increasing flood stages more than 1/2 foot. A lesser stage increase than 1/2 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 Plarming
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. Alllots
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 2 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 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 ~ 155.99
Cross-reference:
Subdivision Regulations, see Chapter 153
12
. l' .
~ 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-treatrfient'systems-shirtj-be-ctetermmed,o be m-compfuiITce'witlrtliis sedIDil.'
(Ord. 33-A, passed 4-12-1989) Penalty, see S 155.99
Cross-reference:
Sewer Regulations, see Chapter 51
Water Regulations, see Chapter 52
~ 155.32 MANUFACTURED HOMES, MANUFACTURED HOME PARKS,
TRAVEL
TRAILERS AND TRAVEL VEIDCLES.
(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 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.
13
.' ~.
(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 currentlicenses 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.
~=--='=~=~G3) traVe11:faiIers and-travel'VehicIe?exempted'ffiis-sectrorilUse-thls<iXelllptrurr- ~~~
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-proofing
requirements and the use of land 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 5 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 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 flood way 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 100-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
14
" .
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 S 155.99
A1JMINISTRATION 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. 33cA, 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-bmIding; structure orland; pnor'tG1lie-charrgeorextenSTOIi<ml no=nto~se;
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.
(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 S 155.99
--- ---
-~-_.---
~ 155.52 CERTIFICATE OF WNING 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 S 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
15
. '
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 S
155.99.
(Ord. 33-A, passed 4-12-1989) Penalty, see S 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 S 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
- --'e'levatton to which -structures-andalteratlons-oradclitiuns-to stnictures-me'Iloocf-proutett-.----- -
(Ord. 33-A, passed 4-12-1989)
~ 155.56 BOARD OF ADJUSTMENT.
(A) The Plarroing and Zoning Commission and City Council shall act as the Board
of Adjustment. The Plarming and Zoning Commission shall investigate the matter, malce
findings of fact and recommdation to the City Council who shall render a [mal 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 fo.r the particular area or pennit standards lower than those required by state
law.
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(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 Acljustment 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 10 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 findings 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 10 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 recordkeeping. 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 of insurance coverage, and that this construction below
the I DO-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 armual 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 Plarming 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 an application
for a conditional use permit, the City shall submit by maif 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 10 days' notice of the hearing.
17
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(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 pact 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 Coinmissioner of Natural
Resources within 10 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-proofing 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 I copy of the information to a designated engineer or other expert
person or agency for technical assistance, where necessary, in evaluating the proposed
.proJect"m relatlOn'to"flooct"belghtsand.velo-cities;Lhe senousne"Ssuttlo<fduamage t(fllie ~-=~~~
use, the adequacy of the plans for protection and other technical matters; and
(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:
(I) 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
18
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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 offlood 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 dIe application, except where tlle
City is granted an extension of time in which to make the decision.
(0) Conditions attached to conditional use permits. Upon consideration oftlle
factors listed above and tlle purpose of this chapter, tlle City Council shall attach any
conditions to tlle granting of conditional use permits as it deems necessary to fulfill tlle
proposes of this chapter. These conditions may include but are not limited to the
following:
=c.. c~~_.=, ~. ,=,=c ~-=tl)~-Mooification ot waste"treatinenTarul'water suppl?faCilities;'~'~c ~~=,
-"--- ---
------- -------- -----
(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-proofing measures, in accordance witll tlle Minnesota Building Code
and this chapter. The applicant shall submit a plan or document certified by a registered
professional engineer or architect that tlle flood-proofing measures are consistent with the
regulatory flood protection elevation and associated flood factors for tlle particular area.
(Ord. 33-A, passed 4-12-1989)
~ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES.
(A) A structure or tlle use of a structure or premises which was lawful before tlle
passage or amendment of this chapter but which is not in conformity witll tlle provisions
of this chapter may be continued subject to the following conditions:
(I) No use shall be expanded, changed, enlarged or altered in a way which
increases its nonconformity;
(2) Any alteration or addition to a nonconformmg structure or nonconforining
use which would result in increasing the flood damage potential of that structure or use
shall be protected to tlle regulatory flood protection elevation in accordance witll any of
tlle elevation, fill or flood-proofing techniques (such as FP-I through FP-4 flood-proofing
classifications) allowable in tlle Minnesota Building Code, except as further restricted this
section; and
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(3) The cost of any structural alterations or additions to any nonconforming
structure over the life of the structure shall not exceed 50% 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% 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 FIoodway or Flood Fringe District, respectively.
(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% or more of its market value at the time of destruction, it shall
not be reconstructed except in conformity with the provisions ofthis chapter. The
applicable provisions for establishing new uses or new structures contained in this
chapter will apply depending upon whether the use or structure is in the Floodway or
Flood Fringe District, respectively.
-~-{()rd: "3~A, passed- 4-1:t-19l)gy=-~=~-- - - --- ~~-- ~ -----~c_=-~__=~_ ,=~~_c=
~ 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 if he 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 10
days' written notice of all 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.
20
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Effective 11/23/73
City of Centerville - Ordinance #6
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #6
AN ORDINANCE PROHIBITING THE MAINTAINING OF NUISANCES WITHIN THE
VILLAGE OF CENTERVILLE, MINNESOTA; DEFINING NUISANCES AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF:
THE VILLAGE COUNCIL OF THE VILLAGE OF CENTERVILLE ORDAINS:
SECTION 1. No person, firm or corporation shall cause or permit any nuisance as
hereinafter defined to be maintained or permitted upon private or public
property within the Village ofCenterville, Minnesota.
SECTION 2. Nuisance is hereby defined and constitutes the following:
I. Accumulation of tin cans, bottles, trash, ashes, or debris of any nature of
description.
