city ordinances – chapter 11 continued

SEC. 11.45. "R-3" TRADTIONAL RESIDENTIAL SINGLE AND TWO FAMILY DISTRICT

SEC. 11.45. “R-3” TRADTIONAL RESIDENTIAL SINGLE AND TWO FAMILY DISTRICT

Subd. 1. Purpose. The purpose of the “R3” Transitional Residential Single and Two Family District is to provide for low to moderate density one and two unit dwellings and directly related, complementary uses in the traditional residential areas of Buffalo, particularly near and around the downtown area.

Subd. 2. Permitted Uses. The following are permitted uses in an “R3” District:

A. All permitted uses as provided for in the “R2” District.
B. Two family dwelling units.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R3” District:

A. All permitted accessory uses as allowed in an “R2” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “R3” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. All conditional uses, subject to the same conditions as in an “R2” District.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “R3” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area:

1. Single Family: Eight thousand (8,000) square feet.
2. Two Family: Ten thousand five hundred (10,500) square feet.

B. Lot Width:

1. Single Family: Sixty (60) feet.
2. Two Family: Eighty (80) feet.

C. Setbacks:

1. Front Yards:
Not less than twenty (20) feet.
2. Side Yards: Not less than five (5) feet from each adjacent lot, nor less than fifteen (15) feet on the side yard abutting a public rightofway.
3. Rear Yards: Thirty (30) feet for principal buildings, and Five (5) feet for accessory buildings. Garages on alleys shall comply with the requirements of Section 11.19 of this Chapter.

D. Impervious Surface: No more than forty-five (45) percent.

SEC. 11.46. "R-4" RESIDENTIAL TOWNHOUSE, QUADRAMINIUM AND LOW DENSITY MULTIPLE FAMILY DISTRICT

SECTION 11.46. “R4” RESIDENTIAL TOWNHOUSE, QUADRAMINIUM AND LOW DENSITY MULTIPLE FAMILY DISTRICT

Subd. 1. Purpose. The purpose of the “R4” Residential Townhouse, Quadraminium and Low Density Multiple Family District is to provide for low to moderate density through the mixture of one and two unit and medium density dwellings and directly related, complementary uses.

Subd. 2. Permitted Uses. The following are permitted uses in an “R4” District:

A. Two family dwellings.
B. Threeplex and fourplex multiple family units.
C. Townhouses and quadraminiums.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R4” District, as may be regulated in Sections 11.17, 11.18, and 11.19 of this Chapter:

A. Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks not to exceed a gross weight of twelve thousand (12,000) pounds, as regulated by Section 11.19, Subd. 4.F of this Chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. Such garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit. Such garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit.

B. Double bungalows, quadraminium and townhouse units which do not meet the minimum first floor area requirements as defined in Section 11.18, Subd. 6, subject to the following conditions being met:

1. The units are otherwise permitted uses in the district.
2. The units are designed so as to provide for, at minimum, a total of one hundred thirty (130) percent of the area prescribed in Section 11.18, Subd. 6, on more than one floor or level.
3. The units may not be further subdivided.
4. The units meet all local building codes and FHA construction guidelines.
5. Compliance with procedural requirements for Conditional Uses, Section 11.07.

C. Recreational vehicles and equipment.

D. Noncommercial greenhouses and conservatories.

E. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

F. Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

G. Boarding or renting of rooms to not more than one person.

Subd. 4. Conditional Uses. The following are conditional uses in an “R4” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. All conditional uses subject to the same conditions as allowed in an “R3” District with the exception of Accessory Apartments.

B. Single Family dwellings as part of a townhouse plat and association developed as a Planned Unit Development.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “R4” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.
2. Side Yards: Not less than ten (10) feet from each adjacent lot, nor less than twenty (20) feet on the side yard abutting a public rightofway.
3. Rear Yards: Thirty (30) feet.

D. Impervious Surface: No more than forty-five (45) percent.

SECTION 11.47. "R5" SUBURBAN RESIDENTIAL MULTIPLE FAMILY DISTRICT

SECTION 11.47. “R5” SUBURBAN RESIDENTIAL MULTIPLE FAMILY DISTRICT

Subd. 1. Purpose. The purpose of the “R5” Suburban Residential Multiple Family District is to provide for high density housing in multiple family structures and complementary uses. The “R-5” District is intended to encourage high-quality and high-amenity multiple family development in appropriate locations around the community with exposure and access to major roadways and commercial facilities.

Subd. 2. Permitted Uses. The following are permitted uses in an “R5” District:

A. Multiple family dwelling structures.
B. Public and private parks and playgrounds.
C. Essential services.
D. Multiple family dwelling structures containing eight or less dwelling units.
E. Public parks and playgrounds.
F. Essential services.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R5” District:

A. All permitted accessory uses allowed in an “R4” District.
B. Offstreet loading.

Subd. 4. Conditional Uses. The following are conditional uses in an “R5” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. Residential Planned Unit Developments.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “R5” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Two (2) acres.

B. Lot Width: Two hundred (200) feet.

C. Setbacks:

1. Front Yards: Not less than seventy (70) feet.

2. Side Yards: Not less than forty (40) feet on any one side yard nor less than seventy (70) feet on the side yard abutting a public rightofway.

3. Rear Yards: Thirty (30) feet.

D. Impervious Surface: Thirty-Five (35) percent.

Subd. 6. Additional Development Standards in the “R-5” District.

A. Parking Areas:
1.
 No Front Yard shall be occupied by parking areas that cover more than fifty (50) percent of the space between the street and the front building line.
2.  Parking and circulation lanes shall be set back from the street no less than twenty-five (25) feet.
3. Parking spaces accessory to the building shall include no fewer than one covered space per dwelling unit.
4. Parking areas accessory to the building shall include no more than 1.1 open, uncovered parking spaces per unit.

B. Landscaping:

1. Required landscaping shall include no fewer than one (1) overstory tree per each forty (40) feet of perimeter lot line, plus one (1) ornamental tree for each three thousand (3,000) square feet of gross lot area, plus one (1) shrub per each five hundred (500) square feet of gross lot area.
2. Landscaping shall focus on the space between the buildings and the public street to present a park-like appearance from neighboring areas.
3. Where the property abuts residential areas of lesser density zoning, the project shall include a landscaping buffer that screens parking and circulation areas from view.

C. Building Architecture:

1. Buildings shall incorporate extensive use of stone and brick in the design.
2. Buildings shall incorporate substantial variation in the roof line to avoid the impression of a large monolithic structure, including variation in roof ridge lines, gables, and similar features.
3. Buildings shall incorporate extensive variation in the plane of all walls, utilizing articulation in wall location, balconies, and other features.

SECTION 11.48. "R6" DOWNTOWN RESIDENTIAL HIGH DENSITY MULTIPLE FAMILY DISTRICT

SECTION 11.48. “R6” DOWNTOWN RESIDENTIAL HIGH DENSITY MULTIPLE FAMILY DISTRICT

Subd. 1. Purpose. The purpose of the “R6” Downtown Residential High Density Multiple Family District is to provide for high density residential uses, and directly related uses, in and around the Central Business District, in support of the traditional commercial areas.

Subd. 2. Permitted Uses. The following are permitted uses in an “R6” District:

A. All permitted uses allowed in an “R5” District.
B. Multiple family dwelling structures containing more than eight dwelling units.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R6” District:

A. All accessory uses as allowed in an “R5” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “R6” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. All conditional uses subject to the same conditions as allowed in an “R5” District.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “R6” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:
1. Front Yards:
Thirty (30) feet.
2. Side Yards: Not less than fifteen (15) feet on any one side, nor less than thirty (30) feet on the side yard abutting the major street.
3. Rear Yards: Thirty (30) feet.

D. Impervious Surface: Seventy-five (75) percent.

SEC. 11.49. "R7" RESIDENTIAL SPECIAL PURPOSE, HIGH DENSITY ZONING DISTRICT.

SECTION 11.49. “R7” RESIDENTIAL SPECIAL PURPOSE, HIGH DENSITY ZONING DISTRICT.

Subd. 1. Purpose. The “R7” Residential Special Purpose High Density Zoning District is intended to provide a district for high density multiple family housing and special purpose residential dwellings.

Subd. 2. Permitted Uses. The following are permitted uses in an “R7” District:

A. All permitted uses allowed within an “R6” District.

Subd. 3. Accessory Uses. The following are permitted accessory uses within an “R7” District:

A. All permitted accessory uses allowed within an “R6” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “R7” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. All conditional uses, subject to the same conditions, as allowed in an “R6” District, except:

1. Single family detached dwellings.

B. Nursing homes and similar group housing, but not including hospitals, sanitariums or similar institutions, provided that:

1. Provision be made on the site for adequate open space and recreational areas to properly serve the residences of the facility as determined by the Council.

2. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 11.17, Subd. 7 of this Chapter.

3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

4. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

5. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

6. Adequate offstreet parking is provided in compliance with Section 11.19 of this Chapter.

7. One offstreet loading space in compliance with Section 11.20 of this Chapter is provided.

8. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

9. Side yards shall be screened in compliance with Section 11.17, Subd. 7 of this Chapter.

C. Elderly (senior citizen) housing, provided that:

1. Not more than ten (10) percent of the occupants may be persons fifty-five (55) years of age or under.

2. To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the City Administrator and the Zoning Administrator a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty years of age or under to qualified tenants, or to the building.

3. There is adequate offstreet parking in compliance with Section 11.19 of this Chapter.

4. One offstreet loading space in compliance with Section 11.20 of this Chapter.

5. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

6. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

7. The principal use structure is in compliance with the Minnesota State Uniform Building Code.

8. Elevator service is provided to each floor level above ground floor.

9. Usable open space as defined in Section 11.02 of this Chapter at a minimum is equal to twenty (20) percent of the gross lot area.

10. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

D. Apartment Density Bonus. Except for elderly housing, a maximum of twentyfive (25) percent reduction in square feet of lot area per unit for multiple family dwellings of ten units or more as required in Section 11.18, Subd. 6.B of this Chapter based upon the following bonus features and square foot reductions:

 

Bonus Feature

Square Foot
Reduction Per Unit
Type two construction 125
Elevator serving each floor 75
Twothirds of the required fee free parking underground or within the principal structure (not including attached or detached garages) 175
Indoor recreation and social rooms equal to 25 square feet per unit or 750 square feet total, whichever is greater 50
Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment equaling at minimum 5 percent of the      construction cost of the principal structure 75

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “R7” District subject to additional requirements, exceptions and modifications set forth in this Chapter:

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards: Not less than fifteen (15) feet on any one side, nor less than thirty (30) feet on the side yard abutting the major street.

3. Rear Yards: Thirty (30) feet.

D. Impervious Surface: Seventy-five (75) percent.

SEC. 11.50. "RMH" MANUFACTURED HOUSING RESIDENTIAL DISTRICT.

SECTION 11.50. “RMH” MANUFACTURED HOUSING RESIDENTIAL DISTRICT.

Subd. 1. Purpose. The purpose of an “RMH” Manufactured Housing Residential District is to provide a separate district for manufactured housing parks, distinct from other residential areas.

Subd. 2. Permitted Uses. The following uses are permitted uses in an “RMH” District:

A. Single family detached manufactured housing units.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “RMH” District:

A. Any accessory use permitted in an “R2” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “RMH” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. All conditional uses, subject to the same conditions, as allowed in an “R2” District, except farm buildings.

Subd. 5. Design/Operational Standards for Manufactured Housing.

A. General Provisions.

1. All land area shall be:

(a) adequately drained;
(b) landscaped to control dust;
(c) clean and free from refuse, garbage, rubbish or debris.

2. No tents shall be used for other than recreational purposes in a manufactured housing park.

3. There shall not be outdoor camping anywhere in a manufactured housing park.

4. Access to manufactured housing parks shall be as approved by the City.

5. All structures (fences, storage, cabana, etc.) shall require a building permit from the Building Official.

6. The area beneath a manufactured housing unit shall be enclosed except that such enclosure must have access for inspection.

7. Laundry and clothing shall be hung out to dry only on lines located in City approved areas established and maintained exclusively for that purpose, as identified on the manufactured housing park site plan.

8. A manufactured housing park shall have an adequate central community building with the following features:

(a) laundry drying areas and machines;
(b) laundry washing machines;
(c) public toilets and lavatories;
(d) storm shelter.