2. The parking, keeping, placing or storing of, or the permitting of parking or
storage of old machinery or junk cars on public street or alley, or on any
private lands or premises which are owned, occupied or controlled by the one
so doing, or so permitting, except where such is being pursued in accordance
with existing zoning and the issuance of a special use permit therefore.
This shall also apply to anyone who shall park, keep, or place such vehicle even ifhe be not
the owner of the lands upon which such vehicle is parked, kept, or placed.
For the purpose ofthis section, ajunk car means any motor vehicle which is not in operable
condition, or which is partially dismantled, or which is used for sale of parts or as a source of
repair of replacement parts for other vehicles, or which is kept for scrapping, dismantling, or
salvage of any kind, or which is not properly licensed for operation within the State of
Minnesota by the State of Minnesota.
An application for a special permit may be made by the property owner on which the vehicle
will be stored. The special permit can be issued by the Clerk/Administrator ifthe following
conditions are met:
- There is only one non-registered/non-operable vehicle on the property.
Page 1 00
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Effective 11/23/73
City of Centerville - Ordinance #6
- All property owners within 150 feet ofthe property on which the vehicle is proposed to be
stored will be mailed a notice informing them of the permit application and given the
opportunity to comment. (City staff will make the determination of which property
owners are within 150 feet of the applicant's property).
- The City has not received more than one (I) documented negative comment from the
property owners within 150 feet of the applicant's property.
- The Public Works Director has reviewed the site and submitted a recommendation that the
outside storage of the vehicle appears to not be disruptive to the surrounding area and does
not interfere with easements and street right of ways.
- The vehicle does not appear to pose a hazard as determined by the Public Works Director.
Such special permit will expire on December 31 of each year. Special permits must be renewed
annually and shall be non transferable. Permits taken out during the year will not be prorated.
Should the applicant meet the above requirements and the Clerk/Administrator grants the permit the
applicant shall pay an annual fee to the City of Centerville. The fee shall be as determined in the
City Fee Schedule which shall be reviewed annually.
Special conditions which are unique to the individual application may be imposed.
Application denied by the Clerk/Administrator may appeal to the City Council.
Properties which have more than one non-registeredlnon-operable vehicle and request a special
permit shall make application to the City Council versus the Clerk/Administrator.
3. Placing the contents of any cesspool, septic tank, privy vault or garbage can upon the
surface ofthe ground.
4. Placing paper, litter or debris upon open ground.
5. Causing or allowing any unnecessary noises or annoying vibrations.
SECTION 3. Any person who shall violate any of the provisions of this ordinance shall be
guilty of misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding $300 or by imprisonment in the County Jail for not more
than 90 days.
SECTION 4. This ordinance shall be in full force and effect from and after its publication.
Amended 3/14/90
Page 2 0[3
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Passed by the Village Council this 14th day of November, 1973.
Effective 11/23/73
City of Centerville - Ordinance #6
(Signature on File)
Mayor, Walter Prachar
(Signature on File)
Lu Marcello, Clerk-Treasurer
Published in the Spring Lake Park Life on November 23, 1973
Page 3 00
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Effective: 03/04/86
City of Centerville - Ordinance #6-A
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE # 6-A
AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR
NUISANCES
The City Council of the City ofCenterville does hereby ordain:
SECTION 1. Declaration ofPolicv. The City Council of the City ofCenterville
has determined that the health, safety, good order, general welfare, and
convenience of the public is threatened by certain public nuisances on property
within the City limits. It is declared to be the intention of the Council to abate
these nuisances, and this ordinance is enacted for that purpose.
SECTION 2. Whoever, by his act or failure to perform a legal duty, intentionally
does any of the following is guilty of maintaining a public nuisance and may be
ordered to abate the nuisance as provided herein, charged with a misdemeanor, or
both:
I. Maintains or permits a condition which unreasonably annoys,
injures, or endangers the safety, health, morals, comfort or repose
of any considerable number of members of the public.
2. Interferes with, obstructs, or renders dangerous for passage any
public highway or right of way, or waters used by the public.
3. Willfully opposes or obstructs a health officer of physician charged
with the enforcement of the health laws in performing any legal
duties.
4. Is guilty of any other act or omission declared by state law or City
ordinance to be a public nuisance.
SECTION 3. Hearing Examiner.
I. Position Created. The position of Hearing Examiner is hereby
created. The City Council may contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in
this ordinance and set the rate of compensation therefore.
- - -
2. Duties of the Hearing Examiner. The Hearing Examiner shall have
the following duties:
Page 10f4
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Effective: 03104186
City of Centerville - Ordinance #6-A
I. Set dates and hear all contested cases following appeals of
orders of the Zoning Administrator or Chief Building
Official.
2. Take testimony from an interested parties.
3. Make a complete record of all proceedings.
4. Affirm, repeal or modifY the order of the Zoning
Administrator or Chief Building Official and prepare
written findings of fact.
SECTION 4. Inspection and Investigation.
1. Periodic Inspection. The Zoning Administrator or Chief Building Official
shall cause to be inspected all public and private places within the City
which might contain a public nuisance as defined in this Code as often as
practicable to determine whether any such conditions exist. The Zoning
Administrator or Chief Building Official shall also investigate all reports
of public nuisances located within the City.
2. Entrv on Public and Private Places. The Zoning Administrator, Chief
Building Official or their duly authorized agents may enter upon all public
and private places at any reasonable time for the purposed of inspecting
those places for public nuisances.
SECTION 5. Abatement of Nuisances. Upon a determination by the Zoning
Administrator or Chief Building Official that a public nuisance exists on any
public or private property within the City, the Zoning Administrator or Chief
Building Official shall order the public nuisance to be abated in a manner
consistent with the City Ordinances and state law.
SECTION 6. Procedure for Removal of Public Nuisances.
1. Whenever the Zoning Administrator or Chief Building Official finds with
reasonable certainty that a public nuisance exists on any public or private
property in the City of Centerville, he shall notify the affected property
owner by personal service or by certified mail that the nuisance must be
abated within a reasonable time, not less than twenty (20) days from the
date of service of the notice. Service by certified mail shall be deemed
complete upon mailing. The order shall state with specificity the nature
of the violations and the requirements for compliance. The order shall
also state that the property owner may, within twenty (20) days of the date
of the order request a hearing before the Hearing Examiner and shall set
out the procedure by which that hearing may be requested. The order shan
also state that failure to abate the nuisance or request a hearing within the
Page 2 of 4
Effective: 03/04/86
City of Centerville - Ordinance #6-A
applicable time periods will result in summary abatement procedures, and
that the cost of abatement will be assessed against the subject property.
Upon expiration of the time required by the notice, the Zoning
Administrator or Chief Building Official may abate the nuisance unless a
request for a hearing has been timely filed.
2. Any property owner who feels aggrieve by an order of the Zoning
Administrator or Chief Building Official issued pursuant to this ordinance
may request a hearing before the Hearing Examiner. Such request shall be
filed in writing with the office of the City Clerk within twenty (20) days
after service of the notice by the Zoning Administrator or Chief Building
Official. The City Clerk shall notify the Hearing Examiner who shall
notify the property owner of the date, time and place of the hearing. The
hearing shall be conducted no more than ten (10) days after the Hearing
Examiner receives notice of the request, unless a later date is mutually
agreed to by the Hearing Examiner, the property owner and the City.
Bother the property owner and the City may appear at the hearing with
counsel and may call such witnesses and present such evidence as is
determined by the Hearing Examiner to be relevant. The Hearing
Examiner's order shall be accompanied by written findings of fact. Any
person aggrieved by the decision of the Hearing Examiner may appeal that
decision to the City Council by filing notice of such appeal with the office
of the City Clerk. At its next available regular meeting, following the
filing of a notice of appeal, the Council shall review the decision and
findings of the fact of the Hearing Examiner and shall affirm, repeal or
modify that decision. The city shall take no action to abate any nuisance
while the matter is still pending before the Hearing Examiner or the City
Council.
3. The Zoning Administrator of Chief Building Official shall keep a record
of the costs of abatements done under this ordinance and shall report
monthly to the City Clerk or other appropriate officer all work done for
which assessments are to be made, stating and certifying the description of
the land, lots or parcels involved and the amount assessable to each.
4. On or before September I of each year, the City Clerk shall list the total
unpaid charges for each abatement, against each separate lot or parcel to
which they are attributable under this ordinance. The Council may then
spread the charges or any portion thereof against the property involved as
a special assessment under other pertinent statutes, for certification to the
County Auditor and collection the following year along with current taxes.
Such assessment shall be payable in no more than ten (10) equal annual
installments, pursuant to Minnesqta Statutes, Section 429.01" Subdivision
2.
Page 3 of4
Effective: 03/04/86
City of Centerville - Ordinance #6-A
SECTION 7. Interference Prohibited. No person shall prevent, delay or interfere
with the Zoning Administrator, Chief Building Official or their agents while they
are engaged in the performance of duties set forth in this ordinance.
SECTION 8. Validity. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of the ordinance.
SECTION 9. Penalty. Any person violating any provision ofthis ordinance shall
be guilty of a misdemeanor as defined by state law and subject to the penalties
thereof.
SECTION 10. Effective Date. This ordinance shall take effect and be in force
upon its passage and publication required by law.
Adopted by the Centerville City Council on the 12th day of February, 1986.
(Signature on File)
Leon R. L'Allier, Mayor
ATTEST:
(Signature on File)
Debra K. Gonsior, Clerk
Published in the Quad Community Press March 4, 1986
Page 4 of4
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Effective 05-01-01
City of Centerville Ordinance #39
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE # 39
An ordinance regulating signs in the City of Centerville, Minnesota and
providing for the administration and enforcement of such regulations.
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #39, City of
Centerville Signage Ordinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose and Intent. It is the purpose of this Ordinance to:
. 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.
. 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.
. Administration and procedures for requiring permits, payments of
fees and providing for penalties for non-compliance.
Section 010-030: Repeal of Conflicting Ordinances. Those parts of Ordinance
#4 (Zoning Ordinance) or any parts of other Ordinances inconsistent herewith are
hereby repealed. In all other respects said Ordinance #4 (Zoning Ordinance)
and other Ordinances shall remain in full force and effect.
Section 010-040: Definitions.
Advertising Sign - An "Advertising Sign" is a sign, which directs attention to a
business commodity, service or entertainment not exclusively, related to the
premises where such a sign is located or to which it is affixed.
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.
Page 1 of 11
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Effective 05-01-01
City ofCenterville Ordinance #39
Business Frontage - The linear frontage of that portion of a building facing the
right-of-way and occupied by one separate business.
Business Sign - A "Business Sign" is 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
such sign is located.
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.
Flags - Devices generally made of flexible materials, such as cloth, paper of
plastic, and displayed on poles, strings or wires, but excluding the flag of any
country or state.
Flashing Sign - An illuminated sign on which such illumination is not kept
constant in intensity or color at all times, when such sign is in use.
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.
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 is at least 20% 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, or pertainin9 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 such a candidate and which
contains the name of the person or group supporting such a candidate and which
contains the name of the person or group chairman responsible for the erection
and removal of the sign.