Such buildings shall have adequate heating in all areas and be maintained in a safe, clean and sanitary condition.

B. Site Plan Requirements.

1. Legal description and size in square feet of the proposed manufactured housing park.

2. Location and size of all manufactured housing unit sites, dead storage areas, recreation areas, laundry drying areas, roadways, parking sites, and all setback dimensions (parking spaces, exact mobile home sites, etc.)

3. Detailed landscaping plans and specifications.

4. Location and width of sidewalks.

5. Plans for sanitary sewage disposal, surface drainage, water systems, underground electrical service and gas service.

6. Location and size of all streets abutting the manufactured housing park and all driveways from such streets to the manufactured housing park.

7. Road construction plans and specifications.

8. Plans for any and all structures.

9. Such other information as required or implied by these manufactured park standards or requested by public officials.

10. Name and address of developer or developers.

11. Description of the method of disposing of garbage and refuse.

12. Detailed description of maintenance procedures and grounds supervision.

13. Details as to whether all of the area will be developed a portion at a time.

C. Design Standards.

1. Park Size. The minimum area required for a manufactured housing park designation shall be five (5) acres.

2. Individual manufactured housing site (homes fourteen [14] feet wide or less).
(a) Each manufactured housing site shall contain at least five thousand (5,000) square feet of land area for the exclusive use of the occupant:
Width: No less than fifty (50) feet.
Depth: No less than one hundred (100) feet.
(b) Each manufactured housing site shall have frontage on an approved roadway and the corner of each manufactured home shall be marked and each site shall be numbered:

3. Individual home sites (homes in excess of fourteen [14] feet, but less than eighteen [18] feet in width).
(a) Each manufactured housing site shall contain at least six thousand fifty (6,050) square feet of land area for the exclusive use of the occupants:
Width: No less than fiftyfive (55) feet.
Depth: No less than one hundred ten (110) feet.
(b) Each manufactured housing site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

4. Individual manufactured housing sites (homes over eighteen [18] feet in width).
(a) Each manufactured housing site shall contain at least six thousand five hundred (6,500) square feet of land area for the exclusive use of the occupant:
Width: No less than sixtyfive (65) feet.
Depth: No less than one hundred (100) feet.
(b) Each manufactured housing site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

5. Individual manufactured housing unit site setbacks.
(a) In manufactured housing parks existing prior to January 1, 1985, no unit shall be parked closer than ten (10) feet to its side lot lines nor closer than twenty (20) feet to its front lot line or within ten (10) feet of the rear lot line.
(b) In manufactured housing parks created after January 1, 1985, no unit shall be parked closer than ten (10) feet to its side lot lines nor closer than thirty (30) feet to its front lot line, or within ten (10) feet of its rear lot line.

6. Building Requirements.
(a) No principal structure shall exceed one story or twentyfive (25) feet, whichever is least.
(b) No accessory structure shall exceed fifteen (15) feet in height.
(c) The unit structure is in compliance with The Guidelines For Manufactured Housing Installation, International Conference of Building Officials, 1983, as may be amended.

7. Parking.
(a) Each manufactured housing site shall have offstreet parking space for two automobiles.
(b) Each manufactured housing park shall maintain additional hard surfaced offstreet parking lot(s) for guests of occupants in the amount of one space for each five sites.
(c) Access drives off roads to all parking spaces and unit sites shall be hard surfaced according to specifications established by the City.

8. Utilities.
(a)
All manufactured housing units shall be connected to a public water and sanitary sewer system or a private water and sewer system approved by the State Department of Health.
(b) All installations for disposal of surface storm water must be approved by the City.
(c) All utility connections shall be as approved by the City.
(d) The source of fuel for cooking, heating or other purposes at each manufactured housing site shall be as approved by the City.
(e) All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes.
(f) No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile home equipment.
(g) The method of garbage, waste and trash disposal must be approved by the City.
(h) The owner shall pay any required sewer connection fees to the City.
(i) The owner shall pay inspection and testing fees for utility service to the City.
(j) Facilities for fire protection shall be installed as required by the City.

9. Internal Roads and Streets.
(a) Roads shall be surfaced as approved by the City.
(b) All roads shall have a concrete (mountable, roll type) curb and gutter.
(c) All streets shall be developed with a roadbed of not less than twentyfour (24) feet in width. If parking is permitted on the street then the roadbed shall be at least thirtysix (36) feet in width. To qualify for the lesser sized street, adequate offstreet parking must be provided.
(d) The park shall have a street lighting plan approved by the City.

10. Recreation.
(a) All manufactured housing courts shall have at least ten (10) percent of the land area developed for recreational use (tennis courts, children’s play equipment, swimming pool, golf green, etc.) developed and maintained at the owner/operator’s expense.
(b) In lieu of land dedication for public park purposes, a cash contribution as established by City Code, Chapter 12, as may be amended, shall be paid to the City.

11. Landscaping.
(a)
Each site shall be properly landscaped with trees, hedges, grass, fences, windbreaks and the like.
(b) A compact hedge, redwood fence or landscaped area shall be installed around each manufactured home park and be maintained in first class condition at all times as approved.
(c) All areas shall be landscaped in accordance with landscaping plan approved by the Council.

12. Lighting.
(a)
Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment and the like.
(b) The manufactured housing park grounds shall be lighted as approved by the City from sunset to sunrise.

13. Storage.
(a)
Enclosed storage lockers (when provided) shall be located either adjacent to the manufactured home in a manufactured housing park or at such other place in the park as to be convenient to the unit for which it is provided.
(b) Storage of large items such as boats, boat trailers, etc., shall be accommodated in a separate secured and screened area of the park.

14. General. For those items not specifically referenced, the design standards as established by City Code, Chapter 12, as may be amended shall be utilized as for general development guidelines.

Subd. 6. Registration.

A. It shall be the duty of the operator of the manufactured housing park to keep a record of all homeowners and occupants located within the park. The register shall contain the following information:

1. The name and address of each unit occupant.
2. The name and address of the owner of each unit.
3. The make, model and year of the unit.
4. The state, territory or county issuing such license.
5. The date of arrival and departure of each unit.
6. The number and type of motor vehicles of residents in the park.

B. The park operator shall keep the register available for inspection at all times by authorized City, State and County officials, public health officials and other public offices whose duty necessitates acquisition of the information contained in the register. The register shall not be destroyed until after a period of three (3) years following the date of departure of the registrant from the park.

Subd. 7. Maintenance. The operator of any manufactured housing park, or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the park, its facilities and equipment, in a clean, orderly, operable and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject.

Subd. 8. Review Procedures. All informational elements as required in Subdivision 5.B of this Section shall be submitted to the City in accordance with the normal time schedule outlined for zoning district amendments, whether or not the proposal requires a rezoning. Proposals for manufactured housing park expansions on properly zoned land shall be reviewed for compliance with the applicable standards and requirements contained in Subdivision 5 of this Section by all designated and official City review bodies.

SEC. 11.51. "RB" RESIDENTIAL-BUSINESS TRANSITION DISTRICT.

SECTION 11.51. “RB” RESIDENTIAL-BUSINESS TRANSITION DISTRICT.

Subd. 1. Purpose. The purpose of the “RB” ResidentialBusiness District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses.

Subd. 2. Permitted Uses. The following are permitted uses in an “RB” District.

A. All permitted uses allowed in an “R7” District.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “RB” District.

A. All permitted accessory uses as allowed in an “R7” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “RB” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. All conditional uses, subject to the same conditions as allowed in an “R7” District.

B. Hospitals, medical offices and clinics, dental offices and clinics, professional offices and commercial offices, veterinary clinics (not including outside kennels) and funeral homes and mortuaries, provided that:

1. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

2. Adequate offstreet parking is provided in compliance with Section 11.19 of this Chapter.

3. Adequate offstreet loading is provided in compliance with Section 11.20 of this Chapter.

4. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

5. When abutting an “R1” or “R2” District, a buffer area with screening and landscaping in compliance with Section 11.17, Subd. 7 of this Chapter shall be provided.

6. All signing and information or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

7. The provisions of Section 11.17, Subd. 2.D of this Chapter are considered and satisfactorily met.

C. Retail commercial activities, provided that:

1. Merchandise is sold at retail.

2. The retail activity is located within a structure whose principal use is not commercial sales.

3. The retail activity shall not occupy more than fifteen (15) percent of the gross floor area of the building.

4. No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building.

5. No signs or posters of any type advertising products for sale shall be located on the outside of the building.

6. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

D. Buildings combining residential and non- residential uses allowed in this District, provided that:

1. Residential and nonresidential uses shall not be contained on the same floor.

2. The residential and nonresidential uses shall not conflict in any manner.

3. The residential building standards as outlined in this Section are met.

4. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “RB” District, subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards: Not less than fifteen (15) feet on any one side, nor less than thirty (30) feet on the side yard abutting the major street.

3. Rear Yards: Thirty (30) feet.

SEC. 11.52. R-A RURAL RESIDENTIAL TRANSITION DISTRICT.

SEC. 11.52. “R-A” RURAL RESIDENTIAL TRANSITION DISTRICT.

Subd. 1. Purpose. The purpose of the “R‑A” Rural Residential Transition District is to provide for a low density residential district in areas which are not yet capable of providing a full range of public utilities and services.  In addition, this district will provide for and control the future development of such areas as they change from predominantly rural to predominantly urban in character, including the eventual timing of utility service extensions.  This district is to be applied strictly in those areas which are expected to develop in an urban pattern and is not appropriate for permanent remote large lot rural residential development.

Subd. 2. Permitted Uses. The following are permitted uses in an “R A” District.

A. Single family detached dwellings in compliance with this Chapter.

B. Public parks, trails and playgrounds.

C. Essential services.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “R A” District.

A. Accessory uses as listed in the “R R” District.

Subd. 4. Conditional Uses. he following are conditional uses in an “R A” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. Conditional uses as listed in the “R R” District.

B. Single family detached dwellings which vary from the setback requirements of this district.

Subd. 5. Lot Requirements, Standards, and Setbacks. The following minimum requirements shall be observed in an “R A” District, subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Sixty thousand (60,000) square feet, unsewered.

B. Lot Width: Interior: One hundred eighty (180) feet at the front setback lines.
Corner: Two hundred (200) feet at the front setback line.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2a. Side Yards for lots of no more than two hundred fifty (250) feet in width:

(i) Interior. Not less than fifteen (15) feet on one side nor less than one hundred (100) feet on the other side yard.

(ii) Corner. Not less than thirty (30) feet on the side abutting a street and one hundred (100) feet on the interior side, or not less than fifteen (15) feet on the interior side and not less than one hundred ten (110) feet on the side abutting a street.

2b. Side yards for lots of more than two hundred fifty (250) feet in width:

(i) Interior. Not less than fifteen (15) feet on one side and one hundred eighty (180) feet on the other side.

(ii) Corner. Not less than thirty (30) feet on the side abutting a street and one hundred eighty (180) feet on the interior side, or not less than fifteen (15) feet on the interior side and one hundred ninety (190) feet on the side abutting a street.

3. Rear Yards. Not less than thirty (30) feet where the lot depth is equal to or less than two hundred eighty (280) feet and not less than one hundred eighty (180) feet where the lot depth is greater than two hundred eighty (280) feet.

Subd. 6. Special District Requirements.

A. Sanitary Requirements.

1. Upon establishment of any “R A” District and platting of lots in that district, a report from a certified soils engineer must be submitted by the developer to the City documenting the maximum number of single family private sanitary systems the soils on the site can accommodate in compliance with State and local health regulations. The number of lots platted in this district may at no time exceed the quantity specified in such a report. Regardless of the findings of this report, however, in no case shall the minimum lot sizes be reduced in any subdivision.

2. All dwellings constructed in the “R A” District shall be required to be built so as to facilitate the future connection to the public sanitary sewer and water. Upon the availability of public utility services such as sanitary sewer and water, all existing dwelling units shall have 12 months from the date of availability to connect to said public utility service(s). All dwellings constructed after utility service(s) are made available must connect at the time of dwelling unit construction.