Page 2 of 11
Effective 05-01-01
City of Centerville Ordinance #39
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; menu and sandwich board signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from
the public right of way, unless said vehicle is used in the normal day-to-day
operations of the business.
Setback - The minimum horizontal distance between a lot line and a building line
or use.
Sign - The term "Sign" shall mean 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.
Sign Area - The entire area within a continuous perimeter enclosing a sign,
exclusive of sign embellishments, which may extend beyond said perimeter as
regulated herein; such perimeter shall not include any structural elements lying
outside of said 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 face 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 sandwich type signs, sidewalk or curb signs and balloons
or other air or gas filled figures.
Wall Advertising Sign - An advertising sign attached to or erected against the
wall of a building or structure with the exposed face to the sign in a plane
approximately parallel to the face of said wall and extending not more than fifteen
(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.
DIVISION 15: General Reaulations
A. Signs are prohibited within the public right-of-way or
easements except that the City Council may grant a Special
Use Permit to locate signs and decorations on or within the
right-of-way for a specified period of time.
Page 3 of 11
Effective 05-0]-0]
City ofCenterville Ordinance #39
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 Ordinance, interior
illuminated signs are permitted in all districts except
Residential. All illuminated signs shall have a shielded light
source.
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 on to the roof
or the sides of a building.
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 structure
without the issuance of a Special Use Permit.
G. No sign shall physically obstruct any window, fire escape or
opening intended to provide entry or exit to any structure or
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 community.
J. 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
Ordinance 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
Page 4 of ] ]
Effective 05-01-01
City of Centerville Ordinance #39
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 such sign is a directional sign.
DIVISION 20: Permitted sians with no permit reauired
Section 020-010: Political Signs. Political signs posted 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 sixty (60)
days and shall be removed within seven (7) days following the date of the
election. Only one sign (1) per candidate will be allowed per lot.
Section 020-020: Temporary Signs.
A. Temporary banners and pennants shall be displayed for no
more than fourteen (14) days. A maximum of six (6)
occurrences per year are allowed. Banners or pennants
determined to be an integral part of the design or
architecture of a building are permitted.
B. One temporary identification sign, setting forth the name of
the project, architect, engineers, contractors, planners and
financing agencies, may be installed at a construction site in
any district for the period of construction. The sign area of a
temporary identification sign shall not exceed thirty-five (35)
square feet.
C. In any district, one (1) 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 (1) such sign
shall be permitted per street frontage. Such sign(s) shall be
removed within seven (7) days following the lease or sale of
the property. The maximum size of such signs for each
district is as follows:
Residential Districts - Ten (10) square feet
Commercial Districts - Thirty-two (32) square feet
Industrial Districts - Thirty-two (32) square feet
Mixed-Use Districts - Sixteen (16) square feet
Agricultural/Rura] Residential - Thirty-twq (32) square
feet
In any district, one (1) temporary "help wanted" or
"now hiring" sign may be erected for the purpose of
advertising employment positions. Only one (1) such
sign shall be permitted per street frontage. Such sign
Page 5 of 11
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shall be removed upon filling the employment
position. The maximum size of such signs for each
districts are as follows:
D. Commercial District - Thirty-two (32) square feet
Industrial District - Thirty-two (32) square feet
Mixed-Use District - Sixteen (16) square feet
Agricultural/Rural Residential - Thirty-two (32) square feet
E. Signs pertaining to drives or events of civic, philanthropic,
educational or religious organizations, provided permission of the
Council must be obtained to erect such signs upon or over public
property and provided further that such signs shall not be erected
or posted for a period of more than fourteen (14) days prior to the
date of the event and must be removed within three (3) days after
the event.
Section 020-030: Directional Signs. Directional signs having a surface area
not greater than five (5) square feet.
Section 020-040: Memorial Signs. Memorial signs or tablets, or names of
buildings and date of erection when cut into a masonry surface of constructed of
metal, wood or stone and attached to the building not exceeding a sign surface
area of four (4) square feet.
Section 020-050: Freestanding Signs. Freestanding signs for garage sales or
similar events occurring within the corporate limits of the City, not exceeding four
(4) square feet in sign surface area, erected on private property with permission
of the landowner, and displayed for not more than three (3) consecutive days.
Section 020-060: Window Signs. Temporary or permanent window signs duly
authorized by zoning and other laws of this City, provided that all such signs on a
frontage shall not have a total sign surface area greater than 50% of the glass
area, excluding doors, on such frontage and provided that a minimum of one-half
of the open window space must be below a horizontal line which is five (5) feet
above the interior floor of the commercial establishment. Merchandise displays
in windows shall not be considered a part of the sign area if such display is not to
be continued for a period of more than eight (8) weeks.
DIVISION 25: Portable Signs
Portable signs are prohibited in residential districts. Portable signs in all other
districts are allowed with permit as specifically authorized below. Portable signs
used for the purpose of directing the public will be permitted subject to the
following conditions:
A. Said sign is coincidental to or used in conjunction with a
public function; and
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Effective 05-01-01
City ofCenterville Ordinance #39
B. Said sign is used for a special business promotion or event;
and
C. The period of use for such a sign shall not exceed fourteen
(14) consecutive days; and
D. No business may have more than six (6) special promotions
or events per year; and
E. Portable signs may not exceed eighty (80) square feet.
DIVISION 30: District Regulations
Section 030 - 010: Residential/Public Districts (R1,R2, R2A, R4, R5, P1)
Permitted Signs
A. Residential Identifications - Not more than two (2) square
feet per nameplate or six (6) square feet in area for each
multiple-family building.
B. Institutional Identifications - Churches, schools, parks etc.
allowed up to thirty-two (32) square feet; not taller than eight
(8) feet.
C. Business Signs - Home-based businesses may have a sign
that is no larger than four (4) square feet. The sign may not
be an interior-illuminated sign,
Section 030 - 020: Commercial District (81)
Permitted Signs
A, Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
B. Free Standing Signs - One (1) free standing sign per
business or business complex provided, however, said sign
does not exceed two hundred (200) square feet in area and
thirty-five (35) feet in height.
C. Area Identification Signs - One (1) area identification sign
is permitted per street frontage, however said sign does not
exceed sixty four (64) square feet in area and twenty (20)
feet in height, and is not placed within ten (10) feet of any
street right-of-way.
Section 030-030: Industrial District (11)
Page 7 of 11
Effective 05-01-01
City of Centerville Ordinance #39
Permitted Signs
A. Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
B. Free Standing Signs - One (1) free standing sign per street
frontage provided, however, said sign does not exceed two
hundred (200) square feet in area and thirty-five (35) feet in
height.
C. Area Identification Signs - One (1) area identification sign
is permitted per street frontage, however said sign does not
exceed sixty four (64) square feet in area and twenty (20)
feet in height, and is not placed within ten (10) feet of any
street right-of-way.
Section 030-040: Mixed-Use District (M1)
Permitted Signs
A. Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
B. Canopy Signs - Signs on these structures are allowed as
long as the sign area does not exceed ten percent (10%) of
said wall area.
C. Ground Signs - One (1) ground sign is permitted per street
frontage; however, said sign does not exceed eight (8) feet
in height and thirty-two (32) feet in area.
DIVISION 35: Comprehensive Sian Plan Reauired
A comprehensive sign plan is required at the time of Planning and Zoning
Commission review of any proposed new commercial or industrial development.
Said 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 of Centerville.
Building permits and inspections are necessary as required by building and
electrical code. Fees for required permits or hearings shall be set by approved
annual resolution of the City Council.
Section 035-010: Application for Permit. Every application for a sign permit
must be accompanied by a plan drawn to scale and including the following:
A. The dimensions of the sign and where applicable the
dimensions of the wall surface of the building to which it is to
be attached.
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City of Centerville Ordinance #39
B. The maximum and minimum height of the sign.
C. The proposed location of the sign in relation to the
boundaries of the lot upon which it is to be situated.
D. The proposed location of the sign in relation to the
boundaries of the lot upon which it is to be situated.
E. If the sign is to be illuminated, the technical means by which
this is to be accomplished and the hours of illumination.
F. 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.
G. The name and address of the owner of the sign and the
address of the property where the sign is located.
H. Where a ground level sign is proposed with berming, a
diagram showing grade level and dimensions of the berm.
I. When a multi-tenant comprehensive sign plan is submitted,
the plan must include the location, size, height, color lighting
and orientation of ~ signs.
J. 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.
DIVISION 40: Adiustments and ADDeals
The commission of adjustments and appeals will be comprised by all members of
the Planning and Zoning Committee. The Planning and Zoning Committee will
hear and make recommendations to the City Council regarding:
A. 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
Ordinance.
B. Petitions for variances from the literal provIsions of this
Ordinance 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 ordinance.
Page 9 of 11
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City of Centerville Ordinance #39
DIVISION 45: Non-Conformina Sians
Section 045-010: Legal, Conforming. All signs existing as of the adoption date
of this ordinance conforming to the requirements of this ordinance and not
requiring a permit under the provisions of this ordinance, may be maintained so
long as the sign continues to comply with the provisions of this ordinance, as it
may from time to time be amended.
Section 045-020: Legal, Non-Conforming, Signs. All signs existing as of the
adoption date of this ordinance which would be prohibited by ordinance or which
would require a permit under this ordinance but have not received a permit, will
be deemed to be legal non-conforming signs. Legal non-conforming signs may
continue to exist without a permit and without constituting a violation of this
ordinance until one or more of the following occurs:
A. The sign is structurally altered (except for normal
maintenance) in a way that makes the sign less in
compliance with this ordinance than it was before the
alteration.
B. The sign is relocated to a position making it less in
compliance with this ordinance than it was before the
relocation.
C. The sign is replaced.
D. Any new primary sign is erected or placed in connection with
the enterprise using the legal non-conforming sign.
DIVISION 50: Enforcement
If a sign is in violation of this ordinance, or 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. In
the event of failure to comply with the notice within thirty (30) days, the Building
Official may remove the sign or cause such remedial work to be done. 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. If payment is not made within thirty (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. If a sign that has been
removed is not reclaimed and costs paid within thirty (30) days after its removal,
the sign may be sold or otherwise disposed of by the City. 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.
Page 10 of! I
.
Effective 05-01-01
City of Centerville Ordinance #39
DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day
following the second publication in the city's official newspaper.
(Sianature on File)
Tim Swedberg, Mayor
Attest:
(Sianature on File)
Jim March, City Administrator
Page II ofll
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE #
AN ORDINANCE AMENDING ORDINANCE #4,
DMSION 65: Accessory Uses and Structures
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
Section 1. Division 65, of the City ofCenterville Zoning Ordinance, Ordinance
#4, is hereby amended to read:
A No more than two (2) accessory structures are permitted on any Single-family, detached
dwelling parcel located in any district except R-I. Combined aggregate square footage for
accessory structures may not exceed two hundred (200) square feet or two percent (2%) of the lot
area whichever is greater, except in the M-I and R-4 District. No accessory structure may be
constructed on a parcel without a principal structure. Accessory structures must have a minimum
of a five (5) foot side setback and a ten (lO) foot rear setback, except in the M-I District where
the building code governs the setbacks. No structure may be placed in an easement, except by a
written permit appraved by the Council.