B. Subdivision Requirements. As the “R A” District is intended to facilitate the transition of rural land to urban densities, all subdivisions must be designed to facilitate future re subdivisions. Such a re subdivision plan must be included with the preliminary plat application. Where the re subdivision plan includes the construction of future streets, said streets must be platted as street easements at the time of the original plat filing. In order to assure a full disclosure of the requirement for connection to public utilities, a covenant shall be added to the deed for any lot in such a subdivision describing the connection requirements. Any re subdivision must comply with the performance standards of the zoning district. The intent of the “R A” District is to provide for the eventual rezoning and re subdivision of the “R A” development.

SEC. 11.61. "B-2" LIMITED BUSINESS DISTRICT.

SEC. 11.61. “B-2” LIMITED BUSINESS DISTRICT.

Subd. 1. Purpose. The purpose of the “B‑2” Limited Business District is to provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished.  The uses allowed in this district are to provide goods and services on a limited community market scale and are to be located only in areas which are well served by collector or arterial street facilities at the edge of residential districts.

Subd. 2. Permitted Uses. The following are permitted uses in a “B 2” District:

A. Art and school supplies.
B. Bakery goods and baking of goods for retail sales on the premises.
C. Bank, savings and loan, savings credit unions and other financial institutions.
D. Bicycle sales and repair.
E. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks.
F. Camera and photographic supplies.
G. Delicatessen.
H. Dry cleaning pick up and laundry pick up stations including incidental repair and assembly but not including processing.
I. Drugstore.
J. Florist shop.
K. Frozen food store but not including a locker plant.
L. Gift or novelty store.
M. Grocery, fruit or vegetable store but not including sales from movable, motorized vehicles.
N. Grocery, supermarket.
O. Hardware store.
P. Hobby store, including handicraft classes but not to exceed fifteen (15) students.
Q. Ice sales with storage not to exceed five (5) tons.
R. Insurance sales.
S. Liquor, off sale.
T. Locksmith.
U. Meat market but not including processing for a locker plant.
V. Medical and dental offices and clinics.
W. Paint and wallpaper sales.
X. Plumbing, television, radio, electrical sales and such repair as are accessory use to the retail establishments permitted within this district.
Y. Public utility collection offices.
Z. Public garage.
AA. Real estate sales.
BB. Shoe repair.

Subd. 3. Permitted Accessory Uses. The following are permitted accessory uses in a “B 2” District:

A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use.

B. Off-street parking as regulated by Section 11.19 of this Chapter, but not including semi-trailer trucks.

C. Off-street loading as regulated by Section 11.20 of this Chapter.

D. Adult uses – accessory, as regulated by Section 11.34 of this Chapter.

Subd. 4. Conditional Uses. The following are conditional uses allowed in a “B 2” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. Commercial planned unit development as regulated by Section 11.10 of this Chapter.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B 2” District, subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards: Not less than ten (10) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street.

3. Rear Yards: Twenty (20) feet.

SEC. 11.62. "B-3" HIGHWAY COMMERCIAL DISTRICT.

SEC. 11.62.  “B-3”  HIGHWAY COMMERCIAL DISTRICT.

Subd. 1.  Purpose.  The purpose of the “B‑3” Highway Commercial District is to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial and service activities.

Subd. 2. Permitted Uses. The following are permitted uses in a “B 3” District:

A. All permitted uses as allowed in the “B l” District.
B. Auto accessory store.
C. Motor vehicle and recreation equipment sales, uses, structures and outdoor sales and storage accessory thereto.
D. Commercial recreational uses.
E. Motels, motor hotels and hotels, provided that the lot area contains not less than five hundred (500) square feet of lot area per unit.
F. Restaurants, cafes, on and off sale liquor.
G. Private clubs or lodges serving food and beverages.
H. Adult uses principal, as regulated by Section 11.34 of this Chapter.
I. Dog kennels.

Subd. 3. Accessory Uses. The following are permitted accessory uses in a “B 3” District:

A. All permitted accessory uses as allowed in a “B 2” District.
B. Semi truck parking.

Subd. 4. Conditional Uses. The following are conditional uses in a “B 3” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.

A. Drive through and convenience food establishments, provided that:

1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 11.17, Subd. 7 of this Chapter.

3. Each light standard island and all islands in the parking lot landscaped or covered.

4. Parking areas shall be screened from view of abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

5. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade.

6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 11.19 of this Chapter and shall be subject to the approval of the City Engineer and the City Planner.

7. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

8. The entire area shall have a drainage system which is subject to the approval of the City Engineer.

9. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer.

10. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

11. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

B. Commercial car washes (drive-through, mechanical and self service), provided that:

1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence.

2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer and City Planner.

3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 11.17, Subd. 7 of this Chapter.

4. Each light standard island and all islands in the parking lot landscaped or covered.

5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

6. The entire area other than occupied by the building or planting shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer.

7. The entire area shall have a drainage system which is subject to the approval of the City.

8. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer and City Planner.

10. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

11. Provisions are made to control and reduce noise.

12. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

C. Gas station, auto repair minor and tire and battery stores and service, provided that:

1. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

3. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer.

4. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred (150) feet.

5. A drainage system subject to the approval of the City Engineer shall be installed.

6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas.

7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

8. Wherever fuel pumps are to be installed, pump islands shall be installed.

9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 11.17, Subd. 7 of this Chapter.

10. Each light standard landscaped.

11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 11.19 of this Chapter and shall be subject to the approval of the City Engineer.

13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the provisions of the City Code relating to signs.

14. Provisions are made to control and reduce noise.

15. No outside storage except as allowed in compliance with Section 11.17 of this Chapter.

16. Sale of products other than those specifically mentioned in this Subdivision be subject to a conditional use permit and be in compliance with Subparagraph F of this Subdivision.

17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.

18. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

D. Convenience Store With Gasoline. Grocery and/or food operations, with convenience gas (no vehicle service or repair), provided that:

1. Permitted Uses. The retail sales involve uses or activities which are allowed in a B 2 or B 3 District.

2. Take Out Food. Convenience/deli food is of the take out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the gross floor area.

3. Sanitation. That any sale of food items is subject to the approval of the Health Inspector who shall provide specific written sanitary requirements for each proposed sale location based upon applicable State and County Regulations.

4. Licenses. That the non automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the conditional use permit.

5. Area. That the approximate area and location devoted to non automotive merchandise sales shall be specified in general terms in the application and in the conditional use permit. Exterior sales shall be subject to a separate conditional use permit.

6. Hours of Operation. The hours of operation shall be limited to 6:00 A.M. to 12:00 P.M., unless extended by the Council.

7. Motor Fuel Facilities. Motor fuel facilities are installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

8. Canopy. A protective canopy located over pump island may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. Canopy signs shall be calculated as a part of the maximum sign area for the property.

9. Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides
of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment.

10. Dust Control and Drainage. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City.

11. Area. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. The Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities.

12. Curb Separation. A continuous and permanent concrete curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicles areas.

13. Landscaping. At the boundaries of the lot, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 11.17 of this Chapter.

14. Light Standards Landscaped. Each light standard shall be landscaped.

15. Access. Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City.

16. Pedestrian Traffic. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.

17. Noise. Noise control shall be as required in noise control provisions of this Chapter.

18. Outside Storage. No outside storage except as allowed in compliance with Section 11.17. An enclosed screened area is to be provided for rubbish and dumpsters.

19. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

E. Open or outdoor service, sale and rental other than those specified as a principal use in this district, provided that:

1. Outside services, sales and equipment rental connected with the principal use is limited to fifty (50) percent of the gross floor area of the principal use.

2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting “R” District in compliance with Section 11.17, Subd. 7 of this Chapter.

3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

4. Sales area is grassed or surfaced to control dust.

5. The use does not take up parking space as required for conformity to this Chapter.

6. The provisions of Section 11.17, Subd. 2.D of this Chapter are considered and satisfactorily met.

F. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this Section, provided that:

1. Such use is allowed as a permitted use in a “B 2” District.

2. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use.

3. Adequate off street parking and off street loading in compliance with the requirements of Sections 11.19 and 11.20 of this Chapter is provided.

4. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

5. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

G. Commercial uses allowed as a permitted use within the “B 2” District, provided that:

1. The type of activity complies with the intent of this Zoning District and the objectives of the Comprehensive Plan.

2. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

H. Retail or wholesale trade conducted by auction, provided each of the following conditions are met:

1. All sales shall be held indoors unless a separate conditional use permit is obtained to allow outdoor sales.

2. The use is compatible with the surrounding, existing and future land uses of the area.

3. There will be no outdoor storage except as allowed in compliance with Section 11.17 of this Chapter. An enclosed, fully screened area is to be provided for rubbish and dumpsters.

4. Noise control shall be as required in noise control provisions of this Chapter.

5. Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City.

6. The site shall be landscaped in conformance with Section 11.17 of this Chapter.

7. Parking and loading requirements must be reviewed and comply with Section 11.19.

8. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in conformance with Section 11.17, Subd. 9 of this Chapter.

9. The entire area shall have a drainage system which is subject to the approval of the City Engineer.

10. There shall be no food or perishable items available for auction at the site unless adequate refrigeration is on site and food handling license is obtained and the equipment is approved by the State Health Inspector.

11. All conditions pertaining to a specific site area subject to change when the Council, upon investigation in relation to a formal request, finds that general welfare and public betterment can be served as well or better by modifying the conditions.

12. All signage shall be in conformance with the sign regulation provisions of the City Code.

13. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

I. Livestock Auction Sales as a principal or accessory use in the B 3 District, provided that:

l. The use is not an animal feedlot operation.

2. All State and/or Federal permits shall be obtained and on file with the City.

3. The use shall be in conformance with the required yard setback.

4. The site shall have access to a major thoroughfare street.

5. If the activity is a principal use, it shall be fully screened from the highway in conformance with Section 11.17 of this Chapter.

6. There shall be no permanent signage on the site or in the City indicating the use.

7. All temporary signs shall be in conformance with provisions of the City Code relating to signs.

8. All provisions of Section 11.62, Subd. 4.H of this Chapter are considered and satisfactorily met.

9. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

J. Outdoor display of agricultural equipment and materials for retail sale, or outdoor display of equipment for rent as an accessory use in the “B-3” District, provided that:

1. The use must occupy not more than ten (10) percent of the front yard of the lot on which the principal building is located.

2. Any such use must not take up parking space as required by this Chapter.

3. Any such use in the front yard must be paved.

4. The maximum total amount of outdoor display and storage must occupy no more than one hundred fifty (150) percent of the floor space of the principal building on the lot.

5. Equipment stored or displayed outdoors must be directly related to the principal use of the parcel.

6. Storage and display areas which are not paved must be fully screened from the view of surrounding properties and from the public right-of-way. Storage may not be taller than the screening fence.

7. Landscaping of the area is to be included to provide a buffer from surrounding properties. The landscaping plan is to be approved by the Zoning Administrator.

K. Entertainment Venues. Business locations providing for the assembly of persons, either indoor or outdoor, in which entertainment is provided as all or part of the business services, including both live or recorded entertainment, but not including incidental background music or similar services, nor those uses expressly listed as permitted uses in the Zoning Ordinance. Examples of such businesses include, but are not limited to, amusement places, dance halls, reception halls and similar facilities, provided that:

1. Any noise shall be controlled so as to not be audible from residentially zoned property without a separate permit from the City of Buffalo.

2. The facility shall be responsible for the control of crowds before, during, and after business hours, including dispersal of loitering in adjacent parking lots, sidewalks, or similar spaces.

3. The operator and/or owner shall be responsible for employing appropriate levels of security for the entertainment venue. Examples of such security may include security cameras, security staffing, or similar methods. Where off-site security is a concern, the operator and/or owner shall notify public safety personnel as necessary.

4. Hours of operation shall be approved by the City Council.

5. Other conditions of operation approved by the City Council.

6. The Conditional Use Permit shall be reviewed on an annual basis by the Planning Commission for compliance with the terms of the Permit.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B 3” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards: Not less than twenty (20) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street.

3. Rear Yards: Thirty (30) feet.

SEC. 11.63. "B-4" GENERAL BUSINESS DISTRICT

SEC. 11.63.  “B-4”  GENERAL BUSINESS DISTRICT.

Subd. 1.  Purpose.  The purpose of the “B‑4” General Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region.