B. In case an accessory structure is attached to the main building, it shall be made structurally a
part of the main building and shall comply in all respects with the requirements of this Ordinance
applicable to the main building. An accessory building, unless attached to and made a part of the
main building, shall not be closer than six (6) feet to the main building, except as otherwise
provided in this section. The side walls ofan accessory building may not exceed ten (10) feet in
height. The total area of an attached accessory building (garage) shall be no greater than 1500
square feet per level. Swimming pools may exceed the size requirements for accessory
structures, bnt they can not exceed fifty (SO) percent of the rear yard.
C. Commercial uses in the M -1 District will follow the Commercial guidelines for percentage of
green space. For all other properties in the M -1 District, the maximum accessory structure
allowed is 704 square fect and 440 square feet in the R-4 District, neither to exceed the size of the
principal structure if an attached garage does not exist. If an attached garage exists, the maximum
accessory structure allowed is two (2) percent of the lot size or a maximum of 200 square feet.
Section 2. Effective Date. This Ordinance shall be effective immediately upon
its passage and publication according to law.
ADOPTED this _ day of
the City of Centerville.
,2005, by the City Council of
CITY OF CENTERVILLE
BY:
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
Draft 9-21-05
Bridge Guidelines
The following rules are for the erection of new private bridges in the City of Centerville.
All private bridges will conform to the following requirements.
All private bridges shall be considered a deck and require a zoning or building permit. A
bridge located in an easement will not be allowed unless it functions to provide the
property owner access to a part of his property not otherwise accessible and such access
is required for maintenance of the property. If the bridge is located within an easement,
the property owner shall sign an encroachment agreement with the City prior to the
erection of the bridge. No private bridge may span across any waterway without prior
approval from the City Council.
A condition of approval for a bridge in an easement is that the property owner shall
provide liability insurance in the amount of $1 million and naming the City Of
Centerville as an additional insured.
--------<_._-~----
A decorative bridge fs one that is less than 30"above t1iegrade-arid is exempt from the
permit requirements but is not permitted in an easement.
L__
Draft 2005-09-23
ENCROACHMENT AGREEMENT
AGREEMENT ("Agreement") made this _ day of , by and
between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and
("Landowner(s )").
RECITALS
A. Landowners own in fee as joint tenants the real property situated in Goodhue
County, Minnesota, legally described as follows ("Subject Property");
(Insert legal description)
B. Landowners' bridge (hereinafter "Structure") is located partially on the Subject
Property and partially within the City's easement. Landowners seek permission from the City to
encroach in the City's easement.
NOW, TIIEREFORE, IN CONSIDERATION OF TIIEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS;
1. The City hereby grants Landowners permission to encroach into the City's
easement to the extent indicated on the Certificate of Survey attached hereto as EXIllBIT "A".
2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver
of the City's interest in the easement.
1
3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to
defend, indemnify and hold the City harmless from all costs and expenses, claims and liability,
including attorney fees, relating to or arising out of the grant to Landowners of permission to
encroach into the City's easement [and Landowners will provide City with a Certificate of
Insurance indicating liability coverage of $1 million and naming City of Centerville as additional
insured). Landowners further agree to indemnify and hold the City harmless from any damage
caused to the Subject Property as a result of maintenance of the City's easement, including any
damage to the structure caused in whole or part by the encroachment into the City's easement.
4. The City does not warrant title or guarantee the continuing right of Landowners to
maintain the Structure in the City's easement.
5. Laiidownefs- mayuriot replace itie SfruCfure-iIi the CitY' Ii easemeriCif theStiiJcttite
is damaged to more than fifty percent (50%) of its fair market value, as measured immediately
prior to the damage.
6. The City may direct removal of the Structure, at the Landowners' sole cost and
expense, upon thirty (30) days written notice if the City determines that the Structure will
interfere with City's use of the easement.
7. This Agreement shall run with the land and shall be recorded against the title to
the Subject Property.
CITY OF CENTERVILLE
By:
Mary Capra, Mayor
By:
Teresa Bender, City Clerk
2
r-
LANDOWNERS
By:
By:
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of ,
. by Mary Capra and Teresa Bender, Mayor and City Clerk, respectively, of the City of
Centerville, a Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA
)
) ss.
COUNrYOF moti
The foregoing instrument was acknowledged before me this _ day of
. (insert single person, Imsband and wife or??).
Notary Public
DRAFTED BY CITY OF CENTERVILLE
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CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
OCTOBER 4, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on October 4, 2005, at 6:30 p. m.
PRESENT:
Chairperson Brian Hanson
Commissioner JeffHanzal
Commissioner Bob Wright
Commissioner Mark Pangell
Commissioner D. Love
Commissioner Tom Wood
t ,.ppr~
No
ABSENT:
Commissioner Jennefer Klennert Hunt
COUNCIL:
None
STAFF:
City Administrator,..fvfr' Larson
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:32 p.m.
II. APPEARANCES I PRESENTA TION(S)
None.
ill. PUBLIC HEARING(S)
None.
IV. OLD BUSINESS
1. Snowmobile Ordinance #17-A - (Update Sub-Committee)
Chair Hanson reopened the public hearing regarding Ordinance-#17A at 6:33 p.rn.
Commissioner Wright gave an overview of the items the ad hoc committee discussed.
He stated that the committee agreed that there were two areas where the current
ordinance could be "tightened" up. The first would be that there would be no continuous
Page 1 of7
Planning & Zoning Commission
Meeting Minutes
October 4, 2005
riding through neighborhoods, encouraging destination traffic and Point A to Point B
riding. The second issue would be banning studs within the City limits. Commissioner
Wright stated that they had also discussed reducing speed limits. Chair Hanson asked if
the snowmobilers present felt that reducing the speed limit would reduce the noise.
Michael Hillman of 7086 Progress Road stated that the noise would be reduced, however
there is a lot of noise generated when you rev up the throttle, for example, after you slow
down to make a curve, you rev up to get back up to speed.
Norma Essex of 7333 Old Mill Road stated that are a lot oftums on the creek and she
agrees that is where a lot of the noise comes from in speeding up to make the turns. Ms.
Essex stated that the creek is very close to the rear of many of the homes and wondered if
there could be a rule making them stay a certain number of feet away from homes in front
and back. She stated that kids just ride up and down the creek and even used a riding
lawnmower last year.
Commissioner Wright stated that the ad hoc committee talked a lot about the need to
educate the public and discussed options such as an insert with the water bill and articles
in local newspapers.
.. U Mi. Hillman stated that he feels id6f of the problems are with kids. He stated that he
doesn't let his children ride alone and has also had them attend safety classes. He stated
that these classes are now tied to driver's licenses, so if they get a ticket on the
snowmobiles, it goes on their driving record.
Commissioner Hanzal asked if the trail by the lake will be closed.
Commissioner Wright stated that is the plan and they had discussed the possibility of
getting access near the water department property. He stated that they discussed posting
information so people cannot plead ignorance of the rules. He stated that they had also
discussed creating maps for riders that, in addition to listing the rules, would also list
where local bars, gas stations and restaurants are located. He stated that there is a
possibility of the Community Service Officer helping with enforcement, although they
cannot stop riders, they can issue tickets.
Joel Swenson of 7006 Progress Road stated that he was on the ad hoc committee and they
had also discussed riders "self-policing" in that they could help make people aware of the
rules if they see them violating them.
Ms. Essex suggested getting the snowmobile club involved in monitoring certain areas of
the City.
Mr. Hillman stated that he supports destination riding because there is no reason to be
riding back and forth in the same area.
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Planning & Zoning Commission
Meeting Minutes
October 4, 2005
Tom Piersiak of 7096 Progress Road stated that there are other communities who have
police officers on snowmobiles with radar guns to ticket speeding machines.
Commissioner Love stated that he was concerned with the language of Point A to Point B
and fears that would restrict people from going to local businesses.
Chair Hanson stated that it is not the intent to restrict people from going to local
businesses just to eliminate riding back and forth with no destination in mind.
Ms. Essex again suggested working with the snowmobile club to pass out maps and
ordinance information.
Chair Hanson suggested that local businesses could also be involved in passing out
ordinance information.
City Administrator Larson stated his concern that this would default back to City staff
who does not have the time nor the resources to handle this effectively. He suggested
that there may be a way to have the snowmobile club take the lead in handing out
materials.
. nMike Schwitzer of 1822 73rd Street stated that he had taken the liberty of drafting an
easier to read ordinance for the Commission to consider.
Commissioner Hanzal asked if the ad hoc committee had come up with any idea for
funding the signs. He stated that the signs should be posted on the lakes for people
coming into the City.
Commissioner Pangell stated that the access points need to be defined because he was
confused about where people can get off the lake if they cannot use the church access
point.
Mr. Piersiak asked why the church access would be closed.
Commissioner Hanzal stated that it is private property and they are building a new
facility in the area as well.
The Commission discussed hours of operations for snowmobiles.
Commissioner Wood stated that he feels hours of operation should mirror the noise
ordinance.
Chair Hanson reviewed the .language in the noise ordinance, which has noise limits
between the hours of 10 p.m. and 7 a.m., seven days a week.
Commissioner Love stated that he feels longer hours on weekends are warranted. He
stated that if snowmobilers follow the speed limits, this should cut back on noise
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Planning & Zoning Commission
Meeting Minutes
October 4, 2005
concerns. He stated that he also feels the key will be having an enforcement strategy and
having "hot spots" monitored.
Chair Hanson stated that he feels we need to take steps to get the signs posted at the
mouth of the creek, Peltier Lake and Centerville Lake if that access will still be open this
year.
Commissioner Hanzal stated that the signs should have the speed limit, that studs are
banned and possibly a fine amount for not following the rules. He stated that he would
also like to see a summary of ordinance information posted at local businesses so they are
readily accessible to users.
Chair Hanson stated that Rice Creek publishes maps every year and suggested that we get
the information about speed limits and stud bans to them so they can include it in this
years map.
Commissioner Pangell suggested that this information we posted on our website also.
Motion bv Commissioner Pamzell. seconded bv Commissioner BanzaI. to close tbe
uu~~~!lublich~!!~IZ' All in fa!~~~l\I()tion car~,!e~~~anim(l~"~_~
Chair Hanson closed the public hearing at 7:22 p.m.
Motion bv Commissioner BanzaI. seconded bv Commissioner Love. to recommend
to City Council that the hours of ooeration for snowmobilers be 7:00 a.m. to 10:00
o.m.. Sunday throul!:h Thursdav and 7:00 a.m. to Midnil!:ht. Fridav and Saturday.
that studs will be banned in the City limits. that sil!:ns will be DoSted at stratCl!:ic
locations to reflect the sDeed limit of 10 moh for streets as well as waterways. that
snowmobilers should travel the most direct route to and from residences and
destinations to local establishments or trails. that there will be no continuous ridinl!:
throul!:h neil!:hborhoods. All in favor. motion carried unanimouslv.