Subd. 2. Permitted Uses. The following are permitted uses in a “B 4” District:

A. All permitted uses as allowed in a “B 2” and “B 3” District.
B. Antique or gift shop.
C. Amusement places (such as dance halls or roller rinks).
D. Animal clinics (with no overnight care).
E. Books, office supplies or stationery stores.
F. Bowling alleys.
G. Carpet, rugs and tile.
H. Coin and philatelic stores.
I. Copy service, but not including printing press or newspaper.
J. Costume, clothes rental.
K. Department and discount stores.
L. Dry cleaning including plant accessory heretofore, pressing and repairing.
M. Dry good store.
N. Electrical appliance store including incidental repair and assembly but not fabricating or manufacturing.
O. Employment agencies.
P. Furniture stores.
Q. Furriers when conducted only for retail trade on premises.
R. Garden supply store.
S. Insurance sales, claims and branch offices.
T. Jewelry stores and luggage stores.
U. Leather goods and luggage stores.
V. Record music shops.
W. Sewing machine sales and service.
X. Shoe stores.
Y. Tailor shops.
Z. Theatres, not of the outdoor drive in type.
AA. Toy stores.
BB. Travel bureaus, transportation ticket offices.
CC. Variety stores.
DD. Wearing apparel.
EE. Pawn shops and pawnbrokers.
FF. Secondhand goods dealers.

Subd. 3. Accessory Uses. The following are permitted accessory uses in a “B 4” District:

A. All permitted accessory uses in a “B 3” District.

Subd. 4. Conditional Uses. The following are conditional uses in a “B 4” District. (Requires a conditional use permit based on procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. All conditional uses subject to the same conditions as allowed in the “B 3” District.

B. Commercial Printing Establishments or Newspaper provided that:

1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

2. The entire area shall have a drainage system which is subject to the approval of the City Engineer.

3. At the boundaries of the residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with section 11.17, Subd. 7 of this chapter.

4. The entire area other than occupied by buildings or structures or plantings shall be paved and curbed to control dust and drainage, subject to approval of the City Engineer.

5. Number of parking spaces shall be consistent with a retail sales and service business. At least one (1) off-street parking space is required for each two hundred (200) square feet of floor area.

6. Parking areas shall be screened from view of abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

7. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade.

8. Adequate space is provided for loading facilities which does not disrupt parking for access circulation. Loading facilities and their access, shall be separated from customer parking area and located in the rear or side yard.

9. Loading area shall be fenced and screened from view of neighboring residential uses and districts in compliance with Section 11.17, Subd. 7 of this Chapter.

10. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 11.19 of this Chapter and shall be subject to the approval of the City Engineer and the City Planner.

11. All lighting shall be hooded an so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

12. Each light standard island and all islands in the parking lot shall be landscaped or covered.

13. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

14. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

15. No outside storage occurs on the site.

C. Brewery/Taproom, provided that:

1. The use qualifies for, and receives, all appropriate licensing from the City of Buffalo, and any other applicable agency.

2. The facility provides adequate space for off-street loading and unloading of all trucks greater than 22 feet in length.

3. Loading docks are not visible from adjoining public streets or adjoining residential use or zoning.

4. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential use or zoning.

5. No odors from the business may be perceptible beyond the property line.

6. The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment.

7. Parking supply shall be provided on-site, or through off-site arrangement which avoid street parking on residential streets. Off-site or reduced parking supply shall require separate approval per the requirements of Section 11.19, Subd. 9.DD, Subd. 10, and/or Subd. 11 of this Chapter, as applicable.

8. No exterior lighting source, including sign lighting, shall be visible from adjoining residential property.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B 4” District, subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Twenty thousand (20,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks: Thirty (30) feet where abutting a street or a residential district.

SEC. 11.64. "B-5" CENTRAL BUSINESS DISTRICT.

SEC. 11.64. “B-5” CENTRAL BUSINESS DISTRICT.

Subd. 1. Purpose. The purpose of the “B‑5” District is to provide specifically for the regulation of high intensity commercial uses located within the downtown Central Business District of the City.

Subd. 2. Permitted Uses. The following are permitted uses in the “B 5” District:

A. All permitted uses as allowed in a “B 2”, “B 3” and “B 4” District.

Subd. 3. Accessory Uses. The following are permitted accessory uses in a “B 5” District:

A. All permitted accessory uses in a “B 4” District.

Subd. 4. Conditional Uses. The following are conditional uses in a “B 5” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07.)

A. All conditional uses subject to the same conditions as allowed in the “B 4” District.

B. Public or semi-public recreational buildings and neighborhood or community centers; public educational institutions; private educational institutes limited to elementary, junior high, senior high schools, or colleges; religious institutes such as church, temples, and synagogues; provided that:

1. The provisions of Section 11.41, Subd. 4.B of this Chapter are considered and satisfactorily met.

C. Residential dwelling units, subject to the following conditions:

1. The residential dwelling unit does not occupy a street level floor.

2. At least one parking space per unit must be provided on site, or proof is shown of arrangements for private parking nearby.

3. No physical improvements, either interior or exterior, may preclude future re use for commercial purposes.

4. No more than one floor of the building may be occupied by a residential use.

5. Unit floor areas must comply with Section 11.18, Subd. 6.B of this Chapter.

6. Compliance with conditional use requirements of Section 11.07 of this Chapter.

D. Off street parking facilities which encroach into the five foot required parking lot setback. Such parking facilities must meet the following criteria:

1. The parking lot shall be constructed no closer than two (2) feet from the property line.
2. The parking lot shall be entirely paved and curbed.
3. Intense landscaping shall occupy all open areas bordering or within the parking area.
4. “Entrance/Exit Only” signs shall be posted where necessary.
5. Winter snow storage areas shall be provided in accordance with Section 11.19, Subd. 4, Item 17 of this Chapter or snow shall be hauled off site.
6. Parking lot dimensions shall meet the required angles, widths, and depths designated by the “Parking Lot Dimensions Table” (Section 11.19 of this Chapter).
7. Lighting shall be in compliance with Section 11.17, Subd. 9 of this Chapter.
8. The encroachment is necessary to accommodate the parking demand calculations of this Chapter.
9. All other applicable requirements designated in Section 11.19 of this Chapter.

E. Brewery/taprooms as regulated in Section 11.63, Subd. 4.C of this Chapter.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B 5” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: None.

B. Lot Width: None.

C. Setbacks: Thirty (30) feet where abutting a residential district.

SEC. 11.65. "B-6" HEALTH CARE FACILITY DISTRICT.

SEC. 11.65. “B-6” HEALTH CARE FACILITY DISTRICT.

Subd. 1. Purpose. The purpose of the “B‑6” Health Care Facility District is to provide for the establishment of exclusive medical service developments and directly supportive facilities.

Subd. 2. Permitted Uses. The following are permitted uses in a “B 6” District:

A. Medical offices and clinics.

B. Dental offices and clinics.

C. Retail commercial facilities and service businesses which provide medical, dental and optical products or service only.

D. Medical, dental and optical related research and manufacturing facilities.

E. Hospitals.

F. Commercial leased offices.

Subd. 3. Accessory Uses. The following are permitted accessory uses within a “B 6” District:

A. Commercial or business buildings and structures for a use accessory to the principal use.

B. Food service as minor part of an institution, hospital or retail service facility.

C. Off street parking as regulated by Section 11.19 of this Chapter.

D. Off street loading as regulated by Section 11.20 of this Chapter.

Subd. 4. Conditional Uses. The following are conditional uses in a “B 6” District. (Requires a conditional use permit based upon procedures set forth and regulated by Section 11.07 of this Chapter.)

A. Retail commercial activities, provided that:

1. Merchandise is sold at retail.

2. The product(s) being sold are directly related to or supportive of medical facilities and their users. Examples are the following or similar to: (a) drug store; (b) flower shop; (c) card/gift shop.

3. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

4. Adequate off street parking is provided in compliance with Section 11.19 of this Chapter.

5. Adequate screening is provided from abutting low density residential property in compliance with Section 11.17 of this Chapter.

B. Nursing homes and similar group housing accommodating seventeen or more individuals, provided that:

1. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 11.17, Subd. 7 of this Chapter.

2. Only the rear yard shall be used for play or recreational areas. Said areas shall be fenced and controlled and screened in compliance with Section 11.17, Subd. 7 of this Chapter.

3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

4. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

5. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

6. Adequate off street parking is provided in compliance with Section 11.19 of this Chapter.

7. One off street loading space in compliance with Section 11.20 of this Chapter is provided.

C. Elderly (senior citizen) housing, provided that:

1. Not more than ten (10) percent of the occupants may be sixty (60) years of age or under.

2. To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the City Administrator a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty years of age or under to qualified tenants, or to the building.

3. There is adequate off street parking in compliance with Section 11.19 of this Chapter.

4. One off street loading space in compliance with Section 11.20 of this Chapter.

5. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 11.17, Subd. 7 of this Chapter.

6. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

7. The principal use structure is in compliance with the Minnesota State Uniform Building Code.

8. Elevator service is provided to each floor level above ground floor.

9. Usable open space at minimum is equal to twenty (20) percent of the gross lot area.

D. Commercial/health care planned unit development as regulated by Section 11.80 of this Chapter.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B 6” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Fifteen thousand (15,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards: Not less than twenty (20) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street.

3. Rear Yards: Not less than twenty (20) feet.

SEC. 11.66. "B-W" BUSINESS-WAREHOUSING DISTRICT.

SEC. 11.66. “B-W” BUSINESS-WAREHOUSING DISTRICT.

Subd. 1. Purpose. The purpose of the “B‑W” Business‑Warehousing District is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items storage and warehousing.  The overall character of the “B‑W” District is intended to be transitional in nature, thus industrial uses allowed within this District shall be limited to those which can compatibly exist adjacent to commercial and lower density activities.

Subd. 2. Permitted Uses. The following are permitted uses in a “B W” District:

A. Radio and television stations.
B. Warehouses.
C. Governmental and public utility buildings and structures.
D. Cartage and express facilities.
E. Building materials sales.
F. Transportation terminals.
G. Wholesale business and office establishments.
H. Commercial recreation.
I. Research laboratories.

Subd. 3. Accessory Uses. The following are permitted accessory uses in a “B W” District:

A. All permitted accessory uses as allowed in a “B 4” District.
B. Semi truck parking.

Subd. 4. Conditional Uses. The following are conditional uses in a “B W” District. (Requires a conditional use permit based upon procedures set forth and regulated by Section 11.07 of this Chapter)

A. Open or outdoor service, sale and rental as a principal or accessory use, provided that:

1. Outside services, sales and equipment rental connected with the principal use is limited to fifty (50) percent of the gross floor area of the principal use.

2. Outside sales areas are fenced and screened from view of neighboring residential uses or an abutting “R” District in compliance with Section 11.17, Subd. 7 of this Chapter.

3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 11.17, Subd. 9 of this Chapter.

4. The use does not take up parking space as required for conformity to this Chapter.

5. Sales area is grassed or surfaced to control dust.

6. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

B. Accessory, enclosed retail, rental, service, or processing, manufacturing activity other than that allowed as a permitted use or conditional use within this Section, provided that:

1. Such use is allowed as a permitted use in a “B 4” or “I 1” District.

2. Such use does not constitute more than fifty (50) percent of the gross floor area of the principal use.

3. Adequate off street parking and off street loading in compliance with the requirements of Sections 11.19 and 11.20 of this Chapter is provided.

4. All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs.

5. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

C. Commercial/industrial planned unit development as regulated by Section 11.10 of this Chapter.

D. Nursery and landscaping operations as a principal or accessory use, provided that:

1. No more than fifty (50) percent of gross lot area is utilized as growing fields.

2. Outdoor sales/display area shall be limited to thirty (30) percent of the gross lot area and not take upon required parking and/or loading area in conformity with this Chapter.

3. The provisions of Section 11.07, Subd. 2.D of this Chapter are considered and satisfactorily met.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a “B W” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Twenty thousand (20,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards:

(a) Not less than twenty (20) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street.

(b) Side yards abutting residentially zoned property: Not less than thirty (30) feet on the side yard abutting the residentially zoned property, nor less than twenty (20) feet on the other side yard.

3. Rear Yards: Not less than thirty (30) feet.

SEC. 11.67. "BC" BUSINESS CAMPUS DISTRICT.

SEC. 11.67. “BC” BUSINESS CAMPUS DISTRICT.

Subd. 1. Purpose. The purpose of the Business Campus District is to provide for the establishment of limited light industrial business offices, wholesale showrooms, and related uses in an environment which provides a high level of amenities, including landscaping, preserva­tion of natural features, architectural controls, and other features.  The overall intention of the “BC” District is to be transitional in nature between the “BW” Business Warehousing and “I‑1” Light Industrial District.

Subd. 2. Permitted Uses. The following uses are permitted uses in a “BC” District:

A. Commercial/professional offices.
B. Wholesale showrooms.
C. Conference centers.
D. Radio and television stations.
E. Governmental and public utility buildings and structures.
F. Indoor commercial recreation and outdoor civic centers.
G. Laboratories.
H. Commercial printing establishments.

Subd. 3. Accessory Uses. The following are permitted accessory uses in the “BC” District:

A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use.

B. Off street parking as regulated by Section 11.19 of this Chapter.

C. Off street loading as regulated by Section 11.20 of this Chapter.

Subd. 4. Conditional Uses. The following are conditional uses in a “BC” District. (Requires a conditional use permit based upon procedures set forth and regulated by Section 11.07 of this Chapter.)

A. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials provided that:

1. The proposed use complies with the design standards outlined in Subd. 5 of this Section.

2. The provisions of Section 11.07 of this Chapter are considered and satisfactorily met.

B. Warehousing/Storage, provided that:

1. The proposed use complies with the design standards outlined in this Section.

2. The provisions of Section 11.07 of this Chapter are considered and satisfactorily met.

C. Commercial/Industrial Planned Unit Development as regulated by Section 11.80 of this Chapter.

D. Indoor limited retail sales accessory to office/manufacturing uses provided that:

1. Location:

(a) All sales are conducted in a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building.

(b) The retail sales area must be located on the ground floor of the principal building.

2. Sales Area. The retail sales activity shall not occupy more than fifteen (15) percent of the gross floor area of the building.

3. Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets.

4. Hours. Hours of operation are limited to 8:00 A.M. to 9:00 P.M. The provisions of this Section are considered and satisfactorily met.

E. Outdoor Storage. Open and outdoor storage is a conditional use provided that procedures set forth and regulated by Section 11.17, Subd. 15 of this Chapter are followed.

1. The storage area is in compliance with Section 11.07 of this Chapter and the following.

2. Storage area shall be limited to a maximum of twenty (20) percent of the gross lot area.

3. Storage area shall be setback thirty (30) feet from all property lines.

4. The storage area is surfaced with bituminous to control dust.

5. The provisions of Section 11.07 of this Chapter are considered and satisfactorily met.

F. Food Distribution, Food Shelf, provided that:

1. The facility is located on a roadway which permits retail traffic to avoid conflicts with commercial/industrial traffic.

2. The facility has adequate parking for distribution to avoid on-street parking.

3. The facility has adequate space for off-street loading to avoid utilizing the public street.

4. The facility meets the requirements and processing of Section 11.07 of this Chapter.

Subd. 5. “BC” Design and Site Plan Standards. The following minimum requirements shall be observed in the “BC” District subject to additional requirements, exceptions and modifications set forth in this Chapter:

A. Site Plan Requirements.

1. Site plan requirements must be submitted in accordance with Section 12.20 of the Subdivision Chapter of the City Code.

B. Lot Requirements and Setbacks.

1. Lot Area: Thirty thousand (30,000) square feet.

2. Lot Width: One hundred (100) feet.

3. Lot Setback Requirements:

(a) Front Yards: Not less than fifty (50) feet.

(b) Side Yards:

(1) Not less than twenty (20) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street.

(2) Not less than thirty (30) feet on the side yard abutting a residential zoning district.

(c) Rear Yards: Not less than thirty (30) feet, nor less than forty (40) feet abutting a residential zoning district.

4. Lot Coverage. Not less than thirty (30) percent of the lot, parcel or tract of land shall remain as a grass plot including shrubbery, plantings, or fencing and shall be landscaped.

C. Building Type and Construction and Roof Slope.

1. All building materials and construction must be in conformance with Section 11.18 of this Chapter.

2. In the “BC” District, all buildings constructed of curtain wall panels of finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or pre cast panels on all wall surfaces.

D. Parking.

1. Detailed parking plans in compliance with Section 11.19 of this Chapter, shall be submitted for City review and approved before a building permit may be obtained.

E. Loading.

1. A detailed off street loading plan including berths, area, and access shall be submitted to the City in conformance with the provisions of Section 11.20 of this Chapter for review and approval prior to issuance of a building permit.

F. Trash Receptacles. All buildings shall provide an enclosed trash receptacle area in conformance with Section 11.17, Subd. 14 of this Chapter.

G. Landscaping. A detailed landscaping plan in conformance with Section 11.17, Subd. 7 of this Chapter shall be submitted to the Council and approved before a building permit may be obtained.

H. Usable Open Space. Every effort shall be made to preserve natural ponding areas and features of the land to create passive open space.

I. Signage. A comprehensive sign plan must be submitted in conformance with Section 11.26 of this Chapter.

SEC. 11.70. "I-1" LIGHT INDUSTRIAL DISTRICT.

SEC. 11.70. “I-1” LIGHT INDUSTRIAL DISTRICT.

Subd. 1. Purpose. The purpose of the “I‑1” Light Industrial District is to provide for the establishment of warehousing and light industrial development.  The overall character of the “I‑1” District is intended to have an office/warehouse character, thus industrial uses allowed in this District shall be limited to those which can compatibly exist adjacent to both lower intensity business uses and high intensity manufacturing uses.

Subd. 2. Permitted Uses. The following are permitted uses in an “I 1” District.

A. All permitted uses as allowed in the “B W” District.

B. Trade school.

C. Laboratories.

D. The manufacturing, compounding, assembly, packaging, treatment, or storage of products and materials.

E. Commercial printing establishments.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “I 1” District:

A. All permitted accessory uses as allowed in the “B W” District.

Subd. 4. Conditional Uses. The following are conditional uses in an “I 1” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter.)

A. Industrial planned unit development as regulated by Section 11.10 of this Chapter.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “I 1” District, subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Forty thousand (40,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than fifty (50) feet.

2. Side Yards: Not less than thirty (30) feet on any one side, nor less than fifty (50) feet on the side yard abutting a street.

3. Rear Yards: Thirty (30) feet.

SEC. 11.71. "I-2" HEAVY INDUSTRIAL DISTRICT.

SEC. 11.71. “I-2” HEAVY INDUSTRIAL DISTRICT.

Subd. 1. Purpose. The purpose of the “I‑2” Heavy Industrial District is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation.

Subd. 2. Application of Performance Requirements. All uses provided for under the “I 2” District shall show proof of ability to comply with the performance requirements of this Chapter prior to issuance of any construction permit.

Subd. 3. Permitted Uses. The following are permitted uses in an “I 2” District:

A. Any use permitted in the “I l” District.
B. Automobile major repair.

Subd. 4. Accessory Uses. The following are permitted accessory uses in an “I 2” District.

A. All permitted accessory uses allowed in an “I l” District.

Subd. 5. Conditional Uses. The following are conditional uses in an “I 2” District. (Requires a conditional use permit based upon procedures set forth and regulated by Section ll.07 of this Chapter.)

A. All conditional uses allowed in an “I l” District.

B. Storage, utilization or manufacture of materials or products which could decompose by demolition.

C. Refuse and garbage disposal.

D. Crude oil, gasoline, or other liquid storage tanks.

Subd. 6. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an “I 2” District subject to additional requirements, exceptions and modifications set forth in this Chapter.

A. Lot Area: Forty thousand (40,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than forty (40) feet.

2. Side Yards:

(a) Not less than fifteen (15) feet on any one side, nor less than forty (40) feet on the side yard abutting a street.

(b) Side yards abutting residentially zoned property; not less than forty (40) feet on the side abutting the residentially zoned property.

3. Rear Yards: Thirty (30) feet.

SEC. 11.73. "I-4" AIRPORT INDUSTRIAL DISTRICT.

SEC. 11.73.  “I-4”  AIRPORT INDUSTRIAL DISTRICT.

Subd. 1.  Purpose.  The purpose of the “I‑4” Airport Industrial District is to provide specifically for the regulation of uses located adjacent to or near an airport.

Subd. 2. Permitted Uses. The following are permitted uses in an “I 4” District:

A. All permitted uses as allowed in the “I 2” District.

B. Aircraft hangars.

C. Flight based operations, including maintenance, sales and charter activities.

D. Aircraft repair.

Subd. 3. Accessory Uses. The following are permitted accessory uses in an “I 4” District:

A. All permitted accessory uses as allowed in an “I 2” District.
B. Semi truck parking.

Subd. 4. Conditional Uses. The following are conditional uses in an “I 4” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter):

A. Industrial planned unit development as regulated by Section 11.10 of this Chapter.

B. Open and outdoor service, storage, sale and rental as a principal or accessory uses, provided that:

1. Outdoor services, sales and storage are fenced and screened from view of neighboring residential use or an abutting “R” District in compliance with Section 11.17, Subd. 7 of this Chapter.

2. Tie down facilities are provided for aircraft stored outdoors.

3. All lighting is hooded and so directed that the light source is not visible from the public right of way or from neighboring residences and is in compliance with Section 11.17, Subd. 9 of this Chapter.

4. The use does not take up parking space as required for conformity to this Chapter.

5. Sales, service and storage areas are grassed or surfaced to control dust.

6. The provisions of Section 11.07, Subd. 2, Subparagraph D of this Chapter are considered and satisfactorily met.

Subd. 5. Lot Requirements, Setbacks and Building Standards. The following minimum requirements shall be observed in an “I 4” District, subject to additional requirements, exceptions and modifications set forth in this Chapter:

A. Lot Area: Forty thousand (40,000) square feet.

B. Lot Width: One hundred (100) feet.

C. Setbacks:

1. Front Yards: Not less than forty (40) feet.

2. Side Yards: Not less than fifteen (15) feet on any one side, nor less than forty (40) feet on the side yard abutting a street.

Subd. 6. Building Requirements. Totally metal sided structures will be allowed as a permitted use, as well as all other such structures which comply with the Uniform Building Code.

SEC. 11.80. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT.

SEC. 11.80. “PUD” PLANNED UNIT DEVELOPMENT DISTRICT.

Subd. 1. Purpose. The purpose of the “PUD” Planned Unit Development District is to provide for the integration and coordination of land parcels as well as the combination of varying types of residential, commercial and industrial uses.

Subd. 2. Application. All permitted, permitted accessory, or conditional uses contained in Sections 11.41 through 11.72 of this Chapter shall be treated as potentially permitted uses within a “PUD” District.

Subd. 3. Special Procedures. Whether requested as a rezoning or initially established by City action alone, a “PUD” Planned Unit Development District shall be established and governed subject to the amendment and procedure requirements as outlined in Section 11.06 of this Chapter, plus the procedures and conditions imposed by Section 11.10 of this Chapter.

SEC. 11.81. "S" SHORELAND MANAGEMENT OVERLAY DISTRICT

SEC. 11.81. “S” SHORELAND MANAGEMENT OVERLAY DISTRICT.

Subd. 1. Statutory Authorization and Policy.

A. Statutory Authorization. This Shoreland District is adopted pursuant to the authorization and policies contained in the Shoreland Management Standards, Minnesota Regulations, Parts 6120.2500‑6120.3900, the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

B. Policy. The uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base.  Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the State to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources.  This responsibility is hereby recognized by the City.

Subd. 2. General Provisions and Definitions.

A. Jurisdiction. The provisions of this District shall apply to the shorelands of the public water bodies as classified in Subd. 4.  Pursuant to Minnesota Regulations, Parts 6120.2500‑6120.3900, no lake, pond or flowage less than 10 acres in size need be regulated in the City’s shoreland regulations.  A body of water created by a private user where there was no previous shoreland may, at the discretion of the Council, be exempt from this Section.  Shoreland areas are defined as land located within the following distances from public waters:  1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.  The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.

B. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Section and other applicable regulations.

C. Enforcement. The City is responsible for the administration and enforcement of this Section.  It is unlawful to violate any of the provisions of this Section or to fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses).  Violations of this Section can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subd. 3, below.

D. Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the Council and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

E. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.  However, where this Section imposes greater restrictions, the provisions of this Section shall prevail.  All other City Code provisions inconsistent with this Section are hereby repealed to the extent of the inconsistency only.

F. Definitions. Unless specifically defined in Section 11.02, words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application.  For the purpose of this Section, the words “must” and “shall” are mandatory and not permissive.  All distances, unless otherwise specified, shall be measured horizontally.

Subd. 3. Administration.

A. Permits Required.

1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subd. 5, C, of this Section.  Application for a permit shall be made to the Zoning Administrator on the forms provided.  The application shall include the necessary information so that the site’s suitability for the intended use can be determined and that a compliant sewage treatment system will be provided.

2. A permit authorizing an addition to an existing structure shall stipulate that an identified non‑conforming sewage treatment system, as defined by Subd. 5, H, shall be reconstructed or replaced in accordance with the provisions of this Section.

B. Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subparagraph A, above.  This certificate will specify that the use of land conforms to the requirements of this Section.  Any use, arrangement or construction at variance with that authorized by permit shall be deemed a violation of this Section and shall be punishable as provided in Subd. 2, C.

C. Variances.

1. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable.  A variance may not circumvent the general purposes and intent of this Section.  No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.  Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest.  In considering a variance request, the Council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year‑round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

2. The Council shall hear and decide requests for variances in accordance with Section 11.08.  When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subparagraph D, below, shall also include the Council’s summary of the public record/ testimony and the findings of facts and conclusions which supported the issuance of the variance.

3. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property.  The variance, if issued, must require reconstruction of a non‑conforming sewage treatment system.

D. Notifications to the Department of Natural Resources.

1. Copies of all notices of any public hearings to consider variances, amendments or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings.  Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

2. A copy of approved amendments and subdivisions/ plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.

Subd. 4. Shoreland Classification System and Land Use Districts.

A. Shoreland Classification System. The public waters of the City have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota.

1. The shoreland area for the waterbodies listed in Items 2 and 3, below, shall be as defined in Subd. 2, A, and as shown on the Official Zoning Map.

2. Lakes.

(a) Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use.  They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils.  These lakes, particularly in rural areas, usually do not have much existing development or recreational use.

Natural Environment Lakes Protected Waters Inventory I.D.#
Mary Lake 86-49
Albert Lake 86-129

(b) Recreational development lakes are generally medium‑sized lakes of varying depths and shapes with a variety of landform, soil, and ground water situations on the lands around them.  They often are characterized by moderate levels of recreational use and existing development.  Development consists mainly of seasonal and year‑round residences and recreational‑oriented commercial uses.  Many of these lakes have capacities for accommodating additional development and use.

Recreational Development Lakes Protected Waters Inventory I.D.#
Varner Lake 86-91
Mink Lake 86-88

(c) General development lakes are generally large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development.  These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore.  Second and third tiers of development are fairly common.  The larger examples in this class can accommodate additional development and use.

General Development Lakes Protected Waters Inventory I.D.#
Pulaski Lake 86-53
Buffalo Lake 86-90

Source: Ordinance No. 5, Series IV, Effective Date: 5-7-93

3. Rivers and Streams.

(a) Tributary river segments consist of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes.  These segments have a wide variety of existing land and recreational use characteristics.  The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.

Tributary River or Stream

Unnamed tributary to Buffalo Lake

Unnamed tributary to Mary Lake

B. Land Use District Descriptions.

1. Criteria for Designation. The land use districts in Item (b), below, and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the City’s Comprehensive Land Use Plan and the following criteria, considerations and objectives:

(a) General Considerations and Criteria for all Land Uses Within the Shoreland Overlay District.

(1) Preservation of natural areas;

(2) Present ownership and development of shoreland areas.

(3) Shoreland soil types and their engineering capabilities;

(4) Topographic characteristics;

(5) Vegetative cover;

(6) In-water physical characteristics, values, and constraints;

(7) Recreational use of the surface water;

(8) Road and service center accessibility;

(9) Socioeconomic development needs and plans as they involve water and related land resources;

(10) The land requirements of industry which, by its nature, requires location in shoreland areas; and,

(11) The necessity to preserve and restore certain areas having significant historical or ecological value.

(b) Factors and Criteria for Planned Unit Developments.

(1) Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

(2) Physical and aesthetic impacts of increased density;

(3) Suitability of lands for the planned unit development approach;

(4) Level of current development in the area; and,

(5) Amounts and types of ownership of undeveloped lands.

2. Land Use Districts. The land use designations for the Shoreland Overlay District shall follow the permitted, accessory, and conditional use designations as defined and outlined in the base zoning districts found in Sections 11.40 ‑ 11.80, and shall be properly delineated on the Official Zoning Map for the shorelands of the City.  These land use districts are in conformance with the criteria specified in Minnesota Regulations, Part 6120.3200, Subd. 3.

Subd. 5. Zoning and Water Supply/Sanitary Provisions.

A. Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the effective date of this Section for the lake and river/stream classifications are the following:

1. Unsewered Lakes.

(a) Natural Environment.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 80,000 200 80,000 200
Duplex 120,000 300 160,000 400
Triplex 160,000 400 240,000 600
Quad 200,000 500 320,000 800

(b) Recreational/Development.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 40,000 150 40,000 150
Duplex 80,000 225 80,000 265
Triplex 120,000 300 120,000 375
Quad 160,000 375 160,000 490

(c) General Development.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 40,000 150 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490

2. Sewered Lakes.

(a) Natural Environment.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410

(b) Recreational Development.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245

(c) General Development.

Riparian Lots

Non-Riparian Lots

Area Width Area Width
Single 15,000 85 10,000 85
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245

3. River/Stream Lot Width Standards. There is no minimum lot size requirements for rivers and streams.  The lot width standards for single, duplex, triplex and quad residential developments for the six river/ stream classifications are:

Tributary

No Sewer Sewer
Single 100 75
Duplex 150 115
Triplex 200 150
Quad 250 190

4. Additional Special Provisions.

(a) Residential subdivisions with dwelling unit densities exceeding those in the tables in Items 2 and 3 of this Subparagraph A, can only be allowed if designed and approved as residential planned unit developments under Subd. 8 of this Section.  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.  The sewer lot area dimensions in Item 2 of this Subparagraph A can only be used if publicly owned sewer system service is available to the property.

(b) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards:

(1) Each building must be set back at least 200 feet from the ordinary high water level;

(2) Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

(3) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and,

(4) No more than 25 percent of a lake’s shoreline can be in duplex, triplex, or quad developments.

(c) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non‑riparian lots within subdivisions are permissible and must meet or exceed the following standards:

(1) They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.

(2) If docking, mooring, or over‑water storage of more than six (6) watercraft to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

Controlled Access Lot Frontage Requirements

Ratio of Lake Size to Shore Length (Access/Miles) Required Increase to Frontage (Percent)
Less than 100 25
100-200 20
201-300 15
301-400 10
Greater than 400 5

(3) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non‑riparian lots in the subdivision who are provided riparian access rights on the access lot; and,

(4) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed.  The activities may include watercraft launching, loading, storage, beaching, mooring, or docking.  They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners.  Examples of the non-‑ significant conflict activities include swimming, sunbathing, or picnicking.  The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations.  They must also address the need for sanitary facilities, rubbish and storage collection, and require all parking areas, storage buildings, and other facilities and adjacent lots to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf‑on conditions.

B. Placement, Design, and Height of Structures.

1. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.  Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.  Structures shall be located as follows:

(a) Structure and On-Site Sewage System Setbacks (in feet) from Ordinary High Water Level.

Setbacks

 Classes of Public Waters

Structures

Sewage Treatment
Lakes Unsewered Sewered System
Natural Environment 150 150 150
Recreational Development 100 75 75
General Development 75 50 50
Rivers Tributary 100 50 75

(b) Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody.

Setback From Setback (in feet)
(1) Top of bluff 30
(2) Unplatted cemetery 50
(3) Right-of-way line of Federal, State, orCounty highway; and 50
(4) Right-of-way line of town road, public street, or other roads or streets not classified 20

(c) Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

2. Design Criteria for Structures.

(a) High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site.  Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level, whichever is higher.

(b) Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.  Stairways and lifts must meet the following design requirements:

(1) Stairways and lifts must not exceed four feet in width on residential lots.  Wider stairways must be used for commercial properties, public open space recreational properties, and planned unit developments;

(2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area.  Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties, and planned unit developments;

(3) Canopies or roofs are not allowed on stairways, lifts, or landings;

(4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

(5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf‑on conditions, whenever practical; and,

(6) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Items (1) to (5), above, are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.

(c) Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

(d) Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes.  When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf‑on vegetation.

3. Height of Structures. All structures in residential districts, except churches and non‑residential agricultural structures, must not exceed 25 feet in height.  Height of structure is as defined in Section 11.02.

C. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic value, prevent bank slumping, and protect fish and wildlife habitat.

1. Vegetation Alterations.

(a) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Subparagraph D of this Subdivision are exempt from the vegetation alteration standards that follow.

(b) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Subparagraph F, Items 2 and 3 of this Subdivision is allowed subject to the following standards:

(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.  Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

(2) In shore and bluff impact zones and on steep slopes, 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, livestock watering areas, beach and watercraft access areas, and permitted water‑oriented accessory structures or facilities, provided that:

(aa) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer leaf‑on conditions, is not substantially reduced;

(bb) Along rivers, existing shading of water surfaces is preserved; and,

(cc) The above 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, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit.  However, the grading and filling provisions  of this Subparagraph must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

(b) Public roads and parking areas as regulated by Subparagraph D, herein.

(c) Notwithstanding Items (a) and (b), above, a grading and filling permit will be required for:

(1) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and,

(2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

(d) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits,  variances and subdivision approvals:

(1) Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively  the proposed activity would affect the following functional qualities of the wetland: *

 

(aa) Sediment and pollution trapping and retention;

(bb) Storage of surface runoff to prevent or reduce flood damage;

(cc) Fish and wildlife habitat;

(dd) Recreational use;

(ee) Shoreline or bank stabilization; and,

(ff) Noteworthiness, including special qualities such as historic significance, critical habitat or endangered plants and animals, or others.

* The applicant is responsible for determining whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, State, or Federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers.  Documentation of such is required prior to issuance of permits.

(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

(3) Mulches or similar materials must be used, where  necessary, for temporary bare  soil coverage, and permanent vegetation cover must be established as soon as possible;

(4) Methods to minimize soil erosion and trap sediments before they reach any surface water feature must be used;

(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;

(6) Fill or excavated material must not be placed in a manner that creates an unstable slope;

(7) Plans to place fill or excavated material on  steep  slopes must be reviewed by qualified professionals for continued slope stability  and must not create finished slopes of 30 percent or greater;

(8) Fill or excavated material must not be placed in bluff impact zones;

(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes, Section 105.42.

(10) 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,

(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

(e) Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls.  Permission for excavations may be given only after the Commissioner has approved the proposed connection to the public waters.

D. Placement and Design of Roads, Driveways, and Parking Areas.

1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and    topography to achieve maximum screening from view from    public waters.  Documentation must be provided by a    qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist.  If no such alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

3. Public and private watercraft access ramps, approach roads, and access‑related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this Subparagraph are met.  For private facilities, the grading and filling provisions of Subparagraph C, Item 2 of this Subdivision must be met.

E. Storm Water Management. The following general and specific standards shall apply:

1. General Standards.

(a) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff before discharge to public waters.

(b) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.  Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

(c) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used.  Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man‑made materials and facilities.

2. Specific Standards.

(a) Impervious surface coverage of lots must not exceed 25 percent of the lot area.

(b) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

(c) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

F. Special Provisions for Commercial, Industrial, Public/ Semipublic, Agricultural, and Forestry.

1. Standards for Commercial, Industrial, Public and Semipublic Uses.

(a) Surface water‑oriented commercial uses and industrial, public, or semipublic uses with similar 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:

(1) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this Section, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

(2) 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,

(3) 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:

(aa) 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;

(bb) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information.  They must only convey the location and name of the establishment and the general types of goods or services available.  The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size.  If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and,

(cc) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters.  This does not preclude use of navigational lights.

(b)

Uses without water‑oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf‑on conditions.

2. Agriculture Use Standards.

(a) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency.  The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

(b) Animal feedlots must meet the following standards:

(1) New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and,

(2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

3. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment‑Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota”.

G. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses as found in Section 11.07 and any other applicable provisions of this Chapter.  The following additional evaluation criteria and conditions apply within shoreland areas:

1. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:

(a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

(b) The visibility of structures and other facilities as viewed from public waters is limited;

(c) The site is adequate for water supply and on‑site sewage treatment; and,

(d) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

2. Conditions Attached to Conditional Use Permits. The City, upon consideration of the criteria listed above and the purposes of this Section, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this Section.  Such conditions may include, but are not limited to, the following:

(a) Increased setbacks from the ordinary high water level;

(b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and,

(c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

H. Water Supply and Sewage Treatment.

1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

2. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

(a) Publicly-owned sewer systems must be used where available.

(b) All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which is hereby adopted by reference and made a part of this Section.

(c) On‑site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subparagraph B, Item 1, of this Subdivision.

(d) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in Items 1 through 4, below.  If the determination of a site’s suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on‑site field investigations.

Evaluation Criteria:

(1) Depth to the highest known or calculated ground water table or bedrock;

(2) Soil conditions, properties, and permeability;

(3) Slope;

(4) The existence of lowlands, local surface depressions, and rock outcrops.

(e) Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Subd. 6, Subparagraph C.

Subd. 6. Non-Conformities. All legally established non‑conformities as of the effective date of this Section may continue, but they will be managed according to applicable State statutes and other City Code provisions for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:

A. Construction and Non-Conforming Lots of Record.

1. Subject to the requirements of Section 11.16, lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of Subd. 5, Subparagraph A, may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this Section are met.

2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot.  In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subd. 5, Subparagraph A, the lot must not be considered as a separate parcel of land for the purposes of sale or development.  The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Subd. 5, A, as much as possible.

B. Additions/Expansions to Non-Conforming Structures.

1. All additions or expansions to the outside dimen­sions of an existing non‑conforming structure must meet the setback, height, and other requirements of Subd. 5.  Any deviation from these requirements must be authorized by a variance pursuant to Subd. 3, C.

2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

(a) The structure existed on the date the structure setbacks were established;

(b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

(c) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and,

(d) The deck is constructed primarily of wood, and is not roofed or screened.

C. Non-Conforming Sewage Treatment Systems.

1. A sewage treatment system not meeting the requirements of Subd. 5, H, must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property.  For the purposes of this provision, a sewage treatment system shall not be considered non-‑ conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.

2. The Council has, by formal resolution, notified the Commissioner of its program to identify non‑conforming sewage treatment systems.  The City will require upgrading or replacement of any non‑conforming system identified by this program within a reasonable period of time which will not exceed two years.  Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, Section 105.485, in effect at the time of installation, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency’s Chapter 7080 for design of on‑site sewage treatment systems, shall be considered non‑conforming.

Subd. 7. Subdivision/Platting Provisions.

A. Land Suitability. Each lot created through subdivision, including planned unit developments authorized under Subd. 8, must be suitable in its natural state for the proposed use with minimal alteration.  Suitability analysis by the City shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the City.

B. Consistency With Other Controls. Subdivisions must conform to all official controls of the City.  A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose.  In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water systems is available and a sewage treatment system consistent with Subd. 5, Subparagraphs B and H, can be provided for every lot.  Each lot shall meet the minimum lot size and dimensional requirements of Subd. 5, A, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems.  Lots that would require use of holding tanks must not be approved.

C. Information Requirements. Sufficient information must be submitted by the applicant for the City to make a determination of land suitability.  The information shall include at least the following:

1. Topographic contours at ten foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;

2. The surface water features required in Minnesota Statutes, Section 505.02, Subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

3. Adequate soils information to determine suitability for building and on‑site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near‑shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;

5. Location of 100‑year floodplain areas and floodway districts from existing adopted maps or data; and,

6. A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

D. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands.

E. Platting. All subdivisions that create five or more lots or parcels that are 2‑1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505.  No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the effective date of this Section unless the lot was approved as part of a formal subdivision.

F. Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision must meet or exceed the sizing criteria in Subd. 5, A, 4 of this Section.

Subd. 8. Planned Unit Development (PUDs).

A. Types of PUDs Permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land.  The land use districts in which they are an allowable use are identified in the land use district descriptions in Subd. 4, B, and the Official Zoning Map.

B. Processing of PUDs. Planned unit developments must be processed as a conditional use.

C. Application for a PUD. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:

1. A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten foot intervals or less.  When a PUD is a combined commercial and recreational development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two.

2. A property owners association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of Subparagraph F of this Subdivision.

3. Deed restrictions, covenants, permanent easements or other instruments that:  (a) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs and (b) ensure the long term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subparagraph F of this Subdivision.

4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.

5. Those additional documents as requested by the Zoning Administrator that are necessary to explain how the PUD will be designed and will function.

D. Site “Suitable Area” Evaluations. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/ dwelling site density evaluation in Subd. 7, E.

1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:

Shoreland Tier Dimensions

Unsewered (feet) Sewered (feet)
General Development Lakes-First Tier 200 200
General Development Lakes-Second and Additional Tiers 267 200
Recreational Development Lakes 267 267
Natural Environment Lakes 400 320
All River Classes 300 300

2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters.  This suitable area and the proposed project are then subject to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

E. Residential and Commercial PUD Density Evaluation. The procedures for determining the “base” density of a PUD and a density increase multipliers as follows.  Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.

1. Residential PUD “Base” Density Evaluation.

(a) The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the City has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier.  Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analysis herein and the design criteria in Subparagraph F, below.

2. Commercial PUD “Base” Density Evaluation.

(a) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites.  Computation of inside living area sizes need not include decks, patios, stops, steps, garages, or porches and basements, unless they are habitable space.

(b) Select the appropriate floor area ratio from the following table:

Commercial Planned Unit Development

Floor Area Ratios*

Public Waters Classes

*Average unit floor area (sq. ft.) Sewered General development lakes; first tier on unsewered general development lakes; urban, agricultural, tributary river segments Second and add’l tiers on unsewered general development lakes; recreational lake; transition and forested river segments Natural Environment lakes and remote river segments
200 .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
1,500 .150 .075 .038

* For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet.  For areas greater than shown, use the ratios listed for 1,500 square feet.  For recreational camping areas, use the ratios listed at 400 square feet.  Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

(c) Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

(d) Divide the total floor area by tier computed in Item (c), above, by the average inside living area size determined in Item (a), above.  This yields a base number of dwelling units and sites for each tier.

(e) Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analysis herein and the design criteria in Subd. 7, F.

3. Density Increase Multipliers.

(a) Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Subd. 5 are met or exceeded and the design criteria in Subd. 7, F, are satisfied.  The allowable density increases in Item (b), below, will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City and the setback is at least 25 percent greater than the minimum setback.

(b) Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:

Density Evaluation Tiers Maximum Density Increase Within Each Tier (Percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200

F. Maintenance and Design Criteria.

1. Maintenance and Administration Requirements.

(a) Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

(b) Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long‑term preservation and maintenance of open space.  The instruments must include all of the following protections:

(1) Commercial uses prohibited (for residential PUDs);

(2) Vegetation and topographic alterations other than routine maintenance prohibited;

(3) Construction of additional buildings or storage of vehicles and other materials prohibited; and,

(4) Uncontrolled beaching of watercraft prohibited.

(c) Development Organization and Functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features:

(1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;

(2) Each member must pay a pro‑rata share of the association’s expenses, and unpaid assessments can become liens on units or sites;

(3) Assessments must be adjustable to accommodate changing conditions; and,

(4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

2. Open Space Requirements. Planned unit developments must contain open space meeting all of the following criteria:

(a) At least 50 percent of the total project area must be preserved as open space;

(b) Dwelling units or sites, road rights‑of‑way, or land covered by road surfaces, parking areas, or structures, except water‑oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;

(c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

(d) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

(e) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;

(f) Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities;

(g) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and,

(h) The shore impact zone, based on normal structure setbacks, must be included as open space.  For residential PUDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural existing state.  For commercial PUDs, at least 50 percent of the shore impact zone must be preserved in its natural state.

3. Erosion Control and Storm Water Management.  Erosion control and storm water management plans must be developed and the PUD must:

(a) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction.  This must be accomplished by limiting the amount and length of time of bare ground exposure.  Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features.  Erosion control plans approved by a soil and water conser­vation district may be required if project size and site physical characteristics warrant; and,

(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff.  Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except that for commercial PUDs, 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency with Subd. 5, C.

4. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards:

(a) Planned unit developments must be connected to publicly owned water supply and sewer systems, if available.  On‑site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Subd. 5, Subparagraphs B and H of this Section.  On‑site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system;

(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development.  They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification:  setback from the ordinary high water level, elevation above the surface water features, and maximum height.  Setbacks from the ordinary high water level must be increased in accordance with Subparagraph E, Item 3 of this Subdivision for developments with density increases;

(c) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them.  Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors.  The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).  Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

(d) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City, assuming summer, leaf‑on conditions.  Vegetative and topographic screening must be preserved, if existing, or may be required to be provided;

(e) Accessory structures and facilities, except water‑oriented accessory structures, must meet the required principal structure setback and must be centralized; and,

(f) Water‑oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subd. 5, B, are centralized.

G. Conversions. The City may allow existing resorts or other land uses and facilities to be converted to residential and planned unit developments if all of the following standards are met:

1. Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction.  Inconsistencies between existing features of the development and these standards must be identified.

2. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permits.

3. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion.  These improvements must include, where applicable, the following:

(a) Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

(b) Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and,

(c) If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations.  The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

4. Existing dwelling units or dwelling site densities that exceed standards in Subparagraph E of this Subdivision may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future.  Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

SEC. 11.82. "F" FLOODPLAIN MANAGEMENT OVERLAY DISTRICT.

SEC. 11.82. “F” FLOODPLAIN MANAGEMENT OVERLAY DISTRICT.

Subd. 1. Statutory Authorization.

A. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Chapter 462, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statutes, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program.

B. Statement of Purpose. The purpose of this Section is to maintain the City’s eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including 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.

C. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the Floodplain Overlay District or land uses permitted within such districts will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decisions lawfully made thereunder.

Subd. 2. General Provisions.

A. Adoption of Flood Insurance Rate Map. The Flood Insurance Study and Rate Maps for the City of Buffalo, dated 15 May 1985, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the Official Floodplain Zoning District Map and made a part of this Chapter.

B. Lands to Which Section Applies. This Section shall apply to all lands designated as floodplain within the jurisdiction of the City.

C. Interpretation. The boundaries of the Floodplain Overlay District shall be determined by scaling distances on the Official Floodplain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the Floodplain Overlay District, the Zoning Administrator shall make the necessary interpretation based on elevations on the regional (100 year) flood profile, if available. If 100 year flood elevations are not available, the City shall: (1) Require a floodplain evaluation consistent with Subd. 4, C, of this Section to determine a 100 year flood elevation for the site; or (2) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain.

D. Definitions. Unless specifically defined in Section 11.02, words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application.

Subd. 3. Conflict with Pre Existing Zoning Regulations and General Compliance.

A. The Floodplain District as Overlay Zoning District. The Floodplain Zoning District shall be considered an overlay zoning district to all existing land use regulations of the City. The uses permitted in Subd. 4 and Subd. 5 herein shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this Section shall apply in addition to other legally established regulations of the City and where this Section imposes greater restrictions, the provisions of this Section shall apply.

B. Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 4 shall be prohibited. 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 Section and specifically Subd. 4 and Subd. 12.

2. Modifications, additions, structural alterations or repair after damage to existing non conforming structures and non conforming uses of structures or land are regulated by the general provisions of this Section and specifically Subd. 9.

3. As built elevations for elevated structures must be certified by ground surveys as stated in Subd. 7.

Subd. 4. Permitted Uses, Standards, and Floodplain Elevation Criteria.

A. Permitted Uses in the Floodplain. The following uses of land are permitted uses in the Floodplain Overlay District:

1. Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.

2. Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in Subparagraph B, below, and the floodplain evaluation criteria in Subparagraph C, below, for determining floodway and flood fringe boundaries.

3. Travel trailers and travel vehicles as regulated by Subd. 12 of this Section.

B. Standards for Floodplain Permitted Uses.

1. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip rap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain 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.