Motion bv Commissioner BanzaI. seconded bv Commissioner Love. to recommend
to City Council that sil!:ns be Dlaced in the City at the mouth of the creek.. the
entrance from Peltier Lake. the exit from Peltier Lake onto Old Mill Road. the exit
from Centerville Lake to the trail near the church. and 20th on both the north and
south corners. that the sil!:ns will include the 10 moh sDeed. ban on studs and that
travel is allowed onlv on City streets/roadways. that informational oamohlets or
ordinance information be available at local businesses. that the snowmobile club
and the ad hoc subcommittee will work to raise funds for Day for sil!:Ual!:e and
Damohlets. that the ad hoc committee commit to an ol'2anized involvement in
DoIicinl!: the ordinance throul!:hont the City. that a recommendation be made to the
Rice Creek Trail System to include lanl!:ual!:e in their brochures about the 10 mDb
soeed limit. ridinl!: allowed on streets/roadways and stud bans for the City of
Centerville. All in favor. motion carried unanimouslv.
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Meeting Minutes
October 4, 2005
V. NEW BUSINESS
L Sedona Homes - Comprehensive Sign Plan (Centerville Office Park)
City Administrator Larson presented the sign plan requested by Sedona Homes for the
Centerville Office Park. He stated that this will be a two-phase project.
Paul Keleher, Project Manager explained that there will be a total of nine buildings with
two units in each for a total of 18 units. He stated that they would like to have business
names on freestanding signs for each phase that are 6 feet by 12 feet and each business
have an additional 2 feet by 2 feet sign by each front door. He stated that they would also
like to have an additional 2 feet by 2 feet sign on the rear door of the buildings that are on
20tb
Mr. Larson reminded Mr. Keleher that a 30-foot site line/visibility area would need to be
maintained from the freestanding sign.
Motion bv Commissioner Wood. seconded bv Commissioner Panl!:ell. to recommend
m that the Citv Council approve the sij!n plan,from Sedona Bomes which win include
two freestandinl!: sil!:ns as shown in plans (one for each phase of development)~ one 2
foot bv 2 foot sil!:n on each wall unit in both the front and the rear. and meetinl!: all
other proper souare footal!:e and setbacks as reouired. All in favor. motion carried
unanimouslv.
2. St. Genevieve Catholic Church - Petition for Variance
Tom Vollhauber, trustee at S1. Genevieve Catholic Church stated that there is a potential
issue with their property line which may be fifteen feet onto what is considered the
neighboring property. Mr. Vollhauber stated that they may need a variance depending on
where the property line is ultimately set. Mr. V ollhauber stated that a land title company
is examining the issue. He stated that they would like to move forward with their road
construction and bring in necessary fill before the weather will prohibit the project.
City Administrator Larson asked if Mr. Vollhauber considered this an urgent matter and
explained the process that would need to be followed to hold the public hearing on this
issue. He explained to Mr. Vollhauber that if the City moves forward in scheduling a
special meeting/public hearing, they would need extra finances from the church.
Motion bv Commissioner BanzaI. seconded bv Commissioner Wood. to recommend
schedulinl!: a special meetin2lpublic hearinl!: in three weeks. 6:30 p.m.. October 25.
2005. for the Petition for Variance from St. Genevieve's Catholic Church. if a
deposit is received bv Fridav. October 7. 2005 or the special meetimypublic hearinl!:
win be cancelled if thev do not meet their additional financial oblil!:ation. All in
favor. motion carried unanimouslv.
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Planning & Zoning Commission
Meeting Minutes
October 4, 2005
IV. OLD BUSINESS - continued...
2. Shoreland Ordinance - DNR Response
City Administrator Larson stated that in discussions with the DNR, CenterviIle is not
required to have shoreland preservation rules, however, he feels that it may be prudent for
the City to adapt some of the information from their provisions for the City.
Commissioner Hanzal asked what the benefit of adopting a more concise ordinance
would be.
City Administrator Larson stated that it would provide protection in the 75-foot setback
area. He stated that he feels the concise version could be rolled into the zoning ordinance
before the next meeting and then a public hearing can be scheduled after the November
meeting.
Commissioner Hanzal thanked City Administrator Larson for adapting the DNR
ordinance into a very concise, yet comprehensive plan that is readable by the "Average
Joe".
V. NEW BUSINESS - continued...
2. Consider Additional Re@lllations of Storage Structures. Storage Tents. PODS.
Storage Trailers. etc.
City Administrator Larson stated that some communities have adopted regulations to
control tent structures and storage PODS. City Administrator Larson stated that
Centerville has nothing specific in our ordinances that bans or limits these types of
structures other than for use in a construction project.
The Commission talked about prior discussions held that would limit all temporary, POD
type structures. There was a consensus of the Commission to discuss this at the January
Commission meeting.
City Administrator Larson stated that he will review this information in greater detail
before the January meeting.
VI. DISCUSSION ITEMS
Chair Hanson asked if the November Planning Commission would need to be
rescheduled because of Election Day.
City Administrator Larson stated that he will check into the schedule and let the
Commission know if rescheduling is needed.
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Planning & Zoning Commission
Meeting Minutes
October 4, 2005
VII. CONSIDERATION OF MINUTES
1. September 6. 2005 Planning and Zoning: Meeting: Minutes
Commissioner Love asked that his remarks on page 6 be changed to state, "how many
citation,s were written". He also stated that the page numbering system was incorrect.
Motion bv Commissioner Wril!ht. seconded bv Commissioner Panl!ell. to annrove
the Minutes of September 6. 2005. with the noted chanl!es. Chair Hanson and
Commissioners. Wril!ht. HanzaL Panl!ell and Love in favor. Commissioner Wood
abstained. Motion carried.
vm. ADJOURNMENT
Motion bv Commissioner Wood. seconded bv Commissioner Love to Adiourn the
October 4. 2005 PJanninl! Commission Meeonl! at 9:03 n.m. All in favor. Motion
carried unanimouslv.
Transctibed by: .
Kayla Atkins Rokosz, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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