2. Grading and Filling Requirements. Any grading or filling done within a floodplain area shall require a grading and filling permit pursuant to Sections 11.23 and 11.24 of this Chapter prior to the commencement of such activities, and in addition, shall be subject to the following requirements, as applicable:

(a) All grading and filling permits shall be subject to the following requirements:

(1) The smallest amount of bare ground is exposed for as short a time as feasible.

(2) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established.

(3) Methods to prevent erosion and trap sediment are employed.

(4) Fill is stabilized to accepted engineering standards.

(b) Filling for the purpose of meeting the structure elevation requirements of the floodplains of Lake Pulaski and Buffalo Lake shall be subject to the following additional requirements:

(1) The finished fill elevation shall be no lower than an elevation of 971.0 feet within the floodplain of Lake Pulaski and no lower than an elevation of 921.7 feet within the floodplain of Buffalo Lake and the fill shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure erected thereon.

(2) The fill shall be compacted and the slopes of the fill protected by riprap or vegetative covering.

(3) The applicant for the grading and filling permit 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 this Section. The finished elevation shall be listed on the certification and shall be in sea level (NGVD) 1929) datum to the nearest tenth of a foot.

(c) Filling within the floodplain (Zone “A”) of the Unnamed Tributary to Buffalo Lake shall be subject to the following additional requirements:

(1) The finished fill elevation shall be no lower than an elevation of one (1) foot above the elevation of the regional (100 year) flood if a structure is to be placed on top of the fill.

(2) The fill shall be compacted and the slopes of the fill protected by riprap or vegetative covering.

(3) The finished fill elevation shall be certified and listed by a registered professional engineer, registered architect or registered surveyor.

(4) The applicant shall be required to obtain all information necessary to determine what effects the proposed fill will have on flood stages and to determine the elevation of the regional flood. No permit shall be issued which results in an increase in the regional flood elevation of more than 0.5 feet.

(5) The City Engineer shall verify the applicant’s information and to determine whether the proposed filling complies with this Section and State Floodplain Regulations (6 MCAR SS 1.0085 1.0092).

(6) Fill to be placed for a purpose other than elevation of a structure or to remove lands from the floodplain shall be shown to have a beneficial purpose and to be the minimum amount necessary for the intended purpose.

3. Public Utility, Railroad, Road, and Bridge Requirements in Floodplains. All public utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be flood proofed in accordance with the State Building Code or elevated above the elevation of the regional flood. Railroad tracks, roads and bridges to be located in the floodplain which involve the deposit of fill, shall require a grading and filling permit and be subject to the requirements of Subparagraph B, 2, of this Subdivision. Such facilities shall be constructed above the regional flood elevation where failure or interruption of such services would result in danger to public health or safety.

4. 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.

(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the Regulatory Flood Protection Elevation.

5. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.

6. All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor, including basements, crawl spaces or cellars, is at or above the Regulatory Flood Protection Elevation (RFPE) except as specified below:

(a) Within the floodplain of Lake Pulaski (86 53), the RFPE shall be elevation 971.0 feet (NGVD 1929 datum).

(b) Within the floodplain of Buffalo Lake (86 90), the RFPE shall be elevation 921.7 feet (NGVD 1929 datum).

(c) Within the floodplain of the Unnamed Tributary of Buffalo Lake, the RFPE shall be an elevation that is one foot above the 100 year flood elevation, as determined in accordance with Subparagraph B, 2, (c) of this Subdivision.

7. All Uses. Uses that do not have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.

8. Commercial and Manufacturing 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 such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.

9. On Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: (a) on site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and (b) new or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters 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 State wide standards for on site sewage treatment systems shall be determined to be in compliance with this Section.

10. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, 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. Floodplain Evaluation.

1. Upon receipt of an application for a permit, manufactured home park development, or subdivision approval within the Floodplain Overlay District, the Zoning Administrator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.

2. The Zoning Administrator shall submit one copy of all information required by Item 1, above, to the respective Department of Natural Resources’ Area Hydrologist for review and comment at least twenty (20) days prior to the granting of a permit or manufactured home park development/subdivision approval by the City. The Zoning Administrator shall notify the respective Department of Natural Resources’ Area Hydrologist within ten (10) days after a permit or manufactured home park development/subdivision approval is granted.

Subd. 5. Utilities, Railroads, Roads, and Bridges in the Floodplain Overlay District. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with State floodplain management standards contained in Minnesota Rules 1983 Parts 6120.5000 6120.6200.

Subd. 6. Subdivisions.

A. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City for reason of flooding or inadequate drainage, water supply or sewage treatment facilities. The Planning Commission shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.

B. In the Floodplain Overlay District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. 4, C, 1, of this Section. The City shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subd. 4, B; Subd. 4, C and Subd. 5 of this Section.

C. 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.

D. Removal of Special Flood Hazard Area Designation. 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.

Subd. 7. Administration.

A. Permit Required. A permit issued by the Zoning Administrator shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non conforming use; and prior to excavation or the placement of an obstruction within the floodplain.

B. State and Federal Permits. Prior to granting a permit or processing an application for a variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits.

C. Certification of Lowest Floor Elevations. 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 Section. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the Floodplain Overlay District.

Subd. 8. Variances.

A. A variance means a modification of a specific permitted development standard required in an official control included in this Section to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a practical difficulty or unique circumstance as defined in Section 11.08.

B. The Board may authorize, upon appeal in specific cases, such relief or variance from the terms of this Section 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 Section 11.08. In the granting of such 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.

C. Variances from the provisions of this Section may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this Section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the Regulatory Flood Protection Elevation. Variances may be used to modify permissible methods of flood protection.

D. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten (10) days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.

E. Appeals. Appeals from any decision of the Board may be made, and as specified in Section 11.09.

F. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (1) 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 $25.00 for $100.00 of insurance coverage and (2) such construction below the 100 year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biannual report submitted to the Administrator of the National Flood Insurance Program.

Subd. 9. Non Conformities. A structure or the use of a structure or premises which was lawful before the effective date of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions:

A. No such use shall be expanded, changed, enlarged, or altered in a way which increased its non conformity.

B. An alteration within the inside dimensions of a non conforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure.

C. The cost of all structural alterations or additions both inside and outside of a structure to any non conforming structure over the life of the structure shall not exceed fifty (50) percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of Buffalo’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 man power or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty (50) percent of the current market value of the structure, then the structure must meet the standards of Subd. 4 of this Section for new structures.

D. If any non conforming use of a structure or land or non conforming structure is destroyed by any means, including floods, to an extent of fifty (50) percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this Section. The City may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Section.

Subd. 10. Unlawful Acts. It is unlawful for any person to violate the provisions of this Section or fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances).

A. In responding to a suspected City Code violation, the Zoning Administrator may utilize the full array of enforcement actions available to its including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct City Code violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

B. When a City Code violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and FEMA regional office along with the City’s plan of action to correct the violation to the degree possible.

C. The Zoning Administrator shall notify the suspected party of the requirements of this Section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.

D. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Section.

Subd. 11. Amendments. All amendments to this Section, including revisions to the Official Floodplain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The floodplain designation on the Official Floodplain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the Regulatory Flood Protection Elevation and is contiguous to lands outside of the floodplain. Changes in the Official Zoning Map must meet the FEMA’s technical conditions and criteria and must receive prior FEMA approval before
adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to coincide an amendment to this Section and said notice shall include a draft of the amendment or technical study under consideration.

Subd. 12. Travel Trailers and Travel Vehicles. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Subparagraph A, below, shall be subject to the provisions of this Section and as specifically spelled out in Subparagraphs C and D, below.

A. Exemption. Travel trailers and travel vehicles are exempt from the provisions of this Section if they are placed in any of the areas listed in Subparagraph B, below, and further they meet the following criteria:

1. Have current licenses required for highway use.

2. 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 not permanent structural type additions.

3. The travel trailer or travel vehicle and associated use must be permissible in any pre existing, underlying zoning use district.

B. Areas Exempted for Placement of Travel/Recreational Vehicles.

1. Individual lots or parcels of record.

2. Existing commercial recreational vehicle parks or campgrounds.

3. Existing condominium type associations.

C. Travel trailers and travel vehicles exempted in Subparagraph A, above, lose this exemption when development occurs on the parcel exceeding $500.00 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 requirements and the use of land restrictions specified in Subd. 4 of this Section.

D. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

1. Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation determined in accordance with the provisions of Subd. 4, C, and proper elevated road access to the site exists in accordance with Subd. 4 of this Section. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100 year or regional flood.

2. All new or replacement travel trailers or travel vehicles not meeting the criteria of Item 1, above, may as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said 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. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subd. 4, B, 8, of this Section.

SEC. 11.83. PARKS AND OPEN SPACE ZONING DISTRICT.

SECTION 11.83.    PARKS AND OPEN SPACE ZONING DISTRICT.

Subd. 1 Purpose. The purpose of the “P/OS” Parks and Open Space District is to provide for, identify, preserve and enhance public and private open space, natural areas, and improved park and recreational areas that are set aside for recreation, conservation, preservation, and cultural activities, primarily including open and outdoor areas, as well as support and ancillary structures and facilities.

Subd. 2 Permitted Uses. The following uses are permitted in the P/OS District:

A. Publicly owned parks, golf courses, playfields, natural areas, and recreational uses and directly related buildings and structures.

B. Other uses customary and incidental to parks, open space and recreational uses.

C. Essential services.

D. Cellular telephone antenna located upon a public structure as regulated by Section as regulated by Section 11.32 of this Chapter.

Subd. 3 Accessory Uses. The following uses are permitted accessory uses in the POS District:

A. Off-street parking as regulated by Section 11.19 of this Chapter.

B. Offices accessory to a permitted or conditional principal use.

C. Gardening and other horticultural uses.

D. Decorative landscape structures/features.

E. Other uses customary and incidental to parks, open space and recreational uses.

F. Public utility structures and facilities including sanitary sewer, storm sewer, water, electrical, and similar facilities.

Subd. 4. Conditional Uses. The following are conditional uses in the “POS” District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 11.07 of this Chapter):

A. Off-street parking as a principal use as regulated by Section 11.19 of this Chapter.

B. Cemeteries or memorial gardens provided that:

1. Adequate screening from abutting and adjoining residential uses and landscaping is provided.

2. The use meets the minimum setback requirements for principal structures.

3. Adequate on-site roads and traffic control are provided to avoid conflicts with neighboring land.

C. Community centers provided that:

1. Adequate screening from abutting and adjoining residential uses and landscaping is provided.

2. Adequate off-street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and abutting residential uses.

3. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 11.20 of this Chapter.

D. Private golf courses, provided the following requirements are satisfied:

1. Clubhouses containing the following accessory uses may be permitted, but shall be restricted by the size of the premises and the potential impacts on surrounding developments:

(a) Locker rooms.

(b) Meeting rooms.

(c) Pro shops.

(d) Restaurants and bars.

2. Fairways and greens shall be designed with buffer areas that provide protection to surrounding development from golf course activity.

3. A gradual physical and visual transition shall be provided between the driving range and any adjacent areas with natural vegetation.

4. All maintenance facilities shall be located on the premises in a manner that minimizes visual impacts on surrounding development.

E. Wind Energy Conversion Systems (WECS) as regulated by Section 11.31 of this Chapter.

F. Cellular telephone antennas and towers not located upon a public structure as regulated by Section 11.32 of this Chapter.

Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in the “POS” District, subject to additional requirements, exceptions and modifications set forth in this Chapter:

A. Lot Area: None

B. Setbacks for Buildings: Setbacks in yards abutting other districts shall be double those of the abutting district, or the following, whichever is greater:

1. Front Yards: Not less than thirty (30) feet.

2. Side Yards:

(a) Interior Lots: Not less than fifteen (15) feet.

(b) Corner Lots: Not less than twenty (20) feet on a side yard abutting a public street.

3. Rear Yards: Twenty (30) feet.

SEC. 11.90. ENFORCEMENT.

SEC. 11.90. ENFORCEMENT. This Chapter shall be administered and enforced by the Zoning Administrator who is appointed by the Council. The Zoning Administrator may institute in the name of the City any appropriate actions or proceedings against a violator as provided by statute or City Code provision.

SEC. 11.99. VIOLATION A MISDEMEANOR

SEC. 11.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof.

